Appearance at Fairness Hearing Clause Samples
The 'Appearance at Fairness Hearing' clause outlines the requirements and procedures for parties or interested individuals to attend and participate in a court hearing that evaluates the fairness of a proposed settlement, typically in class action lawsuits. This clause may specify who is eligible to appear, how notice of the hearing is provided, and the process for submitting objections or statements to the court. Its core function is to ensure that all affected parties have an opportunity to be heard before the court approves a settlement, thereby promoting transparency and fairness in the legal process.
Appearance at Fairness Hearing. Any objector who files and serves a timely, written objection in accordance with the terms of this Order as set out in Paragraph 8 above may also appear at the Fairness Hearing either in person or through counsel retained at the objector’s expense. Objectors or their attorneys intending to speak at the Fairness Hearing must serve a notice of intention to speak setting forth, among other things, the name, address, and telephone number of the objector (and, if applicable, the name, address, and telephone number of the objector’s attorney) on Class Counsel and Defense Counsel (at the addresses set out above) and file it with the Court by no later than ten (10) calendar days before the date of the Fairness Hearing. Any objector (or objector’s attorney) who does not timely file and serve a notice of intention to appear in accordance with this paragraph shall not be permitted to speak at the Fairness Hearing.
Appearance at Fairness Hearing. Objecting Class Members may appear at the Fairness Hearing and be heard. Such Class Members are requested, but not required, in advance of the Fairness Hearing, to file with the Court a Notice of Intent to Appear.
Appearance at Fairness Hearing. Any objector who files and serves a 20 timely, written objection in accordance with the terms of this Order as set out in 21 Paragraph 5 above may also appear at the Fairness Hearing either in person or 22 through counsel retained at the objector’s expense. Objectors or their attorneys 23 intending to speak at the Fairness Hearing must serve a notice of intention to speak 24 setting forth, among other things, the name, address, and telephone number of the 25 objector (and, if applicable, the name, address, and telephone number of the 26 objector’s attorney) on Class Counsel and Defense Counsel (at the addresses set out 27 above) and file it with the Court by no later than thirty (30) days before the date of 1 the Fairness Hearing. Any objector (or objector’s attorney) who does not timely file 2 and serve a notice of intention to appear in accordance with this paragraph shall not 3 be permitted to speak at the Fairness Hearing.
Appearance at Fairness Hearing. Any objector who files and serves a timely, written objection in accordance with paragraph 6 above, may also appear at the Fairness Hearing either in person or through counsel retained at the objector’s expense. Objectors or their attorneys intending to appear at the Fairness Hearing must follow procedures in the Class Notice Any objector who does not timely file and serve a notice of intention to appear in accordance with this paragraph and the procedures set forth in the Class Notice shall not be permitted to appear at the Fairness Hearing, except for good cause shown.
Appearance at Fairness Hearing. Anyone who files and serves a timely, written comment or objection in accordance with this Order may also appear at the Fairness Hearing either in person or through qualified counsel retained at their own
Appearance at Fairness Hearing. Attendance at the Fairness Hearing by 16 Settlement Class Members, including individuals objecting to the Settlement, is not necessary; however, any persons intending to appear and wishing to be heard are required to provide written notice of their intention to appear at the Fairness Hearing 20 by no later than the Opt-Out and Objection Deadline. Persons who do not intend to 21 oppose the Settlement, attorneys’ fees and expenses, or service awards need not take 22 any action to indicate their approval.
Appearance at Fairness Hearing. Any objecting Settlement Class Member who intends to object and appear at the Fairness Hearing must file a Notice of Intention to Appear with the Court no later than fifteen (15) calendar days before the Fairness Hearing. Any Settlement Class Member who does not timely deliver a written objection and notice of intention to appear by the Opt-Out and Objection Deadline, in accordance with the requirements of this Order, shall not be permitted to object or appear at the Fairness Hearing, except for good cause shown, and shall be bound by all proceedings, orders and judgments of the Court.
Appearance at Fairness Hearing. Attendance at the Fairness Hearing is not necessary. However, any objector who files and serves a timely, written objection in accordance with paragraph 10 above may also appear at the Fairness Hearing either in person or through counsel retained at the objector’s expense. Objectors or their attorneys intending to appear at the Fairness Hearing must effect service of a notice of intention to appear setting forth, among other things, the name, address, and telephone number of the objector (and, if applicable, the name, address and telephone number of the objector’s attorney) on Co-Lead Class Counsel and Defendants’ counsel (at the addresses set forth above) and file it with the Court by no later than fourteen (14) days before the Fairness Hearing. An objector’s written notice of intention to appear must also identify any witnesses they may call to testify and exhibits they intend to introduce as evidence at the Fairness Hearing. Any objector who does not timely file and serve a written notice of intention to appear in accordance with this paragraph shall not be permitted to appear at the Fairness Hearing, except for good cause shown.
Appearance at Fairness Hearing. Any objector who files a timely, written objection in accordance with Paragraph 11 above may also appear at the Fairness Hearing either in person or through qualified counsel retained at the objector’s expense. Objectors or their attorneys intending to appear at the Fairness Hearing must file a notice of intention to appear (and, if applicable, the name, address, and telephone number of the objector’s attorney) with the Court by no later than , 2024 (thirty calendar days before the date of Fairness Hearing specified in this Order). Any objectors, or their counsel, who do not timely file a notice of intention to appear in accordance with this paragraph shall not be permitted to speak at the Fairness Hearing, except for good cause shown.
Appearance at Fairness Hearing. Any objector who files and serves a timely, written objection in accordance with paragraph 9 above, may also appear at the Fairness Hearing either in person or through counsel retained at the objector’s expense. Objectors or their attorneys intending to appear at the Fairness Hearing must effect service of a notice of intention to appear setting forth, among other things, the name, address, and telephone number of the objector (and, if applicable, the name, address, and telephone number of the objector’s attorney) on Plaintiffs’ Lead Counsel and on Defendants’ Counsel (at the addresses set out above). The objector must also file the notice of intention to appear with the Court by no later than ten (l0) business days before the date of the Fairness Hearing (or, if any objection is filed by an independent fiduciary retained pursuant to Section 2.4 of the Settlement Agreement, no later than three (3) business days before the date of the Fairness Hearing). Any objector who does not timely file and serve a notice of intention to appear in accordance with this paragraph shall not be permitted to appear at the Fairness Hearing, except for good cause shown.