Proposed Settlement. Class Members who file a Claim Form must notify the Claims Administrator of any change of address. A failure to notify the Claims Administrator of a change of address may result in the forfeiture of a monetary award for compensatory damages. The Claims Administrator shall be available through the toll-free line to respond to requests from Proposed Settlement Class Members for assistance in completing and filing Claim Forms. Class Counsel shall also be available to consult with and provide assistance to Proposed Settlement Class Members who request assistance in completing their Claim Forms.
Proposed Settlement. Class Member objections to this Settlement Agreement must be submitted in writing, and must include a detailed description of the basis of the objection.
Proposed Settlement. Class Members may exclude themselves, or opt out, of the Settlement. Any Proposed Settlement Class Member who wants to opt out of the Settlement Class may file a timely request for exclusion pursuant to the provisions described in the Notice of Class Action Settlement. Such written request for exclusion must contain the name, address and telephone number of the person requesting exclusion. The opt-out must be personally signed by the Proposed Settlement Class Member who seeks to opt out. No opt-out request may be made on behalf of a group of Proposed Settlement Class Members. The request for exclusion must contain the statements described in the Notice of Class Action Settlement, and must be sent by mail or courier to the Claims Administrator so that it is actually postmarked (or received, if by courier) within thirty-five (35) calendar days after Notice was mailed by the Claims Administrator. The postmark date of the mailing envelope shall be the exclusive means used to determine whether a request mailed for exclusion (opt-out) has been timely submitted. Any person who timely submits such a request for exclusion shall be barred from participation in the Settlement, and shall receive no benefit from the Settlement. The Claims Administrator shall provide Class Counsel and Counsel for Novartis with a copy of all opt-out statements on a weekly basis.
Proposed Settlement. 32. After several days of mediation and subsequent detailed, arm’s-length settlement discussions over the course of several weeks, a tentative Settlement was reached by the Trustee, the Administrator, Xxxxx Xxxxxx, Xxxxxxxx, the Xxxxx Street Claimants, and MetLife. If approved by the Court, the Settlement would resolve a litany of complex disputes by and among the aforementioned parties arising out of the Ponzi Scheme. 20 The Trustee is currently aware of the Investor Lawsuits initiated by the following plaintiffs: Xxxxxx Xxxxxxxx Xxxxxxxx (17-CVS-5843 (Mecklenburg)); Xxxxx Xxxxxxxx (18-CVS-1050 (Union)); Xxxxxx Xxxxxxxx (18- CVS-528 (Xxxxxxx)); Xxxx “Xxxx” Xxxxx, Xxxx Xxxxx, Xxxxx X. Xxxxxxxxxx, Xxxx Xxxxxx, and Xxxxxxx Xxx Xxxxxx (18-CVS-4978 (Xxxxxxxx)); Xxxxxxxxx Xxxxxxxx (18-CVS-1124 (Union)); Xxxxx Xxxxxxxx and Xxxxxxx Xxx Xxxxxxxx (18-CVS-307 (Yadkin)); Xxxx Xxxxxx (18-CVS-12201 (Mecklenburg)); and Xxxxxx X. Xxxx (18-CVS-19512 (Mecklenburg)). On September 26, 2018, many (perhaps most) of the plaintiffs filed amended complaints in the Investor Lawsuits.
Proposed Settlement. The Proposed Settlement is undertaken to settle the Aggregate Settlement Sum for the purpose of DRJ obtaining an identified portion of approximately 63.15 acres of the TDA. The Proposed Settlement provides an opportunity for DRJ, via DAC Properties and DAC Land to secure the JV Land and the Remaining Land at the Aggregate Settlement Sum which is at a discount to the market value of the TDA Land as appraised by Savills. In addition to the benefits to be derived from the JV Land via the Proposed Acquisition 1, DRJ will also have the opportunity to gain from any capital appreciation and/or future development to be undertaken on the Remaining Land to be obtained under the Proposed Acquisition 2. Notwithstanding the forgoing, DRJ has no plans to develop the Remaining Land at this juncture. The Board is of the opinion that the continued involvement of DRJ directly and indirectly in the development of TDA Land is expected to contribute positively to the earnings of the DBhd Group going forward.
Proposed Settlement. “A district court is required to consider four factors in determining whether a settlement is fair, reasonable, and adequate: (1) the merits of the plaintiff’s case, weighed against the terms of the settlement; (2) the defendant’s financial condition; (3) the complexity and expense of further litigation; and (4) the amount of opposition to the settlement.” In re Wireless Tel. Fed. Cost Recovery Fees Litig., 396 F.3d 922, 932 (8th Cir. 2005)(citations omitted). The Court finds that the terms of the proposed settlement are fair, reasonable and adequate. The proposed settlement appears to provide a substantial portion of that which Plaintiffs set out to recover on behalf of the Class from the alleged wrongful conduct. The proposed settlement provides substantial relief. Further litigation would be costly and could risk a portion of Plaintiffs’ and the Class/Settlement Class’ recovery. The proposed settlement is therefore approved, and the Court finds that the Settlement Class is bound to the terms of the Settlement Agreement, including the release therein of all claims by class members against Defendant regarding the fees at issue.
Proposed Settlement. This is a summary of the proposed settlement. You can read the full proposed settlement on the website of MFY Legal Services, Inc. at xxx.xxx.xxx. The main points of the settlement are:
Proposed Settlement. The release and settlement agreement is attached at Exhibit A.
Proposed Settlement. A proposed settlement has been reached with all defendants in this action. If the proposed settlement is approved, the defendants will pay a total settlement amount of CAD $5,250,000 into a settlement fund. After deductions for administration expenses, class counsel fees and disbursements, and the amount owing to the Funder (see Section F below), the balance will be distributed to eligible Settlement Class members. If the proposed settlement is approved, the settlement will resolve the class action for all Settlement Class members as against the defendants and a full release of all claims in the class action will be granted to the defendants. The settlement represents a resolution of disputed claims and the defendants do not admit any wrongdoing or liability.
Proposed Settlement. The proposed Settlement between the Plaintiff Class and the Defendant, Louisiana-Pacific appears, upon preliminary review, to be within the range of reasonableness and accordingly shall be submitted to the Class Members for their consideration and for a hearing pursuant to Fla. R. Civ. P. 1.220(e).
