Exclusion From Settlement Clause Samples

Exclusion From Settlement. 7.1 Class Members desiring to exclude themselves from the Settlement must do so in writing in the manner described in the Notice Form. All exclusion requests must be postmarked on or before twenty-one (21) days prior to the final approval hearing. Class Counsel will file all exclusion requests with the Court no later than ten (10) calendar days before the final approval hearing, as well as a summary sheet outlining the number of Class Members who requested exclusion. Class Members who submit timely exclusion requests are not subject to or bound by this Settlement. 7.2 Defendant may, at its discretion, terminate the Agreement if thirty (30) or more of the Class Members exclude themselves from the Settlement. Defendant must exercise its right to withdraw by providing written notice to Class Counsel within five (5) {N0690882.1} - 8 - Case 3:24-cv-01508 Document 15-3 Filed 06/04/25 Page 8 of 14 PageID #: 76 days of receiving the summary sheet referenced in Paragraph 7.1 above. Should Defendant exercise this option, Defendant shall also file a notice of its election to withdraw from this Rule 23 Settlement Agreement and an unopposed motion for the Court to set a hearing to address how this case will proceed.