Objection Procedures. 5.1. Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Date. Such notice shall state: (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail address (if any); (iii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class; (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (v) the identity of all counsel representing the objector; (vi) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation). To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern District of New York no later than ninety (90) days from the date on which the Notice Program commences pursuant to ¶ 3.2 and served concurrently therewith upon Proposed Class Counsel and counsel for PTHC via the Court’s electronic filing system. 5.2. Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Objection Procedures. 5.1. 6.1 Each Settlement Class Member desiring who does not submit a valid and timely Request for Exclusion and desires to object to the Class Settlement Agreement shall submit file a timely written notice of his or her objection by the Objection DateDeadline. Such notice The Long Notice shall state:instruct Settlement Class Members who wish to object to the Agreement to file their written objections as required by this Paragraph 6. The Long Notice shall make clear that the Court can only approve or deny the Class Settlement Agreement and cannot change the terms. The Long Notice shall advise Settlement Class Members of the
6.2 All notices of an objection to the Class Settlement Agreement must be in writing and must include all of the following: (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail address (if any); (iiiii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class; (iii) a statement as to whether the objection applies only to the Settlement Class Member, to a specific subset of the Settlement Class, or to the entire class; (iv) a written clear and detailed statement of all grounds the specific legal and factual bases for the each and every objection, accompanied by any legal support for the objection the objector believes applicable; (v) the identity of all any counsel representing the objectorobjector in connection with the objection; (vi) a statement whether the objector and/or his or her counsel will intends to appear at the Final Fairness Approval Hearing, either in person or through counsel, and, if through counsel, identifying that counsel; (vii) a statement identifying list of all class action settlements objected persons who the objector requests, subject to by Court approval, to be called to testify at the Settlement Class Member Final Approval Hearing in support of the previous 5 yearsobjections, and any documents to be presented or considered; and (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representationif any). ; and (ix) a list, by case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement within the last three (3) years.
6.3 To be timely, no later than the Objection Deadline, written notice of an objection in the appropriate form must be filed with the Clerk of the Court of the Superior Court of the State of California, for the United States District Court for the Eastern District County of New York no later than ninety (90) days from the date on which the Notice Program commences pursuant to ¶ 3.2 Alameda and served and postmarked concurrently therewith upon Proposed Lead Class Counsel and counsel for PTHC via the Court’s electronic filing systemOAKLAND, as detailed in Paragraph 11.12.
5.2. Any 6.4 Except upon a showing of good cause, any Settlement Class Member who fails to substantially comply with the requirements in this Paragraph 6 for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.forfeit
Appears in 2 contracts
Sources: Class Settlement Agreement and Release, Class Settlement Agreement
Objection Procedures. 5.1. 5.1 Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection to the designated email address or Post Office box established by the Settlement Administrator by the Objection Date. Such notice shall state:
: (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail address (if any); (iiiii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement ClassClass (e.g., copy of notice, copy of original notice of the Incident); (iviii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (viv) the identity of any and all counsel representing the objectorobjector in connection with the objection; (viv) a statement as to whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viiivi) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation); and (vii) a list, by case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement within the last three (3) years. To be timely, written notice of an objection in the appropriate form must be filed with mailed to the Clerk of designated email address or Post Office box established by the Court for Settlement Administrator and contain the United States District Court for the Eastern District of New York case name and docket number In Re UNITE HERE Data Security Incident Litigation , Case No. 1:24-cv-01565-JSR no later than ninety sixty (9060) days from the date on which the Notice Program notice program commences pursuant to ¶ 3.2 and served concurrently therewith upon Proposed Class Counsel and counsel for PTHC via the Court’s electronic filing system.
5.2Section 3.2(d). Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ Section 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, Agreement and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ Section 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final Final order approving this Settlement Agreement, or the Judgment to be entered upon final approval Final Approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Objection Procedures. 5.1. 5.1 Each Participating Settlement Class Member desiring to object to the Settlement Agreement in writing shall submit a timely written notice of his or her objection by the Opt-Out and Objection DateDeadline. Such notice shall state:
: (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail address (if any); (iiiii) information identifying the objector as a Participating Settlement Class MemberMember (e.g., including proof that the objector is a member copy of Postcard Notice received, copy of original notice of the Data Incident received, or claim number or other unique Settlement ClassClass member ID assigned to the Settlement Class member and included in the Postcard Notice sent to the individual); (iviii) a written statement of all grounds for the objection, accompanied by any legal and factual support for the objection and all evidence the objector believes applicable; (viv) the identity of any and all counsel representing the objectorobjector in connection with the objection; (v) a statement as to whether the objector and/or, if applicable, their counsel intends to appear at the Final Approval Hearing; (vi) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation)electronic signature. To be timelyproperly submitted, written notice of an objection in the appropriate form must be sent to the Settlement Administrator at the mailing or email addresses identified in the Long Form Notice and the Settlement Website. A copy of all objections will be filed with the Clerk Court as part of the Court Motion for the United States District Court for the Eastern District of New York no later than ninety (90) days from the date on which the Notice Program commences pursuant to ¶ 3.2 and served concurrently therewith upon Proposed Class Counsel and counsel for PTHC via the Court’s electronic filing systemFinal Approval.
5.2. 5.2 Any Participating Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the LitigationAction. The exclusive means for any challenge to Whether Participating Settlement Class Members submit a written objection or not, they may attend the Settlement Agreement shall be through Final Approval Hearing. At tlement Class Members may address the provisions of ¶ 5.1Court concerning the Settlement. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement AgreementFinal Approval Order, or the Judgment to be entered upon final approval Final Approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.
Appears in 1 contract
Sources: Settlement Agreement
Objection Procedures. 5.1. 5.1 Each Settlement Class Member desiring to object to the this Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Date. Such notice shall state:
(i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail address (if any)address; (iii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement ClassClass Member; (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes is applicable; (v) the identity of all counsel representing the objector; (vi) a statement as to whether the objector and/or his or her counsel will appear at the Final Fairness Approval Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member objector in the previous 5 five (5) years; and (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation)representative, if any. To be timely, written notice of an objection in the appropriate form must be be: (a) electronically filed with by the Objection Date; or (b) mailed first-class postage prepaid to the Clerk of the Court for the United States District Circuit Court for the Eastern District of New York Cook County, Illinois, County Department, Chancery Division and postmarked by no later than ninety (90) days from the date on which the Notice Program commences pursuant to ¶ 3.2 and Objection Date. Objections must also be served concurrently therewith with their filing or mailing upon Proposed Class Counsel and counsel for PTHC ▇▇▇’s Counsel either via the Court’s electronic filing systemsystem (if filed electronically) or via U.S. mail (if mailed to the Clerk of Court) at the addresses set forth below for Proposed Class Counsel and ▇▇▇’s Counsel in the signature blocks at the end of this Settlement Agreement.
5.2. 5.2 Any Settlement Class Member who fails to comply with the requirements for objecting objecting, as set forth in ¶ 5.1 Paragraph 5.1, shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the this Settlement Agreement, Agreement and shall be bound by all the terms of the this Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the this Settlement Agreement shall be through the provisions of ¶ Paragraph 5.1. Without limiting the foregoing, any challenge to the this Settlement Agreement, the final order approving this Settlement Agreement, or the Final Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Illinois Supreme Court Rules of Appellate Procedure and not through a collateral attack.
5.3 The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector were a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) Days and must appear for deposition within fourteen (14) Days after a deposition is noticed.
Appears in 1 contract
Sources: Settlement Agreement
Objection Procedures. 5.1. 5.1 Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Date. Such notice shall state:
: (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail address (if any); (iiiii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement ClassClass (e.g., the number associated with the payment card claimed to have been used by the Settlement Class Member during the Security Incident, a store receipt, or a credit card statement); (iviii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (viv) the identity of all counsel representing the objector; (viv) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viiivi) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation); and (vii) a list, by case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement within the last three (3) years. To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern District of New York no later than ninety (90) days from the date on which the Notice Program commences pursuant to ¶ 3.2 and served concurrently therewith upon Proposed Class Counsel and counsel for PTHC Hy-Vee via the Court’s electronic filing system.
5.2. 5.2 Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, Agreement and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders orders, and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.
Appears in 1 contract
Sources: Settlement Agreement
Objection Procedures. 5.110.1. Each Settlement Class Member Members desiring to object to the Settlement Agreement shall submit a timely written notice of his or her their objection by that complies with the Objection Daterequirements of this Settlement Agreement.
10.2. Such notice shall state:
include: (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail email address (if any); (ii) the case name and case number of the Action; (iii) information identifying the objector as a Settlement Class Member, including proof documentation demonstrating that the objector is a member within the definition of the Settlement Class; (iv) a written statement of all grounds the specific legal and factual basis for the each objection, accompanied by any legal support for including whether the objection applies only to the objector believes applicableobjecting person, a specific subset of the Settlement Class, or the entire Settlement Class; (v) a description of any and all evidence the objecting person intends to offer at the Final Approval Hearing, if any, including but not limited to the names, addresses, and expected testimony of any witnesses and all exhibits intended to be introduced at the Final Approval Hearing; (vi) the identity of all counsel representing the objector; (vivii) a statement whether the objector and/or his or her their counsel will appear at the Final Fairness Approval Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation); and (ix) a list, by case name, court, and docket number, of all other cases in which the objector and/or the objectorA’spcilounsel has filed an objection to any proposed class action settlement within the last five (5) years.
10.3. To be timelyvalid, written notice of an objection in the appropriate form must be filed with the Clerk of Court of the Court for the United States U.S. District Court for the Eastern District of New York Arizona no later than ninety (90) days from the date on which the Notice Program commences pursuant to ¶ 3.2 Objection Deadline, and served concurrently therewith upon Proposed Class Counsel and counsel Counsel for PTHC via Defendant, at the Court’s electronic filing systemaddresses listed on the signature page of the Settlement Agreement.
5.210.4. Any If a Settlement Class Member who fails objects to the settlement also submits a Request for Exclusion, either before or after the objection, the objection will be deemed withdrawn and void, unless such Settlement Class Member send notice to the Settlement Administrator withdrawing the Request for Exclusion prior to the Opt-Out Deadline.
10.5. Settlement Class Members who fail to comply with the requirements for objecting set forth in ¶ 5.1 this Section shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, Agreement and shall be treated as a Participating Settlement Class Member and deemed bound by all the terms of this Settlement Agreement, including the Release and Covenant Not to Sue contained in Section XIV, the Final Approval Order and Judgment entered thereon, and any other judgment entered thereon, regardless of whether the Settlement Agreement and by all proceedings, orders and judgments in Class Member files a Claim Form or receives any benefits from the LitigationSettlement. The exclusive means for any challenge to the Settlement Agreement shall be through the objection provisions of ¶ 5.1set forth in this Section. Without limiting the foregoing, any Any further challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Final Approval Order and Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.
Appears in 1 contract
Sources: Settlement Agreement
Objection Procedures. 5.1. 5.1 Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Date. Such notice shall state:
: (i) the name or caption of this Litigation; (iia) the objector’s full name, name and address, telephone ; (b) the case name and number, and e▇▇▇▇▇▇▇▇▇ v. Qualified Temporary Services, Case No. 22-mail address cv-12086 (if anyE.D. Mich.); (iiic) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement ClassClass (e.g., copy of the objector’s settlement notice, copy of original notice of the Data Incident, or a statement explaining why the objector believes he or she is a Settlement Class Member); (ivd) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (ve) the identity of any and all counsel representing the objectorobjector in connection with the objection; (vif) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Approval Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viiig) the objector’s signature and or the signature of the objector’s duly authorized attorney or other duly authorized representative (along if any) representing him or her in connection with documentation setting forth such representation)the objection. To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of submitted to the Court for either by filing it electronically or in person at any location of the United States District Court for the Eastern District of New York Michigan, or by mailing it to the Court Clerk, United States District Court for the Eastern District of Michigan, Federal Building and U.S. Courthouse, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇, ▇▇▇▇▇, ▇▇ ▇▇▇▇▇, and mailing it to Class Counsel and Defendant’s counsel with a postmark or filing date no later than ninety (90) days from the date on which the Notice Program commences pursuant to ¶ 3.2 and served concurrently therewith upon Proposed Class Counsel and counsel for PTHC via the Court’s electronic filing systemObjection Date.
5.2. 5.2 Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, Agreement or the final order Final Judgment Order approving this Settlement Agreement, or the Judgment to be entered upon final approval Agreement shall be pursuant to appeal under the Federal Rules of Appellate Civil Procedure and not through a collateral attack.
Appears in 1 contract
Sources: Settlement Agreement
Objection Procedures. 5.1. 5.1 Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her the Person’s objection by the Objection Date. Such notice shall state:
: (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail address (if any); (iiiii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement ClassClass (e.g., the last four digits of the payment card claimed to have been used by the Settlement Class Member between April 7, 2020 through June 12, 2020, or a ▇▇▇▇▇▇’s receipt or credit card statement); (iviii) a written statement of all grounds for the objection, objection accompanied by any legal support for the objection the objector believes applicable; (viv) the identity of all counsel representing the objector; (viv) a statement whether the objector and/or his or her the objector’s counsel will appear at the Final Fairness Approval Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viiivi) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation); and (vii) a list, by case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement within the last three (3) years. To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern District of New York no later than ninety one hundred fifty (90150) days from after entry of the date on which the Notice Program commences pursuant to ¶ 3.2 Preliminary Approval Order, and served concurrently therewith upon Proposed Class Counsel and counsel for PTHC ▇▇▇▇▇▇’s via the Court’s electronic filing system.
5.2. 5.2 Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.
Appears in 1 contract
Sources: Settlement Agreement
Objection Procedures. 5.1. 6.1 Each Settlement Class Member desiring who does not file a timely Request for Exclusion may file with the Court a notice of intent to object to the Class Settlement Agreement. The Long Notice shall instruct Settlement Class Members who wish to object to the Class Settlement Agreement to send their written objections to the Claims Administrator at the address indicated in the Summary Notice and Long Notice. The Long Notice shall submit a timely written notice make clear that the Court can only approve or deny the Class Settlement Agreement and cannot change the terms. The Long Notice shall advise Settlement Class Members of his or her objection by the Objection Date. Such notice shall state:deadline for submission of any objections.
(i) 6.2 All notices of an intent to object to the name or caption of this Litigation; (iiClass Settlement Agreement must be written
a) the objector’s full name, address, telephone number, and e-mail email address (if any); (iii;
b) information identifying a clear and detailed written statement that identifies the objector as a basis of the specific objection that the Settlement Class Member, including proof that the objector is a member of the Settlement Class; (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (vMember asserts;
c) the identity of all any counsel representing the objector; (vi;
d) a statement whether the objector and/or his or her counsel will intends to appear at the Final Fairness Approval Hearing; (vii) a statement , either in person or through counsel, and, if through counsel, identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viiithat counsel;
e) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representationif any). .
6.3 Notwithstanding the foregoing, any Settlement Class Member who timely submits a written notice of objection and attends the Final Approval Hearing may so state their objection at that time, subject to the Court’s approval.
6.4 To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern District of New York or postmarked no later than ninety (90) days from the date on which the Notice Program commences pursuant Objection Deadline, subject to ¶ 3.2 and served concurrently therewith upon Proposed Class Counsel and counsel for PTHC via the Court’s electronic filing systemCourt approval.
5.2. Any 6.5 Except upon a showing of good cause, any Settlement Class Member who fails to substantially comply with the requirements in this Paragraph 6 for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Class Settlement Agreement, and shall be bound by all the terms of the Class Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Class Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attackParagraph 6.
Appears in 1 contract
Sources: Class Settlement Agreement
Objection Procedures. 5.1. 5.1 Each Settlement Class Member desiring to object to the Settlement Agreement settlement shall submit a timely written notice of his or her objection by the Objection Dateobjection. Such notice shall state:
: (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail address (if any)email address; (iiiii) information identifying the objector as a Settlement Class Member, including proof that the objector is they are a member of the Settlement Class; , (iviii) a written statement of all grounds for the objection, accompanied by any legal support for the objection objection; (iv) the objector believes applicableidentity of all counsel representing the objector; (v) the identity of all counsel representing the objector; (vi) a statement whether the objector and/or his or her counsel will who may appear at the Final Fairness Hearing; (vi) all other cases in which the objector (directly or through counsel) has filed an objection to any proposed class action settlement, has been a named plaintiff in any class action, or has served as proposed or class counsel, including the case name, court, and docket number for each; (vii) a list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection; (ix) a statement identifying all class action settlements objected confirming whether the objector intends to by personally appear or testify at the Settlement Class Member in the previous 5 yearsFinal Fairness Hearing; and (viiix) the objector’s signature and or the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation). To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern Northern District of New York no later than ninety Georgia, at the address where filings are accepted by the Clerk, twenty- one (9021) days from prior to the date on which set in the Detailed Notice Program commences pursuant to ¶ 3.2 for the Final Fairness Hearing, and served concurrently therewith upon Proposed (a) Lead Class Counsel ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇▇▇ and counsel for PTHC via the Court’s electronic filing system.
5.2. Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement AgreementAssociates, P.C., ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Suite 1630, Chicago, IL 60606, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attackLead Class Counsel ▇▇▇▇▇ ▇.
Appears in 1 contract
Sources: Settlement Agreement
Objection Procedures. 5.1. (A) Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her their objection by the Objection Date. .
(B) Such notice shall state:
: (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail address address; (if any)ii) the case name and case number; (iii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class; (iv) a written statement of all grounds specific legal and factual basis for the each objection, accompanied by any legal support for including whether the objection applies only to the objector believes applicableobjecting person, a specific subset of the Settlement Class or the entire Settlement Class; (v) a description of any and all evidence the objecting person may offer at the Fairness Hearing, including but not limited to the names, addresses, and expected testimony of any witnesses and all exhibits intended to be introduced at the Fairness Hearing; (vi) the identity of all counsel representing the objector; (vivii) a statement whether the objector and/or his or her their counsel will appear at the Final Fairness Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation). ; and (ix) a list, by case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement within the last five (5) years.
(C) To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern District of New York no later than ninety (90) days from the date on which the Notice Program commences pursuant to ¶ 3.2 Plan commences, and served concurrently via First-Class Mail therewith upon Proposed Class Counsel Plaintiffs’ Co-Counsel, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ of ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, P.C., at the address listed on the signature page; and counsel for PTHC via Drizly, Jacob Summer, ZwillGen PLLC, at the Court’s electronic filing systemaddress listed on the signature page. Postmark dates shall constitute timely mailing.
5.2. (D) Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 writing shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the LitigationAction. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any Any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Final Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.
Appears in 1 contract
Sources: Settlement Agreement
Objection Procedures. 5.1. 5.1 Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Date. Such notice shall state:
: (i) the objector’s full name or caption of this Litigationand address; (ii) the objector’s full name, address, telephone case name and docket number, and eIn Re: Cinfed Federal Credit Union Data Breach Litigation, Case No. 1:23-mail address cv-776 (if anyS.D. Ohio); (iii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement ClassClass (e.g., copy of the objector’s settlement notice, copy of original notice of the Data Incident, or a statement explaining why the objector believes he or she is a Class Member); (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (v) the identity of any and all counsel representing the objectorobjector in connection with the objection; (vi) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Approval Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viiivii) the objector’s signature and or the signature of the objector’s duly authorized attorney or other duly authorized representative (along if any) representing him or her in connection with documentation setting forth such representation)the objection. To be timely, written notice of an objection in the appropriate form must be filed mailed, with a postmark date no later than the Objection Date, to Clerk of the Court for the United States District Court for the Eastern District of New York no later than ninety (90) days from the date on which the Notice Program commences pursuant to ¶ 3.2 and served concurrently therewith upon Proposed Class Counsel and counsel for PTHC via the Court’s electronic filing system, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ U.S. Courthouse, ▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇.
5.2. 5.2 Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ ¶
5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, Agreement and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders orders, and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement Agreement, including any claims, shall be through the provisions of ¶ ¶¶ 2.4, 5.1, 9.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order Order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.
Appears in 1 contract
Sources: Settlement Agreement
Objection Procedures. 5.1. 5.1 Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Date. Such notice shall state:
(i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail address (if any); (iiiii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class; (iviii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (viv) the identity of all counsel representing the objector; (viv) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viiivi) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation). To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court for the United States District Court Eighteenth Judicial Circuit in and for the Eastern District of New York Brevard County, Florida no later than ninety (90) days from the date on which the Notice Program commences pursuant to ¶ 3.2 3.2, and served concurrently therewith upon Proposed Class Counsel and counsel for PTHC Circles via the Court’s electronic filing system.
5.2. 5.2 Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Florida Rules of Appellate Procedure and not through a collateral attack.
Appears in 1 contract
Sources: Settlement Agreement
Objection Procedures. 5.1. 5.1 Each Settlement Class Member desiring to object to the Settlement Agreement settlement shall submit a timely written notice of his or her objection by the Objection Dateobjection. Such notice shall state:
: (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail address (if any)email address; (iiiii) information identifying the objector as a Settlement Class Member, including proof that the objector is they are a member of the Settlement Class; , (iviii) a written statement of all grounds for the objection, accompanied by any legal support for the objection objection; (iv) the objector believes applicableidentity of all counsel representing the objector; (v) the identity of all counsel representing the objector; (vi) a statement whether the objector and/or his or her counsel will who may appear at the Final Fairness Hearing; (vi) all other cases in which the objector (directly or through counsel) or the objector’s counsel (on behalf of any person or entity) has filed an objection to any proposed class action settlement, has been a named plaintiff in any class action, or has served as lead plaintiff class counsel, including the case name, court, and docket number for each; (vii) a certificate of good standing from the highest court of the state in which objector’s counsel is admitted to practice law; (viii) documents sufficient to show the results of any sanctions, investigations, or disciplinary proceedings against objector’s counsel (ix) a list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection; (x) a statement identifying all class action settlements objected confirming whether the objector intends to by personally appear or testify at the Settlement Class Member in the previous 5 yearsFinal Fairness Hearing; and (viiixi) the objector’s signature and or the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation). To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern Northern District of New York no later than ninety Illinois, at the address where filings are accepted by the Clerk, twenty-one (9021) days from prior to the date on which set in the Postcard Notice Program commences pursuant to ¶ 3.2 for the Final Fairness Hearing, and served concurrently therewith upon Proposed (a) Co- Lead Settlement Class Counsel ▇▇▇ ▇▇▇▇▇▇ and counsel for PTHC via the Court’s electronic filing system.
5.2▇▇▇▇▇ ▇. Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 shall waive ▇▇▇▇▇▇, ▇▇▇▇▇▇ and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement AgreementAssociates, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.P.C.,
Appears in 1 contract
Sources: Settlement Agreement
Objection Procedures. 5.16.1. Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Dateobjection. Such notice shall state:
: (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail address (if any); (iiiii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class; (iviii) a written statement of all grounds for the objection, accompanied by any legal legal, factual and evidentiary support for the objection the objector believes applicable; (iv) the identity of all counsel representing the objector (if any), including any former or current counsel who may be entitled to compensation for any reason related to the objection; (v) the identity of all counsel representing the objectorobjector who will appear at the final approval hearing; (vi) a statement whether the objector and/or his or her counsel list of all persons who will appear be called to testify at the Final Fairness Hearingfinal approval hearing in support of the objection; (vii) a statement identifying all class action settlements objected confirming whether the objector intends to by personally appear and/or testify at the Settlement Class Member in the previous 5 yearsfinal approval hearing; and (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative representative; (along with documentation setting forth such representation)ix) a list, by case name, court, and ▇▇▇▇▇▇ number, of all other cases in which the objector (directly or through counsel) has filed an objection to any proposed class action settlement within the last 3 years; (x) a list, by case name, court, and docket number, of all other cases in which the objector’s counsel (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last 3 years; (xi) a list, by case name, court, and docket number, of all other cases in which the objector has been a named plaintiff in any class action or served as a lead plaintiff or class representative; and (xii) any and all agreements that relate to the objection or the process of objecting, whether written or verbal, between objector or objector’s counsel and any other person or entity.
6.1.1. To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court Court, as follows:
(a) For an Objection to the Settlement (except as to the request for the United States District Court for the Eastern District of New York costs, expenses, service awards, and/or attorneys’ fees), no later than ninety (90) 120 days from the date on which of entry of the Notice Program commences pursuant Preliminary Approval Order,
(b) For an Objection to ¶ 3.2 and the request for costs, expenses, service awards, and/or attorneys’ fees, no later than 14 days after the motion making the request for costs, expenses, service awards, and/or attorneys’ fees, and
(c) In each case the Objection must be served concurrently therewith upon Proposed Class Counsel ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ & ▇▇▇▇▇▇ Complex Litigation Group, ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Street, 7th Floor, Tampa, FL 33602; and counsel for PTHC via the Court’s electronic filing systemArby’s, ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Ropes & Gray LLP, ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇.
5.26.1.2. Any The Parties will have the right to depose any objector in his or her district of residence prior to the Settlement Hearing as to the basis and circumstances of his or her objection, and to assess the objector’s standing.
6.2. Except upon a showing of good cause, any Settlement Class Member who fails to substantially comply with the requirements for objecting in ¶ 5.1 6.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.16.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, Agreement or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.
Appears in 1 contract
Sources: Settlement Agreement