Requests for Exclusion. a. Settlement Class Members may submit a Request for Exclusion from (i.e., “opt-out” of) the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v). A member of the Settlement Class who submits a valid Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspection. b. To validly request exclusion from the Settlement Class, a member of the Settlement Class must submit a written request to opt out to the Settlement Administrator so that it is postmarked on or before the Objection and Opt-Out Deadline stating that “I wish to exclude myself from the Settlement Class in the Plenum Inspection Program Class Action Settlement” (or substantially similar clear and unambiguous language). That written request shall contain the Settlement Class member’s printed name, address, telephone number, email address (if any), date of birth, generator serial number, and the address at which the generator is installed. The Request for Exclusion must contain the actual written signature of the Settlement Class member seeking to exclude himself or herself from the Settlement Class. c. Requests for Exclusion cannot be made on a group or class basis, except that joint owners of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner. d. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email. e. Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion as provided in Sections E.1.a. to E.1.d. shall be bound by all subsequent proceedings, orders and judgments in this Lawsuit, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Released Claims. f. A member of the Settlement Class who opts out can, on or before the Objection and Opt-Out Deadline, withdraw their Request for Exclusion by submitting a written request to the Settlement Administrator stating their desire to revoke their Request for Exclusion along with their written signature. g. Any statement or submission purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion. h. Not later than seven (7) days after the Objection and Opt-Out Deadline, the Settlement Administrator shall provide to Class Counsel and Counsel for Generac a complete list of opt-outs together with copies of the opt-out requests and any other related information. Generac may void the Settlement Agreement if the number of optouts constitutes more than one percent of the Settlement Class. Generac must advise Class Counsel and the Court, in writing, of this election within fourteen (14) days of receiving the list of Requests for Exclusion from the Settlement Administrator following the Objection and Opt-Out Deadline. If Generac chooses to void the Settlement in this manner, this Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into this Settlement Agreement.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Requests for Exclusion. a. Members of the Settlement Class Members may submit a Request shall have the right to elect to exclude themselves, or “opt out,” of the monetary portion of this Agreement, relinquishing their rights to cash compensation under this Agreement and preserving their claims for Exclusion from (i.e.damages that accrued during the Class Period, “opt-out” of) the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v)this paragraph:
1. A member of the Settlement Class who submits a valid Request for Exclusion cannot object wishing to opt out of this Agreement must send to the Settlement Administrator by U.S. Mail a personally signed letter including his or her name and is not eligible address, and providing a clear statement communicating that he or she elects to receive any Settlement Payment or Inspection.
b. To validly request exclusion be excluded from the Settlement Class, a member of the Settlement Class must submit a written request to opt out to the Settlement Administrator so that it is postmarked on or before the Objection and Opt-Out Deadline stating that “I wish to exclude myself from the Settlement Class in the Plenum Inspection Program Class Action Settlement” (or substantially similar clear and unambiguous language). That written request shall contain the Settlement Class member’s printed name, address, telephone number, email address (if any), date of birth, generator serial number, and the address at which the generator is installed. The Request for Exclusion must contain the actual written signature of the Settlement Class member seeking to exclude himself or herself from the Settlement Class.
c. Requests for Exclusion cannot be made on a group or class basis, except that joint owners of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner.
d. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email.
e. Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion as provided in Sections E.1.a. to E.1.d. shall be bound by all subsequent proceedings, orders and judgments in this Lawsuit, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Released Claims.
f. A member of the Settlement Class who opts cannot opt out can, on behalf of anyone other than himself or herself.
2. Any request for exclusion or opt out must be postmarked on or before the Objection and Opt-Out Deadline, withdraw their Request for Exclusion by submitting a written request to the Settlement Administrator stating their desire to revoke their Request for Exclusion along with their written signature.
g. Any statement or submission purporting or appearing to be both an objection and opt-out deadline date specified in the Preliminary Approval Order, which shall be treated as no later than thirty (30) calendar days before the hearing on the motion for Final Approval Order and Judgment. The date of the postmark on the return-mailing envelope shall be the exclusive means used to determine whether a Request request for Exclusionexclusion has been timely submitted.
h. Not later than seven (7) days after the Objection and Opt-Out Deadline, the 3. The Settlement Administrator shall provide forward copies of any written requests for exclusion to Class Counsel and Counsel Younique’s Counsel, and shall file a list reflecting all requests for Generac a complete list of opt-outs together exclusion with copies of the opt-out requests Court no later than ten (10) calendar days before the hearing on the motion for Final Approval Order and any other related informationJudgment.
4. Generac may void The request for exclusion must be personally signed by the Settlement Agreement if the number of optouts constitutes more than one percent member of the Settlement Class. Generac must advise Class Counsel and the Court, in writing, of this election within fourteen (14) days of receiving the list of Requests for Exclusion from the Settlement Administrator following the Objection and Opt-Out Deadline. If Generac chooses to void the Settlement in this manner, this Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into this Settlement Agreement.
Appears in 2 contracts
Samples: Class Settlement Agreement, Class Settlement Agreement
Requests for Exclusion. a. Any Settlement Class Members may submit Member who wishes to opt out of the Settlement must complete and mail a Request for Exclusion from (i.e., “opt-out” of) to the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v). A member Claims Administrator within 60 calendar days of the Settlement Class who submits a valid date of the initial mailing of the Notice Packets (the “Response Deadline”).
i. The Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspection.
b. To validly request exclusion from the Settlement Class, a member of the Settlement Class must submit a written request to opt out to the Settlement Administrator so that it is postmarked on or before the Objection and Opt-Out Deadline stating that “I wish to exclude myself from the Settlement Class in the Plenum Inspection Program Class Action Settlement” must: (or substantially similar clear and unambiguous language). That written request shall 1) contain the Settlement Class member’s printed name, address, telephone number, email address (if any), date and last four digits of birth, generator serial number, and the address at which the generator is installed. The Request for Exclusion must contain the actual written signature social security number of the Settlement Class member seeking to exclude himself or herself from Member; (2) be signed by the Settlement Class.
c. Requests Class Member; and (3) be postmarked by the Response Deadline and mailed to the Claims Administrator at the address specified in the Class Notice. If the Request for Exclusion candoes not contain the information listed in items (1)-(3), it will not be made on a group or class basisdeemed valid for exclusion from this Settlement, except that joint owners a Request for Exclusion form not containing a Class Member’s telephone number and/or last four digits of his or her social security number will be deemed valid. The date of the same residence or structure may opt out by using postmark on the same form so long as it is individually signed by each joint owner.
d. The Settlement Administrator will provide copies of all Requests Request for Exclusion shall be the exclusive means used to counsel determine whether a Request for the Parties on a weekly basis by email.
e. Exclusion has been timely submitted. Any potential Settlement Class Member who does not submit validly requests to be excluded from the Settlement will no longer be a valid and timely written Request for Exclusion as provided in Sections E.1.a. to E.1.d. shall be bound by all subsequent proceedings, orders and judgments in this Lawsuit, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Released Claims.
f. A member of the Settlement Class, will not be entitled to any recovery under this Settlement Agreement, and will not be bound by the terms of the Settlement or have any right to object, appeal, or comment thereon.
ii. At no time will the Parties or their counsel seek to solicit or otherwise encourage any Settlement Class who opts out can, on or before the Objection and Opt-Out Deadline, withdraw their Request for Exclusion by submitting a written request Member to object to the Settlement Administrator stating their desire to revoke their Request for Exclusion along with their written signature.
g. Any statement or submission purporting or appearing to be both an objection and opt-opt out shall be treated as a Request for Exclusion.
h. Not later than seven (7) days after the Objection and Opt-Out Deadline, the Settlement Administrator shall provide to Class Counsel and Counsel for Generac a complete list of opt-outs together with copies of the opt-out requests and any other related information. Generac may void the Settlement Agreement if the number of optouts constitutes more than one percent of the Settlement Class. Generac must advise , or encourage any Settlement Class Counsel and the Court, in writing, of this election within fourteen (14) days of receiving the list of Requests for Exclusion Member to appeal from the Settlement Administrator following the Objection and Opt-Out Deadline. If Generac chooses to void the Settlement in this manner, this Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into this Settlement Agreementfinal judgment.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Requests for Exclusion. a. Any Settlement Class Members may Member who wishes to opt out of the Settlement must submit a valid and timely request in writing to be excluded from the Settlement (“Request for Exclusion”).
i. The Request for Exclusion from must: (i.e., “opt-out” of1) contain the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v). A member case name and number of the Settlement Class who submits a valid Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspection.
b. To validly request exclusion from the Settlement Class, a member of the Settlement Class must submit a written request to opt out to the Settlement Administrator so that it is postmarked on or before the Objection and Opt-Out Deadline stating that “I wish to exclude myself from the Settlement Class in the Plenum Inspection Program Class Action Settlement” Xxxxxxxxx Action; (or substantially similar clear and unambiguous language). That written request shall 2) contain the Settlement Class member’s printed full name, address, telephone number, email address and last four digits of the social security number of the Class Member; (if any), date of birth, generator serial number, 3) be signed by the Class Member; (4) contain a statement clearly indicating that the Class Member wishes to be excluded from the Settlement; and (5) be postmarked on or before the Response Deadline and mailed to the Settlement Administrator at the address at which specified in the generator is installedClass Notice. The If the Request for Exclusion must contain does not satisfy the actual written signature requirements listed in items (1)- (5), it will not be deemed complete or valid. The date of the Settlement Class member seeking to exclude himself or herself from postmark on the Settlement Class.
c. Requests Request for Exclusion cannot shall be made on the exclusive means used to determine whether a group or class basis, except that joint owners of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner.
d. The Settlement Administrator will provide copies of all Requests Request for Exclusion to counsel for the Parties on a weekly basis by email.
e. has been timely submitted. Any Settlement Class Member who does not submit submits a valid and timely written Request for Exclusion as provided in Sections E.1.a. to E.1.d. shall will not be bound by all subsequent proceedings, orders and judgments in this Lawsuit, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Released Claims.
f. A a member of the Settlement Class, will not be entitled to any recovery under this Settlement Agreement, and will not be bound by the terms of the Settlement or have any right to object, appeal, or comment thereon. If a Class who opts out can, on or before the Objection and Opt-Out Deadline, withdraw their Member submits both a Request for Exclusion and an Objection, then, the Request for Exclusion will be processed, and the Objection will be considered void.
ii. If more than five percent (5%) of the Class Members submit a valid Request for Exclusion (“opt out”), Defendant may, at its discretion, elect to rescind the Settlement by submitting a written request communicating that decision to both the Settlement Administrator stating their desire to revoke their Request for Exclusion along with their written signature.
g. Any statement or submission purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion.
h. Not later than seven Class Counsel in writing within five (75) calendar days after the Objection and Opt-Out DeadlineSettlement Administrator notifies the Parties that the 5% threshold has been exceeded, which the Settlement Administrator shall provide to Class Counsel and Counsel for Generac a complete list of opt-outs together with copies of the opt-out requests and any other related information. Generac may void the Settlement Agreement if the number of optouts constitutes more than one percent of the Settlement Class. Generac must advise Class Counsel and the Court, in writing, of this election do within fourteen (14) days of receiving the list of Requests for Exclusion from the Settlement Administrator following the Objection and Opt-Out Deadline. If Generac chooses to void the Settlement in this manner, this Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into this Settlement Agreement.five
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. a. Any Settlement Class Members may member who wishes to opt-out of the Settlement must complete and mail a Request for Exclusion (defined below) to the Settlement Administrator within 60 calendar days of the date of the initial mailing of the Notice Packets (the “Response Deadline").
i. The Notice Packet shall state that Settlement Class members who wish to exclude themselves from the Settlement must submit a Request for Exclusion from (i.e., “opt-out” of) by the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v)Response Deadline. A member of the Settlement Class who submits a valid The Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspection.
b. To validly request exclusion from the Settlement Class, a member of the Settlement Class must submit a written request to opt out to the Settlement Administrator so that it is postmarked on or before the Objection and Opt-Out Deadline stating that “I wish to exclude myself from the Settlement Class in the Plenum Inspection Program Class Action Settlement” must: (or substantially similar clear and unambiguous language). That written request shall 1) contain the Settlement Class member’s printed name, address, telephone number, email address (if any), date of birth, generator serial number, number and the address at which last four digits of the generator is installed. The Request for Exclusion must contain the actual written signature Social Security number of the Settlement Class member seeking to exclude himself or herself from the Settlement Class.
c. Requests for Exclusion cannot be made on member; (2) contain a group or class basis, except statement that joint owners of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner.
d. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email.
e. Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion as provided in Sections E.1.a. to E.1.d. shall be bound by all subsequent proceedings, orders and judgments in this Lawsuit, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Released Claims.
f. A member of the Settlement Class who opts out can, on or before member wishes to be excluded from the Objection Settlement; (3) be signed by the Settlement Class member; and Opt-Out Deadline, withdraw their Request for Exclusion (4) be postmarked by submitting a written request the Response Deadline and mailed to the Settlement Administrator stating their desire to revoke their at the address specified in the Class Notice. If the Request for Exclusion along with their written signaturedoes not contain the information listed in (1)-(3), it will not be deemed valid for exclusion from the Settlement, except a Request for Exclusion not containing a Class Member’s telephone number and/or last four digits of the Social Security number will still be deemed valid. The date of the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class member who requests to be excluded from the Settlement Class will not be entitled to any recovery under this Settlement Agreement and will not be bound by the terms of the Settlement or have any right to object, appeal or comment thereon.
g. Any statement ii. At no time will the Parties or submission purporting their counsel seek to solicit or appearing otherwise encourage any Settlement Class member to be both an objection and object to the Settlement or opt-out shall be treated as a Request for Exclusion.
h. Not later than seven (7) days after the Objection and Opt-Out Deadline, the Settlement Administrator shall provide to Class Counsel and Counsel for Generac a complete list of opt-outs together with copies of the opt-out requests and any other related information. Generac may void the Settlement Agreement if the number of optouts constitutes more than one percent of the Settlement Class. Generac must advise , or encourage any Settlement Class Counsel and the Court, in writing, of this election within fourteen (14) days of receiving the list of Requests for Exclusion member to appeal from the Settlement Administrator following the Objection and Opt-Out Deadline. If Generac chooses to void the Settlement in this manner, this Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into this Settlement Agreementfinal judgment.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. a. Any Settlement Class Members may member who wishes to opt-out of the Settlement must complete and mail a Request for Exclusion (defined below) to the Settlement Administrator within sixty (60) calendar days of the date of the initial mailing of the Notice Packets (the “Response Deadline").
i. The Notice Packet shall state that Settlement Class members who wish to exclude themselves from the Settlement must submit a Request for Exclusion from (i.e., “opt-out” of) by the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v)Response Deadline. A member of the Settlement Class who submits a valid The Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspection.
b. To validly request exclusion from the Settlement Class, a member of the Settlement Class must submit a written request to opt out to the Settlement Administrator so that it is postmarked on or before the Objection and Opt-Out Deadline stating that “I wish to exclude myself from the Settlement Class in the Plenum Inspection Program Class Action Settlement” must: (or substantially similar clear and unambiguous language). That written request shall 1) contain the Settlement Class member’s printed name, address, telephone number, email address (if any), date of birth, generator serial number, number and the address at which last four digits of the generator is installed. The Request for Exclusion must contain the actual written signature Social Security number of the Settlement Class member seeking to exclude himself or herself from the Settlement Class.
c. Requests for Exclusion cannot be made on member; (2) contain a group or class basis, except statement that joint owners of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner.
d. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email.
e. Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion as provided in Sections E.1.a. to E.1.d. shall be bound by all subsequent proceedings, orders and judgments in this Lawsuit, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Released Claims.
f. A member of the Settlement Class who opts out can, on or before member wishes to be excluded from the Objection Settlement; (3) be signed by the Settlement Class member; and Opt-Out Deadline, withdraw their Request for Exclusion (4) be postmarked by submitting a written request the Response Deadline and mailed to the Settlement Administrator stating their desire to revoke their at the address specified in the Class Notice. If the Request for Exclusion along with their written signaturedoes not contain the information listed in (1)-(3), it will not be deemed valid for exclusion from the Settlement, except a Request for Exclusion not containing a Class Member’s telephone number and/or last four digits of the Social Security number will be deemed valid. The date of the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class member who timely requests to be excluded from the Settlement Class will not be entitled to any recovery under this Settlement Agreement and will not be bound by the terms of the Settlement or have any right to object, appeal or comment thereon.
g. Any statement ii. At no time will the Parties or submission purporting their counsel seek to solicit or appearing otherwise encourage any Settlement Class member to be both an objection and object to the Settlement or opt-out shall be treated as a Request for Exclusion.
h. Not later than seven (7) days after the Objection and Opt-Out Deadline, the Settlement Administrator shall provide to Class Counsel and Counsel for Generac a complete list of opt-outs together with copies of the opt-out requests and any other related information. Generac may void the Settlement Agreement if the number of optouts constitutes more than one percent of the Settlement Class. Generac must advise , or encourage any Settlement Class Counsel and the Court, in writing, of this election within fourteen (14) days of receiving the list of Requests for Exclusion member to appeal from the Settlement Administrator following the Objection and Opt-Out Deadline. If Generac chooses to void the Settlement in this manner, this Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into this Settlement Agreementfinal judgment.
Appears in 1 contract
Samples: Stipulation of Settlement
Requests for Exclusion. a. Any Settlement Class Members may member who wishes to opt-out of the Settlement must complete and mail a Request for Exclusion (defined below) to the Settlement Administrator within sixty (60) calendar days of the date of the initial mailing of the Notice Packets (the “Response Deadline").
i. The Notice Packet shall state that Settlement Class members who wish to exclude themselves from the Settlement must submit a Request for Exclusion from (i.e., “opt-out” of) by the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v)Response Deadline. A member of the Settlement Class who submits a valid The Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspection.
b. To validly request exclusion from the Settlement Class, a member of the Settlement Class must submit a written request to opt out to the Settlement Administrator so that it is postmarked on or before the Objection and Opt-Out Deadline stating that “I wish to exclude myself from the Settlement Class in the Plenum Inspection Program Class Action Settlement” must: (or substantially similar clear and unambiguous language). That written request shall 1) contain the Settlement Class member’s printed name, address, telephone number, email address (if any), date of birth, generator serial number, number and the address at which last four digits of the generator is installed. The Request for Exclusion must contain the actual written signature Social Security number of the Settlement Class member seeking to exclude himself or herself from the Settlement Class.
c. Requests for Exclusion cannot be made on member; (2) contain a group or class basis, except statement that joint owners of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner.
d. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email.
e. Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion as provided in Sections E.1.a. to E.1.d. shall be bound by all subsequent proceedings, orders and judgments in this Lawsuit, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Released Claims.
f. A member of the Settlement Class who opts out can, on or before member wishes to be excluded from the Objection Settlement; (3) be signed by the Settlement Class member; and Opt-Out Deadline, withdraw their Request for Exclusion (4) be postmarked by submitting a written request the Response Deadline and mailed to the Settlement Administrator stating their desire to revoke their at the address specified in the Class Notice. If the Request for Exclusion along with their written signaturedoes not contain the information listed in (1)-(3), it will not be deemed valid for exclusion from the Settlement, except a Request for Exclusion not containing a Settlement Class member’s telephone number and/or last four digits of the Social Security number will be deemed valid. The date of the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class member who requests to be excluded from the Settlement Class will not be entitled to any recovery under this Settlement Agreement (except for any amount due to him or her from the PAGA Amount, if applicable) and will not be bound by the terms of the Settlement (except for the PAGA release, if applicable) or have any right to object, appeal or comment thereon.
g. Any statement ii. At no time will the Parties or submission purporting their counsel seek to solicit or appearing otherwise encourage any Settlement Class member to be both an objection and object to the Settlement or opt-out shall be treated as a Request for Exclusion.
h. Not later than seven (7) days after the Objection and Opt-Out Deadline, the Settlement Administrator shall provide to Class Counsel and Counsel for Generac a complete list of opt-outs together with copies of the opt-out requests and any other related information. Generac may void the Settlement Agreement if the number of optouts constitutes more than one percent of the Settlement Class. Generac must advise , or encourage any Settlement Class Counsel and the Court, in writing, of this election within fourteen (14) days of receiving the list of Requests for Exclusion member to appeal from the Settlement Administrator following the Objection and Opt-Out Deadline. If Generac chooses to void the Settlement in this manner, this Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into this Settlement Agreementfinal judgment.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. a. Any Settlement Class Members may member who wishes to opt-out of the Settlement must complete and mail a Request for Exclusion (defined below) to the Settlement Administrator within sixty (60) calendar days of the date of the initial mailing of the Notice Packets (the “Response Deadline").
i. The Notice Packet shall state that Settlement Class members who wish to exclude themselves from the Settlement must submit a Request for Exclusion from (i.e., “opt-out” of) by the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v)Response Deadline. A member of the Settlement Class who submits a valid The Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspection.
b. To validly request exclusion from the Settlement Class, a member of the Settlement Class must submit a written request to opt out to the Settlement Administrator so that it is postmarked on or before the Objection and Opt-Out Deadline stating that “I wish to exclude myself from the Settlement Class in the Plenum Inspection Program Class Action Settlement” must: (or substantially similar clear and unambiguous language). That written request shall 1) contain the Settlement Class member’s printed name, address, telephone number, email address (if any), date of birth, generator serial number, number and the address at which last four digits of the generator is installed. The Request for Exclusion must contain the actual written signature Social Security number of the Settlement Class member; (2) contain a statement that the Settlement Class member seeking wishes to be excluded from the Settlement; (3) be signed by the Settlement Class member; and (4) be postmarked by the Response Deadline and mailed to the Settlement Administrator at the address specified in the Class Notice. If the Request for Exclusion does not contain the information listed in (1)-(3), it will not be deemed valid for exclusion from the Settlement, except a Request for Exclusion not containing a Class Member’s telephone number and/or last four digits of the Social Security number will be deemed valid. The date of the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class member who requests to be excluded from the Settlement Class will not be entitled to any recovery of a Settlement Award and will not be bound by the terms of the Settlement nor have any right to object, appeal or comment thereon.
ii. Notwithstanding Paragraph 11.C.i above, the Parties agree there is no statutory or other right for any Settlement Class member to opt out or otherwise exclude himself or herself from the Settlement Class.
c. Requests for Exclusion cannot be made on a group or class basis, except that joint owners PAGA portion of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner.
d. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email.
e. Any Settlement. A Settlement Class Member member who does not submit submits a valid and timely written Request for Exclusion as provided in Sections E.1.a. to E.1.d. shall still receive his or her proportionate share of the PAGA Amount and shall be bound by all subsequent proceedings, orders and judgments in this Lawsuit, including, but not limited to, deemed to have released the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the PAGA Released Claims.
f. A member of the Settlement Class who opts out can, on or before the Objection and Opt-Out Deadline, withdraw their Request for Exclusion by submitting a written request to the Settlement Administrator stating their desire to revoke their Request for Exclusion along with their written signature.
g. Any statement or submission purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion.
h. Not later than seven (7) days after the Objection and Opt-Out Deadline, the Settlement Administrator shall provide to Class Counsel and Counsel for Generac a complete list of opt-outs together with copies of the opt-out requests and any other related information. Generac may void the Settlement Agreement if the number of optouts constitutes more than one percent of the Settlement Class. Generac must advise Class Counsel and the Court, in writing, of this election within fourteen (14) days of receiving the list of Requests for Exclusion from the Settlement Administrator following the Objection and Opt-Out Deadline. If Generac chooses to void the Settlement in this manner, this Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into this Settlement Agreement.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. a. Any Settlement Class Members may member who wishes to opt-out of the Settlement must complete and mail a Request for Exclusion (defined below) to the Settlement Administrator within forty-five (45) calendar days of the date of the initial mailing of the Notice Packets (the “Response Deadline").
i. The Notice Packet shall state that Settlement Class members who wish to exclude themselves from the Settlement must submit a Request for Exclusion from (i.e., “opt-out” of) by the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v)Response Deadline. A member of the Settlement Class who submits a valid The Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspection.
b. To validly request exclusion from the Settlement Class, a member of the Settlement Class must submit a written request to opt out to the Settlement Administrator so that it is postmarked on or before the Objection and Opt-Out Deadline stating that “I wish to exclude myself from the Settlement Class in the Plenum Inspection Program Class Action Settlement” must: (or substantially similar clear and unambiguous language). That written request shall 1) contain the Settlement Class member’s printed name, address, telephone number, email address (if any), date of birth, generator serial number, number and the address at which last four digits of the generator is installed. The Request for Exclusion must contain the actual written signature Social Security number of the Settlement Class member; (2) contain a statement that the Settlement Class member seeking wishes to exclude himself or herself be excluded from the Settlement; (3) be signed by the Settlement Class member; and (4) be postmarked by the Response Deadline and mailed to the Settlement Administrator at the address specified in the Class Notice. If the Request for Exclusion does not contain the information listed in (1)-(3), it will not be deemed valid for exclusion from the Settlement, except a Request for Exclusion not containing a Class Member’s telephone number and/or last four digits of the Social Security number will be deemed valid. The date of the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class member who requests to be excluded from the Settlement Class.
c. Requests for Exclusion canClass will not be made on a group or class basis, except that joint owners entitled to any recovery under this Settlement Agreement and will not be bound by the terms of the same residence Settlement or structure may opt out by using the same form so long as it is individually signed by each joint owner.
d. The Settlement Administrator will provide copies of all Requests for Exclusion have any right to counsel for the Parties on a weekly basis by email.
e. object, appeal or comment thereon. Any Settlement Class Member member who does not submit a valid and valid, timely written Request for Exclusion as provided in Sections E.1.a. set forth herein is deemed to E.1.d. shall be bound by have released all subsequent proceedings, orders and judgments in this Lawsuit, including, but not limited to, Released Claims against the Release, Released Parties assuming the Court issues an order granting Final Approval Order, and of this Settlement.
ii. At no time will the Final Judgment, even if such Parties or their counsel seek to solicit or otherwise encourage directly or indirectly any Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating member to object to the Released Claims.
f. A member of the Settlement Class who opts out canSettlement, on or before the Objection and Opt-Out Deadline, withdraw their Request for Exclusion by submitting a written request to the Settlement Administrator stating their desire to revoke their Request for Exclusion along with their written signature.
g. Any statement or submission purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion.
h. Not later than seven (7) days after the Objection and Opt-Out Deadline, the Settlement Administrator shall provide to Class Counsel and Counsel for Generac a complete list of opt-outs together with copies of the opt-out requests and any other related information. Generac may void the Settlement Agreement if the number of optouts constitutes more than one percent of the Settlement Class. Generac must advise , or encourage any Settlement Class Counsel and the Court, in writing, of this election within fourteen (14) days of receiving the list of Requests for Exclusion member to appeal from the Settlement Administrator following the Objection and Opt-Out Deadline. If Generac chooses to void the Settlement in this manner, this Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into this Settlement Agreementfinal judgment.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Requests for Exclusion. a. Any Settlement Class Members may submit member who wishes to opt-out of the Settlement must complete and mail a Request for Exclusion from (i.e., “opt-out” ofdefined below) the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v). A member of the Settlement Class who submits a valid Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspection.
b. To validly request exclusion from the Settlement Class, a member of the Settlement Class must submit a written request to opt out to the Settlement Administrator so that it is postmarked on or before within sixty (60) calendar days of the Objection and Opt-Out Deadline stating that date of the initial mailing of the Notice Packets (the “I wish to exclude myself from the Settlement Class in the Plenum Inspection Program Class Action Settlement” (or substantially similar clear and unambiguous languageResponse Deadline”). That written request The Class Notice shall contain the Settlement Class member’s printed name, address, telephone number, email address (if any), date of birth, generator serial number, and the address at which the generator is installed. The Request for Exclusion must contain the actual written signature of the state that a Settlement Class member seeking who wishes to exclude himself or herself from the Settlement Class.
c. Requests for Exclusion cannot be made on a group or class basis, except that joint owners of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner.
d. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email.
e. Any Settlement Class Member who does not must submit a valid and timely written “Request for Exclusion” by the Response Deadline. A Request for Exclusion as provided in Sections E.1.a. to E.1.d. shall be bound is a letter or card prepared by all subsequent proceedingsthe Settlement Class member which must:
(1) contain the name, orders and judgments in this Lawsuitaddress, including, but not limited to, the Release, the Final Approval Order, telephone number and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to last four digits of the Released Claims.
f. A member Social Security number of the Settlement Class who opts out can, on or before member;
(2) contain a statement that the Objection Settlement Class member wishes to be excluded from the Settlement; (3) be signed by the Settlement Class member; and Opt-Out Deadline, withdraw their Request for Exclusion (4) be postmarked by submitting a written request the Response Deadline and mailed to the Settlement Administrator stating their desire to revoke their at the address specified in the Class Notice. If the Request for Exclusion along with their written signature.
g. Any statement or submission purporting or appearing to Form does not contain the information listed in (1)-(3), it will not be both an objection and opt-out shall be treated as deemed valid for exclusion from the Settlement, except a Request for Exclusion.
h. Not later than seven (7) days after Exclusion Form not containing a Settlement Class member’s telephone number and/or last four digits of the Objection and Opt-Out Deadline, Social Security number will be deemed valid. The date of the postmark on the Request for Exclusion Form shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class member who validly requests to be excluded from the Settlement Administrator shall provide Class will not be entitled to Class Counsel and Counsel for Generac a complete list of opt-outs together with copies of the opt-out requests and any other related information. Generac may void the recovery under this Settlement Agreement if and will not be bound by the number of optouts constitutes more than one percent terms of the Settlement Classor have any right to object, appeal or comment thereon. Generac must advise Neither Plaintiff, Class Counsel and Counsel, VOX, nor VOX’s counsel will request, solicit, or otherwise encourage Settlement Class members to opt out of the Court, in writing, of this election within fourteen (14) days of receiving the list of Requests for Exclusion from the Settlement Administrator following the Objection and Opt-Out Deadline. If Generac chooses to void the Settlement in this manner, this Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into this Settlement AgreementSettlement.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. a. 1. A Settlement Class Members Member may submit a Request for Exclusion request to be excluded from (i.e., “opt-out” of) the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v). A member of the Settlement Class who submits by sending a valid Request written request for Exclusion cannot object exclusion to the Settlement Claims Administrator to the address provided in the Long Form Notice, postmarked no later than ninety-five (95) days after entry of the Preliminary Approval Opt-Out and is not eligible to receive any Settlement Payment or InspectionObjection Date date shall be included in both the Long Form Notice and Short Form Notice.
b. To validly 2. A written request for exclusion must:
(a) include a statement requesting exclusion from the Settlement Class;
(b) be personally signed by the Settlement Class Member; and
(c) and email address, a member and the caption of the Action.
3. A request to be excluded from the Settlement Class shall be invalid if it does not include all information specified in this Section V, and/or is sent to an address other than that designated in the Long Form Notice, and/or is not postmarked within the time specified in the preceding paragraph 1. Those submitting invalid requests for exclusion shall be deemed to remain in the Settlement Class and shall be bound as Settlement Class Members by the Agreement provided the Agreement is approved by the Court.
4. Any Settlement Class Member who validly elects to be excluded from the Settlement Class per this Section shall not be bound by the Final Judgment, not be entitled to relief under the Agreement, not gain any rights by virtue of the Agreement, and not be permitted to object to any aspect of the Agreement.
5. A request to be excluded from the Settlement Class must submit a written request to opt out be personal to the Settlement Administrator so that it is postmarked on or before the Objection and Opt-Out Deadline stating that “I wish to exclude myself from the requesting individual. No Settlement Class in the Plenum Inspection Program Class Action Settlement” (or substantially similar clear and unambiguous language). That written request shall contain the Member may exclude other Settlement Class member’s printed name, address, telephone number, email address (if any), date of birth, generator serial number, and the address at which the generator is installed. The Request for Exclusion must contain the actual written signature of the Settlement Class member seeking to exclude himself or herself Members from the Settlement Class.
c. Requests for Exclusion cannot be made on a group or class basis6. The Claims Administrator, except that joint owners of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner.
d. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email.
e. Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion as provided in Sections E.1.a. to E.1.d. shall be bound by all subsequent proceedings, orders and judgments in this Lawsuit, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Released Claims.
f. A member of the Settlement Class who opts out can, on or before the Objection and Opt-Out Deadline, withdraw their Request for Exclusion by submitting a written request to the Settlement Administrator stating their desire to revoke their Request for Exclusion along with their written signature.
g. Any statement or submission purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion.
h. Not later than within seven (7) days after following the Objection and Opt-Out Deadlineand Objection Date, shall prepare and provide copies of the Settlement Administrator shall provide Opt-Out List to Class Counsel and Counsel Xxxxxx Xxxxxxx.
7. Xxxxxx has the right in its sole discretion to audit the exclusion process for Generac a complete list accuracy of opt-outs together with copies of the opt-out requests and any other related information. Generac may void the Settlement Agreement if the number of optouts constitutes more than one percent of the Settlement Class. Generac must advise Class Counsel and the Courtsubmission, in writing, of this election within fourteen (14) days of receiving the list of Requests for Exclusion from the Settlement Administrator following the Objection and Opt-Out Deadline. If Generac chooses to void the Settlement in this manner, this Settlement Agreement will be vacated, rescinded, cancellederror, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into this Settlement Agreementotherwise. T validity.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. a. The Notices shall provide that Settlement Class Members may who wish to exclude themselves from the Settlement Agreement must submit a Request for Exclusion from (i.e., “opt-out” of) the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v). A member of the Settlement Class who submits a valid Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspection.
b. To validly request written statement requesting exclusion from the Settlement Classwithin ninety (90) days of the publishing of the Notices. Such written request for exclusion must contain the name, address, of the person requesting exclusion, the approximate date he or she dined at Defendants’ Restaurants, and either the amount he or she was charged for a member CDF fee or the approximate amount of his or her bill. The request for exclusion must be signed by the Settlement Class Member who seeks to be excluded from the settlement. No request for exclusion may be made on behalf of a group of Settlement Class Members. The request for exclusion must submit a written request to opt out be sent by U. S. mail to the Settlement Administrator so that it is postmarked on or before at the Objection and Opt-Out Deadline stating that “I wish to exclude myself from the Settlement Class address set forth in the Plenum Inspection Program Class Action Settlement” Notice and must be postmarked within ninety (or substantially similar clear and unambiguous language). That written request shall contain the Settlement Class member’s printed name, address, telephone number, email address (if any), date of birth, generator serial number, and the address at which the generator is installed. The Request for Exclusion must contain the actual written signature 90) days of the Settlement Class member seeking to exclude himself or herself from the Settlement Class.
c. Requests for Exclusion cannot be made on a group or class basis, except that joint owners publishing of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner.
d. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email.
e. Notices. Any Settlement Class Member who does requests to opt out of the Settlement will not be entitled to any Settlement Award, will not be bound by the Settlement Agreement, and will not have any right to object, appeal, or comment thereon. Settlement Class Members who fail to submit a valid and timely written Request request for Exclusion as provided in Sections E.1.a. to E.1.d. exclusion shall be bound by all subsequent proceedings, orders terms of the Settlement Agreement and judgments in this Lawsuit, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Released Claims.
f. A member of the Settlement Class who opts out can, on or before the Objection and Opt-Out Deadline, withdraw their Request for Exclusion unless otherwise determined by submitting a written request to the Settlement Administrator stating their desire to revoke their Request for Exclusion along with their written signature.
g. Any statement or submission purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion.
h. Not later than seven (7) days after the Objection and Opt-Out Deadline, the Settlement Administrator shall provide to Class Counsel and Counsel for Generac a complete list of opt-outs together with copies of the opt-out requests and any other related information. Generac may void the Settlement Agreement if the number of optouts constitutes more than one percent of the Settlement Class. Generac must advise Class Counsel and the Court, in writing, of this election within fourteen (14) days of receiving the list of Requests . Any request for Exclusion from the Settlement Administrator following the Objection and Opt-Out Deadline. If Generac chooses to void the Settlement in this manner, this Settlement Agreement exclusion will be vacated, rescinded, cancelled, and annulled, and at the Parties will return to the status quo ex ante, as if they had not entered into this Settlement Agreementrequesting Class Members’ sole expense.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. a. Any Settlement Class Members may member who wishes to opt-out of the Settlement must complete and mail a Request for Exclusion (defined below) to the Settlement Administrator within sixty (60) calendar days of the date of the initial mailing of the Notice Packets (the “Response Deadline").
i. The Notice Packet shall state that Settlement Class members who wish to exclude themselves from the Settlement must submit a Request for Exclusion from (i.e., “opt-out” of) by the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v)Response Deadline. A member of the Settlement Class who submits a valid The Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspection.
b. To validly request exclusion from the Settlement Class, a member of the Settlement Class must submit a written request to opt out to the Settlement Administrator so that it is postmarked on or before the Objection and Opt-Out Deadline stating that “I wish to exclude myself from the Settlement Class in the Plenum Inspection Program Class Action Settlement” must: (or substantially similar clear and unambiguous language). That written request shall 1) contain the Settlement Class member’s printed name, address, telephone number, email address (if any), date of birth, generator serial number, number and the address at which last four digits of the generator is installed. The Request for Exclusion must contain the actual written signature Social Security number of the Settlement Class member; (2) contain a statement that the Settlement Class member seeking wishes to be excluded from the Settlement; (3) be signed by the Settlement Class member; and (4) be postmarked by the Response Deadline and mailed to the Settlement Administrator at the address specified in the Class Notice. If the Request for Exclusion does not contain the information listed in (1)-(3), it will not be deemed valid for exclusion from the Settlement, except a Request for Exclusion not containing a Class Member’s telephone number and/or last four digits of the Social Security number will be deemed valid. The date of the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class member who requests to be excluded from the Settlement Class will not be entitled to any recovery under this Settlement Agreement and will not be bound by the terms of the Settlement or have any right to object, appeal or comment thereon.
ii. The Parties agree there is no statutory or other right for any Settlement Class member to opt out or otherwise exclude himself or herself from the Settlement Class.
c. Requests for Exclusion cannot be made on a group or class basis, except that joint owners PAGA portion of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner.
d. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email.
e. Any Settlement. A Settlement Class Member member who does not submit submits a valid and timely written Request for Exclusion as provided in Sections E.1.a. to E.1.d. shall still receive his or her proportionate share of the PAGA Amount and be bound by all subsequent proceedings, orders and judgments in this Lawsuit, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Released Claims.
f. A member of the Settlement Class who opts out can, on or before the Objection and Opt-Out Deadline, withdraw their Request for Exclusion by submitting a written request to the Settlement Administrator stating their desire to revoke their Request for Exclusion along with their written signature.
g. Any statement or submission purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion.
h. Not later than seven (7) days after the Objection and Opt-Out Deadline, the Settlement Administrator shall provide to Class Counsel and Counsel for Generac a complete list of opt-outs together with copies of the opt-out requests and any other related information. Generac may void the Settlement Agreement if the number of optouts constitutes more than one percent of the Settlement Class. Generac must advise Class Counsel and the Court, in writing, of this election within fourteen (14) days of receiving the list of Requests for Exclusion from the Settlement Administrator following the Objection and Opt-Out Deadline. If Generac chooses to void the Settlement in this manner, this Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into this Settlement Agreementrelease.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. a. Any Settlement Class Members may member who wishes to opt-out of the settlement must complete and mail a Request for Exclusion (defined below) to the Settlement Administrator within forty-five (45) calendar days of the date of the initial mailing of the Notice (the “Response Deadline").
i. The Notice Packet shall state that Settlement Class members who wish to exclude themselves from the Settlement must submit a Request for Exclusion from (i.e., “opt-out” of) by the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v)Response Deadline. A member of the Settlement Class who submits a valid The Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspection.
b. To validly request exclusion from the Settlement Class, a member of the Settlement Class must submit a written request to opt out to the Settlement Administrator so that it is postmarked on or before the Objection and Opt-Out Deadline stating that “I wish to exclude myself from the Settlement Class in the Plenum Inspection Program Class Action Settlement” must: (or substantially similar clear and unambiguous language). That written request shall 1) contain the Settlement Class member’s printed name, address, telephone number, email address (if any), date of birth, generator serial number, number and the address at which last four digits of the generator is installed. The Request for Exclusion must contain the actual written signature Social Security number of the Settlement Class member seeking to exclude himself or herself from the Settlement Class.
c. Requests for Exclusion cannot be made on member; (2) contain a group or class basis, except statement that joint owners of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner.
d. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email.
e. Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion as provided in Sections E.1.a. to E.1.d. shall be bound by all subsequent proceedings, orders and judgments in this Lawsuit, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Released Claims.
f. A member of the Settlement Class who opts out can, on or before member wishes to be excluded from the Objection Settlement; (3) be signed by the Settlement Class member; and Opt-Out Deadline, withdraw their Request for Exclusion (4) be postmarked by submitting a written request the Response Deadline and mailed to the Settlement Administrator stating their desire to revoke their at the address specified in the Class Notice. If the Request for Exclusion along with their written signature.
g. Any statement or submission purporting or appearing to does not contain the information listed in (1)-(3), it will not be both an objection and opt-out shall be treated as deemed valid for exclusion from the Settlement, except a Request for Exclusion.
h. Not later than seven (7) days after Exclusion not containing a Class Member’s telephone number and/or last four digits of the Objection and Opt-Out Deadline, Social Security number will be deemed valid. The date of the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class member who requests to be excluded from the Settlement Administrator shall provide Class will not be entitled to Class Counsel and Counsel for Generac a complete list of opt-outs together with copies of the opt-out requests and any other related information. Generac may void the recovery under this Settlement Agreement if and will not be bound by the number of optouts constitutes more than one percent terms of the Settlement Class. Generac must advise Class Counsel and the Courtor have any right to object, in writing, of this election within fourteen (14) days of receiving the list of Requests for Exclusion from the Settlement Administrator following the Objection and Opt-Out Deadline. If Generac chooses to void the Settlement in this manner, this Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into this Settlement Agreementappeal or comment thereon.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. a. The Notice shall inform Settlement Class Members that they may submit exclude themselves from the Settlement Class by mailing to the Settlement Administrator a Request written request for Exclusion from (exclusion that is postmarked no later than the Exclusion/Objection Deadline, i.e., “opt-out” ofno later than one hundred twenty (120) days after the entry of the Preliminary Approval Order. To be effective, the request for exclusion must include (a) the Settlement pursuant Class Member’s full name, telephone number, and mailing address; (b) a clear and unequivocal statement that the Settlement Class Member wishes to Federal Rule be excluded from the Settlement Class; (c) the name of Civil Procedure 23(c)(2)(B)(v)the Litigation: “Neversink General Store et al. v. Mowi USA, LLC et al., Case No. 1:20-cv-09293- PAE”; and (d) the Settlement Class Member’s signature, or the like signature or affirmation of an individual authorized to act on the Settlement Class Member’s behalf. Upon the Settlement Administrator’s receipt of a timely and valid exclusion request, the Settlement Class Member shall be deemed excluded from the Settlement Class and shall not be entitled to any benefits of this Settlement. A member Settlement Class Member may request to be excluded from the Settlement only on the Settlement Class Member’s own behalf; a Settlement Class Member may not request that other Settlement Class Members (or a group or subclass of Settlement Class Members) be excluded from the settlement. The Settlement Administrator shall provide copies of all timely and valid exclusion requests to Settlement Class Counsel and Mowi’s Counsel. A list of the Settlement Class Members who submits a valid Request for Exclusion cannot object to the Settlement have timely and is not eligible to receive any Settlement Payment or Inspection.
b. To validly request exclusion from the Settlement Class, a member of the Settlement Class must submit a written request to opt out to the Settlement Administrator so that it is postmarked on or before the Objection and Opt-Out Deadline stating that “I wish to exclude myself excluded themselves from the Settlement Class in the Plenum Inspection Program Class Action Settlement” (or substantially similar clear and unambiguous language). That written request shall contain the Settlement Class member’s printed name, address, telephone number, email address (if any), date of birth, generator serial number, and the address at which the generator is installed. The Request for Exclusion must contain the actual written signature of the Settlement Class member seeking pursuant to exclude himself or herself from the Settlement Class.
c. Requests for Exclusion cannot be made on a group or class basis, except that joint owners of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner.
d. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email.
e. Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion as provided in Sections E.1.a. to E.1.d. this Section 4.4 shall be bound by all subsequent proceedings, orders and judgments in this Lawsuit, including, but not limited to, the Release, attached to the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, Order or subsequently initiates litigation, against any Released Party relating to the Released Claims.
f. A member of the Settlement Class who opts out can, on or before the Objection and Opt-Out Deadline, withdraw their Request for Exclusion otherwise recorded by submitting a written request to the Settlement Administrator stating their desire to revoke their Request for Exclusion along with their written signature.
g. Any statement or submission purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion.
h. Not later than seven (7) days after the Objection and Opt-Out Deadline, the Settlement Administrator shall provide to Class Counsel and Counsel for Generac a complete list of opt-outs together with copies of the opt-out requests and any other related information. Generac may void the Settlement Agreement if the number of optouts constitutes more than one percent of the Settlement Class. Generac must advise Class Counsel and the Court, in writing, of this election within fourteen (14) days of receiving the list of Requests for Exclusion from the Settlement Administrator following the Objection and Opt-Out Deadline. If Generac chooses to void the Settlement in this manner, this Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into this Settlement Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Requests for Exclusion. a. Settlement A Class Members may submit a Request for Exclusion from (i.e., “opt-out” of) the Settlement pursuant Member who wishes to Federal Rule of Civil Procedure 23(c)(2)(B)(v). A member of the Settlement Class who submits a valid Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspection.
b. To validly request exclusion be excluded from the Settlement Classmust mail, a member of the Settlement Class must submit a written request to opt out to email, or fax the Settlement Administrator so that it is postmarked on or before the Objection a written and signed Request for Exclusion/Opt-Out Deadline stating that “I wish to exclude myself from Form no later than 60 calendar days after the Settlement Administrator mails the Class in the Plenum Inspection Program Class Action Settlement” (or substantially similar clear and unambiguous language)Notice Packet. That written The request shall must contain the Settlement Class member’s name (printed namelegibly), address, telephone number, email address (and last four digits of the Class Member’s social security number or their tax identification number. If a question is raised about the authenticity of any request for exclusion, the Settlement Administrator will have the right to demand additional proof of the Class Member’s identity, such as a copy of their driver’s license, passport, or permanent residency card. A Class Member who submits a timely request for exclusion will not participate in or be bound by the Settlement and the Judgment and will not receive a Settlement Share, but will retain the right, if any), date of birth, generator serial number, and the address at which the generator is installedhe or she may have to pursue a claim against Defendant. The Class Members who submit a Request for Exclusion must contain that fails to include the actual written signature of aforementioned identifying information will be contacted by the Settlement Administrator so that they may correct their request if they wish to be excluded. Class member seeking to exclude himself or herself from the Settlement Class.
c. Requests for Exclusion cannot be made on a group or class basis, except that joint owners of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner.
d. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email.
e. Any Settlement Class Member Members who does do not submit a valid timely request for exclusion in the manner and timely written Request for Exclusion as provided by the deadline specified in Sections E.1.a. to E.1.d. shall the Class Notice will automatically be bound by all subsequent proceedingsterms and conditions of the Settlement, orders and judgments in this Lawsuit, including, but not limited to, if the Release, Settlement is approved by the Final Approval OrderSuperior Court, and by the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating regardless of whether they have objected to the Released Claims.
f. A member of Settlement. Class Members who exclude themselves from the Settlement Class who opts out can, on or before will lose standing to object to the Objection and Opt-Out Deadline, withdraw their Request for Exclusion by submitting a written request to Settlement. If the Settlement Administrator stating their desire to revoke their Request for Exclusion along with their written signature.
g. Any statement or submission purporting or appearing to be receives both an objection and opt-out shall be treated as a Request for Exclusion.
h. Not later than seven (7) days after an exclusion request from the Objection and Opt-Out Deadlinesame Class Member, the Settlement Administrator shall will exclude the Class Member from the Settlement. The parties will provide to Class Counsel and Counsel for Generac the Court with a complete and accurate list of opt-outs together with copies of the opt-out requests all Class Members who submitted a timely and any other related information. Generac may void the Settlement Agreement if the number of optouts constitutes more than one percent of the Settlement Class. Generac must advise Class Counsel and the Court, in writing, of this election within fourteen (14) days of receiving the list of Requests complete Request for Exclusion from in the Settlement Administrator following the Objection and Opt-Out Deadline. If Generac chooses to void the Settlement in this manner, this Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into this Settlement Agreementfinal approval motion.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. a. Any Settlement Class Members may member who wishes to opt-out of the Settlement must complete and mail a Request for Exclusion (defined below) to the Settlement Administrator within sixty (60) calendar days of the date of the initial mailing of the Notice Packets (the “Response Deadline").
i. The Notice Packet shall state that Settlement Class members who wish to exclude themselves from the Settlement must submit a Request for Exclusion from (i.e., “opt-out” of) by the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v)Response Deadline. A member of the Settlement Class who submits a valid The Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspection.
b. To validly request exclusion from the Settlement Class, a member of the Settlement Class must submit a written request to opt out to the Settlement Administrator so that it is postmarked on or before the Objection and Opt-Out Deadline stating that “I wish to exclude myself from the Settlement Class in the Plenum Inspection Program Class Action Settlement” must: (or substantially similar clear and unambiguous language). That written request shall 1) contain the Settlement Class member’s printed name, address, telephone number, email address (if any), date of birth, generator serial number, number and the address at which last four digits of the generator is installed. The Request for Exclusion must contain the actual written signature Social Security number of the Settlement Class member seeking to exclude himself or herself from the Settlement Class.
c. Requests for Exclusion cannot be made on member; (2) contain a group or class basis, except statement that joint owners of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner.
d. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email.
e. Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion as provided in Sections E.1.a. to E.1.d. shall be bound by all subsequent proceedings, orders and judgments in this Lawsuit, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Released Claims.
f. A member of the Settlement Class who opts out can, on or before member wishes to be excluded from the Objection Settlement; (3) be signed by the Settlement Class member; and Opt-Out Deadline, withdraw their Request for Exclusion (4) be postmarked by submitting a written request the Response Deadline and mailed to the Settlement Administrator stating their desire to revoke their at the address specified in the Class Notice. If the Request for Exclusion along with does not contain the information listed in (1)-(3), it will not be deemed valid for exclusion from the Settlement, except a Request for Exclusion not containing a Class Member’s telephone number and/or last four digits of the Social Security number will be deemed valid. The date of the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class member who requests to be excluded from the Settlement Class will not be entitled to any recovery under this Settlement Agreement and will not be bound by the terms of the Settlement Agreement or have any right to object, appeal or comment thereon, except that the PAGA Settlement and Release provisions will apply to each such individual, and such individual shall be entitled to their written signatureshare of the PAGA Amount.
g. Any statement ii. At no time will the Parties or submission purporting their counsel seek to solicit or appearing otherwise encourage any Settlement Class member to be both an objection and object to the Settlement or opt-out shall be treated as a Request for Exclusion.
h. Not later than seven (7) days after the Objection and Opt-Out Deadline, the Settlement Administrator shall provide to Class Counsel and Counsel for Generac a complete list of opt-outs together with copies of the opt-out requests and any other related information. Generac may void the Settlement Agreement if the number of optouts constitutes more than one percent of the Settlement Class. Generac must advise , or encourage any Settlement Class Counsel and the Court, in writing, of this election within fourteen (14) days of receiving the list of Requests for Exclusion member to appeal from the Settlement Administrator following the Objection and Opt-Out Deadline. If Generac chooses to void the Settlement in this manner, this Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into this Settlement Agreementfinal judgment.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. a. Any Settlement Class Member other than Plaintiff who wishes to opt-out of the Settlement must complete and mail a Request for Exclusion (defined below) to the Settlement Administrator within sixty (60) calendar days of the date of the initial mailing of the Notice Packets (the “Response Deadline"). By signing this Settlement Agreement, Plaintiff agrees to be bound by its terms, and further agrees not to request exclusion or object to any terms of the Settlement. The Notice Packet shall state that Settlement Class Members may who wish to exclude themselves from the Settlement must submit a Request for Exclusion from (i.e., “opt-out” of) by the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v)Response Deadline. A member of the Settlement Class who submits a valid The Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspection.
b. To validly request exclusion from the Settlement Class, a member of the Settlement Class must submit a written request to opt out to the Settlement Administrator so that it is postmarked on or before the Objection and Opt-Out Deadline stating that “I wish to exclude myself from the Settlement Class in the Plenum Inspection Program Class Action Settlement” must: (or substantially similar clear and unambiguous language). That written request shall 1) contain the Settlement Class member’s printed name, address, telephone number, email address (if any), date of birth, generator serial number, number and the address at which last four digits of the generator is installed. The Request for Exclusion must contain the actual written signature Social Security number of the Settlement Class member seeking to exclude himself or herself from the Settlement Class.
c. Requests for Exclusion cannot be made on member; (2) contain a group or class basis, except statement that joint owners of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner.
d. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email.
e. Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion as provided in Sections E.1.a. to E.1.d. shall be bound by all subsequent proceedings, orders and judgments in this Lawsuit, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Released Claims.
f. A member of the Settlement Class who opts out can, on or before member wishes to be excluded from the Objection Settlement; (3) be signed by the Settlement Class member; and Opt-Out Deadline, withdraw their Request for Exclusion (4) be postmarked by submitting a written request the Response Deadline and mailed to the Settlement Administrator stating their desire to revoke their at the address specified in the Class Notice. If the Request for Exclusion along with their written signature.
g. Any statement or submission purporting or appearing to does not contain the information listed in (1)-(3), it will not be both an objection and opt-out shall be treated as deemed valid for exclusion from the Settlement, except a Request for Exclusion.
h. Not later than seven (7) days after Exclusion not containing a Class Member’s telephone number and/or last four digits of the Objection Social Security number will be deemed valid. The date of the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class member who requests to be excluded from the Settlement Class will not be entitled to any recovery under this Settlement Agreement and Opt-Out Deadlinewill not be bound by the terms of the Settlement or have any right to object, the appeal or comment thereon. The Settlement Administrator shall provide to Class Counsel and Counsel for Generac a complete list of opt-outs together Defendants’ counsel with copies of the opt-out requests and weekly reports as to any other related information. Generac may void the Settlement Agreement if the number of optouts constitutes more than one percent of the Settlement Class. Generac must advise Class Counsel and the Court, in writing, of this election within fourteen (14) days of receiving the list of Requests for Exclusion from the Settlement Administrator following the Objection and Opt-Out Deadline. If Generac chooses to void the Settlement in this manner, this Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into this Settlement AgreementExclusion.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. a. The Notice shall advise all Settlement Class Members may of their right to exclude themselves from the Settlement. This Settlement Agreement will not bind Settlement Class Members who opt-out of the Settlement.
5.2.1 How to Opt-Out. To request to be excluded from the Settlement, Settlement Class Members must timely submit a Request for Exclusion from (i.e., “optcompleted Opt-out” of) Out Form. This Opt-Out Form may be completed electronically on the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v). A member of the Settlement Class who submits a valid Request for Exclusion cannot object Website or sent by postal mail to the Settlement and is not eligible to receive any Settlement Payment or InspectionAdministrator.
b. 5.2.2 Deadline to Opt-Out. To validly request exclusion be excluded from the Settlement ClassSettlement, a member of the Settlement Class Opt-Out Form must submit a written request to opt out to be completed by the Settlement Administrator so that it Objection and Exclusion Deadline, which is postmarked 60 days after the Notice Date.
(i) If submitted electronically, the Opt-Out Form must be submitted no later than 11:59 p.m. PST on or before the Objection and Exclusion Deadline.
(ii) If submitted by postal mail, the Opt-Out Deadline stating that “I wish to exclude myself from Form must be postmarked, no later than the Objection and Exclusion Deadline. The Settlement Class in Member must pay for Postage.
5.2.3 Effect of Opt-Out. Any person or entity who falls within the Plenum Inspection Program Class Action Settlement” (or substantially similar clear and unambiguous language). That written request shall contain the Settlement Class member’s printed name, address, telephone number, email address (if any), date of birth, generator serial number, and the address at which the generator is installed. The Request for Exclusion must contain the actual written signature definition of the Settlement Class member seeking to exclude himself or herself and who validly and timely requests exclusion from the Settlement Class.
c. Requests for Exclusion canshall not be made on a group or class basis, except that joint owners of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner.
d. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email.
e. Any Settlement Class Member who does Member; shall not submit a valid and timely written Request for Exclusion as provided in Sections E.1.a. to E.1.d. shall be bound by all subsequent proceedings, orders and judgments in this Lawsuit, including, but the Settlement Agreement; shall not limited to, be eligible to make a Claim for any benefit under the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Released Claims.
f. A member terms of the Settlement Class who opts out can, on or before the Agreement; and shall not be entitled to submit an Objection and Opt-Out Deadline, withdraw their Request for Exclusion by submitting a written request to the Settlement Administrator stating their desire to revoke their Request for Exclusion along with their written signatureSettlement.
g. Any statement or submission purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion.
h. Not later than seven (7) days after the Objection and Opt-Out Deadline, the Settlement Administrator shall provide to Class Counsel and Counsel for Generac a complete list of opt-outs together with copies of the opt-out requests and any other related information. Generac may void the Settlement Agreement if the number of optouts constitutes more than one percent of the Settlement Class. Generac must advise Class Counsel and the Court, in writing, of this election within fourteen (14) days of receiving the list of Requests for Exclusion from the Settlement Administrator following the Objection and Opt-Out Deadline. If Generac chooses to void the Settlement in this manner, this Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into this Settlement Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Requests for Exclusion. a. Except with respect to the settlement of the PAGA claim, any Settlement Class Members may member who wishes to opt-out of the settlement must complete and mail a Request for Exclusion (defined below) to the Settlement Administrator within forty-five (45) calendar days of the date of the initial mailing .
i. The Notice Packet shall state that a Settlement Class member who wishes to exclude themselves from the Settlement must prepare and submit a Request for Exclusion from (i.e., “opt-out” of) by the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v). A member of the Settlement Class who submits a valid Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspection.
b. To validly request exclusion from the Settlement Class, a member of the Settlement Class must submit a written request to opt out to the Settlement Administrator so that it is postmarked on or before the Objection and Opt-Out Deadline stating that “I wish to exclude myself from the Settlement Class in the Plenum Inspection Program Class Action Settlement” (or substantially similar clear and unambiguous language). That written request shall contain the Settlement Class member’s printed name, address, telephone number, email address (if any), date of birth, generator serial number, and the address at which the generator is installedResponse Deadline. The Request for Exclusion must must: (1) contain the actual written signature name and address of the Settlement Class member; (2) contain a statement that the Settlement Class member seeking wishes to exclude himself or herself be excluded from the Settlement; (3) be signed by the Settlement Class member; and (4) be postmarked by the Response Deadline and mailed to the Settlement Administrator at the address specified in the Class Notice. If the Request for Exclusion does not contain the information listed in (1)-(3), it will not be deemed valid for exclusion from the Settlement. The date of the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class member who requests to be excluded from the Settlement Class.
c. Requests for Exclusion canClass will not be made on a group or class basis, except that joint owners of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner.
d. The entitled to any recovery under this Settlement Administrator Agreement and will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email.
e. Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion as provided in Sections E.1.a. to E.1.d. shall be bound by all subsequent proceedingsthe terms of the Settlement or have any right to object, orders and judgments in this Lawsuit, including, but not limited to, appeal or comment thereon.
ii. At no time will the Release, the Final Approval Order, and the Final Judgment, even if such Parties or their counsel seek to solicit or otherwise encourage any Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating member to object to the Released Claims.
f. A member Settlement or opt out of the Settlement Class who opts out can, on or before the Objection and Opt-Out Deadline, withdraw their Request for Exclusion by submitting a written request encourage any Settlement Class member to the Settlement Administrator stating their desire to revoke their Request for Exclusion along with their written signature.
g. Any statement or submission purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion.
h. Not later than seven (7) days after the Objection and Opt-Out Deadline, the Settlement Administrator shall provide to Class Counsel and Counsel for Generac a complete list of opt-outs together with copies of the opt-out requests and any other related information. Generac may void the Settlement Agreement if the number of optouts constitutes more than one percent of the Settlement Class. Generac must advise Class Counsel and the Court, in writing, of this election within fourteen (14) days of receiving the list of Requests for Exclusion appeal from the Settlement Administrator following the Objection and Opt-Out Deadline. If Generac chooses to void the Settlement in this manner, this Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into this Settlement Agreementfinal judgment.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. a. Any Settlement Class Members may submit a Request for Exclusion from (i.e., “member who wishes to opt-out” of) the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v). A member out of the Settlement Class who submits a valid Request for settlement must complete and mail an Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspection.
b. To validly request exclusion from the Settlement Class, a member of the Settlement Class must submit a written request to opt out Letter (defined below) to the Settlement Administrator so that it is postmarked on or before sixty (60) calendar days after the Objection and Opt-Out Deadline stating that “I wish to exclude myself from date of the Settlement Class in the Plenum Inspection Program Class Action Settlement” initial mailing . The Exclusion
(or substantially similar clear and unambiguous language). That written request shall 1) contain the Settlement Class member’s printed name, address, telephone number, email address and last four digits of his/her Social Security number; (if any), date of birth, generator serial number, and the address at which the generator is installed. The Request for Exclusion must 2) contain the actual written signature of a statement that the Settlement Class member seeking wishes to exclude be excluded from the Settlement; (3) be signed by the Settlement Class member; and (4) be postmarked by the Response Deadline and mailed to the Settlement Administrator at the address specified in the Class Notice. If the Exclusion Letter does not contain the information listed in (1)-(3), it will not be deemed valid for exclusion from this settlement, except an Exclusion Letter not containing a Settlement Class last four digits of the Social Security number will be deemed valid. The date of the postmark on the Exclusion Letter shall be the exclusive means used to determine whether an Exclusion Letter has been timely submitted. Any Settlement Class member who excludes himself or herself from the Settlement Class.
c. Requests for Exclusion canClass will not be made on a group or class basisentitled to any recovery under this Settlement Agreement (except for any share from the PAGA Amount, except that joint owners if applicable), will not be bound by the terms of the same residence Settlement Agreement (except for release of the PAGA Released Claims, if applicable), and will not have any right to object, appeal, or structure may opt out by using the same form so long as it is individually signed by each joint owner.
d. comment thereon. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a with weekly basis by email.
e. Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion as provided in Sections E.1.a. to E.1.d. shall be bound by all subsequent proceedings, orders and judgments in this Lawsuit, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Released Claims.
f. A member of the Settlement Class who opts out can, on or before the Objection and Opt-Out Deadline, withdraw their Request for Exclusion by submitting a written request to the Settlement Administrator stating their desire to revoke their Request for Exclusion along with their written signature.
g. Any statement or submission purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion.
h. Not later than seven (7) days after the Objection and Opt-Out Deadline, the Settlement Administrator shall provide to Class Counsel and Counsel for Generac a complete list of opt-outs together with copies of the opt-out requests and any other related information. Generac may void the Settlement Agreement if updates regarding the number of optouts constitutes more than one percent Exclusion Letters received. The Parties and their counsel agree not to take any action to encourage any Settlement Class member to opt out of the Settlement Class. Generac must advise Class Counsel and the Court, in writing, of this election within fourteen (14) days of receiving the list of Requests for Exclusion from the Settlement Administrator following the Objection and Opt-Out Deadline. If Generac chooses to void the Settlement in this manner, this Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into this Settlement Agreementsettlement.
Appears in 1 contract
Samples: Settlement Agreement