Objections. Any Class Member who does not timely and validly exclude himself or herself from the Settlement Class may appear and show cause, if he or she has any reason to object to the Settlement; provided, however, that no Class Member shall be heard or entitled to contest the approval of the terms and conditions of the proposed Settlement, or, if approved, the Final Judgment to be entered thereon approving the same, or any attorney’s fees and expenses to be awarded to Class Counsel or award made to the Class Representatives, unless a written objection is sent to the Settlement Administrator at the mailing address listed in the Class Notice no later than thirty (30) days after the Notice Mailing Date. The written objection must also be mailed to the Clerk of Court no later than thirty (30) days after the Notice Mailing Date. To be valid, the written objection must: (a) identify the case name and number; (b) identify the name, address, telephone number of the Settlement Class Member objecting and, if represented by counsel, of his/her counsel; (c) be personally signed by the person objecting, or if represented by counsel, signed by his/her counsel; (d) the basis and grounds for objection with specificity; and (e) a statement of whether he/she intends to appear at the Final Approval Hearing, either with or without counsel. Within seven (7) days of the Objection Deadline, the Settlement Administrator shall provide a report to the Court setting forth a list of Objections that meet the above guidelines. The Court shall have the ultimate determination of whether an Objection has been appropriately made. Any Settlement Class Member who does not make his or her objection in the manner provided in this Section shall be deemed to have waived such objection, shall not be permitted to object to any terms or approval of the Settlement at the Final Approval Hearing, and shall be foreclosed from making any objection to the Settlement, unless otherwise ordered by the Court.
Appears in 2 contracts
Sources: Class Action Settlement Agreement, Class Action Settlement Agreement
Objections. Any Class Member who does not timely and validly exclude himself or herself from the Settlement Class may appear and show cause, if he or she has any reason to object Objections to the Settlement; provided, however, that no Class Member shall be heard or entitled to contest the approval of the terms and conditions of the proposed Settlement, or, if approved, the Final Judgment to be entered thereon approving the same, or any attorney’s application for attorneys’ fees and expenses to be awarded to Class Counsel or award made costs, and/or to the Class Representatives, unless a written objection is Service Award must be sent to the Settlement Administrator at the mailing address listed in the Class Notice no later than thirty (30) days after the Notice Mailing Date. The written objection must also be mailed to the Clerk of Court the Court, Class Counsel, Defendant’s Counsel, and the Settlement Administrator. For an objection to be considered by the Court, the objection must be submitted no later than thirty the Objection Deadline, as specified in the Notice. If submitted by mail, an objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (30) days after e.g., Federal Express), an objection shall be deemed to have been submitted on the Notice Mailing Dateshipping date reflected on the shipping label. To For an objection to be validconsidered by the Court, the written objection must: (a) identify must also set forth:
a. the case name and number; (b) identify of the Action;
b. the objector’s full name, addressaddress and telephone number;
c. all grounds for the objection, telephone accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. the number of times the objector has objected to a class action settlement within the five years preceding the date that the objector files the objection, the caption of each case in which the objector has made such objection, and a copy of any orders related to or ruling upon the objector’s prior objections that were issued by the trial and appellate courts in each listed case;
e. the identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement Class Member objecting andor fee application;
f. the number of times in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date that of the filed objection, if represented by the caption of each case in which counsel or the firm has made such objection and a copy of any orders related to or ruling upon counsel, of his/her ’s or the counsel; (c) be personally signed ’s law firm’s prior objections that were issued by the trial and appellate courts in each listed case in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the preceding five years;
g. any and all agreements that relate to the objection or the process of objecting— whether written or oral—between objector or objector’s counsel and any other person objecting, or entity;
h. the identity of all counsel (if represented by counsel, signed by his/her counsel; (dany) representing the basis and grounds for objection with specificity; and (e) a statement of whether he/she intends to objector who will appear at the Final Approval Hearing, either with or without counsel. Within seven (7) days of the Objection Deadline, the Settlement Administrator shall provide a report to the Court setting forth ;
i. a list of Objections that meet all persons who will be called to testify at the above guidelines. The Court shall have the ultimate determination of whether an Objection has been appropriately made. Any Settlement Class Member who does not make his or her objection Final Approval Hearing in the manner provided in this Section shall be deemed to have waived such objection, shall not be permitted to object to any terms or approval support of the Settlement objection;
▇. a statement indicating whether the objector intends to personally appear and/or testify at the Final Approval Hearing, and shall be foreclosed from making ; and
▇. the objector’s signature (an attorney’s signature is not sufficient). Class Counsel and/or Defendant may conduct limited discovery on any objection to objector or objector’s counsel consistent with the Settlement, unless otherwise ordered by the CourtFederal Rules of Civil Procedure.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Objections. Any Settlement Class Member who does not timely and validly exclude himself or herself from the Settlement Class may appear and show cause, if he or she has any reason intends to object to the Settlement; provided, however, that no Class Member shall be heard or entitled to contest the approval fairness of the terms and conditions of the proposed Settlement, or, if approved, the Final Judgment to be entered thereon approving the same, or any attorney’s fees and expenses to be awarded to Class Counsel or award made to the Class Representatives, unless this settlement must file a written objection is sent to with the Settlement Administrator at the mailing address listed in the Class Notice no later than thirty (30) days after the Notice Mailing Date. The written objection must also be mailed to the Clerk of Court no later than thirty (30) days after the Notice Mailing Date. To be valid, Objection Deadline and simultaneously provide a copy to Class Counsel and counsel for Defendant at the addresses set forth in the Notice.
A. In the written objection must: (a) identify the case name and number; (b) identify the nameobjection, address, telephone number of the Settlement Class Member objecting andmust state his or her full name, if represented by counselcurrent address, of his/telephone number, the reasons for his or her counsel; (c) be personally signed by the person objectingobjection, and whether he or if represented by counsel, signed by his/her counsel; (d) the basis and grounds for objection with specificity; and (e) a statement of whether he/she intends to appear at the Final Approval Fairness Hearing on his or her own behalf or through counsel. Any documents supporting the objection must also be attached to the Objection, and if the Settlement Class Member intends to call witnesses at the Fairness Hearing, either with or without counselthose witnesses must be identified, including providing each witness’ name, address and telephone number in the Objection. Within seven (7) days of the Objection Deadline, Objections must be signed by the Settlement Administrator shall provide a report to the Court setting forth a list of Objections that meet the above guidelines. The Court shall have the ultimate determination of whether an Objection has been appropriately made. Class Member making them or by his or her counsel.
B. Any Settlement Class Member who does not make has timely filed a written objection, as provided for above, may appear at the Fairness Hearing, either in person or through an attorney hired at the Class Member’s own expense, to object to the fairness, reasonableness, or adequacy of this Agreement or the settlement. A Settlement Class Member or his or her objection in attorney intending to make an appearance at the manner provided in Fairness Hearing must: (a) file a notice of appearance with the Court no later than ten (10) days prior to the Fairness Hearing, or as the Court may otherwise direct; and (b) serve a copy of such notice of appearance on all counsel for all Parties. Any Class Member who fails to comply with the provisions of this Section 12.02 shall be deemed waive and forfeit any and all rights to have waived such objection, shall not be permitted appear separately and/or to object to any terms or approval of the Settlement at the Final Approval Hearingobject, and shall be foreclosed from making any objection to bound by all the Settlementterms of this settlement, unless otherwise ordered and by all proceedings, orders, and judgments in the Courtlitigation.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Objections. Any Settlement Class Member who does not timely and validly exclude himself or herself from the Settlement Class may appear and show cause, if he or she has any reason intends to object to the Settlement; provided, however, that no Class Member shall be heard or entitled to contest the approval of the terms and conditions of the proposed Settlement, or, if approved, the Final Judgment to be entered thereon approving the same, or any attorney’s fees and expenses to be awarded to Class Counsel or award made to the Class Representatives, unless this settlement must file a written objection is sent to with the Settlement Administrator at the mailing address listed in the Class Notice no later than thirty (30) days after the Notice Mailing Date. The written objection must also be mailed to the Clerk of Court no later than thirty (30) days after the Notice Mailing Date. To be valid, Objection Deadline and simultaneously provide a copy to Class Counsel and counsel for Defendant at the addresses set forth in the Notice.
A. In the written objection must: (a) identify the case name and number; (b) identify the nameobjection, address, telephone number of the Settlement Class Member objecting andmust state his or her full name, if represented by counselcurrent address, of his/telephone number, the reasons for his or her counsel; (c) be personally signed by the person objectingobjection, and whether he or if represented by counsel, signed by his/her counsel; (d) the basis and grounds for objection with specificity; and (e) a statement of whether he/she intends to appear at the Final Approval Fairness Hearing on his or her own behalf or through counsel. Any documents supporting the objection must also be attached to the Objection, and if the Settlement Class Member intends to call witnesses at the Fairness Hearing, either with or without counselthose witnesses must be identified, including providing each witness’s name, address and telephone number in the Objection. Within seven (7) days of the Objection Deadline, Objections must be signed by the Settlement Administrator shall provide a report to the Court setting forth a list of Objections that meet the above guidelines. The Court shall have the ultimate determination of whether an Objection has been appropriately made. Class Member making them or by his or her counsel.
B. Any Settlement Class Member who does not make has timely filed a written objection, as provided for above, may appear at the Fairness Hearing, either in person or through an attorney hired at the Class Member's own expense, to object to the fairness, reasonableness, or adequacy of this Agreement or the Settlement. A Class Member or his or her objection in attorney intending to make an appearance at the manner provided in Fairness Hearing must: (a) file a notice of appearance with the Court no later than ten (10) days prior to the Fairness Hearing, or as the Court may otherwise direct; and (b) serve a copy of such notice of appearance on all counsel for all Parties. Any Class Member who fails to comply with the provisions of this Section 10.02 shall be deemed waive and forfeit any and all rights to have waived such objection, shall not be permitted appear separately and/or to object to any terms or approval of the Settlement at the Final Approval Hearing, and shall be foreclosed from making any objection to bound by all the terms of this Settlement, unless otherwise ordered and by all proceedings, orders, and judgments in the Courtlitigation.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Objections. Any Settlement Class Member who does not timely submit a written Request for Exclusion may appear at the Final Approval Hearing or submit a written objection to the Settlement explaining why they believe that the Settlement should not be approved by the Court as fair, reasonable, and validly exclude himself adequate.
a. A Settlement Class Member who wishes to object or herself from appear must file with the Clerk of the Court, at the address identified on the Settlement Website, and separately mail to the Settlement Administrator, a detailed written statement, postmarked by the Objection and Opt-Out Deadline, stating any objection(s) in detail and any specific aspect(s) of the Settlement being challenged; the specific reason(s), if any, for each such objection, including any evidence and legal authority that the Settlement Class may appear and show cause, if he or she has any reason Member wishes to object bring to the SettlementCourt’s attention; providedand whether any objection applies only to the objector, however, that no Class Member shall be heard or entitled to contest the approval a specific subset of the terms and conditions of the proposed Settlement, or, if approved, the Final Judgment to be entered thereon approving the sameclass, or any attorney’s fees and expenses to be awarded to Class Counsel or award made to the Class Representatives, unless a entire class.
b. That written objection is sent to the Settlement Administrator at the mailing address listed in the Class Notice no later than thirty (30) days after the Notice Mailing Date. The written objection must also be mailed to the Clerk of Court no later than thirty (30) days after the Notice Mailing Date. To be valid, the written objection must: (a) statement shall clearly identify the case name and number; , and in addition to the details set forth above with respect to the objection, shall contain (bi) identify the Settlement Class Member’s printed name, address, telephone number number, and email address; (ii) evidence showing that the objector is a Settlement Class Member; (iii) any other supporting papers, materials, or briefs that the Settlement Class Member wishes the Court to consider when reviewing the objection; (iv) the actual written signature of the Settlement Class Member objecting and, if represented by counsel, of his/her counsel; (c) be personally signed by making the person objecting, or if represented by counsel, signed by his/her counsel; (d) the basis and grounds for objection with specificityobjection; and (ev) a statement of whether he/she the objecting Settlement Class Member or their counsel intends to appear at the Final Approval Hearing.
c. A Settlement Class Member may object on their own behalf or through an attorney; provided, either with or without counselhowever, that even if represented, the objector must individually sign the objection, and timely file the objection and mail a copy to the Settlement Administrator. Within seven (7) days of All attorneys who are involved in any way in asserting the Objection Deadlineobjection must be listed on the objection.
d. On a weekly basis, the Settlement Administrator shall provide counsel for the Parties with copies of any objections it receives.
e. Any objector who files and serves a report valid and timely written objection or intends to appear as described above may appear at the Final Approval Hearing, either in person or through separate counsel hired at the objector’s expense, to object to the Court setting Settlement on the basis set forth in his or her objection; provided, however, that any objector or attorney for an objector who intends to make an appearance at the Final Approval Hearing must in their timely objection state their intention to appear. If the Settlement Class Member or their attorney wish to speak at the Final Approval Hearing, their written notice of intent must identify by name, address, and telephone number the person(s) who intend(s) to appear, including any witnesses and a list summary of Objections that meet any witness testimony the above guidelines. The Court shall have the ultimate determination of whether an Objection has been appropriately made. Settlement Class Member intends to present during their appearance.
f. Any Settlement Class Member who does not make his or her objection in comply with the manner provided in this Section foregoing provisions shall be deemed to have waived such objection, shall not be permitted waive and forfeit any and all rights to object to any the Settlement, and shall be bound by all terms or approval of this Settlement Agreement and by all proceedings, orders and judgments in the Litigation, including but not limited to the Release and the Final Approval Order and Judgment.
g. A member of the Class who submits a valid Request for Exclusion may not object to the Settlement or speak at the Final Approval Hearing. Objections filed by Class members who have excluded themselves from the Class will not be considered.
h. The procedures for filing objections and appearing at the Final Approval Hearing are intended to ensure the fair and efficient administration of justice, consistent with the Federal Rules of Civil Procedure and due process.
i. A Settlement Class Member who objects can withdraw their objection before the Final Approval Hearing by submitting a signed written request or email containing an electronic signature to the Settlement Administrator stating their desire to withdraw their objection. The Settlement Administrator will forward all such requests to Lead Counsel and Defense Counsel on a weekly basis, and shall be foreclosed from making any objection will ensure that all such requests submitted prior to the Settlement, unless otherwise ordered by date of the CourtFinal Approval Hearing are forwarded prior to the Final Approval Hearing.
Appears in 2 contracts
Sources: Class Action Settlement Agreement, Class Action Settlement Agreement
Objections. Any A Class Member who does not opt out as provided in Paragraph 40 may, as instructed in the Notice, file an objection to the settlement with the Clerk of Court or may file a motion to intervene. Any such objection or motion to intervene, in order to be timely, must be postmarked by the Objection Deadline. Any Class Member who has timely and validly exclude himself or herself from the Settlement Class filed an objection in compliance with this paragraph may appear at the Final Approval Hearing to be scheduled by the Court, in person or by counsel, and show causebe heard to the extent allowed by the Court, if he or she has any reason applying applicable law, in opposition to the fairness, reasonableness, and adequacy of the proposed settlement, and/or on the applications for attorneys' fees and costs and incentive award. The right to object to the Settlement; provided, however, that no proposed settlement or to intervene in the Civil Action must be exercised individually by a Class Member shall be heard or entitled to contest the approval his or her attorney, and not as a member of the terms and conditions of the proposed Settlementa group, or, if approved, the Final Judgment to be entered thereon approving the sameclass, or any attorney’s fees and expenses to subclass, except that such objections may be awarded to submitted by a Class Counsel or award made to the Class Representatives, unless a written objection is sent to the Settlement Administrator at the mailing address listed in the Class Notice no later than thirty (30) days after the Notice Mailing Date. The written objection must also be mailed to the Clerk of Court no later than thirty (30) days after the Notice Mailing DateMember's legally authorized representative. To be valideffective, a notice of intent to object to the written objection proposed settlement must: :
(a) identify Contain a heading which includes the name of the case name and case number; ;
(b) identify Provide the name, address, telephone number, and signature of the Class Member filing the objection;
(c) Indicate the specific reasons why the Class Member objects to the proposed settlement;
(d) Contain the name, address, bar number, and telephone number of the Settlement objecting Class Member objecting andMember’s counsel, if represented by counsel, an attorney. Any attorney representing a Class Member must comply with all applicable rules of his/her counselthe Court; (c) be personally signed by the person objecting, or if represented by counsel, signed by his/her counsel; (d) the basis and grounds for objection with specificity; and and
(e) a statement of State whether he/she the objecting Class Member intends to appear at the Final Approval Hearingfinal approval hearing, either with in person or without through counsel. Within seven In addition, a notice of intent to object must contain the following information, if the Class Member or his or her attorney requests permission to speak at the final approval hearing:
(7f) days A detailed statement of the Objection Deadlinelegal and factual basis for each and every objection;
(g) A list of any and all witnesses whom the Class Member may seek to call at the final approval hearing, with the address of each witness and a summary of his or her proposed testimony (whether any such testimony is allowed will be in the discretion of the Court, in accordance with the rules of the Court);
(h) A detailed description of any and all evidence the Class Member may offer at the final approval hearing, including photocopies of any and all exhibits which the objector may seek to introduce at the final approval hearing (whether any such evidence is admitted or otherwise considered will be determined by the Court, in accordance with the rules of the Court);
(i) A list of any legal authority the Class Member will present at the final approval hearing; and
(j) Documentary proof of membership in the Class. Class Members have the right to exclude themselves from the proposed settlement and pursue a separate and independent remedy against RailWorks by complying with the exclusion provisions in Paragraph 40. Class Members who object to the proposed settlement shall remain Settlement Class Members and voluntarily waive their right to pursue an independent remedy against RailWorks. To the extent any Class Member objects to the proposed settlement, and such objection is overruled in whole or in part, such Class Member will be forever bound by the Order and Final Judgment of the Court. Class Members can avoid being bound by any judgment of the Court by complying with the exclusion provisions in Paragraph 40. Class Members who file objections are still entitled to receive benefits under the settlement if it is approved, but they must submit a timely Claim Form to do so. Submitting a timely Claim Form does not waive an objection to the settlement. A Class Member is not entitled to submit both an opt-out request and an objection. If a Class Member submits both an opt-out request and an objection, the Settlement Administrator shall provide will send a report letter explaining that they are not permitted to make both such requests, and asking the Class Member to make a final decision as to whether to opt out or object and inform the Settlement Administrator of that decision within 10 days. If the Class Member does not respond to that communication within 10 days after it was mailed (or by the Objection deadline, whichever is later), the Class Member will be treated as having opted out of the Class, and the objection will not be considered, subject to the Court setting forth a list of Objections that meet the above guidelines. The Court shall have the ultimate determination of whether an Objection has been appropriately made. Any Settlement Class Member who does not make his or her objection in the manner provided in this Section shall be deemed to have waived such objection, shall not be permitted to object to any terms or approval of the Settlement at the Final Approval Hearing, and shall be foreclosed from making any objection to the Settlement, unless otherwise ordered by the Court’s discretion.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Objections. Any Settlement Class Member who does not timely and validly exclude himself or herself from the Settlement Class may appear and show cause, if he or she has any reason intends to object to the Settlement; provided, however, that no Class Member shall be heard or entitled to contest the approval fairness of the terms and conditions of the proposed Settlement, or, if approved, the Final Judgment to be entered thereon approving the same, or any attorney’s fees and expenses to be awarded to Class Counsel or award made to the Class Representatives, unless this settlement must file a written objection is sent with the Court, and provide a copy of the objection to the Settlement Administrator at the mailing address listed in the Claims Administrator, Class Notice Counsel and counsel for Citizens no later than thirty the Objection Deadline as set forth below:
A. In the written objection, the Settlement Class Member must state his or her full name, address, the reasons for his or her objection, and to ensure membership in the Settlement Class, either:
(301) days after the Notice Mailing DateClaim Identification Number on the Postcard Notice; or (2) the cellular telephone number(s) on which he or she received a Telephone Call. The written objection Any supporting documents, evidence, and citations must also be mailed attached to the Clerk Objection.
B. Any Settlement Class Member who objects may appear at the Fairness Hearing, either in person or through an attorney hired at the Settlement Class Member's own expense, to object to the fairness, reasonableness, or adequacy of Court no later than thirty (30) days after this Agreement or the Notice Mailing DateSettlement. To be valid, A Settlement Class Member or his or her attorney intending to make an appearance at the written objection Fairness Hearing must: (a) identify file a notice of appearance with the case name Court no later than ten (10) days prior to the Fairness Hearing, or as the Court may otherwise direct; and number; (b) identify the name, address, telephone number serve a copy of the Settlement Class Member objecting and, if represented by counsel, such notice of his/her counsel; (c) be personally signed by the person objecting, or if represented by counsel, signed by his/her counsel; (d) the basis and grounds appearance on all counsel for objection with specificity; and (e) a statement of whether he/she intends to appear at the Final Approval Hearing, either with or without counsel. Within seven (7) days of the Objection Deadline, the Settlement Administrator shall provide a report to the Court setting forth a list of Objections that meet the above guidelines. The Court shall have the ultimate determination of whether an Objection has been appropriately madeall Parties. Any Settlement Class Member who does not make fails to timely file a written objection with the Court and notice of his or her objection intent to appear at the Fairness Hearing in accordance with the terms of this Section and as detailed in the manner provided in this Section shall be deemed Notice, and at the same time provide copies to have waived such objectiondesignated counsel for the Parties, shall not be permitted to object to any terms or approval of the this Settlement Agreement at the Final Approval Fairness Hearing, shall be foreclosed from seeking any review of this Agreement by appeal or other means, and shall be foreclosed deemed to have waived his or her objections and be forever barred from making any objection to such objections in the Settlement, unless otherwise ordered by the CourtAction or any other action or proceeding.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Objections. Any Class Member who does not timely and validly exclude himself Member, on his, her, or herself from the Settlement Class its own, or through an attorney hired at his, her, or its own expense, may appear and show cause, if he or she has any reason to object to the Settlement; provided, however, that no Class Member shall be heard or entitled to contest the approval terms of the terms and conditions of the proposed Settlement, orClass Counsel’s motion for an award of Attorneys’ Fees and Costs and/or the Named Plaintiff Service Awards. Any such Objection must be served on Class Counsel, if approvedDefendants’ counsel, the Final Judgment to be entered thereon approving the same, or any attorney’s fees and expenses to be awarded to Class Counsel or award made to the Class Representatives, unless a written objection is sent to the Settlement Administrator at the mailing address listed in the Class Notice no later than thirty (30) days after the Notice Mailing Date. The written objection must also be mailed to the Clerk of Court no later than thirty (30) days after the Notice Mailing DateAdministrator. To be valideffective, any such Objection must be in writing and include the written objection must: contents described below, and must be served by the Objection Deadline. Any Objections not raised properly and timely will be waived. To be effective, any Objection must contain all the following information:
a. a reference at the beginning to ▇▇▇▇▇▇▇ v. Ocwen Loan Servicing, LLC., No. 1:13- cv-04427-NGG-SLT (a) identify Eastern District of New York),
b. the case name and number; (b) identify the objector’s full name, address, telephone number number, and email address;
c. the Objection must state whether it applies only to the objector, to a specific subset of the Settlement Class Member objecting and, if represented by counsel, of his/her counsel; (c) be personally signed by the person objectingclass, or if represented by counselto the entire class, signed by his/her counsel; (d) and also state with specificity the basis and grounds for objection with specificity; and (e) the Objection;
d. copies of any papers, briefs, or other documents upon which the Objection is based;
e. a list of all persons who will be called to testify in support of the Objection;
f. a statement of whether he/she the objector intends to appear at the Final Approval Hearing. If the objector intends to appear at the Final Approval Hearing through counsel, either with or without counsel. Within seven (7) days of the Objection Deadline, must also state the Settlement Administrator shall provide a report to identity of all attorneys representing the Court setting forth a list of Objections that meet the above guidelines. The Court shall have the ultimate determination of whether an Objection has been appropriately made. Any Settlement Class Member objector who does not make his or her objection in the manner provided in this Section shall be deemed to have waived such objection, shall not be permitted to object to any terms or approval of the Settlement will appear at the Final Approval Hearing, and shall be foreclosed from making any objection to all such attorneys representing the Settlementobjector must enter an appearance concurrently with serving the Objection, unless otherwise ordered by whether or not the Court.objector’s counsel will appear at the Final Approval Hearing or whether or not admitted in New York;
Appears in 1 contract
Sources: Class Action Settlement Agreement
Objections. Any Settlement Class Member who does not timely and validly exclude himself or herself from the Settlement Class may appear and show cause, if he or she has any reason intends to object to the Settlement; provided, however, that no Class Member shall be heard or entitled to contest the approval fairness of the terms and conditions of the proposed Settlement, or, if approved, the Final Judgment to be entered thereon approving the same, or any attorney’s fees and expenses to be awarded to Class Counsel or award made to the Class Representatives, unless this settlement must file a written objection is sent with the Court and provide a copy to the Settlement Administrator at Administrator, Class Counsel and counsel for Defendants by the mailing address listed in Objection Deadline.
A. In the Class Notice no later than thirty (30) days after the Notice Mailing Date. The written objection must also be mailed to the Clerk of Court no later than thirty (30) days after the Notice Mailing Date. To be validobjection, the written objection must: (a) identify the case name and number; (b) identify the Settlement Class Member must state his or her full name, address, and telephone number, an explanation as to why the objector is a Class Member including the provision of a Claim Identification Number as listed on the postcard they received, or the telephone number of on which the Settlement Class Member objecting andobjector was called, if represented by counselthe reasons for his or her objection, of his/her counsel; (c) be personally signed by the person objecting, and whether he or if represented by counsel, signed by his/her counsel; (d) the basis and grounds for objection with specificity; and (e) a statement of whether he/she intends to appear at the Final Approval fairness hearing on his or her own behalf or through counsel. Any documents supporting the objection must also be attached to the Objection.
B. Any Settlement Class Member who objects may appear at the Fairness Hearing, either in person or through an attorney hired at the Settlement Class Member's own expense, to object to the fairness, reasonableness, or adequacy of this Agreement or the Settlement. A Settlement Class Member or his or her attorney intending to make an appearance at the Fairness Hearing must: (a) file a notice of appearance with or without counsel. Within seven the Court no later than ten (710) days of the Objection Deadline, the Settlement Administrator shall provide a report prior to the Fairness Hearing, or as the Court setting forth may otherwise direct; and (b) serve a list copy of Objections that meet the above guidelines. The Court shall have the ultimate determination such notice of whether an Objection has been appropriately madeappearance on all counsel for all Parties. Any Settlement Class Member who does not make his or her fails to file a written objection in compliance with the manner provided in provisions of this Section 12.02 shall be deemed waive and forfeit any and all rights to have waived such objection, shall not be permitted appear separately and/or to object to any terms or approval of the Settlement at the Final Approval Hearingobject, and shall be foreclosed from making any objection to bound by all the terms of this Settlement, unless otherwise ordered and by all proceedings, orders, and judgments in the Courtlitigation.
Appears in 1 contract
Sources: Settlement Agreement
Objections. Any Settlement Class Member who does not timely and validly exclude himself or herself from the Settlement Class may appear and show cause, if he or she has any reason intends to object to the Settlement; provided, however, that no Class Member shall be heard or entitled to contest fairness of this settlement must file a written objection with the approval of the terms Court and conditions of the proposed Settlement, or, if approved, the Final Judgment to be entered thereon approving the same, or any attorney’s fees and expenses to be awarded provide a copy to Class Counsel or award made to and counsel for I.C. System by the Class RepresentativesObjection Deadline.
A. In the written objection, unless a written objection is sent to the Settlement Administrator at the mailing address listed in the Class Notice no later than thirty (30) days after the Notice Mailing Date. The written objection Member must also be mailed to the Clerk of Court no later than thirty (30) days after the Notice Mailing Date. To be valid, the written objection must: (a) identify the case name and number; (b) identify the state his or her full name, address, and telephone number of number, (b) the Settlement Class Member objecting andreasons for his or her objection, if represented by counsel, of his/her counsel; (c) be personally signed by the person objecting, whether he or if represented by counsel, signed by his/her counsel; (d) the basis and grounds for objection with specificity; and (e) a statement of whether he/she intends to appear at the Final Approval fairness hearing on his or her own behalf or through counsel, (d) set forth all arguments, citations and evidence supporting the Objection, and (e) disclose every prior objection to a class action settlement ever made by Class Member or Class Member’s attorney including the case name, case number, and disposition of the prior objection(s). Any documents supporting the objection must also be attached to the Objection.
B. Any Settlement Class Member who objects may appear at the Fairness Hearing, either in person or through an attorney hired at the Settlement Class Member's own expense, to object to the fairness, reasonableness, or adequacy of this Agreement or the Settlement. A Settlement Class Member or his or her attorney intending to make an appearance at the Fairness Hearing must: (a) file a notice of appearance with or without counsel. Within seven the Court no later than ten (710) days of the Objection Deadline, the Settlement Administrator shall provide a report prior to the Fairness Hearing, or as the Court setting forth may otherwise direct; and (b) serve a list copy of Objections that meet the above guidelines. The Court shall have the ultimate determination such notice of whether an Objection has been appropriately madeappearance on all counsel for all Parties. Any Settlement Class Member who does not make his or her objection in fails to comply with the manner provided in provisions of this Section 12.02 shall be deemed waive and forfeit any and all rights to have waived such objection, shall not be permitted appear separately and/or to object to any terms or approval of the Settlement at the Final Approval Hearingobject, and shall be foreclosed from making any objection to bound by all the terms of this Settlement, unless otherwise ordered and by all proceedings, orders, and judgments in the Courtlitigation.
Appears in 1 contract
Sources: Settlement Agreement
Objections. Any Class Member who does not timely and validly exclude himself or herself from the a. Settlement Class Members may appear and show cause, if he or she has any reason to object to the Settlement; provided, however, that no Class Member shall be heard or entitled to contest Settlement Agreement by following the approval of instructions on the terms and conditions of the proposed Settlement, or, if approved, the Final Judgment to be entered thereon approving the same, or any attorney’s fees and expenses to be awarded to Class Counsel or award made to the Class Representatives, unless a written objection is sent Notice. To object to the Settlement Administrator at Agreement or any terms of it, the mailing address listed in person making the objection must be a member of the Settlement Class, must not have requested to be excluded from the Settlement, and must file a timely written statement of objection with the Court, and mail a copy of that objection with the requisite postmark to the Settlement Administrator, Class Notice Counsel, and Defendant’s Counsel no later than thirty (30) days after the Notice Mailing DateObjection/Exclusion Deadline. The written notice of objection must also be mailed to the Clerk of Court no later than thirty (30) days after the Notice Mailing Date. To be valid, the written objection must: (a) identify state the case name and number; (b) identify the basis for and an explanation of the objection; the name, address, telephone number number, and email address of the Settlement Class Member objecting making the objection; a list of any other objections filed; a statement of whether he or she is represented by counsel and, if represented so, a list of all objections filed by counsel, of his/her that counsel; (c) and a statement of whether the Settlement Class Member intends to appear at the Final Approval Hearing with or without counsel. In addition, any objection must be personally signed by the person objectingSettlement Class Member. Any objection that does not meet the requirements of this paragraph shall not be considered by the Court, or if represented unless otherwise ordered by counsel, signed by his/her counsel; (d) the basis and grounds for objection with specificity; and (e) a statement of whether he/she Court.
b. If any objecting Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel. Within seven (7) days of , he/she must state as such in the Objection Deadlinewritten objection, and must also identify any witnesses he/she may seek to call to testify at the Final Approval Hearing and all exhibits he/she intends to seek to introduce into evidence at the Final Approval Hearing, which must also be attached to, or included with, the Settlement Administrator shall provide a report to the Court setting forth a list of Objections that meet the above guidelines. The Court shall have the ultimate determination of whether an Objection has been appropriately made. Any written objection.
c. Settlement Class Member Members who does not make his or her objection in the manner provided in this Section fail to serve timely and proper written objections shall be deemed to have waived such objection, shall not be permitted to object to any terms or approval of the Settlement at the Final Approval Hearing, objections and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement, unless otherwise ordered by Settlement Agreement. The Parties may file a response to any objections no later than seven (7) calendar days before the CourtFinal Approval Hearing.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Objections. Any A Settlement Class Member who does not timely and validly exclude himself or herself from complies with the Settlement Class requirements of this Paragraph may appear and show cause, if he or she has any reason to object to the Settlement; providedSettlement and to Plaintiffs’ Motion for Attorneys’ Fees, howeverCosts, that no and Service Award for the Class Representative. No Settlement Class Member shall be heard or entitled to contest the approval of the terms heard, and conditions of the proposed Settlementno papers, orbriefs, if approved, the Final Judgment to be entered thereon approving the samepleadings, or other documents submitted by any attorney’s fees Settlement Class Member shall be received and expenses to be awarded to Class Counsel or award made to considered by the Class RepresentativesCourt, unless a written the objection is sent to the Settlement Administrator at the mailing address listed in the Class Notice no later than thirty is: (30a) days after the Notice Mailing Date. The written objection must also be mailed to filed with the Clerk of Court by the Objection Deadline, which is no later than thirty sixty (3060) days Days after the Notice Mailing Date. To be validDeadline, as set forth in the written objection must: (a) identify Settlement Agreement and as specified in the case name Notice; and number; (b) identify mailed to Settlement Class Counsel and Froedtert’s Counsel at the addresses listed in the Notice, and postmarked by no later than the Objection Deadline. Each Objection must (i) set forth the Settlement Class Member’s full name, current address, telephone number number, and email address; (ii) contain the Settlement Class Member’s original signature; (iii) contain proof that the Settlement Class Member is a member of the Settlement Class (e.g., copy of settlement notice, copy of original notice of the Website Usage Disclosure); (iv) state that the Settlement Class Member objecting andobjects to the Settlement, if represented by counsel, in whole or in part; (v) set forth a statement of the legal and factual basis for the Objection; (vi) provide copies of any documents that the Settlement Class Member wishes to submit in support of his/her counselposition; (cvii) be personally signed by identify all counsel representing the person objectingSettlement Class Member, or if represented by counsel, signed by his/her counselany; (dviii) contain the basis and grounds for objection signature of the Settlement Class Member’s duly authorized attorney or other duly authorized representative, along with specificitydocumentation setting forth such representation; and (eix) contain a statement list, including case name, court, and docket number, of whether he/she intends all other cases in which the objector and/or the objector’s counsel has filed an objection to appear at any proposed class action settlement in the Final Approval Hearing, either with or without counsel. Within seven past three (73) days of the Objection Deadline, the Settlement Administrator shall provide a report to the Court setting forth a list of Objections that meet the above guidelines. The Court shall have the ultimate determination of whether an Objection has been appropriately madeyears. Any Settlement Class Member who does not make his or her objection fails to comply in full with the requirements for objecting in the manner provided in this Section shall be deemed Settlement Agreement, the Notice, and any Court orders will forever waive and forfeit any and all rights he or she may have to have waived such objectionraise any objection to the Settlement Agreement, shall will not be permitted to object to any terms or the approval of the Settlement at the Final Approval Hearing, and shall will be foreclosed from making seeking any objection to review of the SettlementSettlement or the terms of the Settlement Agreement by appeal or other means, unless otherwise ordered and will be bound by the CourtSettlement Agreement and by all proceedings, orders, and judgments in the Lawsuit.
Appears in 1 contract
Sources: Settlement Agreement
Objections. 15.1. Any Settlement Class Member who does not timely and validly exclude himself or herself from the Settlement Class may appear and show cause, if he or she has any reason wishes to object to the Settlement; provided, however, that no Class Member shall Settlement or requests to be heard or entitled to contest the approval of the terms and conditions of the proposed Settlement, or, if approved, at the Final Judgment Approval Hearing must submit a written objection to be entered thereon approving the sameCourt on or before the Objection Deadline, as specified in the Preliminary Approval Order, with a copy sent concurrently by mail, hand, or any attorney’s fees and expenses to be awarded overnight delivery service to Class Counsel or award made to the Class Representatives, unless a written objection is sent to the Settlement Administrator and Travelers’ Counsel at the mailing address listed in the Class Notice no later than thirty (30) days after the Notice Mailing Dateaddresses set forth below at Section 19.
15.2. The written objection must also be mailed to the Clerk of Court no later than thirty include:
(30i) days after the Notice Mailing Date. To be valid, the written objection must: (a) identify the The case name and number; number of the Action;
(bii) identify the The full name, address, and telephone number of the objecting Settlement Class Member objecting and, if represented by counsel, the name, address, and telephone number of his/her counsel; ;
(ciii) be personally signed The unique claimant ID code and other information on the Short Form Notice provided by the person objecting, or if represented by counsel, signed by his/her counsel; Settlement Administrator that identifies the objector as a Settlement Class Member;
(div) the basis and grounds for objection with specificity; and (e) a A statement of whether he/she the objection applies only to the objector, to a specific subset of the class, or to the entire class;
(v) A statement of the number of times in which the objector (and where applicable, objector’s counsel) has objected to a class action settlement within the three years preceding the date that the objector files the objection, along with the caption of each case in which the objector (or objector’s counsel) has made such objection;
(vi) A statement of the specific grounds for the objection; and
(vii) A statement of whether the objecting Settlement Class Member intends to appear at the Final Approval Hearing, either with and if so, whether personally or without through counsel.
15.3. Within seven In addition to the foregoing requirements, if an objecting Settlement Class Member intends to speak at the Final Approval Hearing (7) days of the Objection Deadlinewhether pro se or through an attorney), the written objection must include a detailed description of any evidence the objecting Settlement Administrator shall provide a report to Class Member may offer at the Court setting forth a list Final Approval Hearing, as well as copies of Objections that meet any exhibits the above guidelines. The Court shall have objecting Settlement Class Member may introduce at the ultimate determination of whether an Objection has been appropriately madeFinal Approval Hearing.
15.4. Any Settlement Class Member who does not make his or her objection fails to object to the Settlement in the manner provided described in this Section Agreement, the Preliminary Approval Order, and in the notice provided pursuant to the Notice Plan shall be deemed to have waived any such objection, shall not be permitted to object to any terms or approval of the Settlement at the Final Approval Hearing, and shall be foreclosed precluded from making seeking any objection to review of the Settlement, unless otherwise ordered Settlement or the terms of this Agreement by the Courtappeal or any other means.
Appears in 1 contract
Sources: Stipulation and Agreement of Class Action Settlement
Objections. Any Settlement Class Member who does not timely and validly exclude himself or herself from the Settlement Class may appear and show cause, if he or she has any reason intends to object to the Settlement; provided, however, that no Class Member shall be heard or entitled to contest fairness of this Settlement must file a written objection with the approval of the terms Court and conditions of the proposed Settlement, or, if approved, the Final Judgment to be entered thereon approving the same, or any attorney’s fees and expenses to be awarded provide a copy to Class Counsel or award made to and counsel for Defendants and ClearLight by the Class Representatives, unless a written objection is sent to the Settlement Administrator at the mailing address listed in the Class Notice no later than thirty (30) days after the Notice Mailing Date. The written objection must also be mailed to the Clerk of Court no later than thirty (30) days after the Notice Mailing Date. To be valid, the written objection must: Objection Deadline.
(a) identify In the case name and number; (b) identify written objection, the Settlement Class Member must state his or her full name, address, and telephone number number, explain how and why he or she is a Class Member, the factual and legal reasons for his or her objection, a list of all witnesses that the Settlement Class Member objecting andintends to call by live testimony, if represented by counsel, of his/her counsel; (c) be personally signed by the person objectingdeposition testimony, or if represented by counselaffidavit or declaration testimony, signed by his/her counsel; (d) the basis and grounds for objection with specificity; and (e) a statement of whether he/he or she intends to appear at the Final Approval Hearing on his or her own behalf or through counsel. Any documents or exhibits supporting the objection, or that the Class Member intends to present at the Final Approval Hearing, must also be attached to the Objection.
(b) Any Settlement Class Member who objects must appear at the Final Approval Hearing, either with in person or without counsel. Within seven (7) days of the Objection Deadline, through an attorney hired at the Settlement Administrator shall provide a report Class Member’s own expense, to object to the fairness, reasonableness, or adequacy of this Agreement or the Settlement. A Settlement Class Member or his or her attorney intending to make an appearance at the Final Approval Hearing must:
(i) file a notice of appearance with the Court setting forth no later than twenty (20) Days prior to the Final Approval Hearing, or as the Court may otherwise direct; and (ii) serve a list copy of Objections that meet the above guidelines. The Court shall have the ultimate determination such notice of whether an Objection has been appropriately madeappearance on all counsel for all Parties. Any Settlement Class Member who does not make his or her objection fails to comply with the provisions of this Section waives and forfeits any and all rights to appear separately and/or to object, and will be bound by all the terms of this Settlement, and by all proceedings, orders, and judgments in the manner provided in this Section shall be deemed to have waived such objection, shall not be permitted to object to any terms or approval of the Settlement at the Final Approval Hearing, and shall be foreclosed from making any objection to the Settlement, unless otherwise ordered by the Courtlitigation.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Objections. Any The Class Member who does not timely and validly exclude himself or herself from Notice shall also provide a procedure for members of the Settlement Class may appear and show cause, if he or she has any reason Classes to object to the Settlementsettlement set forth herein and any of its terms. Any member of the Settlement Classes who wishes to object to the settlement must file a timely written statement of objection with the Clerk of Court, and mail a copy of that objection with the requisite postage to Class Counsel and Counsel for Defendant no later than the objections deadline set by the Court and set forth in the Class Notice. The notice of objection must state the case name and number; providedthe basis for, howeverand an explanation of, the objection; the name, address, telephone number, and email address of the member of the Settlement Classes making the objection; and a statement of whether the member of the Settlement Classes intends to appear at the Fairness Hearing, either with or without counsel. A Settlement Class member who otherwise wishes to speak at the Fairness Hearing shall submit a notice of intent to appear to the Court that no includes the name, address, and telephone number of the person that will appear on behalf the Settlement Class Member member fourteen (14) days before the Fairness Hearing. The filing of an objection allows Class Counsel the option to take the deposition of the objecting individual consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by such individual to make himself or herself available for a deposition or to comply with expedited discovery requests may result in the Court striking such individual’s objection and otherwise denying such individual the opportunity to make an objection or be further heard. The Parties reserve the right to ask the Court to tax the costs of any such discovery to the objecting member of a Settlement Class or such individual’s separate counsel should the Court determine that the objection is frivolous or is made for an improper purpose. In addition, any objection must be personally signed by the member of the Settlement Classes or, if represented by counsel, then by counsel. If the objection is made through an attorney, the written objection must also include: (1) the identity and number of the members of the Settlement Classes represented by objector’s counsel; and (2) the number of such represented members of the Settlement Classes who have opted out of the settlement contemplated by this Agreement. Any member of the Settlement Classes who fails to make objections in the manner specified above shall be heard deemed to have waived any objections and shall be foreclosed from making any objections, whether by appeal or otherwise, to the settlement. No member of the Settlement Classes shall be entitled to contest in any way the approval of the terms and conditions of this Agreement or the proposed Settlement, or, if approved, Order of Final Approval except by filing and serving written objections in accordance with the Final Judgment to be entered thereon approving the same, or any attorney’s fees and expenses to be awarded to Class Counsel or award made to the Class Representatives, unless a written objection is sent to the provisions of this Settlement Administrator at the mailing address listed in the Class Notice no later than thirty (30) days after the Notice Mailing DateAgreement. The written objection must also be mailed to the Clerk of Court no later than thirty (30) days after the Notice Mailing Date. To be valid, the written objection must: (a) identify the case name and number; (b) identify the name, address, telephone number Any member of the Settlement Class Member objecting and, if represented by counsel, of his/her counsel; (c) be personally signed by the person objecting, or if represented by counsel, signed by his/her counsel; (d) the basis and grounds for objection with specificity; and (e) a statement of whether he/she intends Classes who fails to appear at the Final Approval Hearing, either with or without counsel. Within seven (7) days of the Objection Deadline, the Settlement Administrator shall provide a report to the Court setting forth a list of Objections that meet the above guidelines. The Court shall have the ultimate determination of whether an Objection has been appropriately made. Any Settlement Class Member who does not make his or her objection object in the manner provided in this Section prescribed shall be deemed to have waived such objection, shall not be permitted to object to any terms or approval of the Settlement at the Final Approval Hearing, and shall be foreclosed forever from making raising any objection objections to the Settlement, unless otherwise ordered by the Courtsettlement.
Appears in 1 contract
Sources: Settlement Agreement
Objections. Any A Settlement Class Member who does not timely and validly exclude himself or herself from the Settlement Class may appear and show cause, if he or she has any reason to object to the Settlement; provided. To exercise this certified or objection right, however, that no the Settlement Class Member shall be heard or entitled to contest the approval must provide written notice of the terms and conditions of objection via certified or first class mail to the proposed SettlementCourt, or, if approved, the Final Judgment to be entered thereon approving the same, or any attorney’s fees and expenses to be awarded to Class Counsel or award made to the Class Representatives, unless a written objection is sent to the Settlement Administrator at the mailing address listed in the Class Notice no later than thirty (30) days after the Notice Mailing Dateand Defendant’s Counsel. The written objection must also be mailed to the Clerk of Court no later than thirty (30) days after the Notice Mailing Date. To be valid, the written objection mustSuch notice shall state: (a1) identify the case name and number; (b) identify the objector’s full name, address, telephone number of number, and e-mail address; (2) documents or information required on the Claim Form and sufficient to identify the objector as a Settlement Class Member objecting andMember, if represented by counsel, of his/her counselincluding but not limited to the pistols serial number; (c3) be personally signed a written statement of all grounds for the objection accompanied by any legal support for the person objecting, or if represented by counsel, signed by his/her counselobjection; (d4) the basis and grounds for objection with specificityidentity of all counsel representing the objector; and (e5) a statement the identity of whether he/she intends to all counsel representing the objector who may appear at the Final Approval Fairness Hearing; (6) all other cases in which the objector (directly or through counsel) or the objector’s counsel (on behalf of any person or entity) has filed an objection to any proposed class action settlement, either with or without has been a named plaintiff in any class action or served as lead plaintiff class counsel. Within seven , including the case name, court, and docket number for each; (7) days of the Objection Deadline, the Settlement Administrator shall provide a report to the Court setting forth a list of Objections that meet all persons who will be called to testify at the above guidelines. The Court shall have Final Fairness Hearing in support of the ultimate determination objection; (8) a statement confirming whether the objector intends to personally appear and/or testify at the Final Fairness Hearing; and (9) the objector’s signature and the signature of whether an Objection has been appropriately madethe objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation). Any Settlement Class Member who does not make his or her fails to file and serve timely a written objection containing all of the information listed in the manner provided items listed above in this Section shall be deemed the previous paragraph, including notice of his/her intent to have waived such objectionappear at the final approval hearing, shall not be permitted to object to any terms or approval of the Settlement at the Final Approval Hearing, and shall be foreclosed from making seeking any review of the settlement or the terms of the Settlement Agreement by any means, including but not limited to an appeal. Such objection must be postmarked or personally delivered on such schedule as the Court may direct. The submission of an objection allows Class Counsel of SIG ▇▇▇▇▇’▇ Counsel to take the deposition of the objecting Settlement Class Member pursuant to the SettlementFederal Rules of Civil Procedure at an agreed-upon time and location, unless otherwise ordered and to obtain any evidence relevant to the objection. Failure by an objector to make himself or herself available for a deposition or to comply with expedited discovery requests may result in the CourtCourt striking the objection. The Court may tax the costs of any such discovery to the objector or the objector’s counsel if the Court determines that the objection is frivolous or is made for an improper purpose. In seeking Preliminary Approval of this Agreement, the Parties will request that the deadline for submission of notice of objections shall be set on a date no less than sixty (60) days after the publication of the final notice to be published pursuant to Section V. Objections sent by any Settlement Class Member to incorrect locations shall not be valid.
Appears in 1 contract
Sources: Settlement Agreement
Objections. Any Settlement Class Member who does not timely and validly exclude himself or herself from the Settlement Class may appear and show cause, if he or she has any reason intends to object to the Settlement; provided, however, that no Class Member shall be heard or entitled to contest the approval fairness of the terms and conditions of the proposed Settlement, or, if approved, the Final Judgment to be entered thereon approving the same, or any attorney’s fees and expenses to be awarded to Class Counsel or award made to the Class Representatives, unless this settlement must file a written objection is sent with the Court, and provide a copy of the objection to the Settlement Administrator at the mailing address listed in the Claims Administrator, Class Notice Counsel and counsel for ERC no later than thirty (30) days after the Notice Mailing Date. The written objection must also be mailed to the Clerk of Court no later than thirty (30) days after the Notice Mailing Date. To be valid, the written objection must: Objection Deadline as set forth below:
(a) identify In the case name and number; (b) identify written objection, the Settlement Class Member must state his or her full name, address, the reasons for his or her objection, and to ensure membership in the Settlement Class, either:
(1) the Claim Identification Number on the Postcard Notice; or (2) the cellular telephone number of number(s) on which he or she received a Telephone Call. Any supporting documents, evidence, and citations must also be attached to the Objection.
(b) Any Settlement Class Member objecting and, if represented by counsel, of his/her counsel; (c) be personally signed by the person objecting, or if represented by counsel, signed by his/her counsel; (d) the basis and grounds for objection with specificity; and (e) a statement of whether he/she intends to who objects may appear at the Final Approval Hearing, either in person or through an attorney hired at the Settlement Class Member's own expense, to object to the fairness, reasonableness, or adequacy of this Agreement or the settlement. A Settlement Class Member or his or her attorney intending to make an appearance at the Final Approval Hearing: (a) file a notice of appearance with or without counsel. Within seven the Court no later than ten (710) days prior to the Fairness Hearing, or as the Court may otherwise direct; and (b) serve a copy of the Objection Deadlinesuch notice of appearance on all counsel for all Parties. For any attorney representing an objector, the Settlement Administrator attorney shall provide file a report to declaration listing all objections previously filed for anyone, the Court setting forth a list of Objections that meet case name, court, and case number, and how much, if any amount, was paid in connection with the above guidelines. The Court shall have the ultimate determination of whether an Objection has been appropriately madeobjection. Any Settlement Class Member who does not make fails to timely file a written objection with the Court and notice of his or her objection intent to appear at the Final Approval Hearing in accordance with the terms of this Section and as detailed in the manner provided in this Section shall be deemed Notice, and at the same time provide copies to have waived such objectiondesignated counsel for the Parties, shall not be permitted to object to any terms or approval of the Settlement this Agreement at the Final Approval Hearing, and shall be foreclosed from seeking any review of this Agreement by appeal or other means, and shall be deemed to have waived his or her objections and be forever barred from making any objection to such objections in the Settlement, unless otherwise ordered by the CourtAction or any other action or proceeding.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Objections. Any Class Member who does not timely and validly exclude himself costs, and/or the Service Award must be filed or herself from the Settlement Class may appear and show cause, if he or she has any reason to object to the Settlement; provided, however, that no Class Member shall be heard or entitled to contest the approval of the terms and conditions of the proposed Settlement, or, if approved, the Final Judgment to be entered thereon approving the same, or any attorney’s fees and expenses to be awarded to Class Counsel or award made to the Class Representatives, unless a written objection is sent to the Settlement Administrator at the mailing address listed in the Class Notice no later than thirty (30) days after the Notice Mailing Date. The written objection must also be mailed to the Clerk of the Court and mailed to the Settlement Administrator. For an objection to be considered by the Court, the objection must be submitted no later than thirty the Opt-Out and Objection Deadline, as specified in the Notice. If submitted by mail, an objection shall be deemed to have been submitted when posted if received with a postmark date on or before the Opt-Out and Objection Deadline indicated on the envelope if mailed first class, postage prepaid and addressed in accordance with the instructions. If submitted by private courier (30) days after e.g., Federal Express), an objection shall be deemed to have been submitted on the Notice Mailing Date. To shipping date reflected on the shipping label.
a. For an objection to be validconsidered by the Court, the objection must also set forth:
i. dress, email address (if any), and telephone number;
ii. whether the Settlement Class Member is represented by counsel and, if so, contact information for his or her counsel;
iii. evidence showing that the objector is a Settlement Class Member;
iv. whether the objection applies to that Settlement Class Member or to a specific subset of the Settlement Class, or to the entire Settlement Class, and state with specificity the grounds for the objection;
v. any other supporting papers, materials, or brief that the Settlement Class Member wishes the Court to consider when reviewing the objection;
vi. the actual written objection must: (a) identify the case name and number; (b) identify the name, address, telephone number or electronic signature of the Settlement Class Member
vii. if that Settlement Class Member objecting and, if represented by counsel, of his/and/or his or her counsel; (c) be personally signed by the person objecting, or if represented by counsel, signed by his/her counsel; (d) the basis and grounds for objection with specificity; and (e) a statement of whether he/she counsel intends to appear at the Final Approval Hearing, either with or without counsel. Within seven (7) days of a statement notifying the Objection Deadline, the Settlement Administrator shall provide a report to Parties and the Court setting forth a list of Objections that meet the above guidelines. The Court shall have the ultimate determination of whether an Objection has been appropriately made. intention to appear (this may be filed separately).
b. Any Settlement Class Member who does not make his or her fails to file and timely serve a written objection as detailed in the manner provided in this Section shall be deemed to have waived such objection, Notice shall not be permitted to object to any terms or the approval of the Settlement and shall be foreclosed from seeking any review of the Settlement or the terms of the Agreement by appeal or other means.
c. Any Settlement Class Member who fails to file and timely serve a notice of intention to appear (which may be included in the written objection) as detailed in the Notice shall not be permitted to appear at the Final Approval Hearing, and shall be foreclosed from making any objection to the Settlement, unless otherwise ordered by the Court.
Appears in 1 contract
Sources: Settlement Agreement