Common use of Procedure for Objecting Clause in Contracts

Procedure for Objecting. The Notice shall provide that Settlement Class Members who wish to submit written objections to the Settlement must mail or email them to the Settlement Administrator on or before 60 days from the date Notice is mailed. The 60th day after the Notice is mailed is considered the Objection/Exclusion Deadline. The date of the postmark on the return mailing envelope or the timestamp on the electronic submission shall be the exclusive means used to determine whether an objection has been timely submitted. To object to the Settlement Agreement or any terms of it, the person making the objection must be a member of the Settlement Class and must not have requested to be excluded from the Settlement. The notice of objection must state the case name and number; the basis for and an explanation of the objection, including any supporting materials; the name, address, telephone number, and email address of the Settlement Class Member making the objection; a list of any other objections filed by or on behalf of the Settlement Class Member in any other class action cases; a statement of whether he or she is represented by counsel and, if so, the name, address, and telephone number of his or her counsel and a list of all objections filed by that counsel in any other class action cases; a statement of whether the Settlement Class member intends to appear at the Final Approval Hearing with or without counsel; and a statement of whether the Settlement Class Member has received any payment in exchange for his or her making the objection. In addition, any objection must be personally signed by the Settlement Class Member. So- shall not be allowed. Any objection that does not meet the requirements of this paragraph shall not be considered by the Court, unless otherwise ordered by the Court. Subject to approval of the Court, any objecting Settlement Class Member may appear in person or by counsel at the Final Approval hearing held by the Court to show cause why the Settlement should not be approved as fair, reasonable, and adequate, or to object to any petitions for attorney fees, reimbursement of reasonable litigation costs and expenses, and service award. If any objecting Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, he/she must state as such in the written objection and must also identify any witnesses he/she may seek to call to testify at the Final Approval Hearing and all exhibits he/she intends to seek to introduce into evidence at the Final Approval Hearing, which must also be attached to, or included with, the written objection. Any Settlement Class Member who fails to timely file and serve a written objection pursuant to this Settlement Agreement shall not be permitted to object to the approval of the Settlement, shall be deemed to have waived any objections, and shall be foreclosed from seeking any review of the Settlement Agreement or its terms by appeal or other means.

Procedure for Objecting. The Short Form Class Notice shall state the Opt- Out/Objection Deadline Date and refer recipients to the Settlement Website for additional information. The Long Form Class Notice shall provide that those individuals or entities within the Settlement Class Members who wish to submit written objections object to the Settlement must mail or email them a written statement of objection (“Notice of Objection”) to the Settlement Administrator on or before 60 days from no later than the date Notice is mailedOpt-Out/Objection Deadline Date. The 60th day after the Notice is mailed is considered the Objection/Exclusion Deadline. The postmark date of the postmark on the return mailing envelope or the timestamp on the electronic submission shall be deemed the exclusive means used to determine whether an objection has been timely submitted. To object to the Settlement Agreement or any terms for determining that a Notice of it, the person making the objection must be a member of the Settlement Class and must not have requested to be excluded from the SettlementObjection is timely. The notice Notice of objection Objection must state identify the case name and number; the basis for and an explanation of the objection, including any supporting materials; the objector’s full business name, address, telephone number, and email address the last four digits of the Settlement Class Member making objector’s tax ID; the objection; a list of any other objections filed by or on behalf of the Settlement Class Member in any other class action casescase name and number; a statement of whether he or she is represented by counsel and, if so, the name, address, and telephone number of his or her counsel and a list of all objector’s basis for any objections filed by that counsel in any other class action casesto the Parties’ Settlement; a statement of advising whether the Settlement Class member intends objector plans to appear address the Court at the Final Approval Hearing with and any legal briefs, papers or without memoranda the objector proposes to submit to the Court; and, if the objector is represented by counsel; , the name and a statement address of whether the Settlement Class Member has received any payment in exchange for his or her making counsel. The Settlement Administrator shall promptly forward to Class Counsel and Defendants’ Counsel complete copies of all objections received, including the postmark dates for each objection. In addition, any objection must be personally signed by the Settlement Class Member. So- shall not be allowed. Any objection that does not meet the requirements of this paragraph shall not be considered by the Court, unless otherwise ordered by the Court. Subject to approval of the Court, any objecting Settlement Class Member objector may appear in person or by counsel at the Final Approval hearing held by the Court to show cause why the Settlement should not be approved as fair, reasonable, and adequate, or to object to any petitions for attorney fees, reimbursement of reasonable litigation costs and expenses, and service award. If any objecting Settlement Class Member intends to also appear at the Final Approval Hearing, either with in person, or without counselvirtually if available and authorized by the Court, he/she must state as or through an attorney retained at his or her own expense, but such appearance shall not be a prerequisite to the Court’s consideration of any timely-filed objection. Individuals or entities who submit objections may withdraw their objections at any time. Individuals or entities who submit objections shall remain part of the Class and be bound by the release provisions in this Agreement or the written objection and must also identify applicable release provisions in any witnesses he/she may order granting Final Approval. At no time will any of the Parties or their counsel seek to call solicit or otherwise encourage members of the Settlement Class to testify at submit written objections to the Settlement or appeal from the Final Approval Hearing Order and all exhibits he/she intends to seek to introduce into evidence at Judgment. Class Counsel will not represent any members of the Final Approval Hearing, which must also be attached to, or included with, the written objection. Any Settlement Class Member who fails with respect to timely file and serve a written objection pursuant any such objections to this Settlement Agreement Settlement. The Parties shall not be permitted to object to the approval of the Settlementresponsible for any fees, shall be deemed to have waived costs, or expenses incurred by any objections, and shall be foreclosed from seeking any review member of the Settlement Agreement Class and/or his or its terms by appeal or other meansher counsel related to any objections to the Settlement.