Class Member Opt-Out Clause Samples

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Class Member Opt-Out. (A) Any Class Member may request exclusion by “opting out.” To do so, a Class Member must submit a written and signed request for exclusion to the Claims Administrator, in the form of the Opt-Out Statement attached as EXHIBIT C. (B) To be effective, a Class Member’s Opt-Out Statement must be sent to the Claims Administrator via First-Class United States mail, postage prepaid. (C) The Opt-Out Statement must be postmarked no later than the date specified in the Notice. This date will be the first business day 75 calendar days after the Initial Mailing Deadline. The period of time between the Initial Mailing Deadline and 75-day deadline for opting out shall be referred to as the “Opt-Out Period.” (D) The Claims Administrator shall stamp the postmark date on the original of each Opt-Out Statement that it receives. Within 3 business days of its receipt thereof, the Claims Administrator shall send to Class Counsel and Defendants’ Counsel copies of each such Opt-Out Statement, with all address and social security numbers redacted from them. This obligation shall be on-going, regardless of whether the Opt-Out Statement is timely or not. (E) Within 5 calendar days after the end of the Opt-Out Period, the Claims Administrator shall file with the Clerk of Court copies of any timely submitted Opt-Out Statements. The filed copies shall be stamped as described in Section 2.4(D), and all address information and social security numbers shall be redacted from them. Additionally, within 5 calendar days after the end of the Opt-Out Period, the Claims Administrator shall send to Class Counsel and Defendants’ Counsel a final list of all persons who timely submitted Opt-Out Statements and stamped copies of any Opt-Out Statements received with Social Security Numbers and addresses redacted. The Claims Administrator shall retain the originals of all envelopes accompanying Opt-Out Statements in its files until such time as the Claims Administrator is relieved of its duties and responsibilities under this Agreement. (F) Any Class Member who does not timely opt out will be bound by the release set forth in Section 4.
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Class Member Opt-Out a. Class Members may elect to “opt out” of the Settlement Class and thus exclude themselves from the Litigation, the Agreement, and the Settlement Class. Class Members who choose to do so must fully complete, properly execute, and timely mail to Defendants the form entitled “Election to Opt Out of Settlement and Class Action” attached to the Class Notice, per the instructions contained therein. Class Members who timely submit fully completed and properly executed Opt-Out Forms shall have no further role in the Litigation, and for all purposes they shall be regarded as if they never were either a party to the Litigation or a Class Member, and thus they shall not be entitled to any benefit as a result of the Litigation or this Agreement, nor will they have released any claims they may have against Defendants. b. Defendants shall stamp the postmark date on the original of each Opt-Out Form that they receive and shall serve copies of each Opt-Out Form received in a given week on Settlement Class Counsel not later than the Friday (or last business day) of that week, by email. Defendants also shall, within 3 business days of the end of the Notice Deadline, file with the Clerk of Court stamped copies of any Opt-Out Forms. Defendants shall, within 1 business day of the end of the Notice Deadline, send a final list of all Opt-Out Forms to Settlement Class Counsel by email. Defendants shall retain the stamped originals of all Opt-Out Forms and originals of all envelopes accompanying Opt-Out Forms in its files, and send duplicate copies of all such forms and envelopes to Settlement Class Counsel for their files.
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Class Member Opt-Out. 1. Any Class Member may request exclusion from the Class by “opting out.” This procedure is in addition to the opt out opportunities provided to the Class in January through March 2014. Class Members who wish to opt out of the Class must complete and timely submit to the Notice Administrator a request for exclusion. To be effective, such requests for exclusion must state the Class Member’s full legal name and address, and the approximate dates of his or her employment with one or more of the Defendants. All requests for exclusion must be signed and dated by the Class Member or his or her legal representative, and must be (1) mailed to the Notice Administrator via First Class United States Mail and postmarked by a date certain to be specified on the Notice, which will be 45 calendar days after the Notice Administrator makes the initial mailing of the Notice or
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Class Member Opt-Out. Any Class Member may request exclusion from the Settlement Class by “opting out.” Class Members who wish to opt out of the Settlement Class must timely submit to the Claims Administrator a request for exclusion. To be effective, such requests for exclusion must state: the Settlement Class Member’s full legal name and address; the Defendant for whom he or she worked; and a statement that the Class Member wants to be excluded from this Settlement with Sony Pictures. All requests for exclusion must be signed and dated by the Settlement Class Member or his or her legal representative, and be (1) mailed to the Claims Administrator via First Class United States Mail and postmarked by a date certain to be specified on the Notice, which will be 45 calendar days after the Claims Administrator makes the initial mailing of the Notice or (2) received by the Claims Administrator by that date, provided, however, that if a Class Member mails the Opt-Out Statement pursuant to option (1), it will be effective only if received by the Claims Administrator on or before 10 calendar days after the end of the Opt-Out Period. The end of the “Opt-Out Period” shall be 45 calendar days after the Claims Administrator makes the initial mailing. The Claims Administrator shall provide to counsel for the Settling Parties all opt-out requests that are received and shall prepare a summary of the opt- outs to be filed with the Court. Individuals who validly opt out are not entitled to any monetary award or benefits under this Settlement Agreement.
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Class Member Opt-Out. The Court previously provided Class Members with notice of and an opportunity to opt out of the Action and set the opt-out deadline of June 7, 2022. Among other things, the notice advised Class Members: “[i]f you meet the definition of a Class member and do nothing, you will remain part of the Class and keep the possibility of getting money or other benefits that may come from a trial or settlement. If you remain part of the Class, you will be legally bound to any and all orders and judgments, whether favorable or not, that the Court makes regarding the claims in this class action.” On or before June 7, 2022, certain entities opted out of the class. The Settling Parties agree that, in light of the previous opportunity to opt out, Class Members should not be provided with another opportunity to opt out.
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Class Member Opt-Out. 1. The Court certified the Class and provided Class Members with an opportunity to opt out of the Action before deciding summary judgment to avoid one-way intervention. In addition, the Court-approved opt-out notice stated that any Class Members who did not opt out of the Class would be bound by the outcome of the lawsuit, would receive the benefits of any settlement, and would not be able to remove themselves from the Class in the future. The opt out deadline was March 8, 2021. The Settling Parties agree that Class Members will not be provided with an opportunity to opt out of the Settlement. The Settling Parties shall oppose any efforts by a Class Member to opt out or any effort by an objector or other person/entity to challenge the Settlement on the grounds that it does not provide an opportunity to opt out of the Settlement. Each party reserves the right to terminate the Settlement should the Court not follow its prior Orders and instead provide for an additional opportunity to opt out of the Class or the Settlement. 2. On or before March 8, 2021, certain individuals and entities opted out of the Class; a list of those opt outs is attached as Exhibit A hereto.
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Class Member Opt-Out 
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Related to Class Member Opt-Out

  • Notice to Class Members 7.4.1 No later than three (3) business days after receipt of the Class Data, the Administrator shall notify Class Counsel that the list has been received and state the number of Class Members, PAGA Members, Workweeks, and Pay Periods in the Class Data. 7.4.2 Using best efforts to perform as soon as possible, and in no event later than 14 days after receiving the Class Data, the Administrator will send to all Class Members identified in the Class Data, via first-class United States Postal Service (“USPS”) mail, the Class Notice with Spanish translation, if applicable substantially in the form attached to this Agreement as Exhibit A. The first page of the Class Notice shall prominently estimate the dollar amounts of any Individual Class Payment and/or Individual PAGA Payment payable to the Class Member, and the number of Workweeks and PAGA Pay Periods (if applicable) used to calculate these amounts. Before mailing Class Notices, the Administrator shall update Class Member addresses using the National Change of Address database. 7.4.3 Not later than 3 business days after the Administrator’s receipt of any Class Notice returned by the USPS as undelivered, the Administrator shall re-mail the Class Notice using any forwarding address provided by the USPS. If the USPS does not provide a forwarding address, the Administrator shall conduct a Class Member Address Search, and re-mail the Class Notice to the most current address obtained. The Administrator has no obligation to make further attempts to locate or send Class Notice to Class Members whose Class Notice is returned by the USPS a second time. 7.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, and Requests for Exclusion will be extended an additional 14 days beyond the 60 days otherwise provided in the Class Notice for all Class Members whose notice is re-mailed. The Administrator will inform the Class Member of the extended deadline with the re-mailed Class Notice. 7.4.5 If the Administrator, Defendant or Class Counsel is contacted by or otherwise discovers any persons who believe they should have been included in the Class Data and should have received Class Notice, the Parties will expeditiously meet and confer in person or by telephone, and in good faith in an effort to agree on whether to include them as Class Members. If the Parties agree, such persons will be Class Members entitled to the same rights as other Class Members, and the Administrator will send, via email or overnight delivery, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.

  • Opt Out An employee who is eligible for membership in the USLB may ‘opt out’ for any reason by notifying the USLB in writing of his/her desire to withdraw from the USLB. Employees who opt out of the USLB will remain eligible for membership and may request to be re-enrolled by making a written request to the USLB. Employees who have opted out and request to be re-enrolled must meet the eligibility requirements. Employees who opt out in the fiscal year the initial assessment is made will have that sick leave time returned to them.

  • Settlement Class In the event of such dispute, the party raising the dispute shall be limited to seeking declaratory relief, and to no other form of relief. The declaratory relief available as to any such dispute shall be limited to deciding whether (y) the putative buying group is a properly organized bona fide buying group that complies with the requirements of this Paragraph, and/or (z) whether Visa negotiated in good faith with the putative buying group. The parties, including all members of the Rule 23(b)(2) Settlement Class, waive all rights to appeal from any such determinations. Upon resolution of the dispute by the Court, the losing party shall be responsible for all attorneys’ fees and expenses of the prevailing party unless the Court determines that the circumstances make such an award unjust.

  • To Each Participating Class Member An Individual Class Payment calculated by (a) dividing the Net Settlement Amount by the total number of Workweeks worked by all Participating Class Members during the Class Period and (b) multiplying the result by each Participating Class Member’s Workweeks.

  • Settlement Class Certification The Settling Parties agree, for purposes of this settlement only, to the certification of the Settlement Class. If the settlement set forth in this Settlement Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of this Settlement Agreement, this Settlement Agreement, and the certification of the Settlement Class provided for herein, will be vacated and the Litigation shall proceed as though the Settlement Class had never been certified, without prejudice to any Person’s or Settling Party’s position on the issue of class certification or any other issue. The Settling Parties’ agreement to the certification of the Settlement Class is also without prejudice to any position asserted by the Settling Parties in any other proceeding, case or action, as to which all of their rights are specifically preserved.