Requests for Exclusion. Any Settlement Class member who wishes to opt-out of the Settlement must complete and mail a Request for Exclusion (defined below) to the Settlement Administrator within sixty (60) calendar days of the date of the initial mailing of the Notice Packets (the “Response Deadline"). i. The Notice Packet shall state that Settlement Class members who wish to exclude themselves from the Settlement must submit a Request for Exclusion by the Response Deadline. The Request for Exclusion must: (1) contain the name, address, telephone number and the last four digits of the Social Security number of the Settlement Class member; (2) contain a statement that the Settlement Class member wishes to be excluded from the Settlement; (3) be signed by the Settlement Class member; and (4) be postmarked by the Response Deadline and mailed to the Settlement Administrator at the address specified in the Class Notice. If the Request for Exclusion does not contain the information listed in (1)-(3), it will not be deemed valid for exclusion from the Settlement, except a Request for Exclusion not containing a Settlement Class member’s telephone number and/or last four digits of the Social Security number will be deemed valid. The date of the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class member who requests to be excluded from the Settlement Class will not be entitled to any recovery under this Settlement Agreement (except for any amount due to him or her from the PAGA Amount, if applicable) and will not be bound by the terms of the Settlement (except for the PAGA release, if applicable) or have any right to object, appeal or comment thereon. ii. At no time will the Parties or their counsel seek to solicit or otherwise encourage any Settlement Class member to object to the Settlement or opt-out of the Settlement Class, or encourage any Settlement Class member to appeal from the final judgment.
Appears in 1 contract
Sources: Settlement Agreement
Requests for Exclusion. Any Settlement Class member who wishes to opt-out of the Settlement settlement must complete and mail a Request for Exclusion (defined below) to the Settlement Administrator within sixty forty-five (6045) calendar days of the date of the initial mailing of the Notice Packets (the “Response Deadline").
i. The Notice Packet shall state that Settlement Class members who wish to exclude themselves from the Settlement must submit a Request for Exclusion by the Response Deadline. The Request for Exclusion must: (1) contain the name, address, telephone number and the last four digits of the Social Security number of the Settlement Class member; (2) contain a statement that the Settlement Class member wishes to be excluded from the Settlement; (3) be signed by the Settlement Class member; and (4) be postmarked by the Response Deadline and mailed to the Settlement Administrator at the address specified in the Class Notice. If the Request for Exclusion does not contain the information listed in (1)-(3), it will not be deemed valid for exclusion from the Settlement, except a Request for Exclusion not containing a Settlement Class memberMember’s telephone number and/or last four digits of the Social Security number will be deemed valid. The date of the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class member who requests to be excluded from the Settlement Class will not be entitled to any recovery under this Settlement Agreement (except for any amount due to him or her from the PAGA Amount, if applicable) and will not be bound by the terms of the Settlement (except for the PAGA release, if applicable) or have any right to object, appeal or comment thereon.
ii. At no time will the Parties or their counsel seek to solicit or otherwise encourage any Settlement Class member to object to the Settlement or opt-out of the Settlement Class, or encourage any Settlement Class member to appeal from the final judgment.
Appears in 1 contract
Sources: Settlement Agreement
Requests for Exclusion. 1. Any Settlement Class member who wishes to opt-out of the Settlement must complete and mail a Request for Exclusion (defined below) to the Settlement Administrator within sixty (60) calendar days of the date of the initial mailing of the Notice Packets (the “Response Deadline").
i. The Notice Packet shall state that Settlement Class members who wish to exclude themselves from the Settlement must submit Member may make a Request for Exclusion by submitting it via the Response Deadline. The Request for Exclusion must: (1) contain the name, address, telephone number and the last four digits of the Social Security number of online portal on the Settlement Class member; (2) contain a statement that the Settlement Class member wishes to be excluded from the Settlement; (3) be signed Website or by the Settlement Class member; and (4) be postmarked by the Response Deadline and mailed mailing it to the Settlement Administrator at the address specified in the Class NoticeClaims Administrator. If mailed, the Request for Exclusion does not contain must be postmarked no later than the information listed Notice Response Deadline specified in (1)-(3)the Court’s Preliminary Approval Order. If submitted via the online portal, it will not be deemed valid for exclusion from the Settlement, except a Request for Exclusion not containing a Settlement Class member’s telephone number and/or last four digits of the Social Security number will be deemed valid. The date of the postmark on the Request for Exclusion shall must be submitted no later than the exclusive means used to determine whether a Request Notice Response Deadline specified in the Court’s Preliminary Approval Order. A Sample Exclusion Form will be included on the Settlement Website that will be substantially similar in the form of Exhibit F attached hereto. Requests for Exclusion has been timely submitted. Any must (A) state the Settlement Class member who requests Member’s full name and current address; (B) specifically and clearly state the Settlement Class Member’s desire to be excluded from the Settlement in Chandler v. The Regents of the University of California, Case No. 30-2020- 01169261-CU-BC-CXC (Superior Court of California, Orange County); and (C) include the Settlement Class will Member’s signature.
2. Settlement Class Members may opt out on an individual basis only. So-called “mass” or “class” opt-outs, 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, shall not be entitled to any recovery under this Settlement Agreement (except for any amount due to him or her from the PAGA Amount, if applicable) and will not be bound by the terms of the Settlement (except for the PAGA release, if applicable) or have any right to object, appeal or comment thereonpermitted.
ii3. At no time will the Parties or their counsel seek to solicit or otherwise encourage any Any Settlement Class member to Member who submits a timely Request for Exclusion may not object to the Settlement and will be deemed to have waived any rights or opt-out benefits under this Settlement Agreement. Any Settlement Class Member who submits both a Request for Exclusion and a Claim Form will be deemed to have requested to be excluded.
4. The Claims Administrator will promptly provide all Requests for Exclusion received to Settlement Class Counsel and Defendant’s Counsel. Settlement Class Counsel shall file a list of persons requesting exclusion from the Settlement Class, or encourage any Settlement Class member to appeal from with the Court along with the Final Approval Motion.
5. The Court is the final judgmentarbiter regarding the validity and authenticity of requests for exclusion.
Appears in 1 contract
Sources: Settlement Agreement
Requests for Exclusion. Any Settlement Class member Member who wishes to opt-opt out of the Settlement must complete submit a valid and mail a timely request in writing to be excluded from the Settlement (“Request for Exclusion (defined below) to the Settlement Administrator within sixty (60) calendar days of the date of the initial mailing of the Notice Packets (the “Response Deadline"Exclusion”).
i. The Notice Packet shall state that Settlement Class members who wish to exclude themselves from the Settlement must submit a Request for Exclusion by the Response Deadline. The Request for Exclusion must: (1) contain the case name and number of the ▇▇▇▇▇▇▇▇▇ Action; (2) contain the full name, address, telephone number number, and the last four digits of the Social Security social security number of the Settlement Class memberMember; (23) be signed by the Class Member; (4) contain a statement clearly indicating that the Settlement Class member Member wishes to be excluded from the Settlement; (3) be signed by the Settlement Class member; and (45) be postmarked by on or before the Response Deadline and mailed to the Settlement Administrator at the address specified in the Class Notice. If the Request for Exclusion does not contain satisfy the information requirements listed in items (1)-(31)- (5), it will not be deemed valid for exclusion from the Settlement, except a Request for Exclusion not containing a Settlement Class member’s telephone number and/or last four digits of the Social Security number will be deemed complete or valid. The date of the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class Member who submits a valid and timely Request for Exclusion will not be a member who requests to be excluded from of the Settlement Class Class, will not be entitled to any recovery under this Settlement Agreement (except for any amount due to him or her from the PAGA AmountAgreement, if applicable) and will not be bound by the terms of the Settlement (except for the PAGA release, if applicable) or have any right to object, appeal appeal, or comment thereon. If a Class Member submits both a Request for Exclusion and an Objection, then, the Request for Exclusion will be processed, and the Objection will be considered void.
ii. At no time will If more than five percent (5%) of the Class Members submit a valid Request for Exclusion (“opt out”), Defendant may, at its discretion, elect to rescind the Settlement by communicating that decision to both the Settlement Administrator and Class Counsel in writing within five (5) calendar days after the Settlement Administrator notifies the Parties or their counsel seek to solicit or otherwise encourage any Settlement Class member to object to that the 5% threshold has been exceeded, which the Settlement or opt-out of the Settlement Class, or encourage any Settlement Class member to appeal from the final judgment.Administrator shall do within five
Appears in 1 contract
Sources: Settlement Agreement
Requests for Exclusion. Any Settlement Class member who wishes to opt-opt out of the Settlement settlement must complete and mail a Request for Exclusion (defined below) to the Settlement Administrator within sixty forty-five (6045) calendar days of the date of the initial mailing of the Notice Packets (the “Response Deadline").
i. The Notice Packet shall state that Settlement Class members who wish to exclude themselves from the Settlement settlement must submit a Request for Exclusion by the Response Deadline. The Request for Exclusion mustExclusion: (1) must contain the name, address, telephone number number, and the last four digits of the Social Security number of the Settlement Class member; (2) contain a statement that the Settlement Class member wishes to be excluded from the Settlement; (3) must be signed by the Settlement Class member; and (4) must be postmarked by the Response Deadline and mailed to the Settlement Administrator at the address specified in the Class Notice. If the Request for Exclusion does not contain the information listed in (1)-(3), it will not be deemed valid for exclusion from the Settlementthis settlement, except a Request for Exclusion not containing a Settlement Class member’s 's telephone number and/or last four digits of the Social Security number will be deemed valid. The date of the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class member who requests to be excluded from the Settlement Class will not be entitled to any recovery under this Settlement Agreement (except for any amount due to him or her from the PAGA Amount, if applicable) and will not be bound by the terms of the Settlement (except for the PAGA release, if applicable) or have any right to object, appeal or comment thereon.
ii. At no time will Should more than five (5) percent of the Settlement Class Members opt out of the settlement, the Parties agree that Defendant, in its sole and complete discretion, has the option to void this Settlement Agreement. Should the settlement become void, it will remain protected by California Evidence Code Section 1152. However, should Defendant elect to void this Settlement Agreement, Defendant will be solely responsible for any costs and fees incurred by the Settlement Administrator.
iii. The Parties agree not to encourage or their counsel seek to solicit or otherwise encourage discourage any Settlement Class member to object to the Settlement or opt-out of the Settlement Class, or encourage any Settlement Class member to appeal Member from the final judgmentexcluding herself/himself from this settlement.
Appears in 1 contract
Sources: Settlement Agreement
Requests for Exclusion. Any Settlement Class member who wishes to opt-out of the Settlement settlement must complete and mail a Request for an Exclusion Letter (defined below) to the Settlement Administrator within sixty on or before forty-five (6045) calendar days of after the date of the initial mailing of the Notice Packets (the “Response Deadline"”).
i. The Notice Packet shall state that Settlement Class members who wish to exclude themselves from the Settlement settlement must submit a Request for an Exclusion Letter by the Response Deadline. The Request for Exclusion Letter is a document prepared by the Settlement Class member that must: :
(1) contain the Settlement Class member’s name, address, telephone number number, and the last four digits of the his/her Social Security number of the Settlement Class membernumber; (2) contain a statement that the Settlement Class member wishes to be excluded from the Settlement; (3) be signed by the Settlement Class member; and (4) be postmarked by the Response Deadline and mailed to the Settlement Administrator at the address specified in the Class Notice. If the Request for Exclusion Letter does not contain the information listed in (1)-(3), it will not be deemed valid for exclusion from the Settlementthis settlement, except a Request for an Exclusion Letter not containing a Settlement Class member’s telephone number and/or last four digits of the Social Security number will be deemed valid. The date of the postmark on the Request for Exclusion Letter shall be the exclusive means used to determine whether a Request for an Exclusion Letter has been timely submitted. Any Settlement Class member who requests to be excluded from the Settlement Class will not be entitled to any recovery under this Settlement Agreement (except for any amount due to him or her from the PAGA AmountAgreement, if applicable) and will not be bound by the terms of the Settlement (except for the PAGA releaseAgreement, if applicable) or and will not have any right to object, appeal appeal, or comment thereon. The Settlement Administrator will notify the Parties of the total number of Exclusion Letters received within seven (7) calendar days after the Response Deadline.
ii. At no time will the The Parties or and their counsel seek agree not to solicit or otherwise take any action to encourage any Settlement Class member to opt out of or object to the Settlement or opt-out of the Settlement Class, or encourage any Settlement Class member to appeal from the final judgmentsettlement.
Appears in 1 contract
Sources: Settlement Agreement
Requests for Exclusion. Any Settlement Class member who wishes to opt-out of the Settlement must complete and mail a Request for Exclusion (defined below) to the Settlement Administrator within sixty (60) calendar days of the date of the initial mailing of the Notice Packets (the “Response Deadline").
i. The Notice Packet shall state that Settlement Class members who wish to exclude themselves from the Settlement must submit a Request for Exclusion by the Response Deadline. The Request for Exclusion must: (1) contain the name, address, telephone number and the last four digits of the Social Security number of the Settlement Class member; (2) contain a statement that the Settlement Class member wishes to be excluded from the Settlement; (3) be signed by the Settlement Class member; and (4) be postmarked by the Response Deadline and mailed to the Settlement Administrator at the address specified in the Class Notice. If the Request for Exclusion does not contain the information listed in (1)-(3), it will not be deemed valid for exclusion from the Settlement, except a Request for Exclusion not containing a Settlement Class memberMember’s telephone number and/or last four digits of the Social Security number will be deemed valid. The date of the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class member who requests to be excluded from the Settlement Class will not be entitled to any recovery under this Settlement Agreement (except for any amount due to him or her from the PAGA Amount, if applicable) and will not be bound by the terms of the Settlement (except for the PAGA release, if applicable) Agreement or have any right to object, appeal or comment thereon, except that the PAGA Settlement and Release provisions will apply to each such individual, and such individual shall be entitled to their share of the PAGA Amount.
ii. At no time will the Parties or their counsel seek to solicit or otherwise encourage any Settlement Class member to object to the Settlement or opt-out of the Settlement Class, or encourage any Settlement Class member to appeal from the final judgment.
Appears in 1 contract
Sources: Settlement Agreement
Requests for Exclusion. Any Settlement Class member who wishes to opt-out of the Settlement must complete and mail a Request for Exclusion (defined below) to the Settlement Administrator within sixty (60) calendar days of the date of the initial mailing of the Notice Packets (the “Response Deadline").
i. The Notice Packet shall state that Settlement Class members who wish to exclude themselves from the Settlement must submit a Request for Exclusion by the Response Deadline. The Request for Exclusion must: (1) contain the name, address, telephone number and the last four digits of the Social Security number of the Settlement Class member; (2) contain a statement that the Settlement Class member wishes to be excluded from the Settlement; (3) be signed by the Settlement Class member; and (4) be postmarked by the Response Deadline and mailed to the Settlement Administrator at the address specified in the Class Notice. If the Request for Exclusion does not contain the information listed in (1)-(3), it will not be deemed valid for exclusion from the Settlement, except a Request for Exclusion not containing a Settlement Class memberMember’s telephone number and/or last four digits of the Social Security number will be deemed valid. The date of the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class member who requests to be excluded from the Settlement Class will not be entitled to any recovery under this Settlement Agreement (except for any amount due to him or her from the PAGA Amount, if applicable) and will not be bound by the terms of the Settlement (except for the PAGA release, if applicable) or have any right to object, appeal or comment thereon.
ii. At The Parties agree there is no time will the Parties statutory or their counsel seek to solicit or otherwise encourage other right for any Settlement Class member to object to opt out or otherwise exclude himself or herself from the Settlement or opt-out PAGA portion of the Settlement Class, or encourage any Settlement. A Settlement Class member to appeal from who submits a valid and timely Request for Exclusion shall still receive his or her proportionate share of the final judgmentPAGA Amount and be bound by this Settlement Agreement and release.
Appears in 1 contract
Sources: Settlement Agreement