Objections. 68. Settlement Class Members may object to this Agreement up to and including the date set by the Court in the Preliminary Approval Order, which shall be approximately forty-five (45) days following the Notice Deadline (“Objection Deadline”). 69. The Parties will request that the Court order that any Settlement Class Member who has any objection to certification of the Settlement Class, to approval of this Settlement Agreement or any of its terms, or to the approval process must send his or her objection to the Settlement Administrator, Class Counsel, and Defendant’s Counsel providing: a. the case name and case number(s) of this Litigation; b. the objector’s full name, current address and phone number; c. the phone number on which he or she allegedly received an unauthorized phone Call from Defendant; d. the reasons why the objector objects to the Settlement along with any supporting materials; e. the identity of any lawyer who assisted, provided advice, or represents the objecting Settlement Class Member as to this case or such objection; and, f. the objector’s signature. 70. The Parties will request that the Court set the Objection Deadline approximately forty-five (45) days after the Notice Deadline. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled to be heard at the Final Approval Hearing (whether individually or through the objector’s counsel), or to object to certification of the Class or to the Settlement Agreement, and no written objections or briefs submitted by any Settlement Class Member shall be received or considered by the Court at the Final Approval Hearing, unless written notice of the Settlement Class Member’s objection and any brief in support of the objection have been served upon the Counsel not later than the Objection Deadline. 71. The Parties will request that the Court order that Settlement Class Members who fail to file and serve timely written objections in accordance with this Section shall be deemed to have waived any objections and shall be foreclosed from making any objection to the certification of the Settlement Class or to the Settlement Agreement.
Appears in 3 contracts
Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement
Objections. 68. Settlement Class Members may object to this Agreement up to and including the date set by the Court in the Preliminary Approval Order, which shall be approximately forty-five (45) days following the Notice Deadline (“Objection Deadline”).
69. The Parties will request that the Court order that any Any Settlement Class Member who has any does not submit a written Request for Exclusion may present a written objection to certification of the Settlement Class, to approval of this explaining why he or she believes that the Settlement Agreement or any of its termsshould not be approved by the Court as fair, or reasonable, and adequate. A Settlement Class Member who wishes to the approval process submit an objection must send his or her objection deliver to the Settlement Administrator, so that it is postmarked by the Objection and Opt-Out Deadline, a detailed written statement of the objection(s) and the aspect(s) of the Settlement being challenged, as well as the specific reasons, if any, for each such objection, including any evidence and legal authority that the Settlement Class CounselMember wishes to bring to the Court’s attention.
a. That written statement shall contain (a) the Settlement Class Member’s printed name, address, telephone number, and Defendant’s Counsel providing:
a. the case name and case number(sdate of birth; (b) of this Litigation;
b. the objector’s full name, current address and phone number;
c. the phone number on which he or she allegedly received an unauthorized phone Call from Defendant;
d. the reasons why evidence showing that the objector objects to is a Settlement Class Member, including the address of the structure that contains or contained a Covered Product and proof that the structure contains or contained a Covered Product (photographs, contemporaneous installation records, etc.); (c) any other supporting papers, materials, or briefs that the Settlement along with any supporting materials;
e. Class Member wishes the identity Court to consider when reviewing the objection; (d) the actual written signature of any lawyer who assisted, provided advice, or represents the Settlement Class Member making the objection; and (e) a statement indicating whether the objecting Settlement Class Member as and/or his or her counsel intend to this case or such objection; and,
f. the objector’s signature.
70. The Parties will request that the Court set the Objection Deadline approximately forty-five (45) days after the Notice Deadline. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled to be heard appear at the Final Approval Hearing (whether individually or through the objector’s counsel), or to object to certification of the Class or to the Settlement Agreement, and no written objections or briefs submitted by any Hearing. If a Settlement Class Member or counsel for the Settlement Class Member who submits an objection to this Settlement has objected to a class action settlement on any prior occasion, the objection shall also disclose all cases in which they have filed or otherwise submitted an objection by caption, court and case number, and for each case, the disposition of the objection.
b. A Settlement Class Member may object on his or her own behalf or through an attorney; however, even if represented, the Settlement Class Member must individually sign the objection and all attorneys who are involved in any way asserting objections on behalf of the Settlement Class Member must be received listed on the objection papers. Counsel for the Parties may take the sworn deposition (which may be recorded by a stenographer and/or by video) of any objector prior to the Final Approval Hearing either virtually or considered in a location convenient for the objector. Such depositions may not exceed eight (8) hours in length absent permission from the Court. Transcripts and/or videos of any deposition taken pursuant to this paragraph may be admissible as evidence and/or for use by the Court Parties at the Final Approval Hearing.
c. The Settlement Administrator shall provide counsel for the Parties with copies of any objections received by it on a weekly basis by email. The Settlement Administrator will also provide copies of all objections to counsel for any Party upon request.
d. Any objector who files and serves a timely written objection as described above may appear at the Final Approval Hearing, unless written notice either in person at their own expense or through personal counsel hired at the objector’s expense, to object to the fairness, reasonableness, or adequacy of any aspect of the Settlement Class Member’s objection and any brief on the basis set forth in support his or her objection, provided that they stated their intention to do so in the written statement described in Paragraph 30(a). For the avoidance of doubt, objectors and/or their counsel shall not have a right to appear at the objection have been served upon Final Approval Hearing unless they stated their intention to do so in the Counsel not later than the Objection Deadlinewritten statement described in Paragraph 30(a).
71. The Parties will request that the Court order that e. Any Settlement Class Members Member who fail fails to file comply with the provisions of Paragraphs 30.a.-d. shall waive and serve timely written objections in accordance with this Section shall be deemed forfeit any and all rights that he, she, or it may have to have waived any objections appear separately and/or to object to the Settlement, and shall be foreclosed from making bound by all terms of this Settlement Agreement and by all proceedings, orders and judgments in the Litigation, including but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any objection Released Party relating to the certification of the Settlement Class or to the Settlement AgreementReleased Claims.
Appears in 3 contracts
Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement
Objections. 68. Settlement Class Members may object to this Agreement up to and including the date set by the Court in the Preliminary Approval Order, which shall be approximately forty-five (45) days following the Notice Deadline (“Objection Deadline”).
69. The Parties will request that the Court order that any 9.1 Each Settlement Class Member who has any objection does not file a timely Request for Exclusion may send a notice of intent to certification of the Settlement Class, to approval of this Settlement Agreement or any of its terms, or object to the approval process must settlement (an “Objection Notice”) or may appear at the Final Approval Hearing to state an objection. The Class Notice shall instruct Settlement Class Members who wish to object to the Agreement to send his or her objection their Objection Notices to the Settlement AdministratorAdministrator or appear the at Final Approval Hearing. The Class Notice shall make clear that the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices.
9.2 Any Settlement Class Member who submits an Objection Notice must include in any such Notice: (i) his/her full name, Class Counseladdress, telephone number, and Defendant’s Counsel providing:
a. e-mail address; (ii) the case name and case number(snumber of the Action; (iii) of this Litigation;
b. the reason for the objection and (iv) the objector’s full namesignature or the signature of someone authorized to sign on the objector’s behalf. If represented by counsel, current address and phone number;
c. the phone number on which he or she allegedly received an unauthorized phone Call from Defendant;
d. the reasons why the objector objects to the Settlement along with any supporting materials;
e. the identity of any lawyer who assisted, provided advice, or represents the objecting Settlement Class Member as to this case or such objection; and,
f. must also provide the objector’s signaturename and telephone number of his/her counsel.
70. The Parties will request that the Court set the Objection Deadline approximately forty-five (45) days after the Notice Deadline. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no 9.3 Any Settlement Class Member shall be entitled who fails to be heard timely submit an Objection Notice or appear at the Final Approval Hearing (whether individually or through the objector’s counsel), or shall not be permitted to object to certification of the Class or to the Settlement Agreement, and no written objections or briefs submitted by any Settlement Class Member shall be received or considered by the Court at the Final Approval Hearing, unless written notice approval of the Settlement Class Member’s objection and shall be foreclosed form seeking any brief in support review of the objection have been served upon Settlement or the Counsel not terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no later than the Objection Deadline.
719.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Parties will request that the Court order that Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to file and serve timely written objections in accordance with this Section shall follow up regarding their final choice will be deemed to have waived any objections excluded themselves and shall will be foreclosed from making any objection considered to the certification of the Settlement Class or to the Settlement Agreementhave forfeited their objection.
Appears in 3 contracts
Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement
Objections. 68. Settlement Class Members may object to this Agreement up to and including the date set by the Court in the Preliminary Approval Order, which shall be approximately forty-five (45) days following the Notice Deadline (“Objection Deadline”).
69. The Parties will request that the Court order that any Any Settlement Class Member who has any does not submit a written Request for Exclusion may appear at the Final Approval Hearing or submit a written objection to certification the Settlement explaining why they believe that the Settlement should not be approved by the Court as fair, reasonable, and adequate.
a. A Settlement Class Member who wishes to object or appear must file with the Clerk of the Court, at the address identified on the Settlement ClassWebsite, to approval of this Settlement Agreement or any of its terms, or to the approval process must send his or her objection 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 CounselMember wishes to bring to the Court’s attention; and whether any objection applies only to the objector, and Defendant’s Counsel providing:to a specific subset of the class, or to the entire class.
a. b. That written statement shall clearly identify the case name and case number(snumber, and in addition to the details set forth above with respect to the objection, shall contain (i) of this Litigation;
b. the objectorSettlement Class Member’s full printed name, current address address, telephone number, and phone number;
c. the phone number on which he or she allegedly received an unauthorized phone Call from Defendant;
d. the reasons why email address; (ii) evidence showing that the objector objects to is a Settlement Class Member; (iii) any other supporting papers, materials, or briefs that the Settlement along with any supporting materials;
e. Class Member wishes the identity Court to consider when reviewing the objection; (iv) the actual written signature of any lawyer who assisted, provided advice, or represents the Settlement Class Member making the objection; and (v) a statement of whether the objecting Settlement Class Member as or their counsel intends to this case or such objection; and,
f. the objector’s signature.
70. The Parties will request that the Court set the Objection Deadline approximately forty-five (45) days after the Notice Deadline. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled to be heard appear at the Final Approval Hearing (whether individually Hearing.
c. A Settlement Class Member may object on their own behalf or through an attorney; provided, however, that even if represented, the objector’s counsel)objector must individually sign the objection, or to object to certification of and timely file the Class or objection and mail a copy to the Settlement AgreementAdministrator. All attorneys who are involved in any way in asserting the objection 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 no serves a valid and timely written objections objection or briefs submitted by any Settlement Class Member shall be received or considered by the Court intends to appear as described above may appear at the Final Approval Hearing, unless either in person or through separate counsel hired at the objector’s expense, to object to the 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 summary of any witness testimony the Settlement Class Member’s objection and any brief in support of the objection have been served upon the Counsel not later than the Objection DeadlineMember intends to present during their appearance.
71. The Parties will request that the Court order that f. Any Settlement Class Members Member who fail does not comply with the foregoing provisions shall waive and forfeit any and all rights to file and serve timely written objections in accordance with this Section shall be deemed object to have waived any objections the Settlement, and shall be foreclosed from making any objection bound by all terms of this Settlement Agreement and by all proceedings, orders and judgments in the Litigation, including but not limited to the certification Release and the Final Approval Order and Judgment.
g. A member of the Settlement Class or who submits a valid Request for Exclusion may not object to the Settlement Agreementor 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 will ensure that all such requests submitted prior to the date of the Final Approval Hearing are forwarded prior to the Final Approval Hearing.
Appears in 2 contracts
Sources: Class Action Settlement Agreement, Class Action Settlement Agreement
Objections. 68
11.1. Settlement Class Members shall have the right to object to this Settlement and to appear and show cause, if they have any reason why the terms of this Agreement should not be given final approval, pursuant to this Paragraph 11.
11.2. A Settlement Class Member may object to the settlement contemplated in this Agreement up to and including the date set by the Court in the Preliminary Approval Order, which shall be approximately forty-five (45) days following the Notice Deadline (“Objection Deadline”).
69. The Parties will request that the Court order that any Settlement Class Member who has any objection to certification of the Settlement Class, to approval of this Settlement Agreement or any of its terms, or to the approval process must send either on his or her own without an attorney, or through an attorney hired at his or her own expense.
11.3. Any person who submits a Request for Exclusion as provided herein may not submit an objection to the Settlement Administrator, Class Counsel, and Defendant’s Counsel providing:contemplated in this Agreement.
a. the case name and case number(s) of this Litigation;
b. the objector’s full name, current address and phone number;
c. the phone number on which he or she allegedly received an unauthorized phone Call from Defendant;
d. the reasons why the objector objects 11.4. Any objection to the Settlement along contemplated in this Agreement must be in writing, signed by the Settlement Class Member (and his or her attorney, if individually represented), filed with any supporting materials;the Court, with a copy delivered to Class Counsel and Wyndham Hotels’ Counsel at the addresses set forth in the Class Notice, no later than thirty (30) calendar days before the final approval hearing.
e. 11.5. Any objection regarding or related to the identity of any lawyer who assistedSettlement contemplated in this Agreement shall contain a caption or title that identifies it as “Objection to Class Settlement in Luca v. Wyndham Hotel Group, provided adviceLLC, No. 1:16-cv-746-MRH.”
11.6. Any objection regarding or represents related to the Settlement contemplated in this Agreement shall contain: information sufficient to identify and contact the objecting Settlement Class Member as to this case (and his or such objectionher individually hired attorney, if any); and,
f. the objector’s signature.
70. The Parties will request that the Court set the Objection Deadline approximately forty-five (45) days after the Notice Deadline. The Parties will request that the Court order that failure to comply timely a clear and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled to be heard at the Final Approval Hearing (whether individually or through the objector’s counsel), or to object to certification of the Class or to the Settlement Agreement, and no written objections or briefs submitted by any Settlement Class Member shall be received or considered by the Court at the Final Approval Hearing, unless written notice concise statement of the Settlement Class Member’s objection; the date(s) and location(s) where the objector paid a Resort Fee; the facts supporting the objection; a specific statement of the legal grounds on which the objection is based, including whether it applies only to the objector, to a specific subset of the class, or to the entire class; the number of times in which the objector and/or his or her counsel 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 and/or his or her counsel has made such objection and a copy of any brief orders related to or ruling upon the objector’s prior such objections that were issued by the trial and appellate courts in each listed case, the identity of any former or current counsel who may be entitled to compensation for any reason related to the objection to the Agreement; 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 (5) years preceding the date that the objector files the objection, the caption of each case in which the counsel or the firm has made such objection and a copy of any orders related to or ruling upon counsel’s or the firm’s prior such objections that were issued by the trial and appellate courts in each listed case; any and all agreements that relate to the objection or the process of objecting – whether written or verbal – between objector or objector’s counsel and any other person or entity; a list of all persons who will be called to testify at the final approval hearing in support of the objection have been served upon objection; and a statement confirming whether the Counsel not later than objector intends to personally appear and/or testify at the Objection Deadlinefinal approval hearing.
7111.7. The Parties will request that Any objection shall include documents sufficient to establish the Court order that basis for the objector’s standing as a Settlement Class Members who fail to file and serve timely written objections in accordance with this Section shall be deemed to have waived any objections and shall be foreclosed from making any objection to the certification of Member, such as an itemized invoice, receipt, folio, or similar document showing: (i) the Settlement Class Member’s name, (ii) the name of the Wyndham-affiliated Hotel where the Settlement Class Member stayed, (iii) the dates of the stay, and (iv) the amount of the Resort Fee assessed.
11.8. Class Counsel and Wyndham Hotels’ Counsel shall have the right to respond to any objection no later than seven (7) calendar days prior to the final approval hearing. The Party so responding shall file a copy of the response with the Court, and shall serve a copy by email, first-class mail, or overnight delivery service to the objecting Settlement Class Member or to the individually hired attorney for the objecting Settlement AgreementClass Member; to Class Counsel; and to Wyndham Hotels’ Counsel.
11.9. If an objecting Settlement Class Member chooses to appear at the hearing, no later than fifteen (15) calendar days before the final approval hearing, a Notice of Intention to Appear must be filed with the Court and list the name, address and telephone number of the attorney, if any, who will appear.
Appears in 2 contracts
Sources: Class Action Settlement Agreement, Class Action Settlement Agreement
Objections. 68. Settlement Class Members may object to this Agreement up to and including the date set by the Court in the Preliminary Approval Order, which shall be approximately forty-five (45) days following the Notice Deadline (“Objection Deadline”).
69. The Parties will request that the Court order that any Any Settlement Class Member who has any does not submit a written Request for Exclusion may submit a written objection to certification the Settlement explaining why he or she believes that the Settlement should not be approved by the Court as fair, reasonable and adequate.
a. A Settlement Class Member who wishes to object must mail the Settlement Administrator a detailed written statement, postmarked by the Objection and Opt-Out Deadline, stating the objection(s) in detail and the specific aspect(s) of the Settlement Classbeing challenged; the specific reason(s), if any, for each such objection, including any evidence and legal authority that the Settlement Class Member wishes to bring to the Court’s attention; and whether the objection applies only to the objector, to approval a specific subset of this Settlement Agreement or any of its termsthe class, or to the approval process must send his or her objection to the Settlement Administrator, Class Counsel, and Defendant’s Counsel providing:entire class.
a. b. That written statement shall clearly identify the case name and case number(snumber, and contain (i) of this Litigation;
b. the objectorSettlement Class Member’s full printed name, current address address, telephone number, and phone number;
c. the phone number on which he or she allegedly received an unauthorized phone Call from Defendant;
d. the reasons why email address; (ii) evidence showing that the objector objects to is a Settlement Class Member, including the address of the dwelling or business location that contains or contained a Covered Model and documentary proof that the objector purchased a Covered Model; (iii) any other supporting papers, materials, or briefs that the Settlement along with any supporting materials;
e. Class Member wishes the identity Court to consider when reviewing the objection; (iv) the actual written signature of any lawyer who assisted, provided advice, or represents the Settlement Class Member making the objection; and (v) a statement whether the objecting Settlement Class Member as and/or his or her counsel intend to this case or such objection; and,
f. the objector’s signature.
70. The Parties will request that the Court set the Objection Deadline approximately forty-five (45) days after the Notice Deadline. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled to be heard appear at the Final Approval Hearing (whether individually or through the objector’s counsel), or to object to certification of the Class or to the Settlement Agreement, and no written objections or briefs submitted by any Hearing.
c. A Settlement Class Member may object on his or her own behalf or through an attorney; provided, however, that even if represented, the objector must individually sign the objection and all attorneys who are involved in any way in asserting the objection must be listed on the objection.
d. The Settlement Administrator shall be provide counsel for the Parties with copies of any objections received or considered by the Court it on a weekly basis.
e. Any objector who files and serves a valid and timely written objection as described above may appear at the Final Approval Hearing, unless written notice either in person or through separate counsel hired at the objector’s expense, to object to any aspect of the Settlement Class Member’s objection and on the basis set forth in his or her objection; provided, however, that any brief objector or attorney for an objector who intends to make an appearance at the Final Approval Hearing must in support of the objection have been served upon the Counsel not later than the Objection Deadlinestate their intention to appear.
71. The Parties will request that the Court order that f. Any Settlement Class Members Member who fail does not comply with the foregoing provisions shall waive and forfeit any and all rights that he, she, or it may have to file and serve timely written objections in accordance with this Section shall be deemed object to have waived any objections the Settlement, and shall be foreclosed from making any objection bound by all terms of this Settlement Agreement and by all proceedings, orders and judgments in the Litigation, including but not limited to the certification of Release and the Final Approval Order and Judgment, even if such Settlement Class Member has litigation pending or subsequently initiates litigation against any Released Party relating to the Released Claims.
g. A Settlement Class Member who objects can withdraw their objection on or before the Objection and Opt-Out Deadline by submitting a signed written request or email containing an electronic signature to the Settlement AgreementAdministrator stating their desire to withdraw their objection.
Appears in 1 contract
Sources: Settlement Agreement
Objections. 68. Settlement The Notice shall explain that the procedure for Class Members may to object to this Agreement up the Settlement is by submitting written objections to and including the date set by the Court no later than sixty (60) days after the Notice Date. Any Class Member may enter an appearance in the Preliminary Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval OrderHearing and show cause, which shall if any, for why the Settlement should not be approximately forty-five approved as fair, reasonable, and adequate to the Class, why a final Judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this paragraph. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (4560) days following the Notice Deadline Date. All written objections and supporting papers must clearly:
(“Objection Deadline”).a) state the Class Member’s full name, current mailing address, and telephone number;
69. The Parties will request (b) include proof that the Court order that any Settlement Class Member who has any objection to certification is a member of the Settlement ClassClass (e.g., copy of the Settlement Notice, copy of the original notice of the Data Incident);
(c) identify the specific factual and legal grounds for the objection;
(d) identify all counsel representing the Class Member, if any;
(e) include a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to approval any proposed class action settlement in the past five (5) years; and
(f) contain a statement regarding whether the Class Member (or counsel of this Settlement Agreement or any of its terms, or to the approval process must send his or her objection choosing) intends to appear at the Final Approval Hearing. All objections must be submitted to the Settlement Administrator, Class CounselCounsel identified below, and Defendant’s Counsel providing:
a. the case name and case number(s) of this Litigation;
b. the objector’s full name, current address and phone number;
c. the phone number on which he or she allegedly received an unauthorized phone Call from Defendant;
d. the reasons why the objector objects to the Settlement along with any supporting materials;
e. Court either by mailing them to: Clerk in the identity Action, United States District Court for the Eastern District of any lawyer who assistedPennsylvania, provided advice▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, filing them in person in the Action at the Courthouse, or represents the objecting Settlement Class Member as to this case or such objection; and,
f. the objector’s signature.
70. The Parties will request that the Court set the Objection Deadline approximately forty-five (45) days after the Notice Deadline. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled to be heard at the Final Approval Hearing (whether individually or filing them through the objectorCourt’s counsel), Electronic Claims Filing system. All objections must be filed or to object to certification of the Class postmarked on or to the Settlement Agreement, and no written objections or briefs submitted by any Settlement Class Member shall be received or considered by the Court at the Final Approval Hearing, unless written notice of the Settlement Class Member’s objection and any brief in support of the objection have been served upon the Counsel not later than before the Objection Deadline.
71, as set forth above. The Parties will request that the Court order that Settlement Any Class Members Member who fail to file and serve timely written does not make their objections in accordance with the manner and by the date set forth in this Section paragraph shall be deemed to have waived any objections and shall be foreclosed forever barred from making any objection to the certification of the Settlement Class or to the Settlement Agreementraising such objections.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Objections. 68. Settlement Class Members may object to this Agreement up to and including the date set by the Court in the Preliminary Approval Order, which shall be approximately forty-five (45) days following the Notice Deadline (“Objection Deadline”).
69. The Parties will request that the Court order that any 5.3.1 Any Settlement Class Member who has any objection to certification of the Settlement Class, to approval of this Settlement Agreement or any of its terms, or to the approval process must send his or her does not submit a written request for exclusion may make an objection to the Settlement Administratorexplaining why he or she believes that the Settlement should not be approved by the Court as fair, Class Counselreasonable, and Defendantadequate.
5.3.2 A Settlement Class Member who wishes to object in writing must mail the Settlement Administrator a detailed written statement, postmarked by the Objection and Opt-Out Deadline, stating the objection(s) in detail and the specific aspect(s) of the Settlement being challenged; the specific reason(s), if any, for each such objection, and including any evidence and legal authority supporting the Settlement Class Member’s Counsel providing:objection.
a. 5.3.3 That written statement shall clearly identify the case name and case number(snumber, and contain and/or attach: (i) of this Litigation;
b. the objectorSettlement Class Member’s full printed name, current address and phone number;
c. the phone number on which he or she allegedly received an unauthorized phone Call from Defendant;
d. the reasons why ; (ii) evidence showing that the objector objects to is a Settlement Class Member, including proof of purchase evidence showing purchase of the Covered Solar Modules; (iii) a detailed statement of the objection and any other supporting papers, materials, or briefs that the Settlement along with any supporting materials;
e. Class Member wishes the identity Court to consider when reviewing the objection; (iv) the actual written signature of any lawyer who assisted, provided advice, or represents the Settlement Class Member making the objection; and (v) a statement whether the objecting Settlement Class Member as and/or his or her counsel intend to this case or such objection; and,
f. the objector’s signature.
70. The Parties will request that the Court set the Objection Deadline approximately forty-five (45) days after the Notice Deadline. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled to be heard appear at the Final Approval Hearing (whether individually or through the objector’s counsel), or to object to certification of the Class or to the Settlement Agreement, and no written objections or briefs submitted by any Hearing.
5.3.4 A Settlement Class Member shall may object on his or her own behalf or through an attorney; provided, however, that even if represented, the objector must individually sign any written objection and all attorneys who are involved in any way in asserting the objection must be received or considered by listed on the Court objection.
5.3.5 Regardless of whether a Settlement Class Member submits a written objection as described above, a Settlement Class Member may appear at the Final Approval Hearing, unless either in person or through separate counsel hired at the objector’s expense, to object to any aspect of the Settlement.
5.3.6 Any Settlement Class Member who does not comply with the foregoing provisions shall waive and forfeit any and all rights that he or she may have to object to the Settlement and shall be bound by all terms of this Settlement Agreement and by all proceedings, orders and judgments in the Litigation, including but not limited to the release contained in this Agreement and the Final Approval Order.
5.3.7 A Settlement Class Member who objects can withdraw their objection before commencement of the Final Approval Hearing by submitting a signed written notice of request or email containing an electronic signature with the Court and/or to the Settlement Administrator stating their desire to withdraw their objection.
5.3.8 Neither SunPower, Plaintiffs, Class Counsel, nor the Settlement Class Member’s objection and Members shall be responsible for fees, costs, or expenses related to any brief in support of the objection have been served upon the Counsel not later than the Objection Deadline.
71. The Parties will request that the Court order that Settlement Class Members who fail to file and serve timely written submit objections in accordance with this Section shall be deemed to have waived any objections and shall be foreclosed from making any objection to the certification of the Settlement Class or to the Settlement Agreementor related to any appeal by an objector, unless ordered by the Court.
Appears in 1 contract
Sources: Settlement Agreement
Objections. 68. Any Settlement Class Members may member who intends to object to this Agreement up to and including the date set fairness of the settlement must file a timely written objection with the Court by the Court in the Preliminary Approval Order, which shall be approximately forty-five (45) days following the Notice Objection Deadline (“Objection Deadline”).
69. The Parties will request that the Court order that any Settlement Class Member who has any objection to certification of the Settlement Class, to approval of this Settlement Agreement or any of its terms, or to the approval process must send at his or her objection to own expense, with a copy served on the Settlement Administrator, Class Counsel, and Defendant’s Cruise Defendants’ Counsel providingat the addresses provided in the Class Notice, which written objection must contain the following:
a. (a) the case name and case number(s) of this Litigation;
b. the objector’s full name, current address address, telephone number, the signature of the objecting Class Member and phone numbera statement under penalty of perjury that the Settlement Class Member is a member of the Settlement Class and the information required on the claim form;
c. (b) state whether the phone number Objection is made on which he the Settlement Class Member’s behalf only or she allegedly received an unauthorized phone Call from Defendanton behalf of other Class Members;
d. (c) identify any lawyer that was consulted as to such objection or this Action;
(d) the specific reasons why for the objector objects objecting Settlement Class Member’s objection to the Settlement along with any supporting materialsSettlement, and a detailed statement of the legal basis for such objections;
e. (e) the identity of any lawyer all witnesses, including the witnesses’ name and address, and a summary of such witnesses’ proposed testimony who assisted, provided advice, or represents the objecting Settlement Class Member as may call to this case or testify at the Final Approval Hearing;
(f) produce and attach to the objection copies of all evidence such objection; and,
f. the objector’s signature.
70. The Parties will request that the Court set the Objection Deadline approximately forty-five (45) days after the Notice Deadline. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no objecting Settlement Class Member shall be entitled may offer at the Final Approval Hearing;
(g) a statement whether the objecting Settlement Class Member and/or his/her attorney(s) intend to be heard appear at the Final Approval Hearing. Any attorney of an objecting Settlement Class Member who intends to appear at the Final Approval Hearing (whether individually or through must enter a written Notice of Appearance of Counsel with the objector’s counsel), or to object to certification Clerk of the Class Court no later than the date set by the Court in its Preliminary Approval Order and shall include the full caption and case number of each previous class action case in which such counsel has represented an objector; and
(h) The Parties shall have the right to depose or to the Settlement Agreement, and no written objections or briefs submitted by seek discovery from any objecting Settlement Class Member shall be received or considered by to assess whether the Court at the Final Approval Hearing, unless written notice of the Settlement Class Member’s objection and any brief in support of the objection have been served upon the Counsel not later than the Objection Deadlineobjector has standing.
71. The Parties will request that the Court order that Settlement Class Members who fail to file and serve timely written objections in accordance with this Section shall be deemed to have waived any objections and shall be foreclosed from making any objection to the certification of the Settlement Class or to the Settlement Agreement.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Objections. 68. Settlement Class Members may shall be permitted to object to this Agreement up to and including the date Settlement, provided that they comply with the requirements for filing an objection as set by the Court forth in the Preliminary Approval Order, which shall be approximately forty-five (45) days following Order and the Notice Deadline (“Objection Deadline”).
69Class Notice. The Parties will request that Class Notice shall advise the Court order that any Settlement Class Member who has any objection to certification Members of the Settlement Class, to approval of this Settlement Agreement or any of its terms, or to the approval process must send his or her objection to the Settlement Administrator, Class Counsel, and Defendant’s Counsel providing:
a. the case name and case number(s) of this Litigation;
b. the objector’s full name, current address and phone number;
c. the phone number on which he or she allegedly received an unauthorized phone Call from Defendant;
d. the reasons why the objector objects to the Settlement along with any supporting materials;
e. the identity of any lawyer who assisted, provided advice, or represents the objecting Settlement Class Member as to this case or such objection; and,
f. the objector’s signature.
70. The Parties will request that the Court set the Objection Deadline approximately forty-five (45) days after the Notice Deadline. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled to be heard at the Final Approval Hearing (whether individually or through the objector’s counsel), or their rights to object to certification of the Class or to the Settlement Agreement. Objections to this Settlement Agreement, and no written objections or briefs any papers submitted by any Settlement Class Member in support of said objection, shall be received or considered by the Court at the Final Approval Hearing if and only if, on or before the Objection/Exclusion Deadline approved by the Court and specified in the Class Notice, the Person making an objection files notice of his or her intention to do so and at the same time (a) files copies of such papers he or she proposes to submit at the Final Approval Hearing with the Clerk of the Court and (b) sends copies of such papers via mail, hand delivery, or overnight delivery service to both Class Counsel and ▇▇▇▇▇▇’s Counsel. Any Settlement Class Member who intends to object to this Settlement Agreement must include: his or her full name, address and email; all grounds for the objection along with factual and legal support, including without waiver documentation or evidencing purportedly proving the same, for the stated objection; and the identity of any other class action cases to which the Person objected in the previous four (4) years. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his or her counsel. If a Settlement Class Member hires an attorney in connection with making an objection, that attorney must also file with the Court a notice of appearance by the objection deadline. Although an objector’s attendance at the Final Approval Hearing is not mandatory, an objector who intends to attend the Final Approval Hearing must indicate in his or her written objection his or her intention to appear at the Final Approval Hearing on his or her own behalf or through counsel. For any Settlement Class Member who timely files a written objection and who indicates an intention to appear at the Final Approval Hearing on his or her own behalf or through counsel, such Settlement Class Member must also include in his or her written objection the identity of any witnesses he or she may call to testify, and all exhibits he or she intends to introduce into evidence at the Final Approval Hearing, unless written notice of the Settlement Class Member’s objection and any brief in support of the objection have been served upon the Counsel not later than the Objection Deadlinewhich shall also be attached.
71. The Parties will request that the Court order that Settlement Class Members who fail to file and serve timely written objections in accordance with this Section shall be deemed to have waived any objections and shall be foreclosed from making any objection to the certification of the Settlement Class or to the Settlement Agreement.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Objections. 68. Settlement Class Members may object to this Agreement up to and including the date set by the Court in the Preliminary Approval Order, which shall be approximately forty-five (45) days following the Notice Deadline (“Objection Deadline”).
69. The Parties will request that the Court order that any Any Settlement Class Member who has any objection to certification of the Settlement Class, to approval of this Settlement Agreement or any of its terms, or to the approval process must send his or her does not submit a written Request for Exclusion may present a written objection to the Settlement Administrator, Class Counsel, and Defendant’s Counsel providing:
a. the case name and case number(s) of this Litigation;
b. the objector’s full name, current address and phone number;
c. the phone number on which explaining why he or she allegedly received believes that the Settlement Agreement should not be approved by the Court as fair, reasonable and adequate. A Settlement Class Member who wishes to submit an unauthorized phone Call from Defendant;
d. the reasons why the objector objects objection must deliver to the Settlement along with Administrator so that it is postmarked by the Objection and Opt-Out Deadline, a detailed written statement of the objection(s) and the aspect(s) of the Settlement being challenged, as well as the specific reasons, if any, for each such objection, including any evidence and legal authority that the Settlement Class Member wishes to bring to the Court’s attention.
a. That written statement shall contain (a) the Settlement Class Member’s printed name, address, telephone number, and date of birth; (b) evidence showing that the objector is a Settlement Class Member, including the address of the structure that contains or contained a Covered Product and proof that the structure contains or contained a Covered Product (photographs, contemporaneous installation records, etc.); (c) any other supporting papers, materials;
e. the identity of any lawyer who assisted, provided advice, or represents briefs that the Settlement Class Member wishes the Court to consider when reviewing the objection; (d) the actual written signature of the Settlement Class Member making the objection; and (e) a statement whether the objecting Settlement Class Member as and/or his or her counsel intend to this case or such objection; and,
f. the objector’s signature.
70. The Parties will request that the Court set the Objection Deadline approximately forty-five (45) days after the Notice Deadline. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled to be heard appear at the Final Approval Hearing (whether individually or through the objector’s counsel), or to object to certification of the Class or to the Settlement Agreement, and no written objections or briefs submitted by any Hearing.
b. A Settlement Class Member may object on his or her own behalf or through an attorney; however, even if represented, the Settlement Class Member must individually sign the objection and all attorneys who are involved in any way asserting objections on behalf of the Settlement Class Member must be listed on the objection papers. Counsel for the Parties may take the deposition of any objector prior to the Final Approval Hearing in a location convenient for the objector.
c. The Settlement Administrator shall be provide counsel for the Parties with copies of any objections received or considered by the Court it on a weekly basis by email.
d. Any objector who files and serves a timely written objection as described above may appear at the Final Approval Hearing, unless written notice either in person at their own expense or through personal counsel hired at the objector’s expense, to object to the fairness, reasonableness, or adequacy of any aspect of the Settlement Class Member’s objection and any brief on the basis set forth in support of his or her objection. As noted above, objectors or their attorneys who intend to make an appearance at the Final Approval Hearing must state their intention to appear in the objection have been served upon delivered to the Counsel not later than the Objection DeadlineSettlement Administrator.
71. The Parties will request that the Court order that e. Any Settlement Class Members Member who fail fails to file comply with the provisions of Paragraphs 30.a.-d. shall waive and serve timely written objections in accordance with this Section shall be deemed forfeit any and all rights that he, she, or it may have to have waived any objections appear separately and/or to object to the Settlement, and shall be foreclosed from making bound by all the terms of this Settlement Agreement and by all proceedings, orders and judgments in the Litigation, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending or subsequently initiates litigation, against any objection Released Party relating to the certification of the Settlement Class or to the Settlement AgreementReleased Claims.
Appears in 1 contract
Sources: Settlement Agreement
Objections. 68. Settlement The Notice shall inform the Class Members may of their right to object to this Agreement up the Settlement if they do not submit a valid Opt-Out Request. Any Participating Class Member who wishes to object to the Settlement must file and including deliver a written objection with the Court and serve copies of the written objection to Class Counsel and Defense Counsel by no later than the Opt-Out Deadline. The date of delivery of the written objection is deemed to be the date set the objection is deposited in the United States mail, postage prepaid, as evidenced by the Court in postmark. If postmark dates differ, the Preliminary Approval Order, which shall be approximately forty-five (45) days following later of the Notice Deadline (“Objection Deadline”).
69two postmark dates will control. The Parties will request objection must include the objector’s name, address, telephone number, email address (if applicable), and the case name and number, and must set forth, in clear and concise terms, a statement of the reason(s) why the objector believes that the Court order should find that any the Settlement is not in the best interest of the Class Members and the reasons why the Settlement should not be approved, including the legal and factual argument(s) supporting the objection. The Notice shall advise Class Members that objections shall only be considered if the Class Member who has any objection to certification of the Settlement Classnot submitted an Opt-Out Request; in other words, to approval of this Settlement Agreement file an objection or any of its termsvoice an oral objection, or to the approval process objecting Class Member must send his or her be a Participating Class Member. Notwithstanding the above, a Class Member may make an oral objection to the Settlement Administrator, Class Counsel, and Defendant’s Counsel providing:
a. the case name and case number(s) of this Litigation;
b. the objector’s full name, current address and phone number;
c. the phone number on which he or she allegedly received an unauthorized phone Call from Defendant;
d. the reasons why the objector objects to the Settlement along with any supporting materials;
e. the identity of any lawyer who assisted, provided advice, or represents the objecting Settlement Class Member as to this case or such objection; and,
f. the objector’s signature.
70. The Parties will request that the Court set the Objection Deadline approximately forty-five (45) days after the Notice Deadline. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled to be heard by appearing at the Final Approval and Fairness Hearing (whether individually and providing such an oral objection either in person or through the objector’s counsel), or to object to certification of the Class or to the Settlement Agreement, and no written objections or briefs submitted by any Settlement Class Member shall be received or considered by the Court a separate lawyer retained at the Final Approval Hearing, unless written notice of the Settlement Class Member’s objection and any brief in support of the objection have been served upon the Counsel not later than the Objection Deadline.
71their own expense. The Parties will request that the Court order that Settlement Participating Class Members who fail to file and serve make timely written objections in accordance with this Section the manner specified above, or who fail to make an oral objection at the Final Approval and Fairness Hearing, shall be deemed to have waived any objections and oppositions to the Settlement’s fairness, reasonableness, and adequacy, and shall be foreclosed from making any objection (whether by appeal or otherwise) to the certification Settlement. However, the requirement that the Participating Class Member submit a written objection may be excused by the Court in the Court’s discretion. None of the Settlement Class Parties, their counsel, nor any person on their behalf, shall seek to solicit or otherwise encourage anyone to object to the Settlement AgreementSettlement, or appeal from any order of the Court that is consistent with the terms of this Settlement.
Appears in 1 contract
Sources: Final Settlement Agreement
Objections. 68. Settlement Class Members may shall be permitted to object to this Agreement up to and including the date Settlement, provided that they comply with the requirements for filing an objection as set by the Court forth in the Preliminary Approval Order, which shall be approximately forty-five (45) days following Order and the Notice Deadline (“Objection Deadline”).
69Class Notice. The Parties will request that Class Notice shall advise the Court order that any Settlement Class Member who has any objection to certification Members of the Settlement Class, to approval of this Settlement Agreement or any of its terms, or to the approval process must send his or her objection to the Settlement Administrator, Class Counsel, and Defendant’s Counsel providing:
a. the case name and case number(s) of this Litigation;
b. the objector’s full name, current address and phone number;
c. the phone number on which he or she allegedly received an unauthorized phone Call from Defendant;
d. the reasons why the objector objects to the Settlement along with any supporting materials;
e. the identity of any lawyer who assisted, provided advice, or represents the objecting Settlement Class Member as to this case or such objection; and,
f. the objector’s signature.
70. The Parties will request that the Court set the Objection Deadline approximately forty-five (45) days after the Notice Deadline. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled to be heard at the Final Approval Hearing (whether individually or through the objector’s counsel), or their rights to object to certification of the Class or to the Settlement Agreement. Objections to this Settlement Agreement, and no written objections or briefs any papers submitted by any Settlement Class Member in support of said objection, shall be received or considered by the Court at the Final Approval Hearing if and only if, on or before the Objection/Exclusion Deadline approved by the Court and specified in the Class Notice, the Person making an objection files notice of his or her intention to do so and at the same time (a) files copies of such papers he or she proposes to submit at the Final Approval Hearing with the Clerk of the Court and (b) sends copies of such papers via mail, hand delivery, or overnight delivery service to both Class Counsel and Compass’s Counsel. Any Settlement Class Member who intends to object to this Settlement Agreement must include: his/her full name, address and email; the telephone number(s) at which he or she claims to have received an automated call (including a call that used an automated or prerecorded voice) made by Defendant; the telephone carrier associated with each such identified telephone number; whether each such identified phone number was a cellular phone or a landline number at the time of the call(s); all grounds for the objection along with factual and legal support for the stated objection; and the identity of any other class action cases to which the Person objected in the previous four (4) years. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. Although an objector’s attendance at the Final Approval Hearing is not mandatory, an objector who intends to attend the Final Approval Hearing must indicate in his/her written objection his/her intention to appear at the Final Approval Hearing on his/her own behalf or through counsel. For any Settlement Class Member who timely files a written objection and who indicates an intention to appear at the Final Approval Hearing on his/her own behalf or through counsel, such Settlement Class Member must also include in his/her written objection the identity of any witnesses he/she may call to testify, and all exhibits he/she intends to introduce into evidence at the Final Approval Hearing, unless written notice of the Settlement Class Member’s objection and any brief in support of the objection have been served upon the Counsel not later than the Objection Deadlinewhich shall also be attached.
71. The Parties will request that the Court order that Settlement Class Members who fail to file and serve timely written objections in accordance with this Section shall be deemed to have waived any objections and shall be foreclosed from making any objection to the certification of the Settlement Class or to the Settlement Agreement.
Appears in 1 contract
Sources: Settlement Agreement
Objections. 68. Settlement Any Class Members may object to this Agreement up to and including the date set by the Court in the Preliminary Approval Order, which shall be approximately forty-five (45) days following the Notice Deadline (“Objection Deadline”).
69. The Parties will request that the Court order that any Settlement Class Member who has any objection to certification of the Settlement Class, to approval of this Settlement Agreement or any of its terms, or to the approval process must send his or her objection objecting to the Settlement Administratormust file written objections, Class Counsel, and Defendant’s Counsel providing:
a. the case name and case number(s) of this Litigation;
b. the objector’s full name, current address and phone number;
c. the phone number on which he or she allegedly received an unauthorized phone Call from Defendant;
d. the reasons why the objector objects to the Settlement along with any supporting materials;
e. the identity of any lawyer who assisteddocuments, provided advice, or represents the objecting Settlement Class Member as to this case or such objection; and,
f. the objector’s signature.
70. The Parties will request that with the Court set the Objection Deadline approximately and mail same to Class Counsel and Defendants’ Counsel within forty-five (45) days after the Notice DeadlineSettlement Administrator mails the Initial Mailing. The Parties will request that written objection must set forth, in clear and concise terms, the Court order that failure to comply timely legal and fully factual arguments supporting the objection. Any Class Member who does not file an objection in complete accordance with these procedures shall result the deadlines and other requirements set forth herein and in the invalidity Class Notice will be deemed to have waived any objections to the Settlement and rejection shall be foreclosed from making any objection, whether by appeal or otherwise, to the Settlement or this Agreement. Class Members who timely submit a written objection have the option to appear at the Final Approval Hearing, either in person or through their own counsel. To appear, Class Members must include a statement about the intent to appear at the Final Approval Hearing (“Notice of an Intention to Appear”) in the objection. The Parties will request that the Court order that no Settlement No Class Member shall be entitled to be heard at the Final Approval Hearing (whether individually or through unless the objector’s counsel)Class Member includes the Notice of Intention to Appear, absent permission of the Court. The Notice of Intention to Appear must include copies of any papers, exhibits, or to object to certification of other evidence that the objecting Class or Member will present to the Settlement Agreement, and no written objections or briefs submitted by any Settlement Class Member shall be received or considered by the Court at in connection with the Final Approval Hearing. The Class Representatives and Defendants are permitted to respond in writing to objections no later than five (5) days before the Final Approval Hearing. The Class Representatives waive any right to object to the Settlement, unless written notice and they endorse the Settlement as fair, reasonable, and adequate and in the best interests of the Settlement Class Member’s objection and any brief in support of the objection have been served upon the Counsel not later than the Objection Deadline.
71Class. The Parties will request that the Court order that Settlement Objections can only be made by persons who are valid Class Members who fail and have not opted out. If a Class Member wants to file and serve timely written objections in accordance with this Section shall be deemed to have waived any objections and shall be foreclosed from making any objection object to the certification Settlement, but wishes to receive their share of the Settlement Class or to payments in the event the Settlement Agreementis approved, the Class Member must have filed a Valid Claim. If the Court approves the Settlement despite any objections, and the Class Member has not submitted a Valid Claim, the Class Member will not receive any Settlement payment and will have released the California Released Claims as provided herein.
Appears in 1 contract
Sources: Settlement Agreement
Objections. 68. A Settlement Class Members Member may object to the Settlement. To exercise this Agreement up to and including certified or objection right, the date set by the Court in the Preliminary Approval Order, which shall be approximately forty-five (45) days following the Notice Deadline (“Objection Deadline”).
69. The Parties will request that the Court order that any Settlement Class Member who has any objection to certification must provide written notice of the Settlement Class, to approval of this Settlement Agreement objection via certified or any of its terms, or first class mail to the approval process must send his or her objection to the Settlement AdministratorCourt, Class Counsel, Counsel and Defendant’s Counsel providing:
a. the case name and case number(sCounsel. Such notice shall state: (1) of this Litigation;
b. the objector’s full name, current address address, telephone number, and phone number;
c. e-mail address; (2) documents or information required on the phone number on which he or she allegedly received an unauthorized phone Call from Defendant;
d. the reasons why Claim Form and sufficient to identify the objector objects as a Settlement Class Member, including but not limited to the pistols serial number; (3) a written statement of all grounds for the objection accompanied by any legal support for the objection; (4) the identity of all counsel representing the objector; (5) the identity of all counsel representing the objector who may appear at the Final 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, or has been a named plaintiff in any class action or served as lead plaintiff class counsel, including the case name, court, and docket number for each; (7) a list of all persons who will be called to testify at the Final Fairness Hearing in support of the 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 the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation). Any Settlement Class Member who fails to file and serve timely a written objection containing all of the information listed in the items listed above in the previous paragraph, including notice of his/her intent to appear at the final approval hearing, shall not be permitted to object to the Settlement along with and shall be foreclosed from seeking any supporting materials;
e. review of the identity settlement or the terms of the Settlement Agreement by any lawyer who assistedmeans, provided advice, including but not limited to an appeal. Such objection must be postmarked or represents 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 as pursuant to this case the Federal Rules of Civil Procedure at an agreed-upon time and location, 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 Court striking the objection. The Court may tax the costs of any such objection; and,
f. discovery to the objector or the objector’s signature.
70counsel if the Court determines that the objection is frivolous or is made for an improper purpose. The In seeking Preliminary Approval of this Agreement, the Parties will request that the Court deadline for submission of notice of objections shall be set the Objection Deadline approximately forty-five on a date no less than sixty (4560) days after the Notice Deadline. The Parties will request that publication of the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled final notice to be heard at the Final Approval Hearing (whether individually or through the objector’s counsel), or published pursuant to object to certification of the Class or to the Settlement Agreement, and no written objections or briefs submitted Section V. Objections sent by any Settlement Class Member to incorrect locations shall not be received or considered by the Court at the Final Approval Hearing, unless written notice of the Settlement Class Member’s objection and any brief in support of the objection have been served upon the Counsel not later than the Objection Deadlinevalid.
71. The Parties will request that the Court order that Settlement Class Members who fail to file and serve timely written objections in accordance with this Section shall be deemed to have waived any objections and shall be foreclosed from making any objection to the certification of the Settlement Class or to the Settlement Agreement.
Appears in 1 contract
Sources: Settlement Agreement
Objections. 68. Settlement Any Class Members Member, other than Plaintiffs, may object to this Agreement up to and including the date set by the Court in the Preliminary Approval Order, which shall be approximately forty-five (45) days following the Notice Deadline (“Objection Deadline”).
69. The Parties will request that the Court order that any Settlement Class Member who has any objection to certification of the Settlement Class, to approval terms of this Settlement Agreement or any of its termsSettlement, or except as to the approval process must send his or her objection Released PAGA Claims, by submitting a written “Objection” to the Settlement AdministratorAdministrator at the address provided in the Class Notice, Class Counsel, and Defendant’s Counsel providing:
a. postmarked on or before the case name and case number(s) of this Litigation;
b. the objector’s full name, current address and phone number;
c. the phone number on which he or she allegedly received an unauthorized phone Call from Defendant;
d. the reasons why the objector objects to the Settlement along with any supporting materials;
e. the identity of any lawyer who assisted, provided adviceResponse Deadline, or represents the objecting Settlement Class Member as to this case or such objection; and,
f. the objector’s signature.
70. The Parties will request that the Court set the Objection Deadline approximately forty-five (45) days after the Notice Deadline. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled to be heard by appearing at the Final Approval Hearing to object. To be valid, an Objection must include the objecting Class Member’s full name, address, telephone number, and signature. The Objection must also include the objecting Class Member’s dates of employment with Defendant, the case name and number of the Class Action, the basis for the objection, including any legal support and each specific reason in support of the objection, as well as any documentation or evidence in support thereof. If the objecting Class Member is represented by counsel, the Objection must include the name and address of his or her counsel. The Settlement Administrator shall provide Objections, if any, to Class Counsel and Defendant’s Counsel within three (whether individually 3) calendar days of receipt, and the Settlement Administrator shall attach the same to its declaration Regarding Notice and Settlement Administration and file its declaration and attachments with the Court prior to the Final Approval Hearing. Any Participating Class Member who submits an Objection remains eligible to receive monetary compensation from the Settlement. Plaintiffs and Defendant shall not be responsible for any fees, costs, or through expenses incurred by any Class Member and/or his or her counsel related to any objections to the objectorSettlement. Submitting an Objection does not preserve the right to appeal a final judgment. Class Members and PAGA Employees may not object to or opt-out of the settlement with respect to the PAGA Claims. The Parties may file a response to any Objections submitted by Participating Class Members at or prior to the Final Approval Hearing. Participating Class Members shall be permitted to withdraw their Objections in writing by submitting a withdrawal statement to the Settlement Administrator not later than one (1) business day prior to the Court’s counsel)Final Approval Hearing, or as otherwise ordered by the Court. Any Class Member who desires to object to the Released Class Claims in the Settlement but fails to timely submit a written Objection, or to object to certification of the Class or to the Settlement Agreement, and no written objections or briefs submitted by any Settlement Class Member shall be received or considered by the Court make an in-person objection at the Final Approval Hearing, unless written notice of the Settlement Class Member’s objection waives any right to object and any brief in support of the objection have been served upon the Counsel not later than the Objection Deadline.
71. The Parties will request that the Court order that Settlement Class Members who fail to file and serve timely written objections in accordance with this Section shall be deemed to have waived any objections and shall be foreclosed from making any objection to the certification of the Settlement Class or to the Settlement Agreementthis Settlement.
Appears in 1 contract
Objections. 68. Settlement Class Members may object to this Agreement up to and including the date set by the Court in the Preliminary Approval Order, which shall be approximately forty-five (45) days following the Notice Deadline (“Objection Deadline”).
69. The Parties will request that the Court order that any Settlement Any Class Member who has any objection not submitted a timely written exclusion request pursuant to certification of the Settlement Class, to approval Section 2.3.8 of this Settlement Agreement and who wishes to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, must deliver written objections to the Claims Administrator no later than the Objection or Exclusion Response Deadline.
a) The delivery date is deemed to be the date the objection is deposited in the U.S. Mail as evidenced by the postmark. It shall be the objector’s responsibility to ensure receipt of any objection by the Claims Administrator.
b) Any written objections must contain: (1) the name and case number of its the Action; (2) the Class Member’s full name, address, and telephone number; (3) the words “Notice of Objection” or “Formal Objection”; (4) in clear and concise terms, the legal and factual arguments supporting the objection; (5) facts supporting the person’s status as a Class Member (e.g., the verification code received from an Email Notice or Mail Notice, or alternatively, the date and location of his/her relevant purchases and description of item(s) purchased); and (6) the Class Member’s signature and the date.
c) Any Class Member who submits a written objection, as described in this section, has the option to appear at the Fairness Hearing, either in person or through personal counsel hired at the Class Member’s expense, to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, or to the approval process must send his or her objection to the Settlement Administratoraward of attorneys’ fees. However, Class Counsel, Members (with or without their attorneys) intending to make an appearance at the Fairness Hearing must include with their timely and Defendant’s Counsel providing:
a. the case name and case number(s) valid objection a statement substantially similar to “Notice of this Litigation;
b. the objector’s full name, current address and phone number;
c. the phone number on which he or she allegedly received Intention to Appear.” If an unauthorized phone Call from Defendant;
d. the reasons why the objector objects to the Settlement along with any supporting materials;
e. the identity of any lawyer who assisted, provided advice, or represents the objecting Settlement Class Member as intends to this case or such objection; and,
f. the objector’s signature.
70. The Parties will request that the Court set the Objection Deadline approximately forty-five (45) days after the Notice Deadline. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled to be heard speak at the Final Approval Fairness Hearing (whether individually or through the objector’s counsel), or to object to certification in support of the Class or to objection, the Settlement Agreement, and no written objections or briefs submitted by any Settlement Class Member shall be received or considered by the Court at the Final Approval Hearing, unless written notice of the Settlement Class Member’s objection must state this intention. If the objecting Class Member intends to appear at the Fairness Hearing through counsel, he or she must also identify the attorney(s) representing the objector who will appear at the Fairness Hearing and any brief in support of include the objection have been served upon attorney(s) name, address, phone number, e-mail address, and the Counsel not later than state bar(s) to which counsel is admitted. If the Objection Deadline.
71. The Parties will objecting Class Member intends to request that the Court order that Settlement to allow the Class Member to call witnesses at the Fairness Hearing, such request must be made in the Class Member’s written objection, which must also contain a list of any such witnesses and a summary of each witness’s expected testimony. Only Class Members who fail submit timely objections including Notices of Intention to file Appear may speak at the Fairness Hearing. If a Class Member makes an objection through an attorney, the Class Member will be responsible for his or her personal attorney’s fees and serve timely written objections in accordance with this Section shall be deemed to have waived any objections and shall be foreclosed from making any objection to the certification of the Settlement Class or to the Settlement Agreementcosts.
Appears in 1 contract
Sources: Settlement Agreement
Objections. 68. Settlement Class Members may object to this Agreement up to and including the date set by the Court in the Preliminary Approval Order, which shall be approximately forty-five (45) days following the Notice Deadline (“Objection Deadline”).
69. The Parties will request that the Court order that any Any Settlement Class Member who has any objection to certification of the Settlement Class, to approval of this Settlement Agreement or any of its terms, or to the approval process must send his or her does not submit a written Request for Exclusion may present a written objection to the Settlement Administrator, Class Counsel, and Defendant’s Counsel providing:
a. the case name and case number(s) of this Litigation;
b. the objector’s full name, current address and phone number;
c. the phone number on which explaining why he or she allegedly received believes that the Settlement Agreement should not be approved by the Court as fair, reasonable and adequate. A Settlement Class Member who wishes to submit an unauthorized phone Call from Defendant;
d. the reasons why the objector objects objection must deliver to the Settlement along with Administrator so that it is postmarked by the Objection and Opt-Out Deadline, a detailed written statement of the objection(s) and the aspect(s) of the Settlement being challenged, as well as the specific reasons, if any, for each such objection, including any evidence and legal authority that the Settlement Class Member wishes to bring to the Court’s attention.
a. That written statement shall contain (a) the Settlement Class Member’s printed name, address, telephone number, and date of birth; (b) evidence showing that the objector is a Settlement Class Member, including the address of the residence or structure that contains or contained a Covered Product and proof that the residence or structure contains or contained a Covered Product (photographs, contemporaneous installation records, etc.); (c) any other supporting papers, materials;
e. the identity of any lawyer who assisted, provided advice, or represents briefs that the Settlement Class Member wishes the Court to consider when reviewing the objection; (d) the actual written signature of the Settlement Class Member making the objection; and (e) a statement whether the objecting Settlement Class Member as and/or his or her counsel intend to this case or such objection; and,
f. the objector’s signature.
70. The Parties will request that the Court set the Objection Deadline approximately forty-five (45) days after the Notice Deadline. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled to be heard appear at the Final Approval Hearing (whether individually or through the objector’s counsel), or to object to certification of the Class or to the Settlement Agreement, and no written objections or briefs submitted by any Hearing.
b. A Settlement Class Member may object on his or her own behalf or through an attorney; however, even if represented, the Settlement Class Member must individually sign the objection and all attorneys who are involved in any way asserting objections on behalf of the Settlement Class Member must be listed on the objection papers. Counsel for the Parties may take the deposition of any objector prior to the Final Approval Hearing in a location convenient for the objector.
c. The Settlement Administrator shall be provide counsel for the Parties with copies of any objections received or considered by the Court it on a weekly basis by email.
d. Any objector who files and serves a timely written objection as described above may appear at the Final Approval Hearing, unless written notice either in person at their own expense or through personal counsel hired at the objector’s expense, to object to the fairness, reasonableness, or adequacy of any aspect of the Settlement Class Member’s objection and any brief on the basis set forth in support of his or her objection. As noted above, objectors or their attorneys who intend to make an appearance at the Final Approval Hearing must state their intention to appear in the objection have been served upon delivered to the Counsel not later than the Objection DeadlineSettlement Administrator.
71. The Parties will request that the Court order that e. Any Settlement Class Members Member who fail fails to file comply with the provisions of Paragraphs 30 to 33 shall waive and serve timely written objections in accordance with this Section shall be deemed forfeit any and all rights that he, she, or it may have to have waived any objections appear separately and/or to object to the Settlement, and shall be foreclosed from making bound by all the terms of this Settlement Agreement and by all proceedings, orders and judgments in the Litigation, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending or subsequently initiates litigation, against any objection Released Party relating to the certification of the Settlement Class or to the Settlement AgreementReleased Claims.
Appears in 1 contract
Sources: Settlement Agreement
Objections. 68. The Class Notice shall also provide a procedure for members of the Settlement Class Members may Classes to object to this Agreement up the settlement 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 including mail a copy of that objection with the date requisite postage to Class Counsel and Counsel for Defendant no later than the objections deadline set by the Court and set forth in the Preliminary Approval Order, which shall be approximately forty-five (45) days following the Notice Deadline (“Objection Deadline”).
69Class Notice. The Parties will request that the Court order that any Settlement Class Member who has any notice of objection to certification of the Settlement Class, to approval of this Settlement Agreement or any of its terms, or to the approval process must send his or her objection to the Settlement Administrator, Class Counsel, and Defendant’s Counsel providing:
a. state the case name and case number(s) of this Litigation;
b. number; the objector’s full basis for, and an explanation of, the objection; the name, current address, telephone number, and email address of the member of the Settlement Classes making the objection; and phone number;
c. a statement of whether the phone number on which he member of the Settlement Classes intends to appear at the Fairness Hearing, either with or she allegedly received an unauthorized phone Call from Defendant;
d. without counsel. A Settlement Class member who otherwise wishes to speak at the reasons why the objector objects Fairness Hearing shall submit a notice of intent to appear to the Court that includes the name, address, and telephone number of the person that will appear on behalf the Settlement along with any supporting materials;
e. Class member fourteen (14) days before the identity Fairness Hearing. The filing of any lawyer who assisted, provided advice, or represents an objection allows Class Counsel the option to take the deposition of the objecting Settlement Class Member as individual consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to this case seek any documentary evidence or other tangible things that are relevant to the objection. Failure by such objection; and,
f. individual to make himself or herself available for a deposition or to comply with expedited discovery requests may result in the objectorCourt striking such individual’s signature.
70objection and otherwise denying such individual the opportunity to make an objection or be further heard. The Parties will request 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 Court set objection is frivolous or is made for an improper purpose. In addition, any objection must be personally signed by the Objection Deadline approximately forty-five 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: (451) days after the Notice Deadline. The Parties will request that identity and number of the Court order that failure to comply timely and fully with these procedures shall result in members of the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled to be heard at the Final Approval Hearing (whether individually or through the Classes represented by objector’s counsel), or to object to certification ; and (2) the number of the Class or to the Settlement Agreement, and no written objections or briefs submitted by any Settlement Class Member shall be received or considered by the Court at the Final Approval Hearing, unless written notice such represented members of the Settlement Class Member’s objection and any brief in support Classes who have opted out of the objection have been served upon settlement contemplated by this Agreement. Any member of the Counsel not later than the Objection Deadline.
71. The Parties will request that the Court order that Settlement Class Members Classes who fail fails to file and serve timely written make objections in accordance with this Section the manner specified above shall be deemed to have waived any objections and shall be foreclosed from making any objection objections, whether by appeal or otherwise, to the certification settlement. No member of the Settlement Class Classes shall be entitled to contest in any way the approval of the terms and conditions of this Agreement or the Order of Final Approval except by filing and serving written objections in accordance with the provisions of this Settlement Agreement. Any member of the Settlement Classes who fails to object in the manner prescribed shall be deemed to have waived and shall be foreclosed forever from raising any objections to the Settlement Agreementsettlement.
Appears in 1 contract
Sources: Settlement Agreement
Objections. 68. The Settlement Notice shall provide that State Class Members may who wish to object to this Agreement up to and including the date set by the Court in the Preliminary Approval Order, which shall be approximately forty-five (45) days following the Notice Deadline (“Objection Deadline”).
69. The Parties will request that the Court order that any Settlement Class Member who has any objection to certification of the Settlement Class, to approval of this Settlement Agreement or any of its terms, or to the approval process must send his or her objection to the Settlement Administratormust, Class Counselon or before the Notice Deadline, file with the court a written statement objecting to the Settlement. Such objection shall not be valid unless it includes the information specified in the Settlement Notice. The statement must be signed personally by the objector, and Defendant’s Counsel providing:
a. the case name and case number(s) of this Litigation;
b. must include the objector’s full name, current address, telephone number, email address (if applicable), the factual and phone number;
c. legal grounds for the phone number on which he or she allegedly received an unauthorized phone Call from Defendant;
d. the reasons why objection, and whether the objector objects intends to appear at the Final Approval Hearing. The Settlement along with any supporting materials;
e. Notice shall advise State Class Members that objections shall only be considered if the identity of any lawyer who assisted, provided advice, or represents the objecting Settlement State Class Member as to this case or such objection; and,
f. has not opted out of the objector’s signature.
70Settlement. The Parties will request that the Court set the Objection Deadline approximately forty-five (45) days after the Notice Deadline. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement No State Class Member shall be entitled to be heard at the Final Approval Hearing (whether individually or through the objector’s counsel), or to object to certification of the Class or to the Settlement Agreement, and no written objections or briefs submitted by any Settlement Class Member shall be received or considered by the Court at the Final Approval Hearing, unless written notice of the Settlement State Class Member’s objection intention to appear at the Final Approval Hearing has been filed with the Court and any brief in support served upon Class Counsel and Defendants’ Counsel on or before the Notice Deadline and the State Class Member has not opted out of the objection have been served upon the Counsel not later than the Objection Deadline.
71Settlement. The Parties postmark date of mailing to Class Counsel and Defendants’ Counsel shall be the exclusive means for determining that an objection is timely mailed to counsel. If postmark dates differ, the later of the two postmark dates will request that control. Absent good cause found by the Court order that Settlement Class Members court, persons who fail to file and serve make timely written objections in accordance with this Section the manner specified above shall be deemed to have waived any objections and oppositions to the Settlement’s fairness, reasonableness and adequacy, and shall be foreclosed from making any objection (whether by appeal or otherwise) to the certification Settlement. However, the requirement that the State Class Member submit a written objection may be excused by the Court upon a showing of good cause. None of the Settlement Class Parties, their counsel, nor any person on their behalf, shall seek to solicit or otherwise encourage anyone to object to the Settlement Agreementsettlement, or appeal from any order of the Court that is consistent with the terms of this Settlement.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Objections. 68. Settlement Class Members may object to this Agreement up to and including the date set by the Court in the Preliminary Approval Order, which shall be approximately forty-five (45) days following the Notice Deadline (“Objection Deadline”).
69. The Parties will request that the Court order that any Any Settlement Class Member who has any intends to object to the fairness of this settlement must file a written objection with the Court no later than the Objection Deadline and simultaneously provide a copy to certification Class Counsel and counsel for loanDepot at the addresses set forth in the Section 18.16 herein. Any Settlement Class Member may object to, among other things, (a) the proposed settlement, (b) entry of the Final Approval Order and the judgment
A. In the written objection, the Settlement Class, to approval of this Settlement Agreement or any of its terms, or to the approval process Class Member must send state his or her objection to the Settlement Administrator, Class Counsel, and Defendant’s Counsel providing:
a. the case name and case number(s) of this Litigation;
b. the objector’s full name, current address address, telephone number, the reasons for his or her objection, the name and phone number;
c. number of the phone number on which Action (e.g., ▇▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ v. ▇▇▇▇▇▇▇▇▇.▇▇▇, LLC, Case No. CGC-23-60514 ), whether he or she allegedly received an unauthorized phone Call from Defendant;
d. the reasons why the objector objects intends to the Settlement along with any supporting materials;
e. the identity of any lawyer who assisted, provided advice, or represents the objecting Settlement Class Member as to this case or such objection; and,
f. the objector’s signature.
70. The Parties will request that the Court set the Objection Deadline approximately forty-five (45) days after the Notice Deadline. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled to be heard appear at the Final Approval Hearing (whether individually on his or her own behalf or through counsel. Any documents supporting the objector’s counsel), or objection must also be attached to object to certification of the Class or to the Settlement Agreementsuch written objection, and no written objections or briefs submitted by any if the Settlement Class Member shall be received or considered by the Court intends to call witnesses at the Final Approval Hearing, unless those witnesses must be identified name, address, and telephone number in the written objection. Objections must be physically signed by the person objecting but need not be notarized.
B. Any Settlement Class Member who has timely filed a valid written objection, as provided for above, may appear at the Final Approval Hearing, either on his or her own behalf or through an attorney hired at own expense, to object to the fairness, reasonableness, or adequacy of this Agreement, the settlement, entry of the Final Approval Order for incentive payments. If the attorney of a Settlement Class Member intends to make an appearance at the Final Approval Hearing, such attorney must: (a) file a notice of appearance with the Court no later than ten (10) days prior to the Final Approval 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 Settlement Class Member’s objection and any brief in support Member who fails to comply with the provisions of the objection have been served upon the Counsel not later than the Objection Deadline.
71. The Parties will request that the Court order that Settlement Class Members who fail to file and serve timely written objections in accordance with this Section 11.02 shall be deemed waive and forfeit any and all rights to have waived any objections appear separately (including at the Final Approval Hearing) and/or to object, and shall be foreclosed from making any objection to bound by all the certification terms of this settlement, and by all proceedings, orders, and judgments in the Settlement Class or to the Settlement Agreementlitigation.
Appears in 1 contract
Sources: Settlement Agreement
Objections. 68. The Notice shall explain that the procedure for Class Members to object to the Settlement is by submitting written objections to the Settlement Administratorand Settlement Class Members may object to this Agreement up to and including Counsel no later than sixty (60) days after the date set by Notice Date (the “Objection Deadline”). Plaintiff will file all objections with the Court in connection with the Preliminary filing of her Motion for Final Approval. Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval OrderHearing and show cause, which shall if any, for why the Settlement should not be approximately forty-five approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this paragraph. No Class Member or other person will be heard on such matters unless they have submitted in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (4560) days following the Notice Deadline (“Date. All written objections and supporting papers must All objections must be submitted to the Settlement Administrator and Class Counsel.. All objections must be postmarked on or before the Objection Deadline”).
69, as set forth above. The Parties will request that the Court order that any Settlement Any Class Member who has any objection to certification of the Settlement Class, to approval of this Settlement Agreement or any of its terms, or to the approval process must send his or her objection to the Settlement Administrator, Class Counsel, and Defendant’s Counsel providing:
a. the case name and case number(s) of this Litigation;
b. the objector’s full name, current address and phone number;
c. the phone number on which he or she allegedly received an unauthorized phone Call from Defendant;
d. the reasons why the objector objects to the Settlement along with any supporting materials;
e. the identity of any lawyer who assisted, provided advice, or represents the objecting Settlement Class Member as to this case or such objection; and,
f. the objector’s signature.
70. The Parties will request that the Court set the Objection Deadline approximately forty-five (45) days after the Notice Deadline. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result does not make their objections in the invalidity manner and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled to be heard at the Final Approval Hearing (whether individually or through the objector’s counsel), or to object to certification of the Class or to the Settlement Agreement, and no written objections or briefs submitted by any Settlement Class Member shall be received or considered by the Court at the Final Approval Hearing, unless written notice of the Settlement Class Member’s objection and any brief date set forth in support of the objection have been served upon the Counsel not later than the Objection Deadline.
71. The Parties will request that the Court order that Settlement Class Members who fail to file and serve timely written objections in accordance with this Section paragraph shall be deemed to have waived any objections and shall be foreclosed forever barred from making raising such objections in this or any objection to the certification other action or proceeding, absent further order of the Settlement Class or Court. Without limiting the foregoing, any challenge to the Settlement Agreement, the Order Granting Preliminary Approval of the Class Action Settlement Agreement, and the Final Approval Order and Judgment shall be pursuant to appeal under the applicable rules of appellate procedure and not through a collateral attack.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Objections. 68. The Class Notice shall contain information about how a person in the Settlement Class Members who does not properly and timely submit a Request for Exclusion pursuant to this Settlement Agreement, may object to this Agreement up the Settlement by filing a written objection with the Court by the Objection/Exclusion Deadline, with a copy served on the Settlement Administrator, at the address provided in the Class Notice, which written objection must contain the following:
a. the full name, address, telephone number, and personal signature of the objecting Settlement Class Member;
b. the specific reasons for the objecting Settlement Class Member’s objection to the Settlement, and a detailed statement of the factual and legal basis for such objections;
c. the identity of all witnesses, including the witness’s name and address, and a summary of such witness’s proposed testimony, who the objecting Settlement Class Member may call to testify at the Final Approval Hearing, and describe and produce copies of all evidence such objecting Settlement Class Member may offer at the Final Approval Hearing;
d. a statement identifying the number of class action settlements objected to by the Settlement Class Member in the last three years, and listing those cases by case name and number; and
e. a statement whether the objecting Settlement Class Member and/or his/her/its attorney(s) intend to appear at the Final Approval Hearing. Any attorney of an objecting Settlement Class Member who intends to appear at the Final Approval Hearing must enter a written Notice of Appearance of Counsel with the Clerk of the Court no later than the date set by the Court in the its Preliminary Approval Order, which Order and shall be approximately forty-five (45) days following include the Notice Deadline (“Objection Deadline”).
69. The Parties will request that the Court order that any Settlement Class Member who has any objection to certification of the Settlement Class, to approval of this Settlement Agreement or any of its terms, or to the approval process must send his or her objection to the Settlement Administrator, Class Counsel, and Defendant’s Counsel providing:
a. the case name full caption and case number(s) number of this Litigation;
b. the each previous class action case in which such counsel has represented an objector’s full name, current address and phone number;
c. the phone number on which he or she allegedly received an unauthorized phone Call from Defendant;
d. the reasons why the objector objects to the Settlement along with any supporting materials;
e. the identity of any lawyer who assisted, provided advice, or represents . If the objecting Settlement Class Member as is represented by counsel and such counsel intends to this case or such objection; and,
f. the objector’s signature.
70. The Parties will request that the Court set the Objection Deadline approximately forty-five (45) days after the Notice Deadline. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled to be heard at the Final Approval Hearing (whether individually or through the objector’s counsel), or to object to certification of the Class or to the Settlement Agreement, and no written objections or briefs submitted by any Settlement Class Member shall be received or considered by the Court speak at the Final Approval Hearing, unless the written notice objection must include a detailed statement of the specific legal and factual basis for each and every objection and a detailed description of any and all evidence the objecting Settlement Class Member’s objection Member may offer at the Final Approval Hearing, including copies of any and any brief in support of the objection have been served upon the Counsel not later than the Objection Deadline.
71. The Parties will request all exhibits that the Court order that objecting Settlement Class Members who fail to file and serve timely written objections in accordance with this Section shall be deemed to have waived any objections and shall be foreclosed from making any objection to Member may introduce at the certification of the Settlement Class or to the Settlement AgreementFinal Approval Hearing.
Appears in 1 contract
Sources: Class Action Settlement Agreement