Requests for Exclusion (Opt-Outs). 6.5.1. Class Members who wish to exclude themselves (opt-out of) the Class Settlement must send the Administrator, by fax, email, or mail, a signed written Request for Exclusion not later than 45 days after the Administrator mails the Class Notice (plus an additional 14 days for Class Members whose Class Notice is re-mailed). A Request for Exclusion is a letter from a Class Member or his/her representative that reasonably communicates the Class Member’s election to be excluded from the Settlement and includes the Class Member’s name, address and email address or telephone number. To be valid, a Request for Exclusion must be timely faxed, emailed, or postmarked by the Response Deadline.
6.5.2. The Administrator may not reject a Request for Exclusion as invalid because it fails to contain all the information specified in the Class Notice. The Administrator shall accept any Request for Exclusion as valid if the Administrator can reasonably ascertain the identity of the person as a Class Member and the Class Member’s desire to be excluded. The Administrator’s determination shall be final and not appealable or otherwise susceptible to challenge. If the Administrator has reason to question the authenticity of a Request for Exclusion, the Administrator may demand additional proof of the Class Member’s identity. The Administrator’s determination of authenticity shall be final and not appealable or otherwise susceptible to challenge.
6.5.3. Every Class Member who does not submit a timely and valid Request for Exclusion is deemed to be a Participating Class Member under this Agreement, entitled to all benefits and bound by all terms and conditions of the Settlement, including the Participating Class Members’ Releases paragraph of this Agreement, regardless of whether the Participating Class Member actually receives the Class Notice or objects to the Settlement.
6.5.4. Every Class Member who submits a valid and timely Request for Exclusion is a Non-Participating Class Member and shall not receive an Individual Class Payment, nor shall they have the right to object to the class action components of the Settlement.
Requests for Exclusion (Opt-Outs). The Administrator will promptly review on a rolling basis Requests for Exclusion to ascertain their validity.
Requests for Exclusion (Opt-Outs). Any Class Member who wishes to be excluded from or opt out of the Settlement must send a written, signed Request for Exclusion to the Settlement Administrator no later than 45 calendar days following the Notice Date (or other date required by the Court) (the “Opt-Out Deadline”). The Request for Exclusion must set forth the following:
i. the name of this Action (“Xxxxx x. DCI”);
ii. the full name, address, and telephone number of the person requesting to be excluded;
iii. the words “Request for Exclusion” at the top of the document; and
iv. a declaration stating “I request that I be excluded from the Settlement in Xxxxx v. DCI, San Bernardino Superior Court Case No. CIVSB2313668. I understand that by requesting to be excluded from the Class, I will not receive any benefits under the Settlement.” The Request for Exclusion must be personally signed by the Class Member who seeks to opt out; no Class Member may opt out by having a request to opt out submitted by an actual or purported agent or attorney acting on behalf of the Class Member. No opt out request may be made on behalf of a group of Class Members. Each Class Member who does not submit a Request for Exclusion substantially in compliance with this Section within the deadline set by the Court shall be deemed to participate in the Settlement and all releases provided in this Agreement. For purposes of determining timeliness, Requests for Exclusion shall be deemed to have been submitted on the date postmarked by the postal service or other expedited delivery service. After conferring with Defense Counsel regarding the exclusions mailed pursuant to this Section, Class Counsel shall file a list of Class Members who have timely and validly excluded themselves as part of or a supplement to Plaintiffs’ Motion for Final Approval of the Settlement as set forth in Section 3.9.
Requests for Exclusion (Opt-Outs). Any Settlement Class Member who does not wish to participate in this Settlement must submit a Request for Exclusion to the Settlement Administrator by the Objection/Exclusion Deadline, stating a clear intention to be “excluded” from or “opt out” of the Settlement. The Request for Exclusion must contain the Settlement Class Member’s name, current address, and telephone number. The Request for Exclusion must be signed by the Settlement Class Member, dated and sent to the Settlement Administrator via the Settlement Website or by hard copy sent via U.S. Mail.
Requests for Exclusion (Opt-Outs). 9.5.1 Class Members who wish to exclude themselves (opt-out of) the Class Settlement must send the Administrator, by fax, email, or mail, a signed written Request for Exclusion not later than 45 days after the Administrator mails the Class Notice (plus an additional 14 days for Class Members whose Class Notice is re-mailed). A Request for Exclusion is a letter from a Class Member or his/her representative setting forth the telephone number, and a simple statement electing to be excluded from the Settlement. To be valid, a Request for Exclusion must be timely faxed, emailed, or postmarked by the Response Deadline.
9.5.2 The Administrator may not reject a Request for Exclusion as invalid because it fails to contain all the information specified in the Class Notice. The Administrator shall accept any Request for Exclusion as valid if the Administrator can reasonably ascertain the identity of the person as a Class Member and the desire to be excluded. be final and not appealable or otherwise susceptible to challenge. If the Administrator has reason to question the authenticity of a Request for Exclusion, the Administrator may demand additional proo appealable or otherwise susceptible to challenge.
9.5.3 Every Class Member who does not submit a timely and valid Request for Exclusion is automatically a Participating Class Member under this Agreement, entitled to all benefits and bound by all terms and conditions of the Settlement, s under Paragraphs 7.2 and
Requests for Exclusion (Opt-Outs). 4.1 The Settlement Class will have the opportunity to opt out by timely submitting a Request for Exclusion. The Settlement Notices to the Settlement Class Members and available on the settlement website shall contain information about how the Settlement Class Members may submit Requests for Exclusion and the potential implications of doing so.
Requests for Exclusion (Opt-Outs). 7.5.1. Class Members who wish to exclude themselves (opt-out of) the Class portion of the Settlement must send the Administrator, by fax, email, or mail, a signed written Request for Exclusion not later than sixty (60) days after the Administrator mails the Class Notice (plus an additional fourteen
Requests for Exclusion (Opt-Outs). 16 7.4.1. Each Class Member shall have forty-five (45) calendar days from the 17 mailing of the Notice within which to complete and postmark a written 18 request for exclusion, for return to the Settlement Administrator. The 19 request need not be in any particular form and will be considered a valid 20 request for exclusion so long as it communicates a clear desire by the 21 Settlement Class Member not to be included in the Settlement and/or 22 Settlement Class, and identifies his/her/their full name and date of birth, 23 and current address along with his/her/their signature. No requests for 24 exclusion shall be accepted if postmarked after the forty-five (45) 25 calendar day period for the filing of exclusions. Class Members are 26 responsible to maintain a photocopy of their request for exclusion, 27 reflecting that it was submitted in a timely manner. Any disputes 28 regarding the timeliness of a request for exclusion or whether a written 1 communication constitutes a valid request that cannot be resolved 2 between the Parties shall be determined by the Court or Arbitrator, 3 whose determination shall be final. A Class Member, who is also an 4 Aggrieved Employee, cannot opt-out of the PAGA component of the
Requests for Exclusion (Opt-Outs). 20 8.5.1. Class Members who wish to exclude themselves (opt-out of) the Class
Requests for Exclusion (Opt-Outs). 6.4.1. Class Members who wish to exclude themselves (opt-out of) the Class Settlement must send the Administrator, by fax, email, or mail, a signed written Request for Exclusion, substantially in the form attached hereto as Exhibit B, not later than 60 days after the Administrator mails the Class Notice (plus an additional 14 days for Class Members whose Class Notice is re-mailed). To be valid, a Request for Exclusion must be timely faxed, emailed, or postmarked by the Response Deadline.
6.4.2. Every Class Member who does not submit a timely and valid Request for Exclusion is deemed to be a Participating Class Member under this Agreement, entitled to all benefits and bound by all terms and conditions of the Settlement, including the Participating Class Members’ Releases under Paragraph 5.2 of this Agreement, regardless of whether the Participating Class Member actually receives the Class Notice or objects to the Settlement.
6.4.3. Every Class Member who submits a valid and timely Request for Exclusion is a Non-Participating Class Member and shall not receive an Individual Class Payment or have the right to object to the class action components of the Settlement.
