Common use of Objection Procedures Clause in Contracts

Objection Procedures. 89. Any Settlement Class Member desiring to object to the Settlement must submit a written objection to the Court on or before the Objection Deadline, as specified in the Preliminary Approval Order. 90. The written objection must include: (i.) The case name and number of the Litigation; (ii.) The full name, address, telephone number, and email address of the objecting Settlement Class Member; (iii.) Information which verifies the objector is a Settlement Class Member, (e.g., a copy of the Class Notice or of the original notice of the security incident addressed to the objecting Settlement Class Member); (iv.) A written statement of all grounds for the objection, accompanied by any legal support for the objection; (v.) A statement of whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; (vi.) A statement confirming whether the objector intends to personally appear or testify at the Final Approval Hearing; (vii.) The identity of all counsel representing the objector and whether they will appear at the Final Approval Hearing; (viii.) A statement of whether the objector has sold or otherwise transferred the right of their recovery to this Litigation to another person or entity, and, if so, the identity of the person or entity; and (ix.) The objector’s signature or other duly authorized representative. 91. To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court or postmarked to the Class Action Clerk for the Northern District of California no later than the Objection Deadline. 92. Any Settlement Class Member who fails to comply with the requirements for objecting in ¶¶ 89-91 shall be deemed to have waived any such objection, shall not be permitted to object to any terms or approval of the Settlement at the Final Approval Hearing, 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 shall be through the provisions of ¶¶ 89-91. 93. Submitting an objection notice under this section shall constitute the objecting settlement class member’s consent to jurisdiction of the Court and to accept service of process, including subpoenas for testimony, at the email or street address provided in the objection notice.

Appears in 2 contracts

Sources: Class Action Settlement Agreement, Class Action Settlement Agreement

Objection Procedures. 89. Any 5.1 Each Settlement Class Member desiring to object to the Settlement must Agreement shall submit a timely written notice of his or her objection to the Court on or before by the Objection Deadline, as specified in Date. Such notice shall state: (i) the Preliminary Approval Order. 90. The written objection must include: objector’s full name and address; (i.ii) The the case name and number of the Litigation; (ii.) The full name, address, telephone number, and email address of ▇▇▇▇▇▇ ▇. Metromile, LLC, Case No. 37-2022-00049770-CU-BT-CTL (San Diego Super. Ct.); (iii) information identifying the objecting objector as a Settlement Class Member; (iii.) Information which verifies , including proof that the objector is a member of the Settlement Class (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, (e.g., a copy of the Class Notice or of the original notice of the security incident addressed to the objecting Settlement Class Member); ; (iv.) A a written statement of all grounds for the objection, accompanied by any legal support for the objection; (v.) A statement of whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; (vi.) A statement confirming whether the objector intends to personally appear or testify at believes applicable; (v) the Final Approval Hearing; (vii.) The identity of any and all counsel representing the objector and in connection with the objection; (vi) a statement whether they the objector and/or his or her counsel will appear at the Final Approval Hearing; ; and (viii.vii) A statement of whether the objector has sold or otherwise transferred the right of their recovery to this Litigation to another person or entity, and, if so, the identity of the person or entity; and (ix.) The objector’s signature or the signature of the objector’s duly authorized attorney or other duly authorized representative. 91representative (if any) representing him or her in connection with the objection. To be timely, written notice of an objection in the appropriate form must be filed mailed, with the Clerk of the Court or postmarked to the Class Action Clerk for the Northern District of California a postmark date no later than the Objection DeadlineDate, to the Claims Administrator. 92. 5.2 Any Settlement Class Member who fails to comply with the requirements for objecting in ¶¶ 89-91 ¶ 5.1 shall be deemed waive and forfeit any and all rights he or she may have to have waived any such objection, shall not be permitted appear separately and/or to object to any terms or approval of the Settlement at the Final Approval HearingAgreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the litigationLitigation. the The exclusive means for any challenge to the settlement Settlement Agreement shall be through the provisions of ¶¶ 89-91. 93¶ 5.1. Submitting an objection notice Without limiting the foregoing, any challenge to the Settlement Agreement or the Final Approval Order approving this Settlement Agreement shall be pursuant to appeal under this section shall constitute the objecting settlement class member’s consent to jurisdiction California Rules of the Court and to accept service California Code of process, including subpoenas for testimony, at the email or street address provided in the objection noticeCivil Procedure and not through a collateral attack.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Objection Procedures. 89. Any 5.1 Each Settlement Class Member desiring to object to the Settlement must Agreement shall submit a timely written notice of his or her objection to the Court on or before by the Objection Deadline, as specified in the Preliminary Approval Order. 90Date. The written objection must includeSuch notice shall state: (i.i) The the objector’s full name and address; (ii) the case name and number of the Litigation; (ii.) The full name, address, telephone number, and email address of In Re: Ethos Technologies Inc. Data Breach Litigation, Case No. 3:22-cv-09203 (N.D. Cal.); (iii) information identifying the objecting objector as a Settlement Class Member; (iii.) Information which verifies , including proof that the objector is a member of the Settlement Class (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, (e.g., a copy of the Class Notice or of the original notice of the security incident addressed to the objecting Settlement Class Member); ; (iv.) A a written statement of all grounds for the objection, accompanied by any legal support for the objection; (v.) A statement of whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; (vi.) A statement confirming whether the objector intends to personally appear or testify at believes applicable; (v) the Final Approval Hearing; (vii.) The identity of any and all counsel representing the objector and in connection with the objection; (vi) a statement whether they the objector and/or his or her counsel will appear at the Final Approval Hearing; ; and (viii.vii) A statement of whether the objector has sold or otherwise transferred the right of their recovery to this Litigation to another person or entity, and, if so, the identity of the person or entity; and (ix.) The objector’s signature or the signature of the objector’s duly authorized attorney or other duly authorized representative. 91representative (if any) representing him or her in connection with the objection. To be timely, written notice of an objection in the appropriate form must be filed with submitted to the Clerk Court either by filing it electronically or in person at any location of the United States District Court or postmarked to the Class Action Clerk for the Northern District of California or by mailing it to the Class Action Clerk, United States District Court for the Northern District of California, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇., ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, with a postmark or filing date no later than the Objection DeadlineDate. 92. 5.2 Any Settlement Class Member who fails to comply with the requirements for objecting in ¶¶ 89-91 ¶ 5.1 shall be deemed waive and forfeit any and all rights he or she may have to have waived any such objection, shall not be permitted appear separately and/or to object to any terms or approval of the Settlement at the Final Approval HearingAgreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the litigationLitigation. the The exclusive means for any challenge to the settlement Settlement Agreement shall be through the provisions of ¶¶ 89-91¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement or the Final Approval Order approving this Settlement Agreement shall be pursuant to appeal under the Federal Rules of Civil Procedure and not through a collateral attack. 93. Submitting an objection notice under this section shall constitute the objecting settlement class member’s consent to jurisdiction of the Court and to accept service of process, including subpoenas for testimony, at the email or street address provided in the objection notice.

Appears in 1 contract

Sources: Settlement Agreement