Right to Object. Any Settlement Class Member who intends to object to this Settlement Agreement must present the objection in writing, which must be personally signed by the objector, and must include: (a) the person’s full name and current address; (b) a statement that he or she believes himself or herself to be a member of the California Settlement Class, the Illinois Settlement Class, the Indiana Settlement Class, or the Nevada Settlement Class; (c) whether the objection applies only to the objector, to a specific subset of the objector’s respective class, or to the entirety of the objector’s class; (d) the specific grounds for the objection; (e) all documents or writings that the person desires the Court to consider; (f) the name and contact information of any and all attorneys representing, advising, or in any way assisting the objector in connection with the preparation or submission of the objection or who may profit from the pursuit of the objection; and (g) a statement indicating whether the objector intends to appear at the Final Approval Hearing (either personally or through counsel, who must file an appearance or seek pro hac vice admission). All written objections must be filed with the Court or postmarked, emailed, or delivered to the Settlement Administrator, Class Counsel and Defendant’s Counsel no later than the Objection/Exclusion Deadline. Any Settlement Class Member who fails to timely file a written objection with the Court and notice of his or her intent to appear at the Final Approval Hearing in accordance with the terms of this Section as detailed in the Notice, and at the same time provide copies to designated counsel for the Parties, shall not be permitted to object to this Settlement Agreement at the Final Approval Hearing, shall be foreclosed from seeking any review of this Settlement Agreement or the Final Approval Order by appeal or other means, and shall be deemed to have waived his or her objections and be forever barred from making any such objections in the Action or in any other action or proceeding.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Right to Object. Any Settlement Class Member who intends objects to object the settlement may appear individually or through counsel, at his or her own expense, at the Final Approval Hearing to this present any relevant evidence or argument. No Settlement Agreement must present Class Member will be heard and no papers submitted by any Settlement Class Member will be considered unless, no later than sixty (60) days from the objection in writingdate the Notice is issued, which must be personally signed or any other date set by the objectorCourt, the Settlement Class Member files with the Court and must mails to Settlement Class Counsel and LifeWorks’ Counsel written objections that include: (a) the person’s full name and current addresstitle of the case; (b) a statement that he or she believes himself or herself to be a member of the California Settlement Classobjector’s name, the Illinois Settlement Classaddress, the Indiana Settlement Class, or the Nevada Settlement Classand telephone number; (c) whether the objection applies only to the objector, to a specific subset of the objector’s respective class, or to the entirety of the objector’s classall legal and factual bases for any objection; and (d) the specific grounds for the objection; (e) all copies of any documents or writings that the person desires objector wants the Court to consider; (f) . An objector is not required to attend the name and contact information of any and all attorneys representing, advising, or in any way assisting Final Approval Hearing. Should the objector in connection wish to appear, either with or without counsel, at the Final Approval Hearing, he or she must so state, must file with the preparation Court, must mail or submission hand-deliver to Settlement Counsel and LifeWorks’ Counsel a notice of appearance no later than sixty (60) days after the objection Notice Deadline, and must identify any documents or who may profit from witnesses the pursuit of Settlement Class Member intends to call on his or her behalf. If the objection; and (g) a statement indicating whether the objector objecting Settlement Class Member intends to appear at the Final Approval Hearing (either personally or through counsel, who must file an the notice of appearance or seek pro hac vice admission). All written objections must be filed with the Court or postmarkedmust also identify the attorney(s) representing the objector who will appear at the Final Approval Hearing and include each such attorney’s name, emailedaddress, or delivered phone number, email address, state bar(s) to which counsel is admitted, as well as associated state bar numbers, and a list identifying all objections such counsel has filed to class action settlements in the Settlement Administratorpast three (3) years, Class Counsel the results of each objection, any court opinions ruling on the objections, and Defendant’s Counsel no later than the Objection/Exclusion Deadlineany sanctions issued by a court in connection with objections filed by such attorney. Any Settlement Class Member who fails to timely file a written objection with the Court and notice of his or her intent to appear at the Final Approval Hearing object in accordance with the terms of this Section as detailed in the Notice, and at the same time provide copies to designated counsel for the Parties, shall not be permitted to object to this Settlement Agreement at the Final Approval Hearing, shall be foreclosed from seeking any review of this Settlement Agreement or the Final Approval Order by appeal or other means, and shall manner will be deemed to have waived his and forfeited any and all rights he or her objections she may have to appear separately and/or to object to the Settlement Agreement, and the Settlement Class Member shall be forever barred from making any such objections bound by all the terms of the Settlement Agreement and by all proceedings, orders, and judgments in the Action Lawsuit. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions set forth in this Paragraph. Without limiting the foregoing, any challenge to the Settlement Agreement, the Final Judgment and Order approving this Settlement Agreement, or in any other action or proceedingthe judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.
Appears in 1 contract
Samples: Settlement Agreement
Right to Object. Any Settlement Class Member who intends objects to object the Agreement, the Motion for Fees, or Motion for Incentive Award may appear in person or through counsel, at his or her own expense, at the final approval hearing to this Settlement Agreement must present the objection in writingany evidence or argument that may be proper and relevant. The Preliminary Approval Order shall provide that no Class Member shall be heard and no papers, which must briefs, pleadings, or other documents submitted by any Class Member shall be personally signed received and considered by the objectorCourt, unless no later than 28 days before the final approval hearing, or such other date set by the Court, the Class Member files with the Clerk of Court and must include: mails to Settlement Class Counsel and American Family’s counsel (as specified in the Class Notice), written objections that include (a) the person’s full name and current address; a notice of intention to appear, (b) a statement that he or she believes himself or herself to be a member of membership in the California Settlement Class, the Illinois Settlement Class, the Indiana Settlement Class, or the Nevada Settlement Class; and (c) whether the objection applies only to the objector, to a specific subset of the objector’s respective class, or to the entirety of the objector’s class; (d) the specific grounds for the objection; (e) objections and all documents legal and factual reasons why the Class Member believes the settlement should not be approved and desires to appear and be heard, as well as all documents, exhibits or writings evidence that the person Class Member desires the Court to consider; (f) the name and contact information of any and all attorneys representing, advising, or in any way assisting the objector in connection with the preparation or submission of the objection or who may profit from the pursuit of the objection; and (g) a statement indicating whether the objector intends to appear at the Final Approval Hearing (either personally or through counsel, who must file an appearance or seek pro hac vice admission). All written objections must be filed with the Court or postmarked, emailed, or delivered to the Settlement Administrator, Class Counsel and Defendant’s Counsel no later than the Objection/Exclusion Deadline. Any Settlement Class Member who fails to timely file a written objection with the Court and notice of his or her intent to appear at the Final Approval Hearing in accordance with the terms of this Section as detailed object in the Notice, and at the same time provide copies to designated counsel for the Parties, shall not be permitted to object to this Settlement Agreement at the Final Approval Hearing, shall be foreclosed from seeking any review of this Settlement Agreement or the Final Approval Order by appeal or other means, and manner prescribed herein shall be deemed to have waived his his, her, or her its objections and shall be forever barred from making any such objections in the Action Lawsuit or in any other action proceeding or proceedingfrom challenging or opposing, or seeking to reverse, vacate or modify any approval of the Agreement, the Motion for Fees, or the Motion for Incentive Award. In the event that any Class Member objects to the settlement in the manner prescribed herein, Plaintiff and American Family shall be afforded full opportunity to respond to such objection. Plaintiff and American Family will file and serve upon opposing counsel all papers responding to any objections, and any other necessary filings, fourteen (14) days before the final approval hearing. Any Class Member who objects to the Settlement cannot request exclusion from the Settlement and maintains any and all rights and obligations under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Right to Object. Any Final Settlement Class Member who intends to member, other than the Named Plaintiff, may object to this Settlement Agreement must present settlement, provided that such objection is made in writing and mailed to the Court and served on both Class Counsel and Defendant’s Counsel no later than before the conclusion of the Exclusion Period. Such objection in writingshall include the name, which must be personally signed by address and telephone number of the objector, and must include: (a) the person’s full name and current address; (b) dates of employment, a statement that he or she believes himself or herself to be a member of the California Settlement Class, the Illinois Settlement Class, the Indiana Settlement Class, or the Nevada Settlement Class; (c) whether the objection applies only to the objector, to a specific subset of the objector’s respective class, or to the entirety of the objector’s class; (d) the specific all grounds for the objection; objection accompanied by legal support for the objection (e) all documents or writings that the person desires the Court to consider; (f) the name and contact information if any), copies of any and all attorneys representingpapers, advisingbriefs, or other documents upon which the objection is based, a list of all persons who will be called to testify in any way assisting the objector in connection with the preparation or submission support of the objection or who may profit from the pursuit of the objection; and (g) if any), a statement indicating of whether the objector intends to appear at the Final Approval Hearing, and, if the objector is represented by counsel, the name, address and signature of the objector’s counsel. Any Final Settlement Class member who has filed and served written objections to the proposed Settlement shall enter an appearance at the Final Approval Hearing (either personally or through counsel, who must file an appearance or seek pro hac vice admission). All written objections must be filed with the and obtain leave of Court or postmarked, emailed, or delivered excusing such appearance prior to the Settlement Administrator, Class Counsel and Defendant’s Counsel no later than the Objection/Exclusion Deadline. Any Settlement Class Member who fails to timely file a written objection with the Court and notice of his or her intent to appear at the Final Approval Hearing in accordance with the terms of this Section as detailed in the Notice, and at the same time provide copies to designated counsel for the Parties, shall not be permitted to object to this Settlement Agreement at the Final Approval Hearing, . The date of the postmark on the mailing envelope or a legal proof of service accompanied and a file-stamped copy of the submission shall be foreclosed from seeking any review the exclusive means used to determine whether an objection and/or notice of intention to appear has been timely filed and served. In the event that the postmark is illegible, the objection and/or notice to appear shall be deemed untimely unless it is received by the counsel for the Parties within two (2) calendar days of the conclusion of the Exclusion Period. No Final Settlement Class member may be heard at the final settlement hearing who has not complied with the requirements in this Settlement Agreement or the Final Approval Order by appeal or other meanssection VI.D., and shall any Final Settlement Class member who fails to comply with these requirements will be deemed to have waived his or her objections any right to object to the Settlement and will be forever barred foreclosed from making any such objections in objection to the Action or in any other action or proceedingSettlement, and shall have no right and/or standing to file an appeal relating to the approval of this Settlement.
Appears in 1 contract
Samples: Settlement Agreement