Objections. 10.1 The Parties will request that the Court enter an order requiring any Class Member who wishes to enter an objection to be considered, to submit a written notice of objection to the Settlement Administrator by the deadline set in the Court’s Preliminary Approval Order. 10.2 To state a valid objection to the Settlement, an objecting Class Member must provide the following information in his, her, or its written objection: (i) the case name and number, ▇▇▇▇▇ ▇▇▇▇, et al. v. FCA US LLC, No. 20-cv-11054 (E.D. ▇▇▇▇.); (ii) his/her/its full name, current address, and current telephone number; (iii) the model year and VIN of his/her/its Class Vehicle(s); (iv) a statement of the objection(s), including all factual and legal grounds for the position; (v) copies of any documents the objector wishes to submit in support; (vi) the name and address of the attorney(s), if any, who is representing the objecting Class Member in making the objection or who may be entitled to compensation in connection with the objection; (vii) a statement of whether the Class Member objecting intends to appear at the Final Approval Hearing, either with or without counsel; (viii) the identity of all counsel (if any) who will appear on behalf of the Class Member objecting at the Final Approval Hearing and all persons (if any) who will be called to testify in support of the objection; (ix) the signature of the Class Member objecting, in addition to the signature of any attorney representing the Class Member objecting in connection with the objection, and (x) date the objection. In addition, any Class Member objecting to the Settlement shall provide a list of any other objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any court in the United States in the previous five years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member shall affirmatively so state in the written materials provided with the objection. 10.3 If the objecting Class Member intends to appear, in person or by counsel, at the Final Approval Hearing, the objecting Class Member must so state in the objection. Any Class Member who does not state his or her intention to appear in accordance with the applicable deadlines and other specifications, or who has not filed an objection in accordance with the applicable deadlines and other specifications, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearing. 10.4 The Parties will request that the Court enter an order providing that the filing of an objection allows Co-Lead Class Counsel or FCA US’s Counsel to notice such objecting person for, and take his, her, or its, deposition consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make himself/herself/itself available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous or made for improper purpose. 10.5 Any objector who seeks a fee for their objection shall do so as prescribed under Federal Rule of Civil Procedure 23(e)(5)(B). 10.6 These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member’s objection to the Settlement, in accordance with the due process rights of all Class Members. 10.7 Any Class Member who fails to file and timely serve a written objection containing all of the information listed in paragraphs 10.2 and 10.3 above, including notice of his/her intent to appear at the Final Approval Hearing, shall not be permitted to object to the Settlement and shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by any means, including but not limited to an appeal. 10.8 The Parties shall promptly inform the Court of any consideration sought by an objector and the circumstances of such a request.
Appears in 4 contracts
Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement
Objections. 10.1 The Parties will request that the Court enter an order requiring any Any Class Member who wishes to enter an objection to be consideredMember, to submit a written notice of objection to the Settlement Administrator by the deadline set in the Court’s Preliminary Approval Order.
10.2 To state a valid objection to the Settlement, an objecting Class Member must provide the following information in on his, her, or its written objection: own, or through an attorney hired at his, her, or its own expense, may object to the terms of the Settlement. Any such Objection must be submitted to the Settlement Administrator with a copy to Class Counsel and Defendants’ counsel postmarked no later than the Objection Deadline. To be effective, any such Objection must be in writing and include the contents described below:
(ia) A reference at the case name and beginning to this case;
(b) The name, address, telephone number, ▇▇▇▇▇ ▇▇▇▇and, et al. v. FCA US LLCif available, No. 20-cv-11054 (E.D. ▇▇▇▇.); (ii) his/her/its full name, current addressthe email address of the Person objecting, and current telephone number; (iii) the model year and VIN if represented by counsel, of his/her/its Class Vehicle(s); counsel;
(ivc) a A written statement of the objection(s), including all factual and legal grounds for the position; Objection, accompanied by any legal support for such Objection;
(vd) copies of any documents the objector wishes to submit in support; (vi) the name and address of the attorney(s), if any, who is representing the objecting Class Member in making the objection or who may be entitled to compensation in connection with the objection; (vii) a statement of whether the Class Member objecting Whether he/she/it intends to appear at the Final Approval Hearing, either with or without counsel; ;
(viiie) the identity A statement of all counsel (if any) who will appear on behalf of the Class Member objecting at the Final Approval Hearing and all persons (if any) who will be called to testify his/her/its membership in support of the objection; (ix) the signature of the Class Member objecting, in addition to the signature of any attorney representing the Class Member objecting in connection with the objection, and (x) date the objection. In addition, any Class Member objecting to the Settlement shall provide a Class, including all information required by the Claim Form;
(f) A detailed list of any other objections submitted by the objectorClass Member, or the objector’s his/her/its counsel, to any class actions submitted in any court, whether state or otherwise, in the United States in the previous 5 years. If the Class Member or his/her/its counsel has not objected to any other class action settlements submitted settlement in any court in the United States in the previous five 5 years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member he/she/it shall affirmatively state so state in the written materials provided in connection with the objection.Objection to this Settlement; and
10.3 If (g) The objector’s signature and the objecting Class Member intends to appear, in person or by counsel, at the Final Approval Hearing, the objecting Class Member must so state in the objection. Any Class Member who does not state his or her intention to appear in accordance with the applicable deadlines and other specifications, or who has not filed an objection in accordance with the applicable deadlines and other specifications, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearing.
10.4 The Parties will request that the Court enter an order providing that the filing signature of an objection allows Co-Lead Class Counsel or FCA US’s Counsel to notice such objecting person for, and take his, her, or its, deposition consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make himself/herself/itself available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous duly authorized attorney or made for improper purpose.
10.5 Any objector who seeks a fee for their objection shall do so as prescribed under Federal Rule of Civil Procedure 23(e)(5)(Bother duly authorized representative (along with documentation setting forth such representation).
10.6 These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member’s objection to the Settlement, in accordance with the due process rights of all Class Members.
10.7 . Any Class Member who fails to file and timely serve submit a written objection Objection containing all of the information listed in paragraphs 10.2 and 10.3 abovethe items (a) through (g) of the previous paragraph, including notice of his/her her/its intent to appear at the Final Approval Hearing, shall not be permitted to object to the Settlement and shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by any means, including including, but not limited to, an appeal. Any Class Member who submits a timely written Objection shall consent to deposition at the request of Class Counsel or Defendants’ counsel, to occur at least 5 days prior to the Final Approval Hearing. If any Objection is received by the Settlement Administrator without copy to Class Counsel or Counsel for Defendants, the Settlement Administrator shall forward the Objection and all supporting documentation to counsel for the Parties. The failure of the Class Member to comply with the filing requirements of Section 6.3 shall be grounds for striking and/or overruling the Objection. The notice shall advise that a Class Member shall not be entitled to an appealextension to the Claim Form Deadline merely because the Class Member has also submitted an objection.
10.8 The Parties shall promptly inform the Court of any consideration sought by an objector and the circumstances of such a request.
Appears in 2 contracts
Sources: Class Action Settlement Agreement, Class Action Settlement Agreement
Objections. 10.1 The Parties will request that Members of the Court enter Settlement Class shall have the right to object to this Agreement and to appear and show cause, if they have any reason why the terms of this Agreement should not be given Final Approval as follows:
1. A member of the Settlement Class may object to this Agreement either on his or her own without an order requiring any Class Member who wishes to enter attorney, or through an attorney hired at his or her own expense.
2. Any objection to this Agreement must be consideredin writing, to submit a written notice signed by the objecting member of objection to the Settlement Administrator by the deadline set in the Court’s Preliminary Approval Order.
10.2 To state a valid objection to the SettlementClass (and his or her attorney, an objecting Class Member must provide the following information in his, her, or its written objection: (i) the case name and number, ▇▇▇▇▇ ▇▇▇▇, et al. v. FCA US LLC, No. 20-cv-11054 (E.D. ▇▇▇▇.); (ii) his/her/its full name, current address, and current telephone number; (iii) the model year and VIN of his/her/its Class Vehicle(s); (iv) a statement of the objection(s)if individually represented, including all factual and legal grounds for the position; (v) copies of any documents the objector wishes to submit in support; (vi) the name and address of the attorney(s), if any, who is representing the objecting Class Member in making the objection former or current counsel who may be entitled to compensation in connection for any reason related to the objection), filed with the objection; Court, with a copy delivered to the Settlement Administrator, Class Counsel and Younique’s Counsel at the addresses set forth in the long formClass Notice (viiExhibit D), no later than thirty (30) days before the hearing on Final Approval.
3. Any objection regarding or related to this Agreement shall contain a caption or title that identifies it as “Objection to Class Settlement in ▇▇▇▇▇▇▇ v. Younique LLC, No. 8:17-cv-01397 (▇.▇.▇▇▇.).”
4. Any objection regarding or related to this Agreement shall contain information sufficient to identify and contact the objecting member of the Settlement Class (or his or her individually-hired attorney, if any), as well as a specific, clear and concise statement of his or her objection, the facts supporting the objection, the legal grounds and authority on which the objection is based, and whether the Class Member objecting he or she intends to appear at the Final Approval Hearing, either with or without counsel; (viii) .
5. Any objection shall include documents sufficient to establish the identity of all counsel (if any) who will appear on behalf basis for the objector’s standing as a member of the Class Member objecting at Settlement Class, such as (i) a declaration signed by the Final Approval Hearing and all persons (if any) who will be called to testify in support objector under penalty of perjury, including a statement that the member of the objection; (ix) the signature Settlement Class purchased at least one of the Class Member objecting, in addition to the signature of any attorney representing Products during the Class Member objecting in connection with the objection, and Period; or (xii) date the objectionreceipt(s) reflecting such purchase(s).
6. In addition, any Class Member objecting to the Settlement Any objection shall provide also include a detailed list of any other objections submitted by the objectorSettlement Class member, or the objector’s his or her counsel, to any class action settlements submitted in any court, whether state or otherwise, in the United States in the previous five (5) years. If the Settlement Class member or his or her counsel has not objected to any other class action settlement in any court in the United States in the previous five (5) years. If the Class Member , he or his or her counsel has not made any such prior objection, the Class Member she shall affirmatively state so state in the written materials provided in connection with the objectionobjection to this Agreement.
10.3 If 7. Class Counsel and/or Younique shall have the right, but not the obligation, to respond to any objection no later than seven (7) days prior to the hearing on the motion for Final Approval Order and Judgment. The Party so responding shall file a copy of the response with the Court, and shall serve a copy, by regular mail, hand or overnight delivery, to the objecting member of the Settlement Class Member intends or to appear, in person or by counsel, the individually-hired attorney for the objecting member of the Settlement Class; to Class Counsel; and to Younique’s Counsel.
8. If an objecting member of the Settlement Class chooses to appear at the hearing, no later than fifteen (15) days before the hearing on the motion for Final Approval HearingOrder and Judgment, a Notice of Intention to Appear, either In Person or Through an Attorney, must be filed with the objecting Class Member must so state in Court, listing the objectionname, address and telephone number of the attorney, if any, who will appear.
9. Any Class Member who does not state his or her intention to appear in accordance with the applicable deadlines and other specifications, or who has not filed an objection in accordance with the applicable deadlines and other specifications, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearing.
10.4 The Parties will request that the Court enter an order providing that the filing of an objection allows Co-Lead Class Counsel or FCA US’s Counsel to notice such objecting person for, and take his, her, or its, deposition consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make himself/herself/itself available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous or made for improper purpose.
10.5 Any objector who seeks a fee for their objection shall do so as prescribed under Federal Rule of Civil Procedure 23(e)(5)(B).
10.6 These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member’s objection to the Settlement, in accordance with the due process rights of all Class Members.
10.7 Any Class Member who fails to file and serve timely serve a written objection containing all of the information listed in paragraphs 10.2 and 10.3 above, including notice of his/her intent to appear at the hearing on the motion for Final Approval Hearing, Order and Judgment pursuant to this Section shall not be permitted to object to the Settlement and shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by any means, including but not limited to an appeal.
10.8 The Parties shall promptly inform the Court of any consideration sought by an objector and the circumstances of such a request.
Appears in 2 contracts
Sources: Class Settlement Agreement, Class Settlement Agreement
Objections. 10.1 1. The Parties will request that the Court enter an order requiring any Class Member member who wishes to enter an that his, her, or its objection to be considered, to submit a written notice of objection to the Settlement Administrator by the deadline set in the Court’s Preliminary Approval OrderApproval. Objections shall be submitted to the same address to which claims are submitted. Defendants shall promptly share any objections received with Class Counsel.
10.2 2. To state a valid objection to the Settlementsettlement, an objecting Class Member member must provide the following information in his, her, or its written objection: (i) the case name and number, ▇▇▇▇▇ ▇▇▇▇, et al. v. FCA US LLC, No. 20-cv-11054 (E.D. ▇▇▇▇.); (ii) his/her/its full name, current address, and current telephone number; (iiiii) the model year and VIN of his/her/its Class Vehicle(s); (iviii) a statement of the objection(s), including all factual and legal grounds for the position; (iv) whether it applies only to the objector, to a specific subset of the Class, or to the entire Class; (v) copies of any documents the objector wishes to submit in support; and (vi) the name sign and address of the attorney(s), if any, who is representing the objecting Class Member in making the objection or who may be entitled to compensation in connection with the objection; (vii) a statement of whether the Class Member objecting intends to appear at the Final Approval Hearing, either with or without counsel; (viii) the identity of all counsel (if any) who will appear on behalf of the Class Member objecting at the Final Approval Hearing and all persons (if any) who will be called to testify in support of the objection; (ix) the signature of the Class Member objecting, in addition to the signature of any attorney representing the Class Member objecting in connection with the objection, and (x) date the objection. In addition, any Class Member member objecting to the Settlement settlement shall provide a list of any other objections submitted by the objector, or by any counsel assisting the objector’s counsel, to any class action settlements submitted in any court in the United States in the previous five years. If the Class Member member or his or her counsel has not made any such prior objection, the Class Member member shall affirmatively so state in the written materials provided with the objection.
10.3 3. Lawyers asserting objections on behalf of Class Members must: (a) file a notice of appearance with the Court by the date set forth in the Preliminary Approval order, or as the Court otherwise may direct; (b) file a sworn declaration attesting to his or her representation of each Class Member on whose behalf the objection is being filed or file (in camera) a copy of the contract between that lawyer and each such Class Member; and (c) comply with the procedures described in this Section.
4. If the objecting Class Member member intends to appear, in person or by counsel, at the Final Approval Hearingfinal approval hearing, the objecting Class Member member must so state in the objection. Any Class Member member who does not state his or her intention to appear in accordance with the applicable deadlines and other specifications, or who has not filed an objection in accordance with the applicable deadlines and other specifications, will be deemed to have waived any objections to the Settlement settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearingfinal approval hearing.
10.4 5. The Parties will request that the Court enter an order providing that the filing of an objection allows Co-Lead Class Counsel or FCA US’s Counsel counsel for HMA to notice such objecting person for, for and take his, her, or its, its deposition consistent with the Federal Rules of Civil Procedure at an agreed-agreed- upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make himself/herself/itself available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous or made for improper purpose.
10.5 Any objector who seeks a fee for their objection shall do so as prescribed under Federal Rule of Civil Procedure 23(e)(5)(B).
10.6 6. These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Membermember’s objection to the Settlementsettlement, in accordance with the due process rights of all Class Membersmembers.
10.7 Any Class Member who fails to file and timely serve a written objection containing all of the information listed in paragraphs 10.2 and 10.3 above, including notice of his/her intent to appear at the Final Approval Hearing, shall not be permitted to object to the Settlement and shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by any means, including but not limited to an appeal.
10.8 The Parties shall promptly inform the Court of any consideration sought by an objector and the circumstances of such a request.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Objections. 10.1 9.1 The Parties will request Notices shall advise Settlement Class Members of their rights, including the right to be excluded from or object to the Settlement Agreement and its terms. The Notices shall specify that any objection to this Settlement Agreement, and any papers submitted in support of said objection, shall be received by the Court enter an order requiring any Class Member who wishes to enter at the Final Approval Hearing only if, on or before the Objection/Exclusion Deadline, the person making an objection to be considered, shall: (i) file his/her objection with the Clerk of Court; (ii) file copies of such papers he/she proposes to submit a written notice at the Final Approval Hearing with the Clerk of the Court; and (iii) send copies of such papers via United States mail, hand delivery, or overnight delivery to both Class Counsel and Defendant’s Counsel. A copy of the objection must also be mailed to the Settlement Administrator by at the deadline set in address that the Court’s Preliminary Approval OrderSettlement Administrator will establish to receive requests for exclusion or objections, Claim Forms, and any other communication relating to this Settlement.
10.2 To state a valid objection 9.2 Any Settlement Class Member who intends to object to the Settlement, an objecting Class Member settlement must provide the following information include in his, her, or its written any such objection: (i) the case name and number, ▇▇▇▇▇ ▇▇▇▇, et al. v. FCA US LLC, No. 20-cv-11054 (E.D. ▇▇▇▇.); (ii) his/her/its her full name, current address, address and current telephone number; (ii) the case name and number of this Action; (iii) the model year and VIN of Defendant’s Customer to whom, or website at which, he/she provided his/her/its Class Vehicle(s)her Biometrics; (iv) a statement of all grounds for the objection(s)objection, including all with factual and legal grounds support for the positionstated objection, including any supporting materials; (v) copies the identification of any documents other objections he/she has filed, or has had filed on his/her behalf, in any other class action cases in the objector wishes to submit in supportlast four years; and (vi) the name and address of the attorney(s)objector’s signature. If represented by counsel, if any, who is representing the objecting Settlement Class Member in making the objection or who may be entitled Member’s counsel shall identify all objections it has filed to compensation in connection with the objection; (vii) a statement of whether the Class Member objecting intends to appear at the Final Approval Hearing, either with or without counsel; (viii) the identity of all counsel (if any) who will appear on behalf of the Class Member objecting at the Final Approval Hearing and all persons (if any) who will be called to testify in support of the objection; (ix) the signature of the Class Member objecting, in addition to the signature of any attorney representing the Class Member objecting in connection with the objection, and (x) date the objection. In addition, any Class Member objecting to the Settlement shall provide a list of any other objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any court cases in the United States in the previous last five years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member shall affirmatively so state in the written materials provided with the objection.
10.3 If the objecting Settlement Class Member intends to appear, in person or by counsel, at the Final Approval Hearing, the objecting Class Member must so state in the objection. Any Class Member who does not state his or her intention to appear in accordance with the applicable deadlines and other specifications, or who has not filed an objection in accordance with the applicable deadlines and other specifications, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearing.
10.4 The Parties will request that the Court enter an order providing that the filing of an objection allows Co-Lead Class Counsel or FCA US’s Counsel to notice such objecting person for, and take his, her, or its, deposition consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make himself/herself/itself available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous or made for improper purpose.
10.5 Any objector who seeks a fee for their objection shall do so as prescribed under Federal Rule of Civil Procedure 23(e)(5)(B).
10.6 These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member’s objection to the Settlement, in accordance with the due process rights of all Class Members.
10.7 Any Class Member who fails to file and timely serve a written objection containing all of the information listed in paragraphs 10.2 and 10.3 above, including notice of his/her intent to appear at the Final Approval Hearing, shall not be permitted to object to the Settlement and shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by any means, including but not limited to an appeal.
10.8 The Parties shall promptly inform the Court of any consideration sought by an objector and the circumstances of such a request.to
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Objections. 10.1 The Parties will request that the Court enter an order requiring any Any Class Member who wishes to enter an objection to be consideredMember, to submit a written notice of objection to the Settlement Administrator by the deadline set in the Court’s Preliminary Approval Order.
10.2 To state a valid objection to the Settlement, an objecting Class Member must provide the following information in his, heron his or her own, or its written objection: through an attorney hired
(ia) A reference at the case name and number, beginning to this ▇▇▇▇▇ , ▇▇▇▇▇▇, et al. v. FCA US LLC, No. 20-cv-11054 (E.D. Keurig ▇▇ ▇▇▇▇▇▇ Inc., et al.); , Case No. 1822-CC11811, filed in the Circuit Court of the City of St. Louis, State of Missouri;
(iib) his/her/its full The name, current address, and current telephone number; (iii) , and, if available, the model year email address of the Person objecting, and VIN if represented by counsel, of his/her/its Class Vehicle(s); her counsel;
(ivc) a A written statement of the objection(s), including all factual and legal grounds for the position; Objection, accompanied by any legal support for such Objection;
(vd) copies of any documents the objector wishes to submit in support; (vi) the name and address of the attorney(s), if any, who is representing the objecting Class Member in making the objection or who may be entitled to compensation in connection with the objection; (vii) a statement of whether the Class Member objecting Whether he/she intends to appear at the Final Approval Hearing, either with or without counsel; ;
(viiie) the identity A statement of all counsel (if any) who will appear on behalf of the Class Member objecting at the Final Approval Hearing and all persons (if any) who will be called to testify his/her membership in support of the objection; (ix) the signature of the Class Member objecting, in addition to the signature of any attorney representing the Class Member objecting in connection with the objection, and (x) date the objection. In addition, any Class Member objecting to the Settlement shall provide a Class, including all information required by the Claim Form; and
(f) A detailed list of any other objections submitted by the objectorClass Member, or the objector’s his/her counsel, to any class actions submitted in any court, whether state or otherwise, in the United States in the previous five (5) years. If the Class Member or his/her counsel has not objected to any other class action settlements submitted settlement in any court in the United States in the previous five (5) years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member he/she shall affirmatively state so state in the written materials provided in connection with the objection.
10.3 If the objecting Class Member intends Objection to appear, in person or by counsel, at the Final Approval Hearing, the objecting Class Member must so state in the objectionthis Settlement. Any Class Member who does not state his or her intention to appear in accordance with the applicable deadlines and other specifications, or who has not filed an objection in accordance with the applicable deadlines and other specifications, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearing.
10.4 The Parties will request that the Court enter an order providing that the filing of an objection allows Co-Lead Class Counsel or FCA US’s Counsel to notice such objecting person for, and take his, her, or its, deposition consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make himself/herself/itself available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous or made for improper purpose.
10.5 Any objector who seeks a fee for their objection shall do so as prescribed under Federal Rule of Civil Procedure 23(e)(5)(B).
10.6 These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member’s objection to the Settlement, in accordance with the due process rights of all Class Members.
10.7 Any Class Member who fails to timely file and timely serve a written objection Objection containing all of the information listed in paragraphs 10.2 and 10.3 abovethe items (a) through (f) of the previous paragraph, including notice of his/her intent to appear at the Final Approval Hearing, shall not be permitted to object to the Settlement and shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by any means, including but not limited to an appeal. Any Class Member who submits a timely written Objection shall consent to deposition at the request of Class Counsel or Defendants’ counsel, to occur at least five (5) days prior to the Final Approval Hearing. If any Objection is received by the Settlement Administrator, the Settlement Administrator shall forward the Objection and all supporting documentation to counsel for the Parties. At least fourteen (14) days prior to the Final Approval Hearing, Plaintiffs’ Class Counsel shall submit all such Objections and supporting documentation with the Court. The failure of the Class Member to comply with the filing requirements of Section 7.3 shall be grounds for striking and/or overruling the Objection, even if the Objection is submitted to the Settlement Administrator. A Class Member who objects to the settlement may also submit a Claim Form on or before the Claim Filing Deadline, which shall be processed in the same way as all other Claim Forms. A Class Member shall not be entitled to an extension to the Claim Filing Deadline merely because the Class Member has also submitted an objection.
10.8 The Parties shall promptly inform the Court of any consideration sought by an objector and the circumstances of such a request.
Appears in 2 contracts
Sources: Class Action Settlement Agreement, Class Action Settlement Agreement
Objections. 10.1 69. The Parties will request Notices shall advise Settlement Class Members of their rights, including the right to be excluded from or object to the Settlement Agreement and its terms. The Notices shall specify that any objection to this Settlement Agreement, and any papers submitted in support of said objection, shall be received by the Court enter an order requiring any Class Member who wishes to enter at the Final Approval Hearing only if, on or before the Objection/Exclusion Deadline approved by the Court, the person making an objection shall file notice of his/her intention to be considered, do so and at the same time: (i) file copies of such papers he/she proposes to submit a written notice at the Final Approval Hearing with the Clerk of the Court; and (ii) send copies of such papers via United States mail, hand delivery, or overnight delivery to both Class Counsel and Defendant’s Counsel. A copy of the objection must also be mailed to the Settlement Administrator by at the deadline set in address that the Court’s Preliminary Approval OrderSettlement Administrator will establish to receive requests for exclusion or objections, Claim Forms, and any other communication relating to this Settlement.
10.2 To state a valid objection to the Settlement, an objecting 70. Any Settlement Class Member who intends to object to this Settlement must provide the following information include in his, her, or its written any such objection: (i) the case name and number, ▇▇▇▇▇ ▇▇▇▇, et al. v. FCA US LLC, No. 20-cv-11054 (E.D. ▇▇▇▇.); (ii) his/her/its her full name, current address, address and current telephone number; (ii) the name and number of this case; (iii) the model year and VIN of hiskiosk location(s) at which he/her/its Class Vehicle(s)she had their finger scan captured or collected by Defendant; (iv) a statement of all grounds for the objection(s)objection, including all with factual and legal grounds support for the positionstated objection, including any supporting materials; (v) copies the identification of any documents other objections he/she has filed, or has had filed on his/her behalf, in any other class action cases in the objector wishes to submit in supportlast four years; and (vi) the objector's signature. If represented by counsel, the objecting Settlement Class Member must also provide the name and address telephone number of the attorney(s), if any, who is representing his/her counsel. If the objecting Settlement Class Member in making the objection or who may be entitled to compensation in connection with the objection; (vii) a statement of whether the Class Member objecting intends to appear at the Final Approval Hearing, either with or without counsel; (viii) , he/she must state as such in the identity of all counsel (if any) who will appear on behalf of the Class Member objecting written objection, and must also identify any witnesses he/she may call to testify at the Final Approval Hearing and all persons (if any) who will be called to testify in support of the objection; (ix) the signature of the Class Member objecting, in addition to the signature of any attorney representing the Class Member objecting in connection with the objection, and (x) date the objection. In addition, any Class Member objecting to the Settlement shall provide a list of any other objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any court in the United States in the previous five years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member shall affirmatively so state in the written materials provided with the objection.
10.3 If the objecting Class Member exhibits he/she intends to appear, in person or by counsel, introduce into evidence at the Final Approval Hearing, which must also be attached to, or included with, the objecting Class Member must so state in the written objection. FILED DATE: 12/13/2019 11:20 AM 2018CH11240
71. Any Class Member who does not state his or her intention to appear in accordance with the applicable deadlines and other specifications, or who has not filed an objection in accordance with the applicable deadlines and other specifications, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearing.
10.4 The Parties will request that the Court enter an order providing that the filing of an objection allows Co-Lead Class Counsel or FCA US’s Counsel to notice such objecting person for, and take his, her, or its, deposition consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make himself/herself/itself available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous or made for improper purpose.
10.5 Any objector who seeks a fee for their objection shall do so as prescribed under Federal Rule of Civil Procedure 23(e)(5)(B).
10.6 These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member’s objection to the Settlement, in accordance with the due process rights of all Class Members.
10.7 Any Class Member who fails to timely file and timely serve a written objection containing all of the information listed in paragraphs 10.2 and 10.3 above, including notice of his/her intent to appear at the Final Approval HearingHearing pursuant to this Agreement, shall not be permitted to object to the approval of the Settlement at the Final Approval Hearing and shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by any appeal or other means, including but not limited to an appeal.
10.8 The Parties shall promptly inform the Court of any consideration sought by an objector and the circumstances of such a request.
Appears in 1 contract
Objections. 10.1 66. The Parties will request Notices shall advise Settlement Class Members of their rights, including the right to be excluded from or object to the Settlement Agreement and its terms. The Notices shall specify that any objection to this Settlement Agreement, and any papers submitted in support of said objection, shall be received by the Court enter an order requiring any Class Member who wishes to enter at the Final Approval Hearing, only if, on or before the Objection/Exclusion Deadline approved by the Court, the person making an objection shall file notice of his/her intention to be considered, do so and at the same time: (a) file copies of such papers he/she proposed to submit a written notice at the Final Approval Hearing with the Clerk of the Court; and (b) send copies of such papers via US Mail, hand delivery, or overnight delivery to both Class Counsel and the Counter-Defendants’ Counsel. A copy of the objection must also be mailed to the Settlement Administrator by at the deadline set in address that the Court’s Preliminary Approval OrderSettlement Administrator will establish to receive requests for exclusion or objections and any other communication relating to this settlement.
10.2 To state a valid objection to the Settlement, an objecting 67. Any Settlement Class Member who intends to object to this Settlement Agreement must provide the following information include in his, her, or its written any such objection: (i) the case name and number, ▇▇▇▇▇ ▇▇▇▇, et al. v. FCA US LLC, No. 20-cv-11054 (E.D. ▇▇▇▇.); (iia) his/her/its her full name, current address, and current telephone number; (iiib) the model year case names and VIN numbers of his/her/its Class Vehicle(s)these Consolidated Actions; (ivc) a statement of the objection(s)date range during which he/she was sued by Counter-Defendants; (d) all grounds for the objection, including all with factual and legal grounds support for the positionstated objection, including any supporting materials; (v) copies of any documents the objector wishes to submit in support; (vie) the name and address of the attorney(s), if any, who is representing the objecting Class Member in making the objection or who may be entitled to compensation in connection with the objection; (vii) a statement of whether the Class Member objecting intends to appear at the Final Approval Hearing, either with or without counsel; (viii) the identity of all counsel (if any) who will appear on behalf of the Class Member objecting at the Final Approval Hearing and all persons (if any) who will be called to testify in support of the objection; (ix) the signature of the Class Member objecting, in addition to the signature of any attorney representing the Class Member objecting in connection with the objection, and (x) date the objection. In addition, any Class Member objecting to the Settlement shall provide a list identification of any other objections submitted by the objectorhe/she has filed, or the objector’s counsel, to any class action settlements submitted in any court in the United States in the previous five years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member shall affirmatively so state in the written materials provided with the objection.
10.3 If the objecting Class Member intends to appear, in person or by counsel, at the Final Approval Hearing, the objecting Class Member must so state in the objection. Any Class Member who does not state his or her intention to appear in accordance with the applicable deadlines and other specifications, or who has not had filed an objection in accordance with the applicable deadlines and other specifications, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearing.
10.4 The Parties will request that the Court enter an order providing that the filing of an objection allows Co-Lead Class Counsel or FCA US’s Counsel to notice such objecting person for, and take his, her, or its, deposition consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make himself/herself/itself available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous or made for improper purpose.
10.5 Any objector who seeks a fee for their objection shall do so as prescribed under Federal Rule of Civil Procedure 23(e)(5)(B).
10.6 These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member’s objection to the Settlement, in accordance with the due process rights of all Class Members.
10.7 Any Class Member who fails to file and timely serve a written objection containing all of the information listed in paragraphs 10.2 and 10.3 above, including notice of on his/her intent to appear at behalf, in any other class action cases in the Final Approval Hearing, shall not be permitted to object to the Settlement and shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by any means, including but not limited to an appeal.
10.8 The Parties shall promptly inform the Court of any consideration sought by an objector and the circumstances of such a request.last five years; and
Appears in 1 contract
Sources: Settlement Agreement
Objections. 10.1 The Parties will request that Subject to the Court enter an order requiring terms of this Agreement, Class Counsel, in consultation with counsel for Defendant, shall administer (or oversee the administration of) the receipt of any and all requests for exclusion from the Settlement Classes and/or or objections to the Settlement.
9.1 Any Settlement Class Member who wishes intends to enter an object to the settlement, including the terms or any component thereof, must both: (1) mail any such objection to be considered, to submit a written notice or file any such objection with the Court on or before the ninetieth (90th) day after the date of objection to entry of the Settlement Administrator by the deadline set in the Court’s Preliminary Approval Order.
10.2 To state , unless otherwise ordered by the Court; and (2) provide a valid copy of the objection to the Settlement, an objecting Class Member must provide the following information in his, her, or its written objectioneach of: (i) the case name and numberClaims Administrator; (ii) ▇▇▇▇▇▇▇▇▇ Law Group, APC c/o ▇▇▇▇▇ ▇▇▇▇, et al. v. FCA US LLC, No. 20-cv-11054 (E.D. ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Suite D1, Costa Mesa, CA 92626; and (iii) ▇▇▇▇▇ Lord LLP, c/o ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇.); (ii) , Ste 1950, San Francisco, CA 94104. Any objector to the settlement must provide his/her/its full name, current address, and current telephone number, as well as their claim identification number included in the Notice or the cellular telephone number(s) on which he/she/it received the phone calls(s) from Defendant, and state in writing all objections, and the reasons for such objections. Any Settlement Class Member who wishes to appear in person to present evidence or argument in support of the objection at the Final Approval Hearing must provide notice to that effect in its notice of objection. A Settlement Class Member or his/her/its attorney intending to make an appearance at the Final Approval Hearing must: (a) file a notice of appearance with the Court no later than ten (10) days prior to the Final Approval Hearing, or as the Court may otherwise direct; and (iiib) serve a copy of such notice of appearance on all counsel for all Settling Parties. For any attorney representing an objector, the model year attorney shall file a declaration listing all objections previously filed for anyone, the case name, court, and VIN case number, and how much, if any amount, was paid in connection with the objection. Any Settlement Class Member who fails to timely file a written objection with the Court and notice of his/her/its Class Vehicle(s); (iv) a statement of the objection(s), including all factual and legal grounds for the position; (v) copies of any documents the objector wishes to submit in support; (vi) the name and address of the attorney(s), if any, who is representing the objecting Class Member in making the objection or who may be entitled to compensation in connection with the objection; (vii) a statement of whether the Class Member objecting intends to appear at the Final Approval Hearing, either with or without counsel; (viii) the identity of all counsel (if any) who will appear on behalf of the Class Member objecting at the Final Approval Hearing and all persons (if any) who will be called to testify in support of the objection; (ix) the signature of the Class Member objecting, in addition to the signature of any attorney representing the Class Member objecting in connection with the objection, and (x) date the objection. In addition, any Class Member objecting to the Settlement shall provide a list of any other objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any court in the United States in the previous five years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member shall affirmatively so state in the written materials provided with the objection.
10.3 If the objecting Class Member intends to appear, in person or by counsel, at the Final Approval Hearing, the objecting Class Member must so state in the objection. Any Class Member who does not state his or her intention to appear in accordance with the applicable deadlines and other specifications, or who has not filed an objection in accordance with the applicable deadlines and other specifications, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearing.
10.4 The Parties will request that the Court enter an order providing that the filing of an objection allows Co-Lead Class Counsel or FCA US’s Counsel to notice such objecting person for, and take his, her, or its, deposition consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make himself/herself/itself available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous or made for improper purpose.
10.5 Any objector who seeks a fee for their objection shall do so as prescribed under Federal Rule of Civil Procedure 23(e)(5)(B).
10.6 These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member’s objection to the Settlement, in accordance with the due process rights of all Class Members.
10.7 Any Class Member who fails to file and timely serve a written objection containing all of the information listed in paragraphs 10.2 and 10.3 above, including notice of his/her intent to appear at the Final Approval HearingHearing in accordance with the terms of this Agreement and as detailed in the Notice, and at the same time provide copies to designated counsel for the Settling Parties, shall not be permitted to object to this Settlement Agreement at the Settlement and Final Approval Hearing, shall be foreclosed from seeking any review of this Agreement by appeal or other means, and shall be deemed to have waived his/her/its objections and be barred from making any such objections in the Action or any other action or proceeding.
9.2 The Settling Parties agree that, subject to Court approval, any Settlement Class Member who does not file a timely written objection to the settlement shall be foreclosed from seeking review of the Settlement by appeal or otherwise. The Settling Parties agree that, subject to Court approval, any Settlement Class Member who does not file a timely written request for exclusion from the Settlement Class shall be bound by the terms of the Settlement Agreement by any meansthis Agreement, including specifically, but not limited to an appealto, the Releases set forth in Section III.12 hereof.
10.8 The Parties shall promptly inform the Court of any consideration sought by an objector and the circumstances of such a request.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Objections. 10.1 The Parties will request that 65. Any objection to this Settlement Agreement, and any papers submitted in support of said objection, shall be received by the Court enter an order requiring any Class Member who wishes to enter at the Final Approval Hearing only if, on or before the Objection/Exclusion Deadline approved by the Court, the person making an objection shall file notice of his/her intention to be considered, do so and at the same time: (i) file copies of such papers he/she proposes to submit a written notice at the Final Approval Hearing with the Clerk of the Court; and (ii) send copies of such papers via United States mail, hand delivery, or overnight delivery to both Class Counsel and Defendant’s Counsel. A copy of the objection must also be mailed to the Settlement Administrator by at the deadline set in address that the Court’s Preliminary Approval OrderSettlement Administrator will establish to receive requests for exclusion or objections, Claim Forms, and any other communication relating to this Settlement.
10.2 To state a valid objection to the Settlement, an objecting 66. Any Settlement Class Member who intends to object to this Settlement must provide the following information include in his, her, or its written any such objection: (i) the case name and number, ▇▇▇▇▇ ▇▇▇▇, et al. v. FCA US LLC, No. 20-cv-11054 (E.D. ▇▇▇▇.); (ii) his/her/its her full name, current address, address and current telephone number; (ii) the name and number of this case; (iii) the model year location(s) at which he/she was employed and VIN of his/her/its Class Vehicle(s)had their finger scan captured or collected by Defendant; (iv) a statement of all grounds for the objection(s)objection, including all with factual and legal grounds support for the positionstated objection, including any supporting materials; (v) copies the identification of any documents other objections he/she has filed, or has had filed on his/her behalf, in any other class action cases in the objector wishes to submit in supportlast four years; and (vi) the objector's signature. If represented by counsel, the objecting Settlement Class Member must also provide the name and address telephone number of the attorney(s), if any, who is representing his/her counsel. If the objecting Settlement Class Member in making the objection or who may be entitled to compensation in connection with the objection; (vii) a statement of whether the Class Member objecting intends to appear at the Final Approval Hearing, either with or without counsel; (viii) , he/she must state as such in the identity of all counsel (if any) who will appear on behalf of the Class Member objecting written objection, and must also identify any witnesses he/she may call to testify at the Final Approval Hearing and all persons (if any) who will be called to testify in support of the objection; (ix) the signature of the Class Member objecting, in addition to the signature of any attorney representing the Class Member objecting in connection with the objection, and (x) date the objection. In addition, any Class Member objecting to the Settlement shall provide a list of any other objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any court in the United States in the previous five years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member shall affirmatively so state in the written materials provided with the objection.
10.3 If the objecting Class Member exhibits he/she intends to appear, in person or by counsel, introduce into evidence at the Final Approval Hearing, which must also be attached to, or included with, the objecting Class Member must so state in the written objection.
67. Any Class Member who does not state his or her intention to appear in accordance with the applicable deadlines and other specifications, or who has not filed an objection in accordance with the applicable deadlines and other specifications, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearing.
10.4 The Parties will request that the Court enter an order providing that the filing of an objection allows Co-Lead Class Counsel or FCA US’s Counsel to notice such objecting person for, and take his, her, or its, deposition consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make himself/herself/itself available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous or made for improper purpose.
10.5 Any objector who seeks a fee for their objection shall do so as prescribed under Federal Rule of Civil Procedure 23(e)(5)(B).
10.6 These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member’s objection to the Settlement, in accordance with the due process rights of all Class Members.
10.7 Any Class Member who fails to timely file and timely serve a written objection containing all of the information listed in paragraphs 10.2 and 10.3 above, including notice of his/her intent to appear at the Final Approval HearingHearing pursuant to this Agreement, shall not be permitted to object to the approval of the Settlement at the Final Approval Hearing and shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by any appeal or other means, including but not limited to an appeal.
10.8 The Parties shall promptly inform the Court of any consideration sought by an objector and the circumstances of such a request.
Appears in 1 contract
Sources: Settlement Agreement
Objections. 10.1 The Parties will request Notice shall advise Settlement Class Members of their rights, including the right to be excluded from or object to the Settlement Agreement and its terms. The Notice shall specify that any objection to this Settlement Agreement, and any papers submitted in support of said objection, shall be received by the Court enter an order requiring any Class Member who wishes to enter at the Final Approval Hearing only if, on or before the Objection/Exclusion Deadline approved by the Court, the person making an objection shall file notice of his/her intention to be considered, do so and at the same time: (i) file copies of such papers he/she proposes to submit a written notice at the Final Approval Hearing with the Clerk of the Court; and (ii) send copies of such papers via United States mail, hand delivery, or overnight delivery to Class Counsel and Defendants Counsel. A copy of the objection must also be mailed to the Settlement Administrator by at the deadline set in address that the Court’s Preliminary Approval OrderSettlement Administrator will establish to receive requests for exclusion or objections.
10.2 To state a valid objection to the Settlement, an objecting Any Settlement Class Member who intends to object to this Settlement must provide the following information include in his, her, or its written any such objection: (i) the case name and number, ▇▇▇▇▇ ▇▇▇▇, et al. v. FCA US LLC, No. 20-cv-11054 (E.D. ▇▇▇▇.); (ii) his/her/its her full name, current address, email address, and current telephone number; (ii) the case name and number of the Lawsuit; (iii) information required in Section 2.3 identifying the model year and VIN objector as a Settlement Class Member, including proof that the objector is a Member of his/her/its Class Vehicle(s)the Settlement Class; (iv) a statement of all grounds for the objection(s)objection, including all with factual and legal grounds support for the positionstated objection, including any supporting materials; (v) copies the identification of any documents other objections he/she has filed, or has had filed on his/her behalf, in any other class action cases in the objector wishes to submit in supportlast four years; and (vi) the objectors signature. If represented by counsel, the objecting Settlement Class Member must also provide the name and address telephone number of the attorney(s), if any, who is representing his/her counsel. If the objecting Settlement Class Member in making the objection or who may be entitled to compensation in connection with the objection; (vii) a statement of whether the Class Member objecting intends to appear at the Final Approval HearingHearing at his/her own expense, either with or without counsel; (viii) , he/she must state as such in the identity of all counsel (if any) who will appear on behalf of the Class Member objecting written objection, and must also identify any witnesses he/she may call to testify at the Final Approval Hearing and all persons (if any) who will be called to testify in support of the objection; (ix) the signature of the Class Member objecting, in addition to the signature of any attorney representing the Class Member objecting in connection with the objection, and (x) date the objection. In addition, any Class Member objecting to the Settlement shall provide a list of any other objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any court in the United States in the previous five years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member shall affirmatively so state in the written materials provided with the objection.
10.3 If the objecting Class Member exhibits he/she intends to appear, in person or by counsel, introduce into evidence at the Final Approval Hearing, the objecting Class Member which must so state in the objection. Any Class Member who does not state his or her intention to appear in accordance with the applicable deadlines and other specificationsalso be attached to, or who has not filed an objection in accordance with included with, the applicable deadlines and other specifications, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearingwritten objection.
10.4 The Parties will request that the Court enter an order providing that the filing of an objection allows Co-Lead Class Counsel or FCA US’s Counsel to notice such objecting person for, and take his, her, or its, deposition consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make himself/herself/itself available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous or made for improper purpose.
10.5 10.3 Any objector who seeks a fee for their objection shall do so as prescribed under Federal Rule of Civil Procedure 23(e)(5)(B).
10.6 These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member’s objection to the Settlement, in accordance with the due process rights of all Class Members.
10.7 Any Settlement Class Member who fails to timely file and timely serve a written objection containing all of the information listed in paragraphs 10.2 and 10.3 above, including notice of his/her intent to appear at the Final Approval HearingHearing pursuant to this Settlement Agreement, shall not be permitted to object to the approval of the Settlement at the Final Approval Hearing and shall be foreclosed from seeking any review of the Settlement or the its terms of the by appeal or other means.
10.4 Settlement Agreement Class Members cannot both object to and exclude themselves from this Settlement Agreement. Objections will not be considered by any means, including but not limited to an appealperson who excludes themselves from this Settlement Agreement.
10.8 The Parties shall promptly inform the Court of any consideration sought by an objector and the circumstances of such a request.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Objections. 10.1 The Parties will Class Members and persons purporting to act on their behalf who wish to object to the fairness, reasonableness, or adequacy of the Settlement or this Agreement, any request that the Court enter for Attorneys’ Fees and Expenses, or any request for an order requiring any Class Member who wishes to enter an objection to be considered, to Incentive Award shall submit a written notice of objection in accordance with the following procedures:
(a) Class Members who wish to the Settlement Administrator by the deadline set in the Court’s Preliminary Approval Order.
10.2 To state object must submit a valid written statement of objection to the SettlementClass Action Clerk, United States District Court for the Northern District of California, postmarked or filed via the court’s electronic filing system (ECF), on or before the Objection/Exclusion Deadline.
(b) To be valid, an objecting Class Member Objection must provide the following information in his, her, or its written objectioninclude: (ia) a reference to this case, the case name and numberpresiding judge, the ▇▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇, et al. v. FCA US LLC, No. 20-cv-11054 (E.D. ▇▇▇▇.); (iib) his/her/its full the name, current address, and current telephone number; (iii) , and, if available, the model year email address of the Person objecting, and VIN if represented by counsel, of his/her/its Class Vehicle(s)her counsel; (ivc) a written statement of the objection(s), including all factual and legal grounds for the positionObjection, accompanied by any legal support for such Objection; (v) copies of any documents the objector wishes to submit in support; (vi) the name and address of the attorney(s), if any, who is representing the objecting Class Member in making the objection or who may be entitled to compensation in connection with the objection; (viid) a statement of whether the Class Member objecting he/she intends to appear at the Final Approval Hearing, either with or without counsel; (viiie) a statement of his/her membership in the identity of Class, including all counsel (if any) who will appear on behalf of information required by the Class Member objecting at the Final Approval Hearing and all persons (if any) who will be called to testify in support of the objectionClaim Form; (ix) the signature of the Class Member objecting, in addition to the signature of any attorney representing the Class Member objecting in connection with the objection, and (xf) date the objection. In addition, any Class Member objecting to the Settlement shall provide a detailed list of any other objections submitted by the objectorClass Member, or the objector’s his/her counsel, to any class actions submitted in any court, whether state or otherwise, in the United States in the previous five (5) years. If the Class Member or his/her counsel has not objected to any other class action settlements submitted settlement in any court in the United States in the previous five (5) years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member he/she shall affirmatively state so state in the written materials provided in connection with the objectionObjection to this Settlement. Failure to include this information and documentation may be grounds for overruling and rejecting the Objection. Any Class Member who fails to timely submit a written objection prior to the Objection/Exclusion Deadline shall be deemed to have waived his/her objections, and those objections will not be considered by the Court.
10.3 If the (c) Any objecting Class Member intends to may appear, in person or by counsel, at the Final Approval Hearing to show cause why this Settlement and this Agreement should not be approved as fair, adequate, and reasonable or to object to any request for a Attorneys’ Fees and Expenses or Incentive Award. To appear in person or by counsel at the Final Approval Hearing, the objecting Class Member must so state include in his or her objection a Notice of Intention to Appear. The Notice of Intention to Appear must include copies of any papers, exhibits, or other evidence that the objectionobjecting Class Member (or his/her counsel) will present to the Court in connection with the Final Approval Hearing. Any Class Member who does fails to submit a proper Notice of Intention to Appear will not state his or her intention to appear in accordance with the applicable deadlines and other specifications, or who has not filed an objection in accordance with the applicable deadlines and other specifications, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at heard during the Final Approval Hearing.
10.4 The Parties will request that the Court enter an order providing that the filing of an objection allows Co-Lead Class Counsel or FCA US’s Counsel to notice such objecting person for, and take his, her, or its, deposition consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make himself/herself/itself available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous or made for improper purpose.
10.5 Any objector who seeks a fee for their objection shall do so as prescribed under Federal Rule of Civil Procedure 23(e)(5)(B).
10.6 These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member’s objection to the Settlement, in accordance with the due process rights of all Class Members.
10.7 (d) Any Class Member who fails to file and submits a timely serve a written objection containing all of request for exclusion from the information listed in paragraphs 10.2 and 10.3 above, including notice of his/her intent to appear at the Final Approval Hearing, Settlement shall not be permitted to object to the Settlement. Any written objection submitted by a Class Member who has submitted a timely written request for exclusion from the Settlement will not be heard during the Final Approval Hearing and the Class Member’s objection(s) shall be waived and shall not be considered by the Court at the Final Approval Hearing.
(e) Any Class Member who submits a written objection in accordance with this Section shall be entitled to all of the benefits of the Settlement and this Agreement, provided the objecting Class Member complies with all the requirements set forth in this Agreement for submitting a timely and Valid Claim, and shall be foreclosed from seeking any review of the Settlement or the bound by all terms of the Settlement Agreement and the Final Approval Order and Judgment if the Settlement is approved by any means, including but not limited to an appealthe Court.
10.8 The Parties (f) Class Counsel shall promptly inform serve on Defendants’ Counsel and file with the Court of any consideration sought by an objector and written objections to the circumstances of such a requestSettlement received within fifteen (15) days following the Objection/Exclusion Deadline.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Objections. 10.1 Settlement Class Members shall be permitted to object to the Settlement, provided that they comply with the requirements for filing an objection as set forth in the Preliminary Approval Order and the Class Notice. The Class Notice shall advise the Settlement Class Members of their rights to object to the Settlement Agreement. Any objections must be filed on or before the Objection/Exclusion Deadline approved by the Court and specified in the Class Notice. The Parties will request that the Court enter an order requiring that all objections must be in writing, signed by the objecting individual or entity, and must include:
(a) The full legal name(s) of the objecting individual(s) or entity(ies) that entered into the lease at the shopping mall(s) managed by CBL Management, their address(es), email address(es), and telephone number(s);
(b) The name(s) of the shopping mall(s) where each individual or entity was a tenant;
(c) The approximate dates each individual or entity was a tenant at that/those shopping mall(s);
(d) A written statement of all objection(s) to the settlement, as well as the specific reason for each objection, and any Class Member who wishes to enter an objection legal or factual support for each objection;
(e) A description of all evidence to be consideredpresented at the Final Approval Hearing in support of the objection, to submit including a written notice list of objection to any witnesses, a summary of the Settlement Administrator by the deadline set in the Court’s Preliminary Approval Order.
10.2 To state a valid objection to the Settlement, an objecting Class Member must provide the following information in his, her, or its written objection: (i) the case name and number, ▇▇▇▇▇ ▇▇▇▇, et al. v. FCA US LLC, No. 20-cv-11054 (E.D. ▇▇▇▇.); (ii) his/her/its full name, current addressexpected testimony from each witness, and current telephone number; (iii) the model year and VIN of his/her/its Class Vehicle(s); (iv) a statement of the objection(s), including all factual and legal grounds for the position; (v) copies copy of any documents or other non-oral material to be presented (which evidence must be attached to the objector wishes to submit in support; objection);
(vif) The identity of all counsel who represent the name and address of the attorney(sobjecting individual(s) or entity(ies), if anythe fee application, who is representing or the application for service awards;
(g) A statement regarding whether the objecting Class Member in making the objection individual(s) or who may be entitled to compensation in connection with the objection; (vii) a statement of whether the Class Member objecting intends entity(ies), or their counsel, intend to appear and argue at the Final Approval Hearing, either with or without counsel; (viii) identifying the identity of all counsel (if anyperson(s) who will appear appear;
(h) Four dates at least ten days before the Final Approval Hearing on behalf which the objecting individual(s) or entity(ies) will be available to be deposed by lawyers for the Parties;
(i) The number of times in which the objecting individual’s or entity’s counsel and the counsel’s law firm have objected to a class action settlement within the five years preceding the date of the filing of the objection in this case, the caption of each case in which counsel or the firm made such objection, and a copy of all orders related to or ruling upon counsel’s or the firm’s prior objections that were issued by the trial or appellate courts in each case; and
(j) All agreements that relate to the objection in this case or the process of objecting, whether written or verbal, between or among the objecting individual or entity, their counsel, and/or any other person or entity. A Settlement Class Member objecting may not both opt out of the Settlement and object to the Settlement. If a Settlement Class Member submits both a Request for Exclusion and objects, the Request for Exclusion will control. Although an objector’s attendance at the Final Approval Hearing and all persons (if any) is not mandatory, an objector who will be called to testify in support of the objection; (ix) the signature of the Class Member objecting, in addition to the signature of any attorney representing the Class Member objecting in connection with the objection, and (x) date the objection. In addition, any Class Member objecting to the Settlement shall provide a list of any other objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any court in the United States in the previous five years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member shall affirmatively so state in the written materials provided with the objection.
10.3 If the objecting Class Member intends to appear, in person or by counsel, at attend the Final Approval Hearing, the objecting Class Member Hearing must so state indicate in the its written objection. Any Class Member who does not state his or her intention to appear in accordance with the applicable deadlines and other specifications, or who has not filed an objection in accordance with the applicable deadlines and other specifications, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearing.
10.4 The Parties will request that the Court enter an order providing that the filing of an objection allows Co-Lead Class Counsel or FCA US’s Counsel to notice such objecting person for, and take his, her, or its, deposition consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make himself/herself/itself available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous or made for improper purpose.
10.5 Any objector who seeks a fee for their objection shall do so as prescribed under Federal Rule of Civil Procedure 23(e)(5)(B).
10.6 These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member’s objection to the Settlement, in accordance with the due process rights of all Class Members.
10.7 Any Class Member who fails to file and timely serve a written objection containing all of the information listed in paragraphs 10.2 and 10.3 above, including notice of his/her intent to appear at the Final Approval Hearing, shall not be permitted to object to the Settlement and shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by any means, including but not limited to an appeal.
10.8 The Parties shall promptly inform the Court of any consideration sought by an objector and the circumstances of such a request.
Appears in 1 contract
Sources: Settlement Agreement (CBL & Associates Limited Partnership)
Objections. 10.1 10.1. The Parties will request that the Court enter an order requiring any Class Member who wishes to enter an objection to be considered, to submit a written notice of objection to the Settlement Administrator by at the deadline address set forth in the Court’s Preliminary Approval OrderNotice postmarked by no later than 45 days after the Notice Date.
10.2 10.2. To state a valid objection to the Settlement, an objecting Class Member must provide the following information in his, her, or its written objection: (i) the case name and number, i.e., ▇▇▇▇▇ ▇▇▇▇, et al. v. FCA US LLC, No. 204:22-cv-11054 cv-00447 (E.D. ▇.▇▇▇. Tex.); (ii) his/her/its their full name, current address, and current telephone number; (iii) the model year and VIN of his/her/its their Class Vehicle(s); (iv) a statement of the objection(s), including all factual and legal grounds for the position; (v) copies of any documents the objector wishes to submit in support; (vi) the name and address of the attorney(s), if any, who is representing the objecting Class Member in making the objection or who may be entitled to compensation in connection with the objection; (vii) a statement of whether the Class Member objecting intends to appear at the Final Approval Hearing, either with or without counsel; (viii) the identity of all counsel (if any) who will appear on behalf of the Class Member objecting at the Final Approval Hearing and all persons (if any) who will be called to testify in support of the objection; (ix) the signature of the Class Member objecting, in addition to the signature of any attorney representing the Class Member objecting in connection with the objection, and (x) the date of the objection. In addition, any Class Member objecting to the Settlement shall provide a list of any other objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any court in the United States in the previous five years. If the Class Member or his or her their counsel has not made any such prior objection, the Class Member shall affirmatively so state in the written materials provided with the objection.
10.3 10.3. If the objecting Class Member intends to appear, in person or by counsel, at the Final Approval Hearing, the objecting Class Member must so state in the objection. Any Class Member who does not state his or her intention to appear in accordance with the applicable deadlines and other specifications, or who has not filed an objection in accordance with the applicable deadlines and other specifications, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearing.
10.4 10.4. The Parties will request that the Court enter an order providing that the filing of an objection allows Co-Lead Class Counsel or FCA US’s Counsel to notice such objecting person for, and take his, her, or its, their deposition consistent with the Federal Rules of Civil Procedure at an agreed-agreed- upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make himself/herself/itself themselves available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous or made for improper purpose.
10.5 Any objector who seeks a fee for their objection shall do so as prescribed under Federal Rule of Civil Procedure 23(e)(5)(B).
10.6 These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member’s objection to the Settlement, in accordance with the due process rights of all Class Members.
10.7 Any Class Member who fails to file and timely serve a written objection containing all of the information listed in paragraphs 10.2 and 10.3 above, including notice of his/her intent to appear at the Final Approval Hearing, shall not be permitted to object to the Settlement and shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by any means, including but not limited to an appeal.
10.8 The Parties shall promptly inform the Court of any consideration sought by an objector and the circumstances of such a request.
Appears in 1 contract
Sources: Settlement Agreement
Objections. 10.1 The Parties will request that the Court enter an order requiring any Any Class Member who wishes intends to enter an object to the fairness of the Settlement must do so in writing and file his or her written objection with the Court on or before the Objection Deadline for the objection to be considered, to submit a written notice of considered timely.
10.2 Any objection to the Settlement Administrator by the deadline set in the Court’s Preliminary Approval Order.
10.2 To state a valid objection to the Settlement, an objecting Class Member must provide the following information in his, her, or its written objectioninclude: (ia) a caption or title that clearly identifies the Action and that the document is an objection; (b) the case name and objector’s name, address, telephone number, ▇▇▇▇▇ ▇▇▇▇email or, et al. v. FCA US LLCif represented by counsel, No. 20-cv-11054 (E.D. ▇▇▇▇.)the name, address, telephone number and email of his or her counsel; (iic) his/her/its full name, current address, and current telephone numberinformation sufficient to establish the objector’s standing as a Class Member; (iii) the model year and VIN of his/her/its Class Vehicle(s); (ivd) a statement of the objection(s), including all factual and legal grounds for the position; (v) copies of any documents indicating whether the objector wishes to submit in support; (vi) the name and address of the attorney(s), if any, who is representing the objecting Class Member in making the objection or who may be entitled to compensation in connection with the objection; (vii) a statement of whether the Class Member objecting intends to appear at the Final Approval Hearing, either with in person or without through counsel; (viiie) the identity of all counsel (if any) who will appear on behalf a statement of the Class Member objecting at objection and the Final Approval Hearing and all persons (if any) who will be called to testify in support of grounds supporting the objection, including any facts and/or law supporting the objection; (ixf) copies of any papers, briefs, or other documents upon which the objection is based; (g) the name and case number for all actions in which the objector has objected to a class action settlement in the past five (5) years; (h) the objector’s signature, and (i) if the objector is represented by counsel, the signature of the Class Member objecting, in addition to the signature of any attorney representing the Class Member objecting in connection with the objection, and (x) date the objection. In addition, any Class Member objecting to the Settlement shall provide a list of any other objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any court in counsel (the United States in the previous five years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member shall affirmatively so state in the written materials provided with the objection“Objection”).
10.3 If the objecting Any Class Member intends to appearwho files a timely written Objection, as described in person or by counselthe preceding paragraphs (“Objecting Class Member”), and only those Class Members, may appear and be heard at the Final Approval Hearing, either directly or through counsel hired at the objecting Class Member must so state Member’s own expense. If not stated in the objection. Any Objection, Objecting Class Member Members or their attorneys who does not state his or her intention intend to appear in accordance with the applicable deadlines and other specifications, or who has not filed an objection in accordance with the applicable deadlines and other specifications, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearing must file with the Court a Notice of Intent to Appear no later than twenty (20) days before the Final Approval Hearing, or as the Court may otherwise direct.
10.4 The Upon Court order, the Parties will request that have the Court enter an order providing that the filing of an objection allows Co-Lead Class Counsel or FCA US’s Counsel right to notice such objecting person for, obtain document discovery from and take his, her, or its, deposition consistent with the Federal Rules depositions of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are Objecting Class Member on topics potentially relevant to the objection. Failure by an objector to make himself/herself/itself available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous or made for improper purposetheir Objection.
10.5 The Parties, either individually or jointly, may, but are not required to respond in writing to any Objection. Any objector who seeks a fee such written responses shall be due the same day as the Motion for their objection shall do so Final Approval, or as prescribed under Federal Rule of Civil Procedure 23(e)(5)(B)otherwise ordered by the Court.
10.6 These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member’s objection to the Settlement, in accordance with the due process rights of all Class Members.
10.7 Any Class Member who fails to file comply with the provisions of this Section shall waive and timely serve a written objection containing forfeit any and all of the information listed in paragraphs 10.2 and 10.3 above, including notice of his/her intent rights he or she may have to appear at the Final Approval Hearing, shall not be permitted separately in this Action and/or to object to the Settlement and shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by any means, including but not limited to an appealSettlement.
10.8 The Parties shall promptly inform the Court of any consideration sought by an objector and the circumstances of such a request.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Objections. 10.1 9.1 The Parties will request that the Court enter an order requiring any Class Member who wishes to enter an objection object to be considered, the Settlement to submit a written notice of objection to the Settlement Administrator by the deadline set in the Court’s Preliminary Approval Order.Settlement
10.2 9.2 To state a valid objection to the Settlement, an objecting Class Member must provide the following information in his, her, or its written objection: (i) the case name and number, ▇▇▇▇▇ ▇▇▇▇, ▇ et al. v. FCA US US, LLC, Case No. 204:21-cv-11054 cv-11696 (E.D. ▇▇▇▇.Mich); (ii) his/her/its their full name, current address, and current telephone number; (iii) the model year and VIN of his/her/its their Class Vehicle(s); (iv) a statement of the objection(s), including all factual and legal grounds for the position; (v) copies of any documents the objector wishes to submit in support; (vi) the name and address of the attorney(s), if any, who is representing represent the objecting Class Member in making the objection or who may be entitled to compensation in connection with the objection; (vii) a statement of whether the Class Member objecting intends to appear at the Final Approval Hearing, either with or without counsel; (viii) the identity of all counsel (if any) who will appear on behalf of the Class Member objecting at the Final Approval Hearing and all persons (if any) who will be called to testify in support of the objection; (ix) the signature of the Class Member objecting, in addition to the signature of any attorney representing the Class Member objecting in connection with the objection, and (x) the date of the objection. In addition, any Class Member objecting to the Settlement shall will provide a list of any other objections submitted by the objector, them or the objector’s counsel, their counsel to any class action settlements submitted in any court in the United States in the previous five years. If the Class Member or his or her their counsel has have not made any such prior objection, the Class Member shall will affirmatively so state in the written materials provided with the objection.
10.3 9.3 If the objecting Class Member intends to appear, in person or by counsel, at the Final Approval Hearing, the objecting Class Member must so state in the objection. Any Class Member who does not state his or her their intention to appear in accordance with the applicable deadlines and other specifications, or who has not filed an objection in accordance with the applicable deadlines and other specifications, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearing.
10.4 9.4 The Parties will request that the Court enter an order providing that the filing of an objection allows Co-Lead Class Counsel or FCA US’s Counsel to notice such US and take the objecting person for, and take his, her, or its, deposition consistent with the Federal Rules of Civil Procedure at an agreed-upon location, location and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make himself/herself/itself themselves available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector’s counsel o should the Court determine that the objection is frivolous or made for an improper purpose.
10.5 9.5 Any objector who seeks a fee for their objection shall will do so as prescribed under Federal Rule of Civil Procedure 23(e)(5)(B). The Parties will promptly inform the Court of any consideration sought by an objector and the circumstances of such a request.
10.6 9.6 These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member’s objection to the Settlement, in accordance with the due process rights of all Class Members.
10.7 9.7 Any Class Member who fails to file and timely serve a written objection containing all of the information listed in paragraphs 10.2 and 10.3 above, including notice of his/her their intent to appear at the Final Approval Hearing, shall will not be permitted to object to the Settlement and shall will be foreclosed from seeking any review by any means of the Settlement or the terms of the Settlement Agreement by any meansits terms, including but not limited to an appeal.
10.8 The Parties shall promptly inform the Court of any consideration sought by an objector and the circumstances of such a request.
Appears in 1 contract
Sources: Settlement Agreement
Objections. 10.1 The Parties will request that Any Class Member may object to the fairness of the Settlement and may do so in writing and/or by appearing at the Final Approval Hearing. Class Members who wish to timely object in writing must, on or before the Objection Deadline, file a written objection with the Court enter an order requiring any Class Member who wishes to enter an or mail the written objection to be consideredthe Class Administrator, which shall provide all objections to submit a written notice of Class Counsel to file with the Court. .
10.2 Any objection to the Settlement Administrator by the deadline set in the Court’s Preliminary Approval Order.
10.2 To state a valid objection to the Settlement, an objecting Class Member must provide the following information in his, her, or its written objectionshould include: (ia) a caption or title that clearly identifies the Action and that the document is an objection; (b) the case name and objector’s name, address, telephone number, ▇▇▇▇▇ ▇▇▇▇email or, et al. v. FCA US LLCif represented by counsel, No. 20-cv-11054 (E.D. ▇▇▇▇.)the name, address, telephone number and email of his or her counsel; (iic) his/her/its full name, current address, and current telephone numberinformation sufficient to establish the objector’s standing as a Class Member; (iii) the model year and VIN of his/her/its Class Vehicle(s); (ivd) a statement of the objection(s), including all factual and legal grounds for the position; (v) copies of any documents indicating whether the objector wishes to submit in support; (vi) the name and address of the attorney(s), if any, who is representing the objecting Class Member in making the objection or who may be entitled to compensation in connection with the objection; (vii) a statement of whether the Class Member objecting intends to appear at the Final Approval Hearing, either with in person or without through counsel; (viiie) the identity of all counsel (if any) who will appear on behalf a statement of the Class Member objecting at objection and the Final Approval Hearing and all persons (if any) who will be called to testify in support of grounds supporting the objection, including any facts and/or law supporting the objection; (ixf) copies of any papers, briefs, or other documents upon which the objection is based; (g) the signature of name and case number for all actions in which the Class Member objecting, objector has objected to a class action settlement in addition to the signature of any attorney representing the Class Member objecting in connection with the objection, past five (5) years; and (xh) date the objection. In addition, any Class Member objecting to the Settlement shall provide a list of any other objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any court in signature (the United States in the previous five years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member shall affirmatively so state in the written materials provided with the objection“Objection”).
10.3 If the objecting Any Class Member intends to appear, in person or by counsel, may appear and be heard at the Final Approval Hearing, either directly or through counsel hired at the objecting Class Member must so state in the objection. Any Class Member who does not state his or her intention to appear in accordance with the applicable deadlines and other specifications, or who has not filed an objection in accordance with the applicable deadlines and other specifications, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval HearingMember’s own expense.
10.4 The Upon Court order, the Parties will request that have the Court enter an order providing that the filing of an objection allows Co-Lead Class Counsel or FCA US’s Counsel right to notice such objecting person for, obtain document discovery from and take his, her, or its, deposition consistent with the Federal Rules depositions of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are Objecting Class Member on topics potentially relevant to the objection. Failure by an objector to make himself/herself/itself available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous or made for improper purposetheir Objection.
10.5 The Parties, either individually or jointly, may, but are not required to respond in writing to any Objection. Any objector who seeks a fee such written responses shall be due the same day as the Motion for their objection shall do so Final Approval, or as prescribed under Federal Rule of Civil Procedure 23(e)(5)(B)otherwise ordered by the Court.
10.6 These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member’s objection to the Settlement, in accordance with the due process rights of all Class Members.
10.7 Any Class Member who fails to file comply with the provisions of this Section shall waive and timely serve a written objection containing forfeit any and all of the information listed in paragraphs 10.2 and 10.3 above, including notice of his/her intent rights he or she may have to appear at the Final Approval Hearing, shall not be permitted separately in this Action and/or to object to the Settlement and shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by any means, including but not limited to an appealSettlement.
10.8 The Parties shall promptly inform the Court of any consideration sought by an objector and the circumstances of such a request.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Objections. 10.1 86. The Parties will request Notices shall advise Settlement Class Members of their rights, including the right to be excluded from or object to the Settlement Agreement and its terms. The Notices shall specify that any objection to this Settlement Agreement, and any papers submitted in support of said objection, shall be received by the Court enter an order requiring any Class Member who wishes to enter at the Final Approval Hearing only if, on or before the Objection/Exclusion Deadline approved by the Court, the person making an objection shall file notice of his/her intention to be considered, do so and at the same time: (i) file copies of such papers he/she proposes to submit a written notice at the Final Approval Hearing with the Clerk of the Court; and (ii) send copies of such papers via United States mail, hand delivery, or overnight delivery to Class Counsel, Defendant Inpax’s Counsel, and Defendant Amazon’s Counsel. A copy of the objection must also be mailed to the Settlement Administrator by at the deadline set in address that the Court’s Preliminary Approval OrderSettlement Administrator will establish to receive requests for exclusion or objections, Claim Forms, and any other communication relating to this Settlement.
10.2 To state a valid objection to the Settlement, an objecting 87. Any Settlement Class Member who intends to object to this Settlement must provide the following information include in his, her, or its written any such objection: (i) the case name and number, ▇▇▇▇▇ ▇▇▇▇, et al. v. FCA US LLC, No. 20-cv-11054 (E.D. ▇▇▇▇.); (ii) his/her/its her full name, current address, email address, and current telephone number; (ii) the case name and number of the Litigation; (iii) all grounds for the model year objection, with factual and VIN of his/her/its Class Vehicle(s)legal support for the stated objection, including any supporting materials; (iv) a statement the identification of any other objections he/she has filed, or has had filed on his/her behalf, in any other class action cases in the objection(s), including all factual last four years; and legal grounds for the position; (v) copies of any documents the objector wishes to submit in support; (vi) objector’s signature. If represented by counsel, the objecting Settlement Class Member must also provide the name and address telephone number of the attorney(s), if any, who is representing his/her counsel. If the objecting Settlement Class Member in making the objection or who may be entitled to compensation in connection with the objection; (vii) a statement of whether the Class Member objecting intends to appear at the Final Approval Hearing, either with or without counsel; (viii) , he/she must state as such in the identity of all counsel (if any) who will appear on behalf of the Class Member objecting written objection, and must also identify any witnesses he/she may call to testify at the Final Approval Hearing and all persons (if any) who will be called to testify in support of the objection; (ix) the signature of the Class Member objecting, in addition to the signature of any attorney representing the Class Member objecting in connection with the objection, and (x) date the objection. In addition, any Class Member objecting to the Settlement shall provide a list of any other objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any court in the United States in the previous five years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member shall affirmatively so state in the written materials provided with the objection.
10.3 If the objecting Class Member exhibits he/she intends to appear, in person or by counsel, introduce into evidence at the Final Approval Hearing, which must also be attached to, or included with, the objecting Class Member must so state in the written objection.
88. Any Class Member who does not state his or her intention to appear in accordance with the applicable deadlines and other specifications, or who has not filed an objection in accordance with the applicable deadlines and other specifications, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearing.
10.4 The Parties will request that the Court enter an order providing that the filing of an objection allows Co-Lead Class Counsel or FCA US’s Counsel to notice such objecting person for, and take his, her, or its, deposition consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make himself/herself/itself available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous or made for improper purpose.
10.5 Any objector who seeks a fee for their objection shall do so as prescribed under Federal Rule of Civil Procedure 23(e)(5)(B).
10.6 These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member’s objection to the Settlement, in accordance with the due process rights of all Class Members.
10.7 Any Class Member who fails to timely file and timely serve a written objection containing all of the information listed in paragraphs 10.2 and 10.3 above, including notice of his/her intent to appear at the Final Approval HearingHearing pursuant to this Agreement, shall not be permitted to object to the approval of the Settlement at the Final Approval Hearing and shall be foreclosed from seeking any review of the Settlement or the terms of the Agreement by appeal or other means.
89. Settlement Class Members cannot both object to and exclude themselves from this Settlement Agreement. Any Settlement Class Member who attempts to both object to and exclude themselves from this Settlement Agreement by will be deemed to have excluded themselves and will forfeit the right to object to this Settlement Agreement or any meansof its terms. If a Settlement Class Member returns both a Claim Form and a written request for exclusion, including but not limited to an appeal.
10.8 The Parties the request for exclusion shall promptly inform the Court be deemed void and of any consideration sought by an objector no force and effect, and the circumstances Claim Form shall be processed under the terms of such a requestthis Settlement Agreement.
Appears in 1 contract
Sources: Settlement Agreement
Objections. 10.1 The Parties will request that Subject to the Court enter an order requiring terms of this Agreement, Class Counsel, in consultation with counsel for Defendant, shall administer (or oversee the administration of) the receipt of any and all requests for exclusion from the Settlement Classes and/or or objections to the Settlement. Any Settlement Class Member who wishes intends to enter an object to the settlement, including the terms or any component thereof, must both: (1) mail any such objection to be considered, to submit a written notice or file any such objection with the Court on or before the ninetieth (90th) day after the date of objection to entry of the Settlement Administrator by the deadline set in the Court’s Preliminary Approval Order.
10.2 To state , unless otherwise ordered by the Court; and (2) provide a valid copy of the objection to the Settlement, an objecting Class Member must provide the following information in his, her, or its written objectioneach of: (i) the case name Claims Administrator; (ii) ▇▇▇▇▇▇▇▇▇ Law Group, APC c/o ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ and number▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Suite D1, Costa Mesa, CA 92626; and (iii) ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇, P.C. c/o ▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇. ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, et al. v. FCA US LLC, No. 20-cv-11054 (E.D. ▇▇▇ ▇▇▇▇.); (ii) ▇▇▇▇▇, ▇▇ ▇▇▇▇▇. Any objector to the settlement must sign the objection and provide his/her/its full name, current address, and current telephone number, as well as their claim identification number included in the Notice or the address in which the Form Letter from Defendant was received, and state in writing all objections, and the reasons for such objections. Any Settlement Class Member who wishes to appear in person to present evidence or argument in support of the objection at the Final Approval Hearing must provide notice to that effect in its notice of objection subject to Section III(L)(i) below and identify any counsel in which they are represented by with regard to the objection.
i. A Settlement Class Member or his/her/its attorney intending to make an appearance at the Final Approval Hearing must: (a) file a notice of appearance with the Court no later than ten (10) days prior to the Final Approval Hearing, or as the Court may otherwise direct; and (iiib) serve a copy of such notice of appearance on all counsel for all Settling Parties. For any attorney representing an objector, the model year attorney shall file a declaration listing all objections previously filed for anyone, the case name, court, and VIN case number, and how much, if any amount, was paid in connection with the objection. Any Settlement Class Member who fails to timely file a written objection with the Court and notice of his/her/its Class Vehicle(s); (iv) a statement of the objection(s), including all factual and legal grounds for the position; (v) copies of any documents the objector wishes to submit in support; (vi) the name and address of the attorney(s), if any, who is representing the objecting Class Member in making the objection or who may be entitled to compensation in connection with the objection; (vii) a statement of whether the Class Member objecting intends to appear at the Final Approval Hearing, either with or without counsel; (viii) the identity of all counsel (if any) who will appear on behalf of the Class Member objecting at the Final Approval Hearing and all persons (if any) who will be called to testify in support of the objection; (ix) the signature of the Class Member objecting, in addition to the signature of any attorney representing the Class Member objecting in connection with the objection, and (x) date the objection. In addition, any Class Member objecting to the Settlement shall provide a list of any other objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any court in the United States in the previous five years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member shall affirmatively so state in the written materials provided with the objection.
10.3 If the objecting Class Member intends to appear, in person or by counsel, at the Final Approval Hearing, the objecting Class Member must so state in the objection. Any Class Member who does not state his or her intention to appear in accordance with the applicable deadlines and other specifications, or who has not filed an objection in accordance with the applicable deadlines and other specifications, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearing.
10.4 The Parties will request that the Court enter an order providing that the filing of an objection allows Co-Lead Class Counsel or FCA US’s Counsel to notice such objecting person for, and take his, her, or its, deposition consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make himself/herself/itself available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous or made for improper purpose.
10.5 Any objector who seeks a fee for their objection shall do so as prescribed under Federal Rule of Civil Procedure 23(e)(5)(B).
10.6 These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member’s objection to the Settlement, in accordance with the due process rights of all Class Members.
10.7 Any Class Member who fails to file and timely serve a written objection containing all of the information listed in paragraphs 10.2 and 10.3 above, including notice of his/her intent to appear at the Final Approval HearingHearing in accordance with the terms of this Agreement and as detailed in the Notice, and at the same time provide copies to designated counsel for the Settling Parties, shall not be permitted to object to this Settlement Agreement at the Settlement and Final Approval Hearing, shall be foreclosed from seeking any review of this Agreement by appeal or other means, and shall be deemed to have waived his/her/its objections and be barred from making any such objections in the Action or any other action or proceeding.
ii. The Settling Parties agree that, subject to Court approval, any Settlement Class Member who does not file a timely written objection to the settlement shall be foreclosed from seeking review of the Settlement by appeal or otherwise. The Settling Parties agree that, subject to Court approval, any Settlement Class Member who does not file a timely written request for exclusion from the Settlement Class shall be bound by the terms of the Settlement Agreement by any meansthis Agreement, including specifically, but not limited to an appealto, the Releases set forth in Section III(M) hereof.
10.8 The Parties shall promptly inform the Court of any consideration sought by an objector and the circumstances of such a request.
Appears in 1 contract
Sources: Settlement Agreement
Objections. 10.1 1. The Parties will request that the Court enter an order requiring any Class Member who wishes to enter an objection to be considered, to submit a written notice of objection to the Settlement Administrator HMA that is received by the deadline set in the Court’s Preliminary Approval Order.
10.2 2. To state a valid objection to the Settlementsettlement, an objecting Class Member must provide the following information in his, her, or its written objection: objection (submitted by U.S. mail or email): (i) the case name and number, ▇▇▇▇▇ ▇▇▇▇, et al. v. FCA US LLC, No. 20-cv-11054 (E.D. ▇▇▇▇.); (ii) his/her/its full name, current address, and current telephone number; (iiiii) the model year and VIN of his/her/its Class Vehicle(s); (iviii) a statement of the objection(s), including all factual and legal grounds for the position; (viv) copies of any documents the objector wishes to submit in support; (vi) the name and address of the attorney(s), if any, who is representing the objecting Class Member in making the objection or who may be entitled to compensation in connection with the objection; (vii) a statement of whether the Class Member objecting intends to appear at the Final Approval Hearing, either with or without counsel; (viii) the identity of all counsel (if any) who will appear on behalf of the Class Member objecting at the Final Approval Hearing and all persons (if any) who will be called to testify in support of the objection; (ix) the signature of the Class Member objecting, in addition to the signature of any attorney representing the Class Member objecting in connection with the objection, and (xv) sign and date the objection. In addition, any Class Member objecting to the Settlement settlement shall provide a list of any other objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any court in the United States in the previous five (5) years. If the Class Member member or his or her counsel has not made any such prior objection, the Class Member member shall affirmatively so state in the written materials provided with the objection.
10.3 3. If the objecting Class Member intends to appear, in person or by counsel, at the Final Approval Hearingfinal approval hearing, the objecting Class Member must so state in the objection. Any Class Member who does not state his or her intention to appear in accordance with the applicable deadlines and other specifications, or who has not filed an objection in accordance with the applicable deadlines and other specifications, will be deemed to have waived any objections to the Settlement settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearingfinal approval hearing.
10.4 4. The Parties will request that the Court enter an order providing that the filing of an objection allows Co-Lead Class Counsel or FCA US’s Counsel counsel for HMA to notice such objecting person for, for and take his, her, or its, its deposition consistent with the Federal Rules of Civil Procedure at an agreed-agreed- upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make himself/herself/itself itse lf available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous or made for improper purpose.
10.5 Any 5. If an objection to the settlement is raised, then overruled by the Court, and the objector who seeks files a fee notice of appeal, Class Counsel and/or counsel for their objection shall do so as prescribed under HMA reserve the right to file a motion pursuant to Federal Rule of Civil Appellate Procedure 23(e)(5)(B)7 to impose an appeal bond on the objector.
10.6 6. These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member’s objection to the Settlementsettlement, in accordance with the due process rights of all Class Members.
10.7 Any Class Member who fails to file and timely serve a written objection containing all of the information listed in paragraphs 10.2 and 10.3 above, including notice of his/her intent to appear at the Final Approval Hearing, shall not be permitted to object to the Settlement and shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by any means, including but not limited to an appeal.
10.8 The Parties shall promptly inform the Court of any consideration sought by an objector and the circumstances of such a request.
Appears in 1 contract
Sources: Settlement Agreement
Objections. 10.1 The Parties will request that Any Class Member, on his or her own, or through an attorney hired at his or her own expense, may object to the terms of the Settlement. Any such Objection must be filed with the Court enter an order requiring any and received by Class Member who wishes to enter an objection to be consideredCounsel, to submit a written notice of objection to Defendants’ counsel, and the Settlement Administrator by no later than the deadline set Objection Deadline. To be effective, any such Objection must be in writing and include the Court’s Preliminary Approval Order.contents described below:
10.2 To state a valid objection (a) A reference at the beginning to the Settlementthis case, an objecting Class Member must provide the following information in his;
(b) The name, heraddress, or its written objection: (i) the case name and telephone number, ▇▇▇▇▇ ▇▇▇▇and, et al. v. FCA US LLCif available, No. 20-cv-11054 (E.D. ▇▇▇▇.); (ii) his/her/its full name, current addressthe email address of the Person objecting, and current telephone number; (iii) the model year and VIN if represented by counsel, of his/her/its Class Vehicle(s); her counsel;
(ivc) a A written statement of the objection(s), including all factual and legal grounds for the position; Objection, accompanied by any legal support for such Objection;
(vd) copies of any documents the objector wishes to submit in support; (vi) the name and address of the attorney(s), if any, who is representing the objecting Class Member in making the objection or who may be entitled to compensation in connection with the objection; (vii) a statement of whether the Class Member objecting Whether he/she intends to appear at the Final Approval Hearing, either with or without counsel; ;
(viiie) the identity A statement of all counsel (if any) who will appear on behalf of the Class Member objecting at the Final Approval Hearing and all persons (if any) who will be called to testify his/her membership in support of the objection; (ix) the signature of the Class Member objecting, in addition to the signature of any attorney representing the Class Member objecting in connection with the objection, and (x) date the objection. In addition, any Class Member objecting to the Settlement shall provide a Class, including all information required by the Claim Form;
(f) A detailed list of any other objections submitted by the objectorClass Member, or the objector’s his/her counsel, to any class actions submitted in any court, whether state or otherwise, in the United States in the previous five (5) years. If the Class Member or his/her counsel has not objected to any other class action settlements submitted settlement in any court in the United States in the previous five (5) years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member he/she shall affirmatively state so state in the written materials provided in connection with the objection.Objection to this Settlement; and
10.3 If (g) The objector’s signature and the objecting Class Member intends to appear, in person or by counsel, at the Final Approval Hearing, the objecting Class Member must so state in the objection. Any Class Member who does not state his or her intention to appear in accordance with the applicable deadlines and other specifications, or who has not filed an objection in accordance with the applicable deadlines and other specifications, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearing.
10.4 The Parties will request that the Court enter an order providing that the filing signature of an objection allows Co-Lead Class Counsel or FCA US’s Counsel to notice such objecting person for, and take his, her, or its, deposition consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make himself/herself/itself available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous duly authorized attorney or made for improper purpose.
10.5 Any objector who seeks a fee for their objection shall do so as prescribed under Federal Rule of Civil Procedure 23(e)(5)(Bother duly authorized representative (along with documentation setting forth such representation).
10.6 These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member’s objection to the Settlement, in accordance with the due process rights of all Class Members.
10.7 . Any Class Member who fails to timely file and timely serve a written objection Objection containing all of the information listed in paragraphs 10.2 and 10.3 abovethe items (a) through (g) of the previous paragraph, including notice of his/her intent to appear at the Final Approval Hearing, shall not be permitted to object to the Settlement and shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by any means, including including, but not limited to, an appeal. Any Class Member who submits a timely written Objection shall consent to deposition at the request of Class Counsel or Defendants’ counsel, to occur at least five (5) days prior to the Final Approval Hearing. If any Objection is received by the Settlement Administrator, the Settlement Administrator shall forward the Objection and all supporting documentation to counsel for the Parties. The failure of the Class Member to comply with the filing requirements of Section 7.3 shall be grounds for striking and/or overruling the Objection, even if the Objection is submitted to the Settlement Administrator. A Class Member who objects to the settlement may also submit a Claim Form on or before the Claim Form Deadline, which shall be processed in the same way as all other Claim Forms. A Class Member shall not be entitled to an appealextension to the Claim Form Deadline merely because the Class Member has also submitted an objection.
10.8 The Parties shall promptly inform the Court of any consideration sought by an objector and the circumstances of such a request.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Objections. 10.1 The Parties will request that the Court enter an order requiring any 22. Any Settlement Class Member who does not properly and timely submit an opt-out request and who wishes to enter an objection object to be consideredthe fairness, reasonableness, or adequacy of the Agreement or the proposed Settlement or who wishes to submit object to the Attorneys’ Fee Award or Service Award must file with the Court and serve on Class Counsel and Checkers’ Counsel, postmarked no later than the Opt-Out and Objection Date, a written notice statement of the objection to signed by the Settlement Administrator by the deadline set in the Court’s Preliminary Approval Order.
10.2 To state a valid objection to the Settlement, an objecting Class Member must provide containing all of the following information in information:
a) The name, address, telephone number of the Person objecting and, if represented by counsel, of his, her, or its written objection: (i/her counsel with counsel’s contract information;
b) the The case name and number;
c) A signed declaration stating that he or she is a member of the Settlement Class and that he or she received one or more text messages sent by or on behalf of Checkers, ▇▇▇▇▇ ▇▇▇▇, et al. v. FCA US LLC, No. 20-cv-11054 (E.D. ▇▇▇▇.); (iialong with his or her cellular telephone number(s) his/her/its full name, current address, and current telephone number; (iiitexted by Checkers;
d) the model year and VIN of his/her/its Class Vehicle(s); (iv) a A statement of all objections to the objection(s), including all Settlement with the specific factual and legal grounds basis for the position; (v) copies of any documents the objector wishes to submit in support; (vi) the name and address of the attorney(s), if any, who is representing the objecting Class Member in making the objection or who may be entitled to compensation in connection with the each objection; (viiand
e) a A statement of whether the Class Member objecting he or she intends to appear at the Final Approval Fairness Hearing, either with or without counsel; (viii) , and if with counsel, the identity name of all his or her counsel (if any) who will appear on behalf of the Class Member objecting at the Final Approval Hearing and all persons (if anyattend.
f) who will be called to testify in support of the objection; (ix) the signature of the Class Member objecting, in addition to the signature of any attorney representing the Class Member objecting in connection with the objection, and (x) date the objection. In addition, any Class Member objecting to the Settlement shall provide a A list of any other objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted filed in any court in for the United States in the previous past five (5) years. ;
g) If the Class Member he or his or her counsel has not made any such prior objection, the Class Member shall affirmatively so state in the written materials provided with the objection.
10.3 If the objecting Class Member intends to appear, in person or she is represented by counsel, at a list of objections filed by that counsel in any court for the Final Approval Hearing, the objecting Class Member must so state in the objection. past (5) years;
h) Any Class Member who does not state his or her intention to appear in accordance with the applicable deadlines and other specifications, or who has not filed an objection in accordance with the applicable deadlines and other specifications, will be deemed to have waived any objections all agreements that relate to the Settlement and can be barred from speaking objection or otherwise presenting any views at the Final Approval Hearing.
10.4 The Parties will request that the Court enter an order providing that the filing process of an objection allows Co-Lead Class Counsel objecting— whether written or FCA US’s Counsel to notice such objecting person for, and take his, her, or its, deposition consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make himself/herself/itself available for a deposition or comply with expedited discovery requests may result in the Court striking the objection and otherwise denying that person the opportunity to be heard. The Court may tax the costs of any such discovery to the oral—between objector or the objector’s counsel should and any other person or entity; and
i) Any objection must be personally signed by the Court determine that the objection is frivolous Settlement Class Member. Class or made for improper purposegroup objections shall be prohibited.
10.5 23. Any objector who seeks a fee for their objection shall do so as prescribed under Federal Rule member of Civil Procedure 23(e)(5)(B).
10.6 These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Settlement Class Member’s objection to the Settlement, in accordance with the due process rights of all Class Members.
10.7 Any Class Member who fails to file and timely serve a timely written objection containing all of the information listed in paragraphs 10.2 and 10.3 above, including notice of his/his or her intent to appear at the Final Approval Hearing, Fairness Hearing pursuant to this Paragraph (Paragraph 23) and as detailed in the Class Notice shall not be permitted to object to the approval of the Settlement or the Agreement at the Fairness Hearing and shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by any appeal or other means, including but not limited to an appeal.
10.8 24. Any objections must be appropriately filed with the Court no later than the Opt-Out and Objection Date, or alternatively they must be mailed to the Court at the address below and postmarked no later than the Opt-Out/Objection Deadline. Clerk of Court United States District Court for the Southern District of Florida ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Miami, Florida 33128 Attention: “Medgebow v. Checkers Drive-In Restaurants Inc., Case No. 9:19-cv-80090- Bloom A copy of the objection, postmarked no later than the Opt-Out and Objection Date, must also be mailed to Class Counsel and Counsel for Checkers at their designated addresses.
25. No person shall be heard and no paper or brief submitted by any objector shall be received or considered by the Court unless such person has filed with the Clerk of Court and timely mailed to Counsel, as provided above, the concise written statement of objections as described above, together with copies of any supporting materials, papers or briefs. The Parties shall promptly inform have the right to take discovery (including written discovery and depositions) from any Settlement Class Member that objects to the Settlement without further leave of court. If the Settlement Class Member that objects to the Settlement is represented by counsel, the Parties shall also have the right to take discovery from the Settlement Class Member’s counsel without further leave of court
26. Any Settlement Class Member who does not file a written objection in the time and manner described above shall be: (a) deemed to have waived and forfeited any objections to the proposed Settlement; (b) foreclosed from raising any objection to the proposed Settlement at the Fairness Hearing; (c) bound by all of the terms of the Agreement and by all proceedings, orders and judgments by the Court; and (d) foreclosed from seeking any adjudication or review of the Settlement by appeal or otherwise.
27. Any objecting Settlement Class Member who intends to appear at the Fairness Hearing, either with or without counsel, must also file a notice of intention to appear with the Court postmarked no later than the Opt-Out/Objection Deadline, which notice shall be filed with, or mailed to, the Clerk of any consideration sought by an objector the Court, with copy to Class Counsel and Counsel for Checkers, as set forth above.
a. The Notice of Intention to Appear must include: (a) the circumstances of such a request.case name and number;
Appears in 1 contract
Sources: Settlement Agreement