Opt-Outs. 66. Opt-Out Period a. Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class. 67. Opt-Out Process a. Any Class Member who wishes to be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline. b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from ▇▇▇▇▇ Fargo were received; (b) the name and/or number of this case; and (c) a statement that the Class Member wishes to be excluded from the Settlement Class. An Opt-Out must be signed by the Class Member. An Opt-Out request that does not contain the required information, is not signed, or is not electronically submitted or postmarked by the Opt-Out Deadline, shall be invalid and the person serving such a request shall be considered a member of the Settlement Class and shall be bound by the Settlement, if approved. c. Within three (3) business days after the Opt-Out Deadline, the Settlement Administrator shall provide Counsel a written list reflecting all timely and valid Opt-Outs from the Settlement Class. d. A list reflecting all timely and valid Opt-Outs shall also be filed with the Court at the time of the motion for final approval of the settlement.
Appears in 3 contracts
Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement
Opt-Outs. 66. Opt-Out Period
a. 13.1 Any putative Settlement Class Members will have up Member who does not wish to participate in mail to the Settlement Administrator at the address set forth in the Class Notice and including approximately forty-five (45) days following postmarked no later than the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved A request for exclusion must be signed by the Court, all putative Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement Member, and the Class Releasemust include such individual’s name, address, and the relief provided telephone number that allegedly received a call sent by or on behalf of Defendant during the Settlement will be their sole Class Period, and exclusive remedy for must clearly state that the claims alleged by the Settlement Class.
67. Opt-Out Process
a. Any Class Member who Person wishes to be excluded from the Litigation and this Settlement Class must provide a and the Settlement Agreement. A request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarkedthat does not include all of this information, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline.
b. In order that is sent to be valid, the Opt-Out must include: (a) an address other than that designated in the Class Member’s nameNotice, addressor that is not postmarked within the time specified, telephone numbershall be invalid, and the telephone number(s) at which any Calls (including any texts) from ▇▇▇▇▇ Fargo were received; (b) the name and/or number of this case; and (c) a statement that the Class Member wishes to be excluded from the Settlement Class. An Opt-Out must be signed by the Class Member. An Opt-Out request that does not contain the required information, is not signed, or is not electronically submitted or postmarked by the Opt-Out Deadline, shall be invalid and the person Person serving such a request shall be considered a member of the Settlement Class and shall be bound as a Settlement Class Member by the Court’s Orders in this Litigation and by this Agreement, if approved. The request for exclusion must be personally signed by the Person seeking to be excluded. So-called “mass” or “class” opt-outs shall not be allowed.
13.2 Any Person in the Settlement Class who submits a request for exclusion may not file an objection to the Settlement, and any such purported objection filed by a Person in the Settlement Class who has requested exclusion shall be deemed a nullity. If a Settlement Class Member submits a written request for exclusion pursuant to Paragraph 13.1 above, he or she shall be deemed to have complied with the terms of the opt-out procedure and shall not be bound by the Agreement if approvedapproved by the Court.
c. Within three (3) business days after the Opt-Out Deadline13.3 After Class Notice is disseminated, the Settlement Administrator Parties shall provide Counsel a written list reflecting all timely request and valid Opt-Outs seek to obtain from the Settlement Class.Court a Final Approval Order and Judgment, which will (among other things):
d. A list reflecting all timely and valid Opt-Outs shall also be filed with (i) find that the Court at has personal jurisdiction over the time Parties and that the Court has subject-matter jurisdiction to approve the Agreement, including all exhibits hereto;
(ii) approve the Settlement Agreement and the proposed Settlement as fair, reasonable, and adequate as to, and in the best interests of, Settlement Class Members; direct the Parties and their counsel to implement and consummate the Agreement according to its terms and provisions; and declare the Agreement to be binding on, and have preclusive effect on all pending and future lawsuits or other proceedings maintained by or on behalf of Representative Plaintiff and the motion for final approval of Releasing Parties with respect to the settlement.Released Claims;
(iii) find that the Class Notice and the Notice Plan implemented pursuant to the Agreement (1) constitute the best practicable notice under the circumstances;
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Opt-Outs. 66. Opt-Out Period
a. 8.1 The Preliminary Approval Order will set a deadline for Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class.
67. Opt-Out Process
a. Any Class Member who wishes request to be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an (“Opt-Out.” The ”). Any Opt-Out request from a Class Member must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline.
b. In order to be valid, the Opt-Out must include: (a) be in writing, (b) signed by the Class Member’s Member and all other Class Members on the applicable Covered Contract, (c) state the name, address, telephone number, account number, and last four digits of the telephone number(sSocial Security Number of the Class Member and all other Class Members on the applicable Covered Contract, (d) at which any Calls (including any texts) from ▇▇▇▇▇ Fargo were received; (b) the name and/or number of this case; and (c) include a statement that the Class Member wishes and all other Class Members on the applicable Covered Contract request to be excluded from the Settlement Class. An Opt-Out must of the Class, and (e) include a reference to “White v. Ally Financial Inc., Case No. 3:18-CV-30143-MGM.” No Opt-Out request from a Class Member may be submitted or signed by an actual or purported agent or attorney acting on behalf of the Class Member, except in the case of a deceased Class Member, the Opt-Out request may be submitted and signed by an executor or similar administrator for the Class Member’s estate if accompanied by a death certificate and proof of appointment. An No Opt- Out request may be submitted on behalf of a group of Class Members, except that a single Opt-Out request may be submitted and signed by all Class Members on a single Covered Contract. Class Counsel will cause the Settlement Administrator to send each Opt-Out request to Class Counsel and Ally’s Counsel via email within two (2) Business Days after receiving the request.
8.2 To be timely and effective, any Opt-Out request from a Class Member must comply with Paragraph 8.1, be mailed to the Settlement Administrator at the address designated in the Class Notice, and be postmarked on or before the deadline set forth in the Preliminary Approval Order. Each Class Member who does not submit an Opt-Out request that does not contain complies with this Paragraph 8 will be fully, finally, and forever a Class Member included in the required information, is not signed, or is not electronically submitted or postmarked Class and bound by the settlement reflected in this Agreement if approved by the Court. Class Counsel and Ally’s Counsel will provide to the Court, on or before the Final Hearing Date, a list of all Persons, by reference to a unique identifier and last four digits of the Person’s Social Security Number, who have timely submitted a valid Opt-Out Deadline, shall be invalid and the person serving such a request shall be considered a member of the Settlement Class and shall be bound by the Settlement, if approvedrequest.
c. Within three (3) business days after the 8.3 If Opt-Out Deadlinerequests result in the exclusion of 5% or more of the Class from the settlement reflected in this Agreement, Ally, in its sole and absolute discretion, may elect to rescind this Agreement, with effects as further described in Paragraph 13.
8.4 Ally may elect to exercise the Settlement Administrator shall provide unilateral rescission right described in Paragraph 8.3 by delivering written notice to Class Counsel a on or before the date that is ten (10) Business Days after Ally’s receipt of written list reflecting notice of all timely and valid Opt- Out requests following the deadline for Opt-Outs from Out requests set forth in the Settlement ClassPreliminary Approval Order.
d. A list reflecting all timely and valid Opt-Outs shall also be filed with the Court at the time of the motion for final approval of the settlement.
Appears in 2 contracts
Sources: Class Action Settlement Agreement, Class Action Settlement Agreement
Opt-Outs. 66. OptA member of the Settlement Class who wishes to opt-Out Period
a. Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by must complete and send to the Settlement Administrator a request for exclusion that is post-marked no later than the Opt-Out Deadline will and Objection Date. The request for exclusion must be bound personally signed by the Settlement and the Class Release, and the relief provided by member of the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class.
67. Opt-Out Process
a. Any Class Member who wishes requesting exclusion, contain a statement that indicates his or her desire to be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline.
b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from ▇▇▇▇▇ Fargo were received; (b) the name and/or number of this case; and (c) contain a statement that the Class Member wishes to be excluded from the Settlement Class. An Opt-Out must be signed by the Class Member. An Opt-Out request that does not contain the required information, he or she is not signed, or is not electronically submitted or postmarked by the Opt-Out Deadline, shall be invalid and the person serving such a request shall be considered otherwise a member of the Settlement Class and purchased one or more of the Covered Products. A member of the Settlement Class may opt-out on an individual basis only; so-called “mass” or “class” opt-outs shall not be allowed.
(a) Except for those members of the Settlement Class who timely and properly file a request for exclusion, all members of the Settlement Class will be deemed to be Settlement Class Members for all purposes under the Settlement Agreement, and upon the Effective Date, will be bound by its terms, regardless of whether they file a Claim Form or receive any monetary relief.
(b) Any member of the Settlement Class who properly opts out of the Settlement Class shall not: (i) be bound by any orders or judgments entered in the Settled Actions relating to the Settlement; (ii) be entitled to relief under, if approvedor be affected by, the Settlement Agreement; (iii) gain any rights by virtue of the Settlement Agreement; or (iv) be entitled to object to any aspect of the Settlement.
c. Within three (3c) business days The Settlement Administrator shall provide Settlement Class Counsel and Defendants’ Counsel with the Opt-Out List within five (5) Days after the Opt-Out Deadline, the Settlement Administrator shall provide Counsel a written list reflecting all timely and valid Opt-Outs from the Settlement ClassObjection Date.
d. A list reflecting all timely and valid Opt-Outs shall also be filed with the Court at the time of the motion for final approval of the settlement.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Opt-Outs. 66. Opt-Out Period
a. Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class.
67. Opt-Out Process
a. 9.4.1 Any Class Member who wishes does not wish to participate in this Settlement must write to the Settlement Administrator stating an intention to be excluded “excluded” from the Settlement Class must provide a this Settlement. This written request for exclusion must be sent via first class United States mail to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via Administrator at the Settlement Website, on or before address set forth in the Notice and postmarked no later than the Opt-Out Deadline.
b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from ▇▇▇▇▇ Fargo were received; (b) the name and/or number of this case; and (c) a statement that the Class Member wishes to be excluded from the Settlement Class. An Opt-Out A request for exclusion must be signed by the Class Member, and must include the Class Member's name, address, and the telephone number that allegedly received a call made by or on behalf of Defendant during the Settlement Class Period, and must clearly state that the Person wishes to be excluded from the Litigation and the Agreement. An Opt-Out A request for exclusion that does not contain the required include all of this information, or that is sent to an address other than that designated in the Notice, or that is not signed, or is not electronically submitted or postmarked by within the Opt-Out Deadlinetime specified, shall be invalid invalid, and the person Person serving such a request shall be considered a member of the Settlement Class and shall be bound as a Class Member by the SettlementCourt's Orders in this Litigation and by this Agreement, if approved. The request for exclusion must be personally signed by the Class Member. So-called “mass” or “class” opt-outs shall not be allowed.
c. Within three 9.4.2 Any Person in the Class who submits a request for exclusion may not file an objection to the Settlement. If a Class Member submits a written request for exclusion pursuant to Paragraph 9.4 above, he or she shall be deemed to have complied with the terms of the opt-out procedure and shall not be bound by the Agreement if approved by the Court.
9.4.3 After Notice is disseminated and at least fifteen (15) days prior to the Final Approval Hearing, the Parties shall request and seek to obtain from the Court a Final Approval Order and Judgment, which will (among other things):
(i) find that the Court has personal jurisdiction over all Class Members and that the Court has subject-matter jurisdiction to approve the Agreement, including all exhibits hereto;
(ii) approve the Settlement Agreement and the proposed Settlement as fair, reasonable, and adequate as to, and in the best interests of, Class Members; direct the Parties and their counsel to implement and consummate the Agreement according to its terms and provisions; and declare the Agreement to be binding on, and have preclusive effect on all pending and future lawsuits or other proceedings maintained by or on behalf of Representative Plaintiff and the Releasing Parties;
(iii) find that the Notice and the Notice Plan implemented pursuant to the Agreement (1) constitute the best practicable notice under the circumstances; (2) constitute notice that is reasonably calculated, under the circumstances, to apprise members of the Class of the pendency of the Litigation, their right to object to or exclude themselves from the proposed Settlement, and to appear at the Final Approval Hearing; (3) business days after are reasonable and constitute due, adequate, and sufficient notice to all Persons entitled to receive notice; and (4) meet all applicable requirements of the Opt-Out DeadlineFederal Rules of Civil Procedure, the Settlement Administrator shall provide Counsel a written list reflecting Due Process Clause of the United States Constitution, and the rules of the Court;
(iv) dismiss the Action (including all timely individual claims and valid Opt-Outs from Class Member claims asserted therein) on the merits and with prejudice, without fees or costs to any Party, except as provided in the Settlement Class.
d. A list reflecting all timely and valid Opt-Outs shall also be filed with Agreement; incorporate the Court at the time releases set forth above in Paragraph 8, make those releases effective as of the motion for final approval date of the settlementFinal Approval Order and Judgment; and
(v) forever discharge the Released Parties as set forth herein; permanently bar and enjoin all Class Members from filing, commencing, continuing, prosecuting, intervening in, or participating (as class members or otherwise) in, any lawsuit or other action in any jurisdiction related to the Released Claims.
Appears in 2 contracts
Sources: Class Action Settlement Agreement, Class Action Settlement Agreement
Opt-Outs. 66. Opt-Out Period
a. Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all 9.4.1 Any Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class.
67. Opt-Out Process
a. Any Class Member who wishes does not wish to participate in this Settlement must write to the Settlement Administrator stating an intention to be excluded “excluded” from the Settlement Class must provide a this Settlement. This written request for exclusion must be sent via mail to the Settlement Administrator, known as an “OptAdministrator at the address set forth in the Summary Notice and Long-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before Form Notice and postmarked no later than the Opt-Out Deadline.
b. In order to . A request for exclusion must be validsigned by the Settlement Class Member, include the Opt-Out must include: (a) the Settlement Class Member’s name, address, telephone number, and the telephone phone number(s) at which any Calls (including any texts) from ▇▇▇▇▇ Fargo were received; (b) the name and/or number of he or she received calls covered by this case; Settlement, and (c) a statement clearly state that the Class Member Person wishes to be excluded from the Settlement ClassLitigation and the Settlement. An Opt-Out must be signed by the Class Member. An Opt-Out A request for exclusion that does not contain the required include all of this information, or that is sent to an address other than that designated in the notices, or that is not signed, or is not electronically submitted or postmarked by within the Opt-Out Deadlinetime specified, shall be invalid invalid, and the person Person serving such a request shall be considered a member of the Settlement Class and shall be bound as a Settlement Class Member by the SettlementCourt’s Orders in this Litigation and by this Agreement, if approved. The request for exclusion must be personally signed by the Settlement Class Member. So-called “mass” or “class” opt-outs shall not be allowed.
c. Within three (3) business days after 9.4.2 The Settlement Administrator will retain a copy of all requests for exclusion and will provide copies of any such requests to counsel for the Parties on a weekly basis. Class Counsel will keep any such Opt-Out Deadline, information confidential and use it only for purposes of determining whether a person in the Settlement Administrator shall provide Counsel a written list reflecting all timely and valid Opt-Outs Class has properly opted out. The names of those persons who have properly excluded themselves from the Settlement Class.
d. A list reflecting all timely and valid Opt-Outs shall also will be filed with provided to the Court at the time of in connection with the motion for final approval of the settlementSettlement.
9.4.3 All Settlement Class Members will be bound by all determinations and judgments in the Litigation. In the event that the number of persons in the Settlement Class who validly and timely submit Opt-Out requests exceeds 250, Defendants, following good faith discussions between them to reach agreement, may terminate the Settlement.
9.4.4 Any Person in the Settlement Class who submits a request for exclusion may not file an objection to the Settlement. If a Settlement Class Member submits a written request for exclusion pursuant to Paragraph 9.4.1 above, he or she shall be deemed to have complied with the terms of the opt-out procedure and shall not be bound by the Agreement if approved by the Court.
9.4.5 After notice is disseminated and at least fifteen (15) days prior to the Final Approval Hearing, the Parties shall request and seek to obtain from the Court a Final Approval Order and Judgment, which will (among other things):
(i) find that the Court has personal jurisdiction over all Settlement Class Members and that the Court has subject-matter jurisdiction to approve the Agreement, including all exhibits hereto;
(ii) approve the Settlement Agreement and the proposed Settlement as fair, reasonable, and adequate as to, and in the best interests of, Settlement Class Members; direct the Parties and their counsel to implement and consummate the Agreement according to its terms and provisions; and declare the Agreement to be binding on, and have preclusive effect on all pending and future lawsuits or other proceedings maintained by or on behalf of Representative Plaintiff and the Releasing Parties;
(iii) find that the notice and the Notice Plan implemented pursuant to the Agreement
(1) constitute the best practicable notice under the circumstances; (2) constitute notice that is reasonably calculated, under the circumstances, to apprise members of the Settlement Class of the pendency of the Litigation, their right to object to or exclude themselves from the proposed Settlement, and to appear at the Final Approval Hearing; (3) are reasonable and constitute due, adequate, and sufficient notice to all Persons entitled to receive notice; and (4) meet all applicable requirements of the Federal Rules of Civil Procedure, the Due Process Clause of the United States Constitution, and the rules of the Court;
(iv) dismiss the action (including all individual claims and Settlement Class Member claims asserted therein) on the merits and with prejudice, without fees or costs to any Party, except as provided in the Settlement Agreement; incorporate the releases set forth above in Paragraph 8, make those releases effective as of the date of the Final Approval Order and Judgment; and
(v) forever discharge the Released Parties as set forth herein; permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in, any lawsuit or other action in any jurisdiction related to the Released Claims.
Appears in 2 contracts
Sources: Class Action Settlement Agreement, Class Action Settlement Agreement
Opt-Outs. 66. Opt-Out Period
a. The Notice shall explain the procedure for Settlement Class Members will have up to and including approximately fortyexclude themselves or “opt-five out” of the Settlement by submitting a Request for Exclusion to the Settlement Administrator postmarked no later than sixty (4560) days following after the Notice Deadline to opt out of the settlement Deadline. The Notice also must state that any Settlement Class Member who does not file a timely Request for Exclusion in accordance with this Section (Paragraph will lose the “Opt-Out Deadline”). If opportunity to exclude himself or herself from the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline and will be bound by the Settlement and Settlement.
a. The Request for Exclusion must include the Class Releasename of the proceeding, the individual’s full name, current address, personal signature, and the relief provided by words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement will be their sole and exclusive remedy for at the claims alleged by top of the Settlement Classcommunication.
67. Optb. No person shall purport to exercise any exclusion rights of any other person, or purport
(a) to opt-Out Process
a. Any out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member who wishes to on a single paper, or as an agent or representative. Any such purported Requests for Exclusion shall be excluded from void, and the Settlement Class must provide Member(s) who is or are the subject of such purported Requests for Exclusion shall be treated as a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline.
b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from ▇▇▇▇▇ Fargo were received; (b) the name and/or number of this case; and (c) a statement that the Class Member wishes to be excluded from the Settlement Class. An Opt-Out must be signed by the Class Member. An Opt-Out request that does not contain the required information, is not signed, or is not electronically submitted or postmarked by the Opt-Out Deadline, shall be invalid and the person serving such a request shall be considered a member of the Settlement Class and shall be bound by this Settlement Agreement, including the SettlementRelease contained herein, if approvedand judgment entered thereon, unless he or she submits a valid and timely Request for Exclusion.
c. Within three seven (37) business days after the Opt-Out Deadline, the Settlement Administrator shall provide Counsel the Parties with a written complete and final list reflecting of all Opt Outs who have submitted a Request for Exclusion and have timely and valid Opt-Outs validity excluded themselves from the Settlement ClassClass and, upon request, copies of all Requests for Exclusion received.
d. A list reflecting all timely and valid Opt-Outs All persons who Opt Out shall also not receive any benefits or be filed with bound by the Court at terms of this Agreement. All persons falling within the time definition of the motion for final approval Settlement Class who do not Opt Out shall be bound by the terms of this Agreement and the settlementFinal Approval Order and Judgment.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Opt-Outs. 66. Opt-Out Period
a. All individuals on the Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to List may opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Optsubmitting a valid request for exclusion. All opt-Out Deadline will outs must be bound submitted by mail, in writing, addressed to the Settlement Administrator. The postmark deadline for requests for exclusion is sixty (60) days from the initial mailing of Class Notice and Claim Form. To be valid, the written request must state: “I do not want to be part of the Settlement Class in Pang v. Credit Plus,” or contain words to that effect. It must be signed and include the name of the individual on the Class ReleaseList making the request, along with name, address, phone number, and last four digits of their social security number. Notwithstanding the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by foregoing, no person within the Settlement Class.
67. Opt-Out Process
a. Any Class Member who wishes to be excluded from the Settlement Class must provide , or any person acting on behalf of or in concert or participation with that person, may submit a request for exclusion of any other person on the Class List. Requests for exclusion submitted en masse will be invalid. The Settlement Administrator shall provide copies of opt-outs received to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline.
b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from ▇▇▇▇▇ Fargo were received; (b) the name and/or number of this case; and (c) a statement that the Class Member wishes to be excluded from the Settlement Class. An Opt-Out must be signed by the Class Member. An Opt-Out request that does not contain the required information, is not signed, or is not electronically submitted or postmarked by the Opt-Out Deadline, shall be invalid and the person serving such a request shall be considered a member of the Settlement Class and shall be bound by the Settlement, if approved.
c. Within Parties no later than three (3) business days after they are received by the Opt-Out DeadlineSettlement Administrator. No later than fourteen (14) days before the Final Approval Hearing, the Settlement Administrator shall provide Counsel to Class Counsel, who shall file it with the Court, a written list reflecting declaration verifying that notice has been provided to the Settlement Class as set forth herein and listing all of the valid opt-outs received. All individuals on the Class List who timely and submit a valid Optopt-Outs out will exclude themselves from the Settlement Class and preserve their ability to independently pursue, at their own expense, any individual, non-class, non-representative claims he or she claims to have against Defendant. Any such individual on the Class List who so opts out will not be bound by further orders or judgments in the Litigation as they relate to the Settlement Class.
d. A list reflecting all timely and valid Opt-Outs . In the event of ambiguity as to whether someone has requested to be excluded, the individual shall also be filed with the Court at the time deemed not to have requested exclusion pursuant to this Section. No person who has opted out of the motion for final approval Settlement Class may object to any part of the settlementthis Settlement Agreement.
Appears in 1 contract
Sources: Settlement Agreement
Opt-Outs. 66. Opt-Out Period
a. All individuals on the Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to List may opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class.
67. Opt-Out Process
a. Any Class Member who wishes to be excluded from the Settlement Class must provide submitting a valid request for exclusion exclusion. All opt-outs must be submitted by mail, in writing, addressed to the Settlement Administrator, known as an “Opt-Out.” . The Opt-Out must be postmarked, or submitted electronically via postmark deadline for requests for exclusion is sixty (60) days from the Settlement Website, on or before the Opt-Out Deadline.
b. In order to initial mailing of Class Notice and Claim Form. To be valid, the Opt-Out written request must includestate: (a) “I do not want to be part of the Settlement Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from in ▇▇▇▇▇▇ Fargo were received; (b) ▇. ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇ Associates, Ltd.,” or contain words to that effect. It must be signed and include the name and/or number of this case; and (c) a statement that the individual on the Class Member wishes to be excluded from List making the request, along with name, address, phone number, and last four digits of their social security number. Notwithstanding the foregoing, no person within the Settlement Class. An Opt-Out must be signed by , or any person acting on behalf of or in concert or participation with that person, may submit a request for exclusion of any other person on the Class MemberList. An OptRequests for exclusion submitted en masse will be invalid. The Settlement Administrator shall provide copies of opt-Out request that does not contain outs received to the required information, is not signed, or is not electronically submitted or postmarked by the Opt-Out Deadline, shall be invalid and the person serving such a request shall be considered a member of the Settlement Class and shall be bound by the Settlement, if approved.
c. Within Parties no later than three (3) business days after they are received by the Opt-Out DeadlineSettlement Administrator. No later than fourteen (14) days before the Final Approval Hearing, the Settlement Administrator shall provide Counsel to Class Counsel, who shall file it with the Court, a written list reflecting declaration verifying that notice has been provided to the Settlement Class as set forth herein and listing all of the valid opt-outs received. All individuals on the Class List who timely and submit a valid Optopt-Outs out will exclude themselves from the Settlement Class and preserve their ability to independently pursue, at their own expense, any individual, non-class, non-representative claims he or she claims to have against Defendant. Any such individual on the Class List who so opts out will not be bound by further orders or judgments in the Litigation as they relate to the Settlement Class.
d. A list reflecting all timely and valid Opt-Outs . In the event of ambiguity as to whether someone has requested to be excluded, the individual shall also be filed with the Court at the time deemed not to have requested exclusion pursuant to this Section. No person who has opted out of the motion for final approval Settlement Class may object to any part of the settlementthis Settlement Agreement.
Appears in 1 contract
Sources: Settlement Agreement
Opt-Outs. 66. Opt-Out Period
a. Any Class Members will have up Member, other than any Class Representative, may elect to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by excluded from the Settlement and the Settlement Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by Opting-Out of the Settlement Class.
67. Opt-Out Process
a. Any Class Member who wishes desires to be excluded from the Settlement Class must provide a request for exclusion give written notice of the election to Opt-Out on or before the Opt Out Deadline specified in the Preliminary Approval Order, mailed to the Settlement Administrator, known as an “Opt-Out.” The . Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline.
b. In order to be valid, the Opt-Out must includerequests must: (ai) be signed by the Class Member’s Member who is requesting exclusion; (ii) include the full name, address, telephone numberphone number(s), and email(s) of the telephone number(s) at which any Calls (including any texts) from ▇▇▇▇▇ Fargo were received; (b) the name and/or number of this caseClass Member requesting exclusion; and (ciii) a statement that include the Class Member wishes following statement: “I/We request to be excluded from the Settlement Class. An Opt-Out must be signed by Class and Settlement in the Class Member. An ▇▇▇▇▇▇▇ Action.” No Opt-Out request that does not contain will be valid unless all of the required information, information described above is not signedincluded. No Class Member, or is any person acting on behalf of or in concert or participation with that Class Member, may exclude any other Class Member from a Settlement Class, and no Class Member shall be deemed opted-out of a Settlement Class through any purported “mass” or “class” opt- outs. So-called “mass” or “class” opt-outs shall not electronically submitted or postmarked by be allowed and shall be deemed invalid.
b. The last date for Class Members to Opt-Out of a Settlement Class and Settlement will, subject to Court approval, be on the Opt-Out Deadline, shall be invalid and Deadline contained in the person serving such Preliminary Approval Order. Class Members who timely Opt-Out of a request shall be considered a member of the Settlement Class and Settlement will
c. In the event that ten percent (10%) or more of a Settlement Class Opts-Out, Defendants shall have the option to elect to terminate this Agreement pursuant to Paragraph 16.1, in which circumstance the Settlement will become null and void and the Parties and status of the Action will return to the status quo ante as described in Paragraph 16.14.
d. The Settlement Administrator shall provide the Parties weekly written updates identifying the number, and identity of Class Members who have elected to Opt-Out from the Settlement Class. The final update shall be bound by the Settlement, if approved.
c. Within three provided within ten (310) business days after the Opt-Out Deadline, the and Defendants shall then have ten (10) days to notify Plaintiffs if they elect to terminate this Agreement pursuant to Subsection (d) of Paragraph 16.1.
e. The Class Representatives affirmatively support this Settlement Administrator shall provide Counsel a written list reflecting all timely and valid agree not to Opt-Outs from Out of this Settlement. None of the Settlement Class.
d. A list reflecting all timely and valid Class Representatives, Class Counsel, or Defendants or their counsel shall in any way encourage any Class Member to Opt-Outs shall also be filed with the Court at the time of the motion for final approval of the settlementOut, file an Objection, or discourage any Class Member from participating in this Settlement.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Opt-Outs. 66. OptA member of the Settlement Class who wishes to opt-Out Period
a. Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class.
67. Opt-Out Process
a. Any Class Member who wishes to be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, do so on or before the Opt-Out and Objection Deadline.
b. In order to be valid. To opt-out, a Settlement Class member must inform the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from ▇▇▇▇▇ Fargo were received; (b) the name and/or number of this case; and (c) a statement Settlement Administrator in writing that the Class Member he or she wishes to be excluded from the Settlement Class. An Opt, sending that request by U.S. Mail, post-Out must be signed by the Class Member. An Opt-Out request that does not contain the required information, is not signed, or is not electronically submitted or postmarked by marked no later than the Opt-Out and Objection Deadline, shall or by private courier (e.g., Federal Express), shipped no later than the Opt-Out and Objection Deadline. The opt-out request must be invalid and personally signed by the person serving such a request shall be considered a member of the Settlement Class and shall be bound by contain the Settlementname, if approved.
c. Within three (3) business days after the Opt-Out Deadlinepostal address, telephone number, a brief statement identifying membership in the Settlement Administrator shall provide Counsel Class, and a written list reflecting all timely and valid Opt-Outs statement that indicates a desire to be excluded from the Settlement Class. A member of the Settlement Class may opt out on an individual and personal basis only; so--outs shall not be allowed.
d. A list reflecting all a. Except for those members of the Settlement Class who timely and valid Optproperly submit an opt-Outs shall also be filed with the Court at the time out request, all other members of the motion Settlement Class will be deemed to be Settlement Class Members for final approval all purposes under the Agreement, and upon the Effective Date, will be bound by its terms, regardless of whether they file a Claim Form or receive any Settlement Benefit.
b. Any member of the settlementSettlement Class who properly opts-out of the Settlement Class shall not: (i) be bound by any orders or judgments entered in the Action or relating to the Settlement; (ii) be entitled to relief under, or be affected by, the Agreement; (iii) gain any rights by virtue of the Agreement; or (iv) be entitled to object to any aspect of the Settlement. Any statement or submission purporting or appearing to be both an objection and an opt-out shall be treated as a request for exclusion.
Appears in 1 contract
Sources: Settlement Agreement
Opt-Outs. 66. Opt-Out Period
a. A Settlement Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to Member may opt out of the settlement Settlement by submitting an opt-out request to the Settlement Administrator by U.S. mail, as set forth in accordance with this Section (the “OptNotice. Any such opt-Out Deadline”). If the settlement is finally approved by the Courtout request, all Settlement Class Members who have not opted out in order to be timely, must be postmarked by the Opt-Out Deadline will be bound (or other date required by the Settlement and Court). The Request for Exclusion must set forth the Class Releasefollowing:
(a) The name of this Action (“▇▇▇▇▇▇▇▇ v. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Medical Center”);
(b) the full name, address, and telephone number of the relief provided by person requesting to be excluded;
(c) the Settlement will be their sole and exclusive remedy words “Request for Exclusion” at the claims alleged by top of the Settlement Class.document; and
67. Opt-Out Process
a. Any Class Member who wishes to (d) a declaration stating “I request that I be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline.
b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from in ▇▇▇▇▇▇▇▇ Fargo were received; (b) v. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Medical Center, and do not wish to participate in the name and/or number of this case; and (c) a statement settlement. I understand that the Class Member wishes by requesting to be excluded from the Settlement Class. An Opt, I will not receive any benefits under the Settlement.” Requests to opt-Out out must be signed exercised individually by the a Settlement Class Member. An Opt-Out request that does , not contain the required informationas or on behalf of a group, is not signedclass, or is not electronically submitted or postmarked by the Opt-Out Deadline, shall be invalid and the person serving such a request shall be considered a member of the Settlement Class and shall be bound by the Settlement, if approved.
c. subclass. Within three (3) business days after the Opt-Out Deadline, the Settlement Administrator shall provide Counsel furnish to counsel for the Settling Parties a written complete list reflecting of all timely and valid Opt-Outs requests for exclusion, which shall be submitted to the Court in advance of the Final Approval Hearing. All Settlement Class Members who do not timely and properly exclude themselves from the Settlement Class.
d. Class shall be bound by this Agreement, and their claims shall be released as provided for herein. A list reflecting all timely Settlement Class Member cannot submit an opt-out request and valid Opta Claim Form. If a Settlement Class Member submits an opt-Outs shall also be filed out request and a Claim Form, the Settlement Administrator will determine based on the communication with the Court at latest date (provided it is timely) whether the time of the motion for final approval of the settlementSettlement Class Member intends to opt out or submit a Claim Form.
Appears in 1 contract
Sources: Settlement Agreement
Opt-Outs. 66. Opt-Out Period
a. A Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to Member may opt out of the settlement Settlement by submitting an opt-out request to the Settlement Administrator by U.S. mail, as set forth in accordance with this Section (the “OptNotice. Any such opt-Out Deadline”). If the settlement is finally approved by the Courtout request, all Settlement Class Members who have not opted out in order to be timely, must be postmarked by the Opt-Out Deadline will be bound (or other date required by the Settlement and Court). The Request for Exclusion must set forth the Class Releasefollowing:
(a) the name of this Action (“▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇-▇▇▇▇▇▇ Corporation”);
(b) the full name, address, and telephone number of the relief provided by person requesting to be excluded;
(c) the Settlement will be their sole and exclusive remedy words “Request for Exclusion” at the claims alleged by top of the Settlement Class.document; and
67. Opt-Out Process
a. Any Class Member who wishes to (d) a declaration stating “I request that I be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline.
b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from in ▇▇▇▇▇▇▇▇ Fargo were received; (b) ▇. ▇▇▇▇▇-▇▇▇▇▇▇ Corporation, and do not wish to participate in the name and/or number of this case; and (c) a statement settlement. I understand that the Class Member wishes by requesting to be excluded from the Settlement Class. An Opt, I will not receive any benefits under the Settlement.” Requests to opt-Out out must be signed exercised individually by the a Class Member. An Opt-Out request that does , not contain the required informationas or on behalf of a group, is not signedclass, or is not electronically submitted or postmarked by the Opt-Out Deadline, subclass. A list of Class Members submitting a timely request for exclusion shall be invalid submitted to the Court with the Motion for Final Approval. All Class Members who do not timely and the person serving such a request shall be considered a member of properly exclude themselves from the Settlement Class and shall be bound by the Settlementthis Agreement, if approved.
c. Within three (3) business days after the Optand their claims shall be released as provided for herein. A Class Member cannot submit an opt-Out Deadlineout request and a Claim Form. If a Class Member submits an opt-out request and a Claim Form, the Settlement Administrator shall provide Counsel will determine based on the communication with the latest date (provided it is timely) whether the Class Member intends to opt out or submit a written list reflecting all timely Claim Form. A Class Member cannot submit both an opt-out request and valid an objection. If a Class Member submits both an opt-out request and an objection, the Settlement Administrator will send a letter explaining that they are not permitted to make both such requests, and asking the Class Member to make a final decision as to whether to opt out or object and inform the Settlement Administrator of that decision within ten (10) days. If the Class Member does not respond to that communication within ten (10) days after it was mailed (or by the Objection and Opt-Outs from Out Deadlines, whichever is later), the Settlement Class.
d. A list reflecting all timely and valid Opt-Outs shall also Class Member will be filed with the Court at the time treated as having opted out of the motion for final approval of Class, and the settlementobjection will not be considered, subject to the Court’s discretion.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Opt-Outs. 66. Opt-Out Period
a. Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class.
67. Opt-Out Process
a. 9.4.1 Any Class Member who wishes does not wish to participate in this Settlement must write to the Settlement Administrator stating an intention to be excluded “excluded” from the Settlement Class must provide a this Settlement. This written request for exclusion must be sent via first class United States mail to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via Administrator at the Settlement Website, on or before address set forth in the Notice and postmarked no later than the Opt-Out Deadline.
b. In order to . A request for exclusion must be validsigned by the Class Member, the Opt-Out and must include: (a) include the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from ▇▇▇▇▇ Fargo were received; (b) number that allegedly received a call made by or on behalf of Defendant during the name and/or number of this case; Settlement Class Period, and (c) a statement must clearly state that the Class Member Person wishes to be excluded from the Settlement ClassLitigation and the Agreement. An Opt-Out A request for exclusion that does not include all of this information, or that is sent to an address other than that designated in the Notice, or that is not postmarked within the time specified, shall be invalid, and the Person serving such a request shall be a member of the Class and shall be bound as a Class Member by the Court’s Orders in this Litigation and by this Agreement, if approved. The request for exclusion must be personally signed by the Class Member. An OptSo-Out called “mass” or “class” opt-outs shall not be allowed.
9.4.2 Any Person in the Class who submits a request that does for exclusion may not contain file an objection to the required informationSettlement. If a Class Member submits a written request for exclusion pursuant to Paragraph 9.4.1 above, is not signed, he or is not electronically submitted or postmarked by the Opt-Out Deadline, she shall be invalid and deemed to have complied with the person serving such a request shall be considered a member terms of the Settlement Class opt-out procedure and shall not be bound by the Agreement if approved by the Court.
9.4.3 After Notice is disseminated and at least fifteen (15) days prior to the Final Approval Hearing, the Parties shall request and seek to obtain from the Court a Final Approval Order and Judgment, which will (among other things):
(i) find that the Court has personal jurisdiction over all Class Members and that the Court has subject-matter jurisdiction to approve the Agreement, including all exhibits hereto;
(ii) approve the Settlement Agreement and the proposed Settlement as fair, reasonable, and adequate as to, and in the best interests of, Class Members; direct the Parties and their counsel to implement and consummate the Agreement according to its terms and provisions; and declare the Agreement to be binding on, and have preclusive effect on all pending and future lawsuits or other proceedings maintained by or on behalf of Representative Plaintiff and the Releasing Parties;
(iii) find that the Notice and the Notice Plan implemented pursuant to the Agreement (1) constitute the best practicable notice under the circumstances; (2) constitute notice that is reasonably calculated, under the circumstances, to apprise members of the Class of the pendency of the Litigation, their right to object to or exclude themselves from the proposed Settlement, if approved.
c. Within three and to appear at the Final Approval Hearing; (3) business days after are reasonable and constitute due, adequate, and sufficient notice to all Persons entitled to receive notice; and (4) meet all applicable requirements of the Opt-Out DeadlineFederal Rules of Civil Procedure, the Settlement Administrator shall provide Counsel a written list reflecting Due Process Clause of the United States Constitution, and the rules of the Court;
(iv) dismiss the Action (including all timely individual claims and valid Opt-Outs from Class Member claims asserted therein) on the merits and with prejudice, without fees or costs to any Party, except as provided in the Settlement Class.
d. A list reflecting all timely and valid Opt-Outs shall also be filed with Agreement; incorporate the Court at the time releases set forth above in Paragraph 8, make those releases effective as of the motion for final approval date of the settlementFinal Approval Order and Judgment; and
(v) forever discharge the Released Parties as set forth herein; permanently bar and enjoin all Class Members from filing, commencing, continuing, prosecuting, intervening in, or participating (as class members or otherwise) in, any lawsuit or other action in any jurisdiction related to the Released Claims.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Opt-Outs. 66. Opt-Out Period
a. Class Members will have up to and including approximately forty-five (45) days following The Notice shall explain the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all procedure for Settlement Class Members to exclude themselves or “opt-out” of the Settlement by submitting a Request for Exclusion to the Settlement Administrator postmarked no later than sixty (60) days after the Notice Deadline. The Notice also must state that any Settlement Class Member who have does not opted file a timely Request for
a. The Request for Exclusion must include the name of the proceeding, the individual’s full name, current address, personal signature, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement.
b. No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out by Settlement Class Members as a group, in the Optaggregate, or as a class; or (b) to opt-Out Deadline will out more than one Settlement Class Member on a single Request for Exclusion, or as an agent or representative. Any such purported Request(s) for Exclusion shall be void, and the Settlement Class Member(s) who is or are the subject of such purported Request(s) for Exclusion shall be treated as a Participating Settlement Class Member and be bound by this Settlement Agreement, including the Settlement and the Class ReleaseRelease contained herein, and the relief provided by the Settlement will be their sole judgment entered thereon, unless he or she submits a valid and exclusive remedy timely Request for the claims alleged by the Settlement Class.
67. Opt-Out Process
a. Any Class Member who wishes to be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline.
b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from ▇▇▇▇▇ Fargo were received; (b) the name and/or number of this case; and (c) a statement that the Class Member wishes to be excluded from the Settlement Class. An Opt-Out must be signed by the Class Member. An Opt-Out request that does not contain the required information, is not signed, or is not electronically submitted or postmarked by the Opt-Out Deadline, shall be invalid and the person serving such a request shall be considered a member of the Settlement Class and shall be bound by the Settlement, if approvedExclusion.
c. Within three seven (37) business days after the Opt-Out Deadline, the Settlement Administrator shall provide Counsel the Parties with a written complete and final list reflecting of all timely and valid Opt-Outs from the Settlement ClassOpt Outs.
d. A list reflecting all timely and valid Opt-Outs All persons who Opt Out shall also not receive any benefits or be filed with bound by the Court at the time terms of the motion for final approval of the settlementthis Agreement.
Appears in 1 contract
Sources: Settlement Agreement
Opt-Outs. 66. Opt-Out Period
a. A Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to Member may opt out of the settlement Settlement by submitting an opt-out request to the Settlement Administrator by U.S. mail, as set forth in accordance with this Section (the “OptNotice. Any such opt-Out Deadline”). If the settlement is finally approved by the Courtout request, all Settlement Class Members who have not opted out in order to be timely, must be postmarked by the Opt-Out Deadline will be bound (or other date required by the Settlement and Court). The Request for Exclusion must set forth the Class Releasefollowing:
(a) The name of this Action (“▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇ v. St. ▇▇▇▇▇▇▇ College”);
(b) the full name, address, and telephone number of the relief provided by person requesting to be excluded;
(c) the Settlement will be their sole and exclusive remedy words “Request for Exclusion” at the claims alleged by top of the Settlement Class.document; and
67. Opt-Out Process
a. Any Class Member who wishes to (d) a declaration stating “I request that I be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Optin ▇▇▇▇▇▇-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline.
b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from ▇▇▇▇▇▇▇▇▇ Fargo were received; (b) v. St. ▇▇▇▇▇▇▇ College, and do not wish to participate in the name and/or number of this case; and (c) a statement settlement. I understand that the Class Member wishes by requesting to be excluded from the Settlement Class. An Opt, I will not receive any benefits under the Settlement.” Requests to opt-Out out must be signed exercised individually by the a Class Member. An Opt-Out request that does , not contain the required informationas or on behalf of a group, is not signedclass, or is not electronically submitted or postmarked by the Opt-Out Deadline, shall be invalid and the person serving such a request shall be considered a member of the Settlement Class and shall be bound by the Settlement, if approved.
c. subclass. Within three seven (37) business days after the Opt-Out Deadline, the Settlement Administrator shall provide Counsel furnish to counsel for the Parties a written complete list reflecting of all timely and valid Opt-Outs requests for exclusion, which shall be submitted to the Court with the Motion for Final Approval. All Class Members who do not timely and properly exclude themselves from the Settlement Class.
d. Class shall be bound by this Agreement, and their claims shall be released as provided for herein. A list reflecting all timely Class Member cannot submit an opt-out request and valid Opta Claim Form. If a Class Member submits an opt-Outs shall also be filed out request and a Claim Form, the Settlement Administrator will determine based on the communication with the Court at latest date (provided it is timely) whether the time of the motion for final approval of the settlementClass Member intends to opt out or submit a Claim Form.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Opt-Outs. 66. Opt-Out Period
a. Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class.
67. Opt-Out Process
a. 9.4.1 Any Class Member who wishes does not wish to participate in this Settlement must write to the Settlement Administrator stating an intention to be excluded “excluded” from the Settlement Class must provide a this Settlement. This written request for exclusion must be sent via first class United States mail to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via Administrator at the Settlement Website, on or before address set forth in the Notice and postmarked no later than the Opt-Out Deadline.
b. In order to . A request for exclusion must be validsigned by the Class Member, the Opt-Out and must include: (a) include the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from ▇▇▇▇▇ Fargo were received; (b) number that allegedly received a call made by or on behalf of Defendant during the name and/or number of this case; Settlement Class Period, and (c) a statement must clearly state that the Class Member Person wishes to be excluded from the Settlement ClassLitigation and the Agreement. An Opt-Out A request for exclusion that does not include all of this information, or that is sent to an address other than that designated in the Notice, or that is not postmarked within the time specified, shall be invalid, and the Person serving such a request shall be a member of the Class and shall be bound as a Class Member by the Court’s Orders in this Litigation and by this Agreement, if approved. The request for exclusion must be personally signed by the Class Member. An OptSo-Out called “mass” or “class” opt-outs shall not be allowed.
9.4.2 Any Person in the Class who submits a request that does for exclusion may not contain file an objection to the required informationSettlement. If a Class Member submits a written request for exclusion pursuant to Paragraph 9.4 above, is not signed, he or is not electronically submitted or postmarked by the Opt-Out Deadline, she shall be invalid and deemed to have complied with the person serving such a request shall be considered a member terms of the Settlement Class opt-out procedure and shall not be bound by the Agreement if approved by the Court.
9.4.3 After Notice is disseminated and at least fifteen (15) days prior to the Final Approval Hearing, the Parties shall request and seek to obtain from the Court a Final Approval Order and Judgment, which will (among other things):
(i) find that the Court has personal jurisdiction over all Class Members and that the Court has subject-matter jurisdiction to approve the Agreement, including all exhibits hereto;
(ii) approve the Settlement Agreement and the proposed Settlement as fair, reasonable, and adequate as to, and in the best interests of, Class Members; direct the Parties and their counsel to implement and consummate the Agreement according to its terms and provisions; and declare the Agreement to be binding on, and have preclusive effect on all pending and future lawsuits or other proceedings maintained by or on behalf of Representative Plaintiff and the Releasing Parties;
(iii) find that the Notice and the Notice Plan implemented pursuant to the Agreement (1) constitute the best practicable notice under the circumstances; (2) constitute notice that is reasonably calculated, under the circumstances, to apprise members of the Class of the pendency of the Litigation, their right to object to or exclude themselves from the proposed Settlement, if approved.
c. Within three and to appear at the Final Approval Hearing; (3) business days after are reasonable and constitute due, adequate, and sufficient notice to all Persons entitled to receive notice; and (4) meet all applicable requirements of the Opt-Out DeadlineFlorida Rules of Civil Procedure, the Settlement Administrator shall provide Counsel a written list reflecting United States and Florida Constitutions, and the rules of the Court;
(iv) dismiss the Action (including all timely individual claims and valid Opt-Outs from Class Member claims asserted therein) on the merits and with prejudice, without fees or costs to any Party, except as provided in the Settlement Class.
d. A list reflecting all timely and valid Opt-Outs shall also be filed with Agreement; incorporate the Court at the time releases set forth above in Paragraph 8, make those releases effective as of the motion for final approval date of the settlementFinal Approval Order and Judgment; and
(v) forever discharge the Released Parties as set forth herein; permanently bar and enjoin all Class Members from filing, commencing, continuing, prosecuting, intervening in, or participating (as class members or otherwise) in, any lawsuit or other action in any jurisdiction related to the Released Claims.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Opt-Outs. 661. Opt-Out Period
a. Settlement Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to may opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”)Settlement. If the settlement is finally approved by the CourtTo be effective, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class.
67. Opt-Out Process
a. Any Class Member who wishes to be excluded from the Settlement Class must provide a an exclusion request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, postmarked or submitted electronically via the Settlement Website, on or before received no later than the Opt-Out Deadline.
b. In order to be valid, as specified in the Opt-Out Notice. Any written notification or exclusion request must includeinclude the following information: (ai) the Class Membercase name and number; (ii) the individual’s full name, mailing address, email address, and telephone number, and ; (iii) a statement that he or she used the telephone number(s) at which any Calls (including any texts) from beauty tech tools or other virtual try on tool on the ▇▇▇▇▇▇▇▇▇ Fargo were received▇▇▇▇▇▇▇ Beauty Website and/or the App, within the state of Illinois, and during the Class Period; (b) the name and/or number of this case; and (civ) a statement that the Class Member wishes he or she wants to be excluded from the Settlement Class; and (v) the individual’s signature.
2. An Only one individual may be excluded from the Settlement Class per each written FILED DATE: 8/8/2024 8:04 AM 2022CH11832 notification or exclusion form. No group opt-outs from the Settlement Class shall be permitted. The Settlement Administrator shall create a dedicated email address to receive exclusion requests electronically. The Settlement Administrator shall provide the Parties with copies of all completed opt-out notifications, and a final list of all individuals who have timely and validly excluded themselves from the Settlement Class, which Class Counsel may move to file under seal with the Court no later than ten (10) days prior to the Final Approval Hearing.
3. Any Settlement Class Member who does not timely and validly exclude himself or herself shall be bound by the terms of the Settlement Agreement. To be timely and valid, the exclusion must be postmarked or received by the Opt-Out must Deadline. A request to be signed by the Class Member. An Opt-Out request excluded that does not contain include all of the required foregoing information, or that is sent to an address other than that designated in the Notice, or that is not signed, postmarked or is not electronically submitted or postmarked received by the Opt-Out Deadline, or which otherwise does not comply with the requirements set for this Settlement Agreement, shall be invalid and the person serving submitting such a request shall be considered remain a member of the Settlement Class and shall be bound as a Settlement Class Member by the Settlementthis Settlement Agreement, if finally approved.
c. Within three (3) business days after the Opt-Out Deadline, the 4. Any Settlement Administrator shall provide Counsel a written list reflecting all Class Member who timely and valid Opt-Outs validly requests to be excluded from the Settlement ClassClass shall not: (i) be bound by the Settlement or Final Approval Order; (ii) be entitled to any relief under this Settlement Agreement; (iii) gain any rights by virtue of this Settlement Agreement; or (iv) be entitled to object to any aspect of this Settlement Agreement. Settlement Class Members cannot both object to and exclude themselves from this Agreement.
d. A list reflecting all 5. Where a Settlement Class Member files both a valid and timely Claim Form and a timely request for exclusion, the valid Opt-Outs timely filed Claim Form shall also be filed with the Court at the time of the motion for final approval of the settlementcontrol.
Appears in 1 contract
Sources: Settlement Agreement
Opt-Outs. 66. Opt-Out Period
a. 10.1.1 Any Class Members will have up Member, other than a Class Representative, may request to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by excluded from the Settlement and the Settlement Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by Opting-Out of the Settlement Class.
67. Opt-Out Process
a. Any Class Member who wishes desires to be excluded from the Settlement Class must provide a request for exclusion give written notice of the election to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline.
b. In order Deadline specified in the Preliminary Approval Order, mailed to be valid, the Settlement Administrator. Opt-Out must includerequests must: (ai) be personally signed by the Class Member’s Member who is requesting exclusion; (ii) include the full name, address, telephone numberphone number(s), and email(s) of the telephone number(s) at which any Calls (including any texts) from ▇▇▇▇▇ Fargo were received; (b) the name and/or number of this caseClass Member requesting exclusion; and (ciii) a statement that include the Class Member wishes following statement: “I/We request to be excluded from the Settlement Class. An Opt-Out must be signed by Class and Settlement in the Class Member. An City of Laurel Action.” No Opt-Out request that does not contain the required information, is not signed, or is not electronically submitted or postmarked by the will be valid unless all of
10.1.2 The last date for Class Members to Opt-Out Deadline, shall be invalid and the person serving such a request shall be considered a member of the Settlement Class and shall Settlement will, subject to Court approval, be on the Opt-Out Deadline contained in the Preliminary Approval Order. Class Members who timely Opt-Out of the Settlement Class and Settlement will not be bound by the terms of this Agreement, including any releases contained herein, nor will they be entitled to receive any benefits from the Settlement, if approved.
c. Within three (3) business days after 10.1.3 In the event that Class Members representing more than 25% of the Revenue Opt-Out Deadlineof the Settlement Class, Defendant shall have the option to elect to terminate this Agreement pursuant to Paragraph 16.1, in which circumstance the Settlement will become null and void and the Parties and status of the Action will return to the status quo ante as described in Paragraph 16.14.
10.1.4 The Settlement Administrator shall provide Counsel a the Parties weekly written list reflecting all timely updates identifying the number and valid identity of Class Members who have elected to Opt-Outs Out from the Settlement Class.. The final update shall be
d. A list reflecting all timely 10.1.5 The Class Representative affirmatively supports this Settlement and valid agrees not to Opt-Outs Out of this Settlement. Neither the Class Representative, Class Counsel, or Defendant or their counsel shall also be filed with the Court at the time of the motion for final approval of the settlementin any way encourage any Class Member to Opt-Out, file an Objection, or discourage any Class Member from participating in this Settlement.
Appears in 1 contract
Sources: Settlement Agreement
Opt-Outs. 6657. Any Potential Class Member who does not wish to participate in this Settlement must write to Class Counsel stating an intention to be excluded from this Settlement. Potential Class Members who want to opt out must complete the Opt-Out Period
a. Form attached as Schedule E, and send it via regular, first class, or registered mail to Class Members will have up Counsel. The envelope containing the Opt-Out Form sent to and including approximately forty-five (45) days following the Notice Deadline to opt out Class Counsel must be postmarked no later than the last day of the settlement in accordance with this Section (the “Opt-Out Deadline”), which is 45 days after the publication of the Pre-Approval Notice. If the settlement is finally approved The Opt-Out Form must be personally signed by the Court, all Settlement person who wishes to opt out. So-called “mass” or “class” opt-outs shall not be allowed.
58. Class Members who have not opted want to opt out and who are also residents of Quebec must, in addition to complying with section 57 above, do so by giving notice to the Clerk of the Superior Court of Quebec by the Opt-Out Deadline will be bound and in the manner prescribed by the Settlement and Code of Civil Procedure, as well as complete the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class.
67. Opt-Out Process
a. Any Form and file it with the Class Member who wishes to be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before Counsel by the Opt-Out Deadline.
b. In order 59. Any Class Member who does not Opt-Out of the Settlement has the right to object to the Settlement, if it meets the above-mentioned conditions and qualifies as a Potential Class Member. Any Class Member who wishes to object must timely submit an Objection, as provided for in this Settlement Agreement. If a person who would otherwise be valida Potential Class Member submits both an Objection and an Opt-Out, he or she shall be deemed to have complied with the terms of the Opt-Out must include: (a) the Class Member’s name, address, telephone numberprocedure, and the telephone number(s) at which any Calls (including any texts) from ▇▇▇▇▇ Fargo were received; (b) the name and/or number of this case; and (c) a statement that the Class Member wishes to shall not be excluded from bound by the Settlement Class. An Opt-Out must be signed Agreement, if approved by the Class MemberCourt.
60. An Opt-Out request that does not contain Within fifteen (15) days after the required information, is not signed, or is not electronically submitted or postmarked by expiration of the Opt-Out Deadline, Class Counsel shall be invalid provide the Defendants with an Opt-Out Report advising as to the names of any Opt-Outs, the reasons for their opting out, if known, and a copy of all information provided by that Opt-Out.
61. Upon the person serving such a request shall be considered a member Approval Judgment becoming final, any Class Member who has not timely opted out of the Settlement Class and shall be bound by the Settlement, if approved.
c. Within three (3) business days after the Opt-Out Deadline, terms of the Settlement Administrator shall provide Counsel a written list reflecting all timely and valid Opt-Outs from the Settlement ClassAgreement.
d. A list reflecting all timely and valid Opt-Outs shall also be filed with the Court at the time of the motion for final approval of the settlement.
Appears in 1 contract
Opt-Outs. 66. The Notice shall explain the procedure for Settlement Class Members to exclude themselves or “opt-out” of the Settlement by submitting a Request for Exclusion to the Settlement Administrator postmarked no later than the Opt-Out Period
a. Deadline. The Notice also must state that any Settlement Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement Member who does not file a timely Request for Exclusion in accordance with this Section (Paragraph will lose the “Opt-Out Deadline”). If opportunity to exclude himself or herself from the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline and will be bound by the Settlement and Settlement.
a. The Request for Exclusion must include the Class Releasename of the proceeding, the individual’s full name, current address, personal signature, and the relief provided by words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement will be their sole and exclusive remedy for at the claims alleged by top of the Settlement Classcommunication.
67. Optb. No person shall purport to exercise any exclusion rights of any other person, or purport
(a) to opt-Out Process
a. Any out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member who wishes to on a single paper, or as an agent or representative. Any such purported Requests for Exclusion shall be excluded from void, and the Settlement Class must provide Member(s) who is or are the subject of such purported Requests for Exclusion shall be treated as a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline.
b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from ▇▇▇▇▇ Fargo were received; (b) the name and/or number of this case; and (c) a statement that the Class Member wishes to be excluded from the Settlement Class. An Opt-Out must be signed by the Class Member. An Opt-Out request that does not contain the required information, is not signed, or is not electronically submitted or postmarked by the Opt-Out Deadline, shall be invalid and the person serving such a request shall be considered a member of the Settlement Class and shall be bound by this Settlement Agreement, including the SettlementRelease contained herein, if approvedand judgment entered thereon, unless he or she submits a valid and timely Request for Exclusion.
c. Within three seven (37) business days after the Opt-Out Deadline, the Settlement Administrator shall provide Counsel the Parties with a written complete and final list reflecting of all Opt Outs who have submitted a Request for Exclusion and have timely and valid Opt-Outs validity excluded themselves from the Settlement ClassClass and, upon request, copies of all Requests for Exclusion received.
d. A list reflecting all timely and valid Opt-Outs All persons who Opt Out shall also not receive any benefits or be filed with bound by the Court at terms of this Agreement. All persons falling within the time definition of the motion for final approval Settlement Class who do not Opt Out shall be bound by the terms of this Agreement and the settlementFinal Approval Order and Judgment.
Appears in 1 contract
Sources: Settlement Agreement
Opt-Outs. 669.1. Any Person who wishes to exclude themselves from the Settlement must submit a written Request to Opt-Out Period
a. Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the CourtSettlement Administrator, all Settlement Class Members who have not opted out by which shall be postmarked no later than the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for or submitted online through the claims alleged by the Settlement Class.
67. Opt-Out Process
a. Any Class Member who wishes to be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before portal and verified no later than the Opt-Out Deadline.
b. In order 9.2. The written Request to be valid, the Opt-Out must include: must:
(a) Identify the Class Member’s name, address, telephone number, and case name of the telephone number(s) at which any Calls (including any texts) from ▇▇▇▇▇ Fargo were received; Action;
(b) Identify the name and/or name, current address, email address, and phone number of this case; and the Person seeking exclusion from the Settlement;
(c) Be personally signed by the Person seeking exclusion;
(d) Include a statement that clearly indicating the Class Member wishes Person’s intent to be excluded from the Settlement ClassSettlement;
(e) Request exclusion only for that one Person whose personal signature appears on the request;
(f) State that the Person seeking exclusion personally purchased a product from an Affected Family Dollar Store, from January 1, 2020, through February 18, 2022; and
(g) List the Affected Family Dollar Store(s) from which the Person seeking exclusion purchased a product from January 1, 2020 through February 18, 2022.
9.3. An To be effective and valid, opt-out requests submitted online must verify the Request to Opt-Out must be signed by no later than the Class Member. An Opt-Out Deadline using the link sent to the Person who submitted the request that for exclusion.
9.4. Opt-out requests seeking exclusion on behalf of more than one Person shall be deemed invalid by the Settlement Administrator.
9.5. Any Person who submits a valid and timely Request to Opt-Out in the manner described herein shall not: (i) be bound by any orders or judgments entered in connection with the Settlement; (ii) be entitled to any relief under, or be affected by, the Agreement; (iii) gain any rights by virtue of the Settlement Agreement; or (iv) be entitled to object to any aspect of the Settlement.
9.6. Any member of the Settlement Class who does not contain submit a valid and timely request for exclusion in the required information, is not signed, or is not electronically submitted or postmarked by manner described herein shall be deemed to be a Settlement Class Member upon expiration of the Opt-Out Deadline, shall be invalid and the person serving such a request shall be considered a member of the Settlement Class and shall be bound by the Settlementall subsequent proceedings, if approvedorders, and judgments applicable to Settlement Class Members.
c. Within three (3) business days 9.7. As soon as practicable after the Opt-Out Deadline, the Settlement Administrator shall provide the Court, Defendants, and Class Counsel with a written list reflecting all of the Persons who timely and valid Optvalidly requested to opt-Outs out from the Settlement ClassSettlement.
d. A list reflecting all timely and valid Opt-Outs shall also be filed with the Court at the time of the motion for final approval of the settlement.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Opt-Outs. 66. Opt-Out Period
a. Any member of the Settlement Class Members will have up may elect to be excluded from this Settlement and including approximately forty-five (45) days following from the Notice Deadline to opt Settlement Class by timely and properly opting out of the settlement in accordance with this Section (Settlement Class. Any member of the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class.
67. Opt-Out Process
a. Any Class Member who wishes desires to be excluded from the Settlement Class must provide a request for exclusion give to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, Claims Administrator on or before the Opt-Out Deadline.
b. In order date specified in the Settlement Notice written notice of his election to be valid, excluded. Any notice of exclusion shall include the Opt-Out must includefollowing from the member of the Settlement Class seeking to be excluded: (a) the Class Member’s full name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from ▇▇▇▇▇ Fargo were received; (b) the name and/or number of this case; and phone number, (c) email address, (d) current address, (e) a statement that the Class Member person wishes to be excluded from the Settlement Classsettlement, and (f) the signature of the person who wishes to be excluded from the settlement (or is authorized to make such request for an entity that wishes to be excluded from the settlement). An OptAny such opt-Out out request must be signed by made in accordance with the Class Memberterms set forth in this Agreement. An Opt-Out request that does not contain Notice will be timely only if postmarked no later than 60 calendar days before the required information, is not signed, Final Fairness Hearing. The Claims Administrator will provide Defendants’ Counsel in writing a list of those persons or is not electronically submitted or postmarked by the Opt-Out Deadline, shall be invalid and the person serving such a request shall be considered a member entities who have opted out of the Settlement Class and shall be bound by the Settlement, if approved.
c. Within three the opt-out percentages, and how those opt-out percentages were determined. Settlement Class Members who timely opt-out of the Class Action Settlement shall: (3a) business days after the Opt-Out Deadline, the Settlement Administrator shall provide Counsel a written list reflecting all timely and valid Opt-Outs be excluded from the Settlement Class.
d. A list reflecting all timely and valid Opt-Outs shall also be filed with Settlement; (b) have no right to receive any benefits under the Court at the time of the motion for final approval of the settlement.Settlement;
Appears in 1 contract
Sources: Settlement Agreement
Opt-Outs. 661. OptA Person in the Settlement Class who wishes to opt-Out Period
a. Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by must complete and send to the Settlement Administrator a request for exclusion that is post-marked or submitted electronically no later than the Opt-Out Deadline will And Objection Date. The request for exclusion must be bound personally signed by the Settlement and the Class Release, and the relief provided by Person in the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class.
67. Opt-Out Process
a. Any Class Member who wishes requesting exclusion, contain a statement that indicates his or her desire to be excluded from the Settlement Class must provide in the matter of Nilchian v. Organic Pastures Dairy Company, LLC (or sufficient words to indicate the present lawsuit against Raw Farm, LLC f/k/a request for exclusion to Organic Pastures Dairy Company, LLC), and contain a statement that he or she is otherwise a Person in the Settlement AdministratorClass and purchased one or more of the Covered Product.
2. A Person in the Settlement Class may opt-out on an individual basis only. So-called “mass” or “class” opt-outs, known as an whether filed by third parties on behalf of a “mass” or “class” of class members or multiple class members where no personal statement has been signed by each and every Person who desires to Opt-Out.” The Opt-Out must , shall not be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadlineallowed.
b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from ▇▇▇▇▇ Fargo were received; (b) the name and/or number of this case; and (c) a statement that the Class Member wishes to be excluded from the Settlement Class3. An Opt-Out must be signed by who submits a Claim Form to the Class MemberSettlement Administrator thereby rescinds any request for exclusion, and is no longer an Opt-Out. An Opt-Out request may rescind his/her opt-out in any manner that does not contain makes his/her desire to rescind clearly known to the required information, is not signed, or is not electronically submitted or postmarked by Court in advance of the Opt-Out DeadlineAnd Objection Date. Anyone who does so is no longer an Opt-Out.
4. Except for Opt-Outs, all Persons in the Settlement Class will be deemed to be Settlement Class Members for all purposes under the Settlement Agreement, and upon the Effective Date, will be bound by its terms, regardless of whether they file a Claim Form or receive any Cash Award.
5. Any Opt-Out shall not: (a) be invalid and entitled to relief under the person serving such a request shall be considered a member Settlement Agreement; (b) gain any rights by virtue of the Settlement Class Agreement; or (c) be entitled to object to any aspect of the Settlement Agreement.
6. The Settlement Administrator shall maintain an Opt-Out List and shall be bound by the Settlement, if approved.
c. Within three provide it to Settlement Class Counsel and RAW FARM’s Counsel within fourteen (314) business days Days after the Opt-Out Deadline, the Settlement Administrator shall provide Counsel a written list reflecting all timely and valid Opt-Outs from the Settlement ClassAnd Objection Date.
d. A list reflecting all timely and valid Opt-Outs shall also be filed with the Court at the time of the motion for final approval of the settlement.
Appears in 1 contract
Sources: Settlement Agreement