Common use of Right to Object Clause in Contracts

Right to Object. Any Person who has not requested exclusion from the Settlement Class and who objects to the settlement may appear in person or through counsel, at that Person’s own expense, at the Fairness Hearing to present any evidence or argument that the Court deems proper and relevant. However, no such Person shall be heard, and no papers, briefs, pleadings, or other Documents submitted by any such Person shall be received and considered by the Court, unless such Person properly submits a written objection that includes: (a) a notice of intention to appear; (b) proof of membership in the Settlement Class; and (c) the specific grounds for the objection and any reasons why such Person desires to appear and be heard, as well as all Documents or writings that such Person desires the Court to consider. Such a written objection must be both filed with the Court no later than thirty (30) days prior to the date set for the Fairness Hearing and mailed to Settlement Class Counsel and Settling Defendants’ Counsel at the addresses provided in the Class Notice and postmarked (or mailed by overnight delivery) no later than thirty (30) days prior to the date of the Fairness Hearing. Any Person who fails to object in the manner prescribed herein shall be deemed to have waived its objections and will forever be barred from making any such objections in the Actions or in any other action or proceeding, unless otherwise excused for good cause shown as determined by the Court.

Appears in 5 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

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Right to Object. Any Person who has not requested exclusion from the Settlement Class and who objects to the settlement may appear in person or through counsel, at that Person’s own expense, at the Fairness Hearing to present any evidence or argument that the Court deems proper and relevant. However, no such Person shall be heard, and no papers, briefs, pleadings, or other Documents submitted by any such Person shall be received and considered by the Court, unless such Person properly submits a written objection that includes: (a) a notice of intention to appear; (b) proof of membership in the Settlement Class; and (c) the specific grounds for the objection and any reasons why such Person desires to appear and be heard, as well as all Documents or writings that such Person desires the Court to consider. Such a written objection must be both filed with the Court no later than thirty (30) days prior to the date set for the Fairness Hearing and mailed to Settlement Class Counsel and Settling Defendants’ Counsel at the addresses provided in the Class Notice and postmarked (or mailed by overnight delivery) no later than thirty (30) days prior to the date of the Fairness Hearing. Any Person who that fails to object in the manner prescribed herein shall be deemed to have waived its objections and will forever be barred from making any such objections in the Actions or in any other action or proceeding, unless otherwise excused for good cause shown as determined by the Court.

Appears in 4 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

Right to Object. Any Person who has not requested exclusion from the Settlement Class and who objects to the settlement may appear in person or through counsel, at that Person’s own expense, at the Fairness Hearing to present any evidence or argument that the Court deems proper and relevant. However, no such Person shall be heard, and no papers, briefs, pleadings, or other Documents submitted by any such Person shall be received and considered by the Court, unless such Person properly submits a written objection that includes: (a) a notice of intention to appear; (b) proof of membership in the Settlement Class; and (c) the specific grounds for the objection and any reasons why such Person desires to appear and be heard, as well as all Documents or writings that such Person desires the Court to consider. Such a written objection must be both filed with the Court no later than thirty (30) calendar days prior to the date set for the Fairness Hearing and mailed to Settlement Class Counsel and Settling Defendants’ Counsel at the addresses provided in the Class Notice and postmarked (or mailed by overnight delivery) no later than thirty (30) calendar days prior to the date of the Fairness Hearing. Any Person who fails to object in the manner prescribed herein shall be deemed to have waived its objections and will forever be barred from making any such objections in the Actions or in any other action or proceeding, unless otherwise excused for good cause shown as determined by the Court.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Right to Object. Any Person who has not requested exclusion from the Settlement Class and Member who objects to the settlement Agreement, the Motion for Fees, or Motion for Incentive Award may appear in person or through counsel, at that Person’s his or her own expense, at the Fairness Hearing final approval hearing to present any evidence or argument that the Court deems may be proper and relevant. However, The Preliminary Approval Order shall provide that no such Person Class Member shall be heard, heard and no papers, briefs, pleadings, or other Documents documents submitted by any such Person Class Member shall be received and considered by the Court, unless no later than 28 days before the final approval hearing, or such Person properly submits a other date set by the Court, the Class Member files with the Clerk of Court and mails to Settlement Class Counsel and American Family’s counsel (as specified in the Class Notice), written objection objections that includes: include (a) a notice of intention to appear; , (b) proof a statement of membership in the Settlement Class; , and (c) the specific grounds for the objection objections and any all legal and factual reasons why such Person the Class Member believes the settlement should not be approved and desires to appear and be heard, as well as all Documents documents, exhibits or writings evidence that such Person the Class Member desires the Court to consider. Such a written objection must be both filed with the Court no later than thirty (30) days prior to the date set for the Fairness Hearing and mailed to Settlement Any Class Counsel and Settling Defendants’ Counsel at the addresses provided in the Class Notice and postmarked (or mailed by overnight delivery) no later than thirty (30) days prior to the date of the Fairness Hearing. Any Person Member who fails to object in the manner prescribed herein shall be deemed to have waived his, her, or its objections and will shall be forever be barred from making any such objections in the Actions Lawsuit or in any other action proceeding or proceedingfrom challenging or opposing, unless otherwise excused or seeking to reverse, vacate or modify any approval of the Agreement, the Motion for good cause shown as determined by Fees, or the CourtMotion 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 Member Information

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Right to Object. Any Person who has not requested exclusion from the Settlement Class and who objects to the settlement may appear in person or through counsel, at that Person’s 's own expense, at the Fairness Hearing to present any evidence or argument that the Court deems proper and relevant. However, no such Person shall be heard, and no papers, briefs, pleadings, or other Documents submitted by any such Person shall be received and considered by the Court, unless such Person properly submits a written objection that includes: (a) a notice of intention to appear; (b) proof of membership in the Settlement Class; and (c) the specific grounds for the objection and any reasons why such Person desires to appear and be heard, as well as all Documents or writings that such Person desires the Court to consider. Such a written objection must be both filed with the Court no later than thirty (30) days prior to the date set for the Fairness Hearing and mailed to Settlement Class Counsel and Settling Defendants’ Defendant’s Counsel at the addresses provided in the Class Notice and postmarked (or mailed by overnight delivery) no later than thirty (30) days prior to the date of the Fairness Hearing. Any Person who that fails to object in the manner prescribed herein shall be deemed to have waived its objections and will forever be barred from making any such objections in the Actions Action or in any other action or proceeding, unless otherwise excused for good cause shown as determined by the Court.

Appears in 1 contract

Samples: Settlement Agreement

Right to Object. Any Person Final Settlement Class member, other than the Named Plaintiff, may object to this 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 shall include the name, address and telephone number of the objector, dates of employment, a statement of all grounds for the objection accompanied by legal support for the objection (if any), copies of any papers, briefs, or other documents upon which the objection is based, a list of all persons who will be called to testify in support of the objection (if any), a statement 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 not requested exclusion from the Settlement Class filed and who objects served written objections to the settlement may appear in person proposed Settlement shall enter an appearance at the Final Approval Hearing either personally or through counsel, at that Person’s own expense, at or seek and obtain leave of Court excusing such appearance prior to the Fairness Hearing to present any evidence Final Approval Hearing. The date of the postmark on the mailing envelope or argument that a legal proof of service accompanied and a file-stamped copy of the Court deems proper and relevant. However, no such Person submission shall be heard, and no papers, briefs, pleadings, or other Documents submitted by any such Person shall be received and considered by the Court, unless such Person properly submits a written exclusive means used to determine whether an objection that includes: (a) a and/or notice of intention to appear; (b) proof of membership in appear has been timely filed and served. In the Settlement Class; and (c) event that the specific grounds postmark is illegible, the objection and/or notice to appear shall be deemed untimely unless it is received by the counsel for the objection 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 section VI.D., and any reasons why such Person desires to appear and be heard, as well as all Documents or writings that such Person desires the Court to consider. Such a written objection must be both filed with the Court no later than thirty (30) days prior to the date set for the Fairness Hearing and mailed to Final Settlement Class Counsel and Settling Defendants’ Counsel at the addresses provided in the Class Notice and postmarked (or mailed by overnight delivery) no later than thirty (30) days prior to the date of the Fairness Hearing. Any Person member who fails to object in the manner prescribed herein shall comply with these requirements will be deemed to have waived its objections any right to object to the Settlement and will forever be barred foreclosed from making any such objections in objection to the Actions or in any other action or proceedingSettlement, unless otherwise excused for good cause shown as determined by and shall have no right and/or standing to file an appeal relating to the Courtapproval of this Settlement.

Appears in 1 contract

Samples: Settlement Agreement and Release of Claims

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