Common use of Objection Procedures Clause in Contracts

Objection Procedures. 58. The Notice will inform the Settlement Class Members that they may send in a written objection in this Action. To be valid, an objection must state: (a) the objector’s full name, address, telephone number, and e-mail address (if any); (b) information identifying the objector as a Settlement Class Member; (c) a written statement of all grounds for the objection, accompanied by any legal support the objector cares to submit; (d) the identity of all lawyers (if any) representing the objector; (e) the identity of all of the objector’s lawyers (if any) who will appear at the Final Fairness Hearing; (f) a list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection; (g) a statement confirming whether the objector intends to personally appear and/or testify at the Final Fairness Hearing; and (h) the objector’s signature or the signature of the objector’s duly authorized lawyer or other duly authorized representative (along with documentation setting forth such representation). 59. In addition to the foregoing, objections should also provide the following information: (a) a list, by case name, court, and docket number, of all other cases in which the objector (directly or through a lawyer) has filed an objection to any proposed class action settlement within the last three (3) years; (b) a list, by case name, court, and docket number, of all other cases in which the objector’s lawyer (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last three (3) years; and (c) a list, by case number, 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. 60. The long form notice substantially in the form of Exhibit A hereto will further inform Settlement Class Members that to be considered timely, any valid objection in the appropriate form must be filed with the Clerk of the United States District Court for the District of New Mexico, no later than the date set by the Court and outlined in the Notice, to be set at thirty

Appears in 1 contract

Sources: Settlement Agreement

Objection Procedures. 58A. Each Settlement Class Member desiring to object to the settlement shall submit a timely written notice of his or her objection. The Notice will inform To object, the Settlement Class Members that they may Member must send in a written letter to the Court explaining his or her objection in this Actionto the proposed Settlement. To be valid, an The objection letter must stateinclude: (a1) the objector’s full name, address, telephone number, and e-mail address (if any)address; (b2) documents or information required on the Claim Form and identifying the objector as a Settlement Class Member; (c3) a written statement of all grounds for the objection, accompanied by any legal support for the objector cares to submitobjection; and (d) the identity of all lawyers (if any) representing the objector; (e) the identity of all of the objector’s lawyers (if any) who will appear at the Final Fairness Hearing; (f4) a list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection; (g) a statement confirming whether the objector intends to personally appear and/or testify at the Final Fairness Hearing; and (h5) the objector’s signature or and the signature of the objector’s duly authorized lawyer attorney or other duly authorized representative (along with documentation setting forth such representation). 59. B. In addition the event that a Settlement Class Member objects through an attorney hired at his, her, or its own expense, the attorney will have to file a notice of appearance with the Court by the Objection Deadline and serve a copy of the notice and the objection containing the information detailed above on Class Counsel and Defendant’s Counsel by the Objection Deadline. C. Any Settlement Class Member who fails to file and serve timely a written objection containing all of the information listed in the items listed above in the previous paragraph, including notice of his/her intent to appear at the final approval hearing, shall not be permitted to object to the foregoingSettlement and shall be foreclosed from seeking any review of the settlement or the terms of the Settlement Agreement by any means, objections should also provide the following information: (a) a list, by case name, court, and docket number, including but not limited to an appeal. Written notice of all other cases in which the objector (directly or through a lawyer) has filed an objection to any proposed class action settlement within the last three (3) years; (b) a list, by case name, court, and docket number, of all other cases in which the objector’s lawyer (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last three (3) years; and (c) a list, by case number, 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. 60. The long form notice substantially in the form of Exhibit A hereto will further inform Settlement Class Members that to be considered timely, any valid objection in the appropriate form must be filed with the Clerk of the United States District Court for the Western District of New MexicoMissouri, no later than at the date set ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Courthouse, ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, by the Court Objection Deadline, and outlined in served concurrently therewith upon each of the Noticefollowing: (1) ▇▇▇ ▇. Dollar ATTN: EOTech HWS Settlement, to be set at thirtyDollar ▇▇▇▇▇ & ▇▇▇▇▇▇ ▇.▇., ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇; and (2) ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, P.C. and ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇, P.C. ATTN: EOTech HWS Settlement, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇ LLP, ▇▇▇ ▇. ▇▇▇▇▇▇▇, Chicago, IL 60654.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Objection Procedures. 585.1. The Notice will inform Each Settlement Class Member desiring to object to the Settlement Class Members that they may send in Agreement shall submit a timely written notice of his or her objection in by the Objection Date. Such notice shall state: (i) the name or caption of this Action. To be valid, an objection must state: Litigation; (aii) the objector’s full name, address, telephone number, and e-mail address (if any)address; (biii) information identifying a statement that the objector as believes he or she is a Settlement Class MemberMember and the basis for that belief; (civ) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector cares to submitbelieves applicable; (dv) the identity of all lawyers (if any) counsel representing the objectorobjector with respect to his or her objection, as well as counsel’s address, phone number, and email address; (evi) a statement whether the identity of all of the objector’s lawyers (if any) who objector and/or his or her counsel will appear at the Final Fairness Hearing; (f) a list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection; (gvii) a statement confirming whether identifying all class action settlements objected to by the objector intends to personally appear and/or testify at in the Final Fairness Hearingprevious five (5) years; and (hviii) the objector’s signature or the signature of the objector’s duly authorized lawyer attorney or other duly authorized representative (along with documentation setting forth such representation). 59, if any. In addition If the Settlement Class Member is represented by counsel and such counsel intends to speak at the foregoingFinal Fairness Hearing, objections should the written objection must also provide include the following information: (a) identity of witnesses whom the objecting Settlement Class Member intends to call to testify at the Final Fairness Hearing and a list, by case name, court, and docket number, of all other cases in which the objector (directly or through a lawyer) has filed an objection to any proposed class action settlement within the last three (3) years; (b) a list, by case name, court, and docket number, of all other cases in which the objector’s lawyer (on behalf detailed description of any person or entity) has filed an objection to any proposed class action settlement within evidence the last three (3) years; and (c) a list, by case number, 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. 60. The long form notice substantially in the form of Exhibit A hereto will further inform objecting Settlement Class Members that to Member may offer at the Final Fairness Hearing, as well as copies of any exhibits the objecting Settlement Class Member may introduce at the Final Fairness Hearing. To be considered timely, any valid written notice of an objection in the appropriate form must be be: (a) electronically filed with in the Clerk of the United States District Court for the District of New Mexico, no later than the date set Litigation by the Court and outlined in the Notice, to be set at thirtyObjection Date; or

Appears in 1 contract

Sources: Settlement Agreement

Objection Procedures. 58. The Notice will inform 5.1 Each Settlement Class Member desiring to object to the Settlement Class Members that they may send in Agreement shall submit a timely written notice of his or her objection in this Actionby the Objection Date. To be valid, an objection must Such notice shall state: : (ai) the objector’s full name, address, telephone number, and e-mail address (if any); (bii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of notice, copy of original notice of the Data Incident); (ciii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector cares to submitbelieves applicable; (div) a statement as to whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; (v) the identity of any and all lawyers (if any) counsel representing the objectorobjector in connection with the objection; (evi) a statement as to whether the identity of all of the objector’s lawyers (if any) who objector and/or his or her counsel will appear at the Final Fairness Hearing; (fvii) a list of all persons who will be called settlements to testify at the Final Fairness Hearing in support of the objection; (g) a statement confirming whether which the objector intends to personally appear and/or testify at their counsel have objected in the Final Fairness Hearingpreceding three (3) years; and (hviii) the objector’s signature or and the signature of the objector’s duly authorized lawyer attorney or other duly authorized representative (along with documentation setting forth such representation). 59. In addition to the foregoingTo be timely, objections should also provide the following information: (a) a list, by case name, court, and docket number, written notice of all other cases in which the objector (directly or through a lawyer) has filed an objection to the designated Post Office box established by the Claims Administrator by the Objection Date. 5.2 Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 shall waive and forfeit any proposed class action settlement within and all rights he or she may have to appear separately or to object to the last three (3) years; (b) a list, by case name, courtSettlement Agreement, and docket numberthe Settlement Class Member shall be bound by all the terms of the Settlement Agreement and by all proceedings, of all other cases in which the objector’s lawyer (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last three (3) years; and (c) a list, by case number, courtorders, and docket number, of all other cases judgments in which the objector has been a named plaintiff in any class action or served as a lead plaintiff or class representative. 60Litigation. The long form notice substantially in exclusive means for any challenge to the form Settlement Agreement shall be through the provisions of Exhibit A hereto will further inform Settlement Class Members that to be considered timely, any valid objection in the appropriate form must be filed with the Clerk of the United States District Court for the District of New Mexico, no later than the date set by the Court and outlined in the Notice, to be set at thirty¶ 5.1.

Appears in 1 contract

Sources: Settlement Agreement

Objection Procedures. 58. The Notice will inform Each Settlement Class Member desiring to object to the Settlement Class Members that they may send in Agreement shall file and serve a timely written objection in this Actionnotice of their objection. To be valid, an objection must Such notice shall state: (ai) the objector’s full name, address, telephone number, and e-mail address (if any); (bii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of Short Notice, copy of original notice of the Cyberattack); (ciii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector cares to submitbelieves applicable; (div) the identity of all lawyers (if any) counsel representing the objector, if any; (ev) the identity of all of counsel representing the objector’s lawyers (if any) objector who will appear at the Final Fairness Hearing, if any; (fvi) a list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection; (gvii) a statement confirming whether the objector intends to personally appear and/or testify at the Final Fairness Hearing; and (hviii) the objector’s signature or and the signature of the objector’s duly authorized lawyer attorney or other duly authorized representative (along with documentation setting forth such representation). 59. In addition to the foregoing, objections should also provide the following information: if any; (aix) a list, by case name, court, and docket number, of all other cases in which the objector (directly or through a lawyercounsel) has filed an objection to any proposed class action settlement within the last three (3) 3 years; (bx) a list, by case name, court, and docket number, of all other cases in which the objector’s lawyer counsel (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last three (3) 3 years; and (cxi) a list, by case numbername, 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. 60. The long form notice substantially in the form of Exhibit A hereto will further inform Settlement Class Members that to be considered timely, any valid objection in the appropriate form must be filed with the Clerk of the United States District Court for the District of New Mexico, no later than the date set by the Court and outlined in the Notice, to be set at thirty

Appears in 1 contract

Sources: Settlement Agreement

Objection Procedures. 58. The Notice will inform the 5.1 Each Settlement Class Members that they may send in Member desiring to object to the settlement shall submit a timely written objection in this Actionnotice of his or her objection. To be valid, an objection must Such notice shall state: (ai) the objector’s full name, address, telephone number, and e-mail address (if any)address; (bii) information identifying the objector as a Settlement Class Member, including (a) proof that they are a member of the Settlement Class (e.g., a letter from their financial institution indicating that their Personal Financial Information had been compromised in the Heartland Intrusion), including documentation of any Losses they claim to have suffered as a result of the alleged theft of their Personal Financial Information, if any, if they are objecting to any portion of the settlement dealing with reimbursement of Losses and for which they believe they would have an existing claim, or (b) an affidavit setting forth, in as much detail as the objector can reasonably provide, that they received a letter from their financial institution indicating that their Personal Financial Information had been compromised in the Heartland Intrusion, including the approximate date of said receipt; (ciii) a written statement of all grounds for the objection, accompanied by any legal support for the objector cares to submitobjection; (div) the identity of all lawyers (if any) counsel representing the objector; (ev) the identity of all of counsel representing the objector’s lawyers (if any) objector who will appear at the Final Fairness Hearing; (fvi) a list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection; (gvii) a statement confirming whether the objector intends to personally appear and/or testify at the Final Fairness Hearing; and (hviii) the objector’s signature or the signature of the objector’s duly authorized lawyer attorney or other duly authorized representative (along with documentation setting forth such representation). 59. In addition order to the foregoingbe an effective objection, objections should such notice shall also provide the following information: (a) a listidentify, by case name, court, and docket number, of all other cases in which the objector (directly or through a lawyercounsel) has filed an objection to any proposed class action settlement within the last three (3) years; (b) a list, by case name, court, and docket number, of all other cases in which or the objector’s lawyer counsel (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last three (3) years; and (c) a listsettlement, by case number, court, and docket number, of all other cases in which the objector or has been a named plaintiff in any class action or served as a lead plaintiff or class representative. 60counsel. The long form notice substantially in the form of Exhibit A hereto will further inform Settlement Class Members that to To be considered timely, any valid written notice of an objection in the appropriate form must be filed with the Clerk of the United States District Court for the Southern District of New MexicoTexas, no later than P.O. Box 61010, Houston, TX 77208, twenty-one (21) days prior to the date set by the Court and outlined in the NoticeNotice for the Final Fairness Hearing, and served concurrently therewith upon one of Co-Lead Settlement Class Counsel (▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ and Associates, P.C., ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇), and counsel for Heartland (▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Ropes & Gray LLP, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇, ▇▇▇▇▇). Counsel for Heartland may request that the objector’s payment card number and expiration date be provided to be set at thirtythe Claims Administrator, for the purposes described in Paragraph 2.2(a) above, with notice to Co-Lead Settlement Class Counsel of such request.

Appears in 1 contract

Sources: Settlement Agreement

Objection Procedures. 586.1. The Notice will inform Each Settlement Class Member desiring to object to the Settlement Class Members that they may send in Agreement shall submit a timely written objection in this Actionnotice of his or her objection. To be valid, an objection must Such notice shall state: (ai) the objector’s full name, address, telephone number, and e-mail address (if any); (bii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class; (ciii) a written statement of all grounds for the objection, accompanied by any legal legal, factual and evidentiary support for the objection the objector cares to submitbelieves applicable; (div) the identity of all lawyers counsel representing the objector (if any) representing ), including any former or current counsel who may be entitled to compensation for any reason related to the objectorobjection; (e) the identity of all of the objector’s lawyers (if any) who will appear at the Final Fairness Hearing; (fv) a list of all persons who will be called to testify at the Final Fairness Approval Hearing in support of the objection; (gvi) a statement confirming whether the objector intends to personally appear and/or testify at the Final Fairness Approval Hearing; and (hvii) the objector’s signature or and the signature of the objector’s duly authorized lawyer attorney or other duly authorized representative representative; (along with documentation setting forth such representation). 59. In addition to the foregoing, objections should also provide the following information: (aviii) a list, by case name, court, and docket number, of all other cases in which the objector (directly or through a lawyercounsel) has filed an objection to any proposed class action settlement within the last three (3) 3 years; (bix) a list, by case name, court, and docket number, of all other cases in which the objector’s lawyer counsel (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last three (3) 3 years; and (cx) a listany and all agreements that relate to the objection or the process of objecting, by case numberwhether written or verbal, court, between objector or objector’s counsel and docket number, of all any other cases in which the objector has been a named plaintiff in any class action person or served as a lead plaintiff or class representativeentity. 606.1.1. The long form notice substantially in the form of Exhibit A hereto will further inform Settlement Class Members that to To be considered timely, any valid written notice of an objection in the appropriate form must be filed with the Clerk of Court or mailed to the United States District Court for the District of New Mexico, Claims Administrator postmarked no later than 120 days from the date set by of entry of the Court Preliminary Approval Order. 6.1.2. In each case the Objection must be served concurrently therewith upon Class Counsel ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇▇▇▇▇ & ▇▇▇▇▇▇, LLP, ▇▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Blvd Suite 1550, Philadelphia, PA 19103 and outlined ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ LLP, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇; and counsel for Defendants, ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇., ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. 6.2. The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the NoticeLitigation, including the right to take the objector’s deposition. Such discovery will be set at thirtyconducted 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. 6.3. Except upon a showing of good cause, any Settlement Class Member who fails to comply with the requirements for objecting in ¶¶ 6.1 and 6.2 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 ¶¶ 6.1 and 6.

Appears in 1 contract

Sources: Settlement Agreement

Objection Procedures. 5853. The Notice will inform the Settlement Class Members that they may send in a written objection in this Action. To be valid, an objection must state: (a) the objector’s full name, address, telephone number, and e-mail address (if any); (b) information identifying the objector as a Settlement Class Member; (c) a written statement of all grounds for the objection, accompanied by any legal support the objector cares to submit; (d) the identity of all lawyers (if any) representing the objector; (e) the identity of all of the objector’s lawyers (if any) who will appear at the Final Fairness Hearing; (f) a list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection; (g) a statement confirming whether the objector intends to personally appear and/or testify at the Final Fairness Hearing; and (h) the objector’s signature or the signature of the objector’s duly authorized lawyer or other duly authorized representative (along with documentation setting forth such representation). 5954. In addition to the foregoing, objections should also provide the following information: (a) a list, by case name, court, and docket number, of all other cases in which the objector (directly or through a lawyer) has filed an objection to any proposed class action settlement within the last three (3) years; (b) a list, by case name, court, and docket number, of all other cases in which the objector’s lawyer (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last three (3) years; and (c) a list, by case number, 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. 6055. The long form notice substantially in the form of Exhibit A D hereto will further inform Settlement Class Members that to be considered timely, any valid objection in the appropriate form must be filed with the Clerk of the United States District Court for the District of New Mexico, no later than the date set by the Court and outlined in the Notice, to be set at thirtyforty- five (45) days after Notice. The long form notice will inform Settlement Class Members that they must mail a copy of their objection to the following three different places postmarked no later than the date set by the Court and outlined in the Notice: US District Court ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ District of New Mexico LAW OFFICE OF ▇▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ U.S. ▇▇▇▇▇▇▇, LLC LLP Courthouse ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇. ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Suite 4400 270 ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 56. The Parties agree that Plaintiffs will take the lead in drafting responses to any objections to the Settlement, including any appeals filed by the objectors. However, both Parties retain their rights to make any argument(s) in response to any objector.

Appears in 1 contract

Sources: Settlement Agreement

Objection Procedures. 585.1. The Notice will inform Each Settlement Class Member desiring to object to the Settlement Class Members that they may send in Agreement shall submit a timely written notice of his or her objection in this Actionby the Objection Date. To be valid, an objection must Such notice shall state: (ai) the objector’s full name, address, telephone number, and e-mail address (if any); (bii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of notice, copy of original notice of the Incident); (ciii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector cares to submitbelieves applicable; (div) the identity of all lawyers (if any) counsel representing the objector; (ev) a statement whether the identity of all of the objector’s lawyers (if any) who objector and/or his or her counsel will appear at the Final Fairness Hearing; (f) a list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection; (g) a statement confirming whether the objector intends to personally appear and/or testify at the Final Fairness Hearing; and (hvi) the objector’s signature or and the signature of the objector’s duly authorized lawyer attorney or other duly authorized representative (along with documentation setting forth such representation). 59. In addition to the foregoing, objections should also provide the following information: ; and (avii) a list, by case name, court, and docket number, of all other cases in which the objector (directly or through a lawyer) and/or the objector’s counsel has filed an objection to any proposed class action settlement within the last three (3) years; (b) a list, by case name, court, and docket number, of all other cases in which the objector’s lawyer (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last three (3) years; and (c) a list, by case number, 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. 60. The long form notice substantially in the form of Exhibit A hereto will further inform Settlement Class Members that to To be considered timely, any valid written notice of an objection in the appropriate form must be filed mailed to the designated Post Office box established by the Claims Administrator, with a postmark on or before the Objection Date. The Claims Administrator shall promptly notify counsel for the Parties of any objections. Class Counsel shall file all objections in connection with the Clerk filing of the United States District Court final approval motion. 5.2. Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 waives and forfeits any and all rights he or she may have to appear separately and/or to object to the District Settlement Agreement, and shall be bound by all the terms of New Mexicothe Settlement Agreement and by all proceedings, no later than the date set by the Court orders and outlined judgments in the NoticeLitigation. 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 set at thirtyentered upon final approval shall be pursuant to appeal under the New Jersey Rules of Appellate Procedure and not through a collateral attack.

Appears in 1 contract

Sources: Settlement Agreement

Objection Procedures. 5838. The Notice will inform the Settlement Class Members that they may send in submit a written objection in this Actioncase, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ v. ARX Patient Solutions, LLC, AssistRx, Inc., and ARX Patient Solutions Pharmacy, LLC, No. 6:23-cv-01446-WWB-EJK (▇.▇. ▇▇▇.). To be valid, an objection must state: (ai) the objector’s full name, address, telephone numbernumber (if any), and e-mail email address (if any); (bii) information identifying the objector as a Settlement Class Member; (ciii) a written statement of all grounds for the objection, accompanied by any legal support the objector cares to submit; (div) the identity of all lawyers (if any) representing the objector; (ev) the identity of all of the objector’s lawyers (if any) who will appear at the Final Fairness Hearing; (fvi) a list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection; (gvii) a statement confirming whether the objector intends to personally appear and/or testify at the Final Fairness Hearing; and (hviii) the objector’s signature or the signature of the objector’s duly authorized lawyer or other duly authorized representative (along with documentation setting forth such representation)representative. 5939. In addition to the foregoing, objections should also provide the following information: (ai) a list, by case name, court, and docket number, of all other cases in which the objector (directly or through a lawyer) has filed an objection to any proposed class action settlement within the last three (3) years; (b) a list, by case name, court, and docket number, of all other cases in which the objector’s lawyer (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last three (3) years; and (cii) a list, by case number, 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. 6040. The long form notice substantially in the form of Exhibit A hereto Notice will further inform Settlement Class Members that to be considered timely, any valid objection in the appropriate form must be filed with the Clerk of for the United States District Court for the Middle District of New Mexico, Florida no later than sixty (60) days after the date set Notice Date. The Notice will also inform Settlement Class Members that they must mail a copy of their objection to the following three different places, postmarked no later than sixty (60) days after the Notice Date: Court Class Counsel ARX’S Counsel ▇▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 41. The Parties agree that Plaintiff will take the lead in drafting responses to any objections to the Settlement, including any appeals filed by the Court objectors. However, both Parties retain their rights to make any argument(s) in response to any objector. 42. Any Settlement Class Member who fails to comply with the requirements for objecting in this Section IX shall waive and outlined 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 NoticeLitigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of Section IX. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Final Judgment to be set at thirtyentered upon final approval, shall be pursuant to appeal and not through a collateral attack.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Objection Procedures. 58. The Notice will inform 5.1 Each Settlement Class Member desiring to object to the Settlement Class Members that they Agreement shall submit a timely written notice of his or her objection by the Objection Date or may send in a orally object at the Final Approval Hearing. Such written objection in this Action. To be valid, an objection must notice shall state: (ai) the objector’s objector’s full name, address, telephone number, and e-mail email address (if any); (bii) the case name and ▇▇▇▇▇▇ ▇▇mber, Franchi, et al. v. Barlow Respiratory Hospital, Los Angeles Supeior Court Case No. 22STCV09016 (Lead), consolidated with Los Angeles Superior Court Case No. 22STCV17107; (iii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of original notice of the Data Incident or a statement explaining why the objector believes he or she is a Settlement Class Member); (civ) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector cares to submitbelieves applicable; (dv) the identity of all lawyers (if any) counsel representing the objectorobjector in connection with the objection; (evi) a statement whether the identity of all of the objector’s lawyers (if any) who objector and/or his or her counsel will personally appear at the Final Fairness Hearing; (f) a list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection; (g) a statement confirming whether the objector intends to personally appear and/or testify at the Final Fairness Approval Hearing; and (hvii) the objector’s objector’s signature or the signature of the objector’s objector’s duly authorized lawyer attorney or other duly authorized representative (along with documentation setting forth such representation). 59representative. In addition to Notwithstanding the foregoing, objections should also provide any Settlement Class Member who timely submits a written notice of objection or attends the following information: (a) a listFinal Approval Hearing may so state their objection at that time, by case namesubject to the Court’s approval. To be timely, court, and docket number, written notice of all other cases in which the objector (directly or through a lawyer) has filed an objection to any proposed class action settlement within the last three (3that substantially complies with 5.1(i)-(vii) years; (b) a list, by case name, court, and docket number, of all other cases in which the objector’s lawyer (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last three (3) years; and (c) a list, by case number, 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. 60. The long form notice substantially in the form of Exhibit A hereto will further inform Settlement Class Members that to be considered timely, any valid objection in the appropriate form must be filed mailed, with the Clerk of the United States District Court for the District of New Mexico, a postmark date no later than the date Objection Date, ▇▇ ▇▇oposed Class Counsel and to ▇▇▇▇▇▇’s counsel as set by forth below. For all objections mailed to Proposed Settle▇▇▇▇ ▇lass Counsel and counsel for ▇▇▇▇▇▇, Proposed Settlement Class Counsel will file them with the Court and outlined in with the Notice, to be set at thirtyMotion for Final Approval of the Settlement:

Appears in 1 contract

Sources: Settlement Agreement