APPOINTMENT OF SPECIAL MASTER Sample Clauses

APPOINTMENT OF SPECIAL MASTER. The Court, by this Order, appoints Judge Xxxxxx Xxxxx as Special Master to hear motions to dismiss claims that fail to comply with the terms of the Agreement, and to recommend to this Court rulings on any other motions, as specified in the Agreement. IT IS SO ORDERED this day of , 0000 XXXXXXXXX XXXXXX X. SIPPEL UNITED STATES DISTRICT JUDGE Appendix C Notice of Intent to Opt In Form for Unfiled Claims NOTICE OF INTENT TO OPT 41527 M FOR UNFILED CLAIMS IN FOR INSTRUCTIONS THIS FORM APPLIES TO INDIVIDUALS WHO ALLEGE AN INJURY OCCURRING PRIOR TO FEBRUARY 7, 2014 RESULTING FROM THE USE OF NUVARING, AND WHO HAD SIGNED A RETAINER AGREEMENT WITH AN ATTORNEY OR LAW FIRM PRIOR TO FEBRUARY 7, 2014 FOR LEGAL REPRESENTATION OF SAID INDIVIDUAL RELATING TO AN INJURY ALLEGEDLY RESULTING FROM THE USE OF NUVARING, BUT WHO DO NOT HAVE A LEGAL CASE RELATING TO NUVARING PENDING IN STATE OR FEDERAL COURT. IF YOU WISH TO PARTICIPATE IN THE NUVARING RESOLUTION PROGRAM (the “Program”) AND TO BE POTENTIALLY ELIGIBLE FOR AN AWARD UNDER THE PROGRAM, YOU MUST SUBMIT THIS FORM, ALONG WITH THE ACCOMPANYING DECLARATION OF COUNSEL FORM SIGNED BY YOUR ATTORNEY, ON OR BEFORE 11:59 p.m. CT ON MARCH 10, 2014 AS FOLLOWS: Online: Go to xxx.xxxxxxxxxxxxxxxxxxxxxxxxxx.xxx, which is the official website of the Claims Administrator, and follow the instructions provided there. The date of submission will be the date the form is provided online. NOTICE OF INTENT TO OPT 41528 M FOR UNFILED CLAIMS IN FOR By timely submitting this form, you agree to be bound by the terms of the Master Settlement Agreement and the jurisdiction of the Special Master and the MDL Court or the New Jersey Coordinated Proceeding Court with regard to all matters pertaining to the Master Settlement Agreement and the Program contained therein. You acknowledge that you will not be eligible for an award unless you also timely submit a completed Claim Package that meets the requirements set forth in the Master Settlement Agreement. You agree that the Special Master will hear motions to dismiss claims that fail to comply with the Settlement Agreement and make recommendations to the court in which those cases are pending. You also agree that appeals of determinations by the Claims Administrator as to whether a Claimant is eligible for payment under the terms of the Settlement Agreement will be resolved by the Special Master and that the Special Master’s decisions will be binding on the parties. You acknowledge that the Special Master...
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APPOINTMENT OF SPECIAL MASTER. The Parties agree to seek Court approval of the appointment of Retired Judge Xxxxxxx to serve as Special Master for purposes of this Settlement, including drafting a Report & Recommendation to the trial court about the Preliminary and /or Final Approval, and to take such other action as is necessary to facilitate this Case 3:11-md-02286-MMA-MDD Document 281-3 Filed 11/06/15 Page 38 of 105 Case 3:11-md-02286-MMA-MDD Document 281-3 Filed 11/06/15 Page 39 of 105 Case 3:11-md-02286-MMA-MDD Document 281-3 Filed 11/06/15 Page 40 of 105 Case 3:11-md-02286-MMA-MDD Document 281-3 Filed 11/06/15 Page 41 of 105 Case 3:11-md-02286-MMA-MDD Document 281-3 Filed 11/06/15 Page 42 of 105 Case 3:11-md-02286-MMA-MDD Document 281-3 Filed 11/06/15 Page 43 of 105 EXHIBIT A 2 3 4 5 6 7 8 UNITED STATES XXXXXXXX XXXXX 0 XXXXXXXX XXXXXXXX OF CALIFORNIA 10 11 Case No. 11-md-2286 MMA (MDD) 12 IN RE: MIDLAND CREDIT MANAGEMENT, INC., TELEPHONE CONSUMER 13 PROTECTION ACT 14 LITIGATION 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Member Cases: 10-cv-02261 10-cv-02600 10-cv-02368 10-cv-02370 ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT JUDGE: Xxx. Xxxxxxx X. Anello CASE NO. 11-md-2286 MMA (MDD) DLA PIPER LLP (US) WEST\258301755.4 Case 3:11-md-02286-MMA-MDD Document 281-3 Filed 11/06/15 Page 47 of 105 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DLA PIPER LLP (US) Plaintiffs Xxxxxxxxxxx Xxxxxxxx, Xxxxxxx Xxxxx, and Xxxx Xxxxxxxx, (collectively, "Plaintiffs") filed a Motion for Preliminary Approval of Class Action Settlement and Certification of Settlement Class (hereinafter referred to as the “Preliminary Approval Motion”) in the above-captioned action (the “Lawsuit”). The Preliminary Approval Motion was unopposed by Defendants Midland Funding, LLC, Midland Credit Management, Inc. (“MCM”), and Encore Capital Group, Inc. (collectively, “Defendants”). The Court has read and considered the Settlement Agreement (the “Agreement”), the Preliminary Approval Motion, and the record in this case. NOW, THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
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APPOINTMENT OF SPECIAL MASTER. As part of the Class Settlement, the Parties will move the Court for the appointment of a Special Master to assist with administering and facilitating the Settlement. Upon approval of the Court, the Special Master will be empowered to facilitate the resolution of claims among Settlement Class members, including their various interests and entitlement to claims relating to Surplus Proceeds as provided in Paragraph 8.2.1. The intent will be for the court-appointed Special Master to have a function similar to a Michigan Circuit Court Judge under Section 78t of the GPTA.
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APPOINTMENT OF SPECIAL MASTER. The Parties agree to 22 the appointment of the Xxxxxxxxx Xxxxxxx X. Hoffman (Xxx.) as Special Master 23 for purposes of settlement, preparing a report and recommendation for 24 preliminary and final approval (if desired by the Court), dealing with potential 25 objectors and related discovery and any other issues that may arise. P&F, or its 26 insurer, agrees to pay all fees and costs related to the appointment and work 27 conducted by the Special Master, not to exceed $10,000.
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Related to APPOINTMENT OF SPECIAL MASTER

  • Appointment of Stewards A. The Union will certify to the Employer in writing a xxxxxxx or stewards and alternates in accordance with the fol- lowing general guidelines. Where more than one xxxxxxx is appointed, one shall be designated chief xxxxxxx. The selection and appointment of stewards or chief stewards is the sole and exclusive function of the Union. Stewards will be certified to represent employees in specific work location(s) on their tour; provided no more than one xxxxxxx may be certified to repre- sent employees in a particular work location(s). The number of stewards certified shall not exceed, but may be less than, the number provided by the formula hereinafter set forth. Employees in the same craft per tour or station Up to 49 1 xxxxxxx 50 to 99 2 stewards 100 to 199 3 stewards 200 to 499 5 stewards 500 or more 5 stewards plus additional xxxxxxx for each 100 employees

  • Appointment of Representatives 6.01 The Employer acknowledges the right of the Union to appoint employees as Representatives of the Union.

  • Appointment of Representative (a) Selection Upon the occurrence of an Event of Default, a single representative shall be appointed to represent all of the Holders (the “Representative”). The Representative (i) may, but need not, be a Holder; (ii) shall not be affiliated with or related to the Company; and (iii) shall be selected by the Holders as follows:

  • Appointment of Manager Owner hereby engages and retains Manager as the manager and as tenant coordinating agent of the Properties, and Manager hereby accepts such appointment on the terms and conditions hereinafter set forth; it being understood that this Management Agreement shall cause Manager to be, at law, Owner’s agent upon the terms contained herein.

  • Appointment of Independent Engineer The Authority shall appoint a consulting engineering firm from a panel of 10 (ten) firms or bodies corporate, constituted by the Authority substantially in accordance with the selection criteria set forth in Schedule-P, to be the independent consultant under this Agreement (the “Independent Engineer”). The appointment shall be made no later than 90 (ninety) days from the date of this Agreement and shall be for a period of 3 (three) years. On expiry or termination of the aforesaid period, the Authority may in its discretion renew the appointment, or appoint another firm from a fresh panel constituted pursuant to Schedule-P to be the Independent Engineer for a term of 3 (three) years, and such procedure shall be repeated after expiry of each appointment.

  • Appointment Policy In making promotions and transfers, the qualifications and abilities of the employees concerned shall be the primary considerations, and where such factors are relatively equal, seniority shall be the determining factor.

  • Appointment of Administrator Each Trust hereby appoints EIS as Administrator of the Trust and each of its series listed on SCHEDULE A attached hereto on the terms and conditions set forth in this Agreement; and EIS hereby accepts such appointment and agrees to perform the services and duties set forth in Section 2 of this Agreement in consideration of the compensation provided for in Section 4 hereof.

  • Appointment of Sub-processors Client acknowledges and agrees that (a) Data Processor’s Affiliates may be used as Sub-processors; and (b) Data Processor and/or Data Processor’s Affiliates respectively may engage third-party Sub-processors in connection with the provision of the Services.

  • Appointment of Settlement Administrator After obtaining a quote from mutually acceptable and qualified settlement administrators, the Parties have mutually agreed to ask the Court to appoint Simpluris as the qualified administrator, to serve as the Settlement Administrator, which, as a condition of appointment, will agree to be bound by this Agreement with respect to the performance of its duties and its compensation. The Settlement Administrator’s duties will include preparing, printing, and mailing the Class Notice Packet to all Class Members; conducting a National Change of Address search to update Class Member addresses before mailing the Class Notice Packets; re-mailing Class Notice Packets that are returned to the Class Member’s new address; setting up a toll-free telephone number to receive calls from Class Members; receiving and reviewing for validity completed Elections Not to Participate in Settlement; providing the Parties with weekly status reports about the delivery of Class Notice Packets and receipt of completed Elections Not to Participate in Settlement; calculating Settlement Shares; issuing the checks to effectuate the payments due under the Settlement; issuing the tax reports required under this Settlement; and otherwise administering the Settlement pursuant to this Agreement. The Settlement Administrator will have the authority to resolve all disputes concerning the calculation of a Participating Class Member’s Settlement Share, subject to the dollar limitations and calculations set forth in this Agreement. The Settlement Administration Expenses, including the cost of printing and mailing the Class Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall have its own Employer Identification Number under Internal Revenue Service Form W-9 and shall use its own Employer Identification Number in calculating payroll withholdings for taxes and shall transmit the required employers’ and employees’ share of the withholdings to the appropriate state and federal tax authorities. The Settlement Administrator shall establish a settlement fund that meets the requirements of a Qualified Settlement Fund (“QSF”) under US Treasury Regulation section 468B-1.

  • Appointment of auditors 33.2.1 The Concessionaire shall appoint, and have during the subsistence of this Agreement as its Statutory Auditors, a firm chosen by it from the mutually agreed list of 10 (ten) reputable firms of chartered accountants (the “Panel of Chartered Accountants”), such list to be prepared substantially in accordance with the criteria set forth in Schedule-T. All fees and expenses of the Statutory Auditors shall be borne by the Concessionaire.

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