Common use of Procedures for Objecting to the Settlement Clause in Contracts

Procedures for Objecting to the Settlement. 11.1 Settlement Class Members shall have the right to appear and show cause if they have any reason why the terms of this Agreement should not be given final approval, subject to each of the sub-provisions contained in this section. Any objection to this Settlement Agreement, including any of its terms or provisions, must be in writing and mailed to Class Counsel, Defense Counsel, and the Clerk of the Court at the addresses set forth in the Class Notice, postmarked no later than the Objection Deadline. Settlement Class Members may object either on their own or through an attorney hired at their own expense. 11.2 Any objection regarding or related to the Agreement shall contain a caption objector’s name, address, and telephone number; (ii) the name, address, and telephone number of any attorney for the objector or any other person otherwise assisting the objector or who otherwise stands to potentially benefit financially with respect to such objection; (iii) the factual basis and legal grounds for the objection, including any documents sufficient to establish the basis for his or her standing as a Settlement Class Member, including the date(s) and telephone number(s) at which he or she received one or more telephone call(s) covered by this Settlement; and (iv) identification of the case name, case number, and court for any prior class action lawsuit in which the objector and/or the objector’s attorney or any other person assisting with such objection (if applicable) has objected to a proposed class action settlement in the past five (5) years. If an objecting party chooses to appear at the Final Approval Hearing, then by no later than the Objection Deadline, a notice of intention to appear, either in person or through an attorney, shall be filed with the Court and list the name, address, and telephone number of the person and/or any attorney who will appear. 11.3 A Settlement Class Member who appears at the Final Approval Hearing, either personally or through counsel, may be permitted to argue only those matters that were set forth in the timely and validly submitted written objection filed by such Settlement Class Member. No Settlement Class Member shall be permitted to raise matters at the Final Approval Hearing that the Settlement Class Member could have, but failed to, raise in his/her written objection, and all objections to the Settlement Agreement that are not set forth in a timely and validly submitted written objection will be deemed waived. 11.4 If a Settlement Class Member wishes to present witnesses or evidence at the Final Approval Hearing in support of a timely and validly submitted objection, all witnesses must be identified in the objection, and true and correct copies of all supporting evidence must be appended to, or filed and served with, the objection. Failure to identify witnesses or provide copies of supporting evidence in this manner waives any right to introduce such testimony or evidence at the Final Approval Hearing. The Representative Plaintiff or Defendants or both may take discovery regarding any objector, their attorney (if applicable), and the basis of any objection, to the same extent that discovery could otherwise have been sought from a party to the Action. 11.5 Any Settlement Class Member who fails to comply with the applicable provisions of the preceding paragraphs concerning any objection that he or she may have shall waive and forfeit any and all rights he or she may have to object, appear, present witness testimony, and/or submit evidence, shall be barred from appearing, speaking, or introducing any testimony or evidence at the Final Approval Hearing, shall be precluded from seeking review of this Agreement by appeal or other means, and shall be bound by all the terms of this Agreement and by all proceedings, orders and judgments in the Litigation. By filing an objection, objectors and their counsel submit to the jurisdiction of the Court for all purposes, including but not limited to subpoenas and discovery.

Procedures for Objecting to the Settlement. 11.1 Settlement 9.2.1 Class Members shall have the right to appear and show cause cause, if they have any reason why the terms of this Agreement should not be given final approval, subject to each of the sub-provisions contained in this sectionparagraph. Any objection to this Settlement Agreement, including any of its terms or provisions, must be in writing writing, and mailed to Class Counselthe Settlement Administrator at Paradise Exteriors TCPA Settlement, Defense Counselc/o , and the Clerk of the Court at the addresses set forth in the Class Notice[Address], postmarked [City] [State], [Zip Code], by no later than the Objection Opt-Out Deadline. Settlement Class Members may object either on their own or through an attorney hired at their own expense. 11.2 9.2.2 Any objection regarding or related to the Agreement shall contain a caption or title that identifies it as “Objection to Class Settlement in ▇▇▇▇▇ v. Paradise Exteriors LLC,” and also shall contain the following information: (i) the objector’s name, address, and telephone number; (ii) the name, address, and telephone number of any attorney for the objector or any other person otherwise assisting the objector or who otherwise stands to potentially benefit financially with respect to such the objection; (iii) the factual basis and legal grounds for the objection, including any documents sufficient to establish the basis for his or her standing as a Settlement Class Member, including the date(s) and telephone phone number(s) at which he or she received one call(s) or more telephone call(stext(s) covered by this Settlement; and (iv) identification of the case name, case number, and court for any prior class action lawsuit in which the objector and/or and the objector’s attorney or any other person assisting with such objection (if applicable) has objected to a proposed class action settlement in the past five (5) yearssettlement. If an objecting party chooses to appear at the Final Approval Hearinghearing, then by no later than the Objection Opt-Out Deadline, a notice of intention to appear, either in person or through an attorney, shall must be filed with the Court and list the name, address, and telephone number of the person and/or any attorney and attorney, if any, who will appear. The objection must be mailed to the Settlement Administrator at Paradise Exteriors TCPA Settlement, c/o , [Address], [City] [State], [Zip Code], by no later than the Objection Deadline. 11.3 9.2.3 A Settlement Class Member who appears at the Final Approval Hearing, either personally or through counsel, may be permitted to argue only those matters that were set forth in the timely and validly submitted written objection filed by such Settlement Class Member. No Settlement Class Member shall be permitted to raise matters at the Final Approval Hearing that the Settlement Class Member could have, but failed to, raise have raised in his/her written objection, but failed to do so, and all objections to the Settlement Agreement that are not set forth in a timely and validly submitted written objection will be deemed waived. 11.4 9.2.4 If a Settlement Class Member wishes to present witnesses or evidence at the Final Approval Hearing in support of a timely and validly submitted objection, all witnesses must be identified in the objection, and true and correct copies of all supporting evidence must be appended to, or filed and served with, the objection. Failure to identify witnesses or provide copies of supporting evidence in this manner waives any right to introduce such testimony or evidence at the Final Approval Hearing. The Representative Plaintiff or Defendants Defendant or both may take discovery regarding any objector, their attorney (if applicable), and the basis of any objection, subject to the same extent that discovery could otherwise have been sought from a party to the ActionCourt approval. 11.5 9.2.5 Any Settlement Class Member who fails to comply with the applicable provisions of the preceding paragraphs concerning any their objection that he or she may have shall waive and forfeit any and all rights he or she may have to object, appear, present witness testimony, and/or submit evidence, shall be barred from appearing, speaking, or introducing any testimony or evidence at the Final Approval Hearing, shall be precluded from seeking review of this Agreement by appeal or other means, and shall be bound by all the terms of this Agreement and by all proceedings, orders and judgments in the Litigation. By filing an objection, objectors and their counsel submit to the jurisdiction of the Court for all purposes, including but not limited to subpoenas and discovery.

Procedures for Objecting to the Settlement. 11.1 Settlement 10.5.1. Class Members shall have the right to appear and show cause cause, if they have any reason why the terms of this Agreement should not be given final approvalFinal Approval, subject to each of the sub-provisions contained in this sectionParagraph 10.5. Any objection to this Settlement Agreement, including any of its terms or provisions, must be in writing and mailed to writing, filed with the Court, with a copy served on Class Counsel, Defense CounselCounsel for Defendant, and the Clerk of the Court Notice Administrator at the addresses set forth in the Class Notice, and postmarked no later than thirty (30) days prior to the Objection DeadlineFinal Approval Hearing Date. Settlement Class Members may object either on their own or through an attorney hired at their own expense. 11.2 10.5.2. If a Class Member hires an attorney to represent him or her at the Final Approval Hearing, he or she must do so at his or her own expense. No Class Member represented by an attorney shall be deemed to have objected to the Agreement unless an objection signed by the Class Member is also filed with the Court and served upon Class Counsel, Counsel for Defendant, and the Notice Administrator at the addresses set forth in the Class Notice thirty (30) days before the Final Approval Hearing. 10.5.3. Any objection regarding or related to the Agreement shall contain a caption objectoror title that identifies it as “Objection to Class Settlement in ▇▇▇▇▇ ▇. Similasan, No. 12-cv-00376 CAB” and also shall contain information sufficient to identify and contact the objecting Class Member (or his or her attorney, if any), as well as a clear and concise statement of the Class Member’s name, address, and telephone number; (ii) the name, address, and telephone number of any attorney for the objector or any other person otherwise assisting the objector or who otherwise stands to potentially benefit financially with respect to such objection; (iii) the factual basis and legal grounds for the objection, including any documents sufficient to establish the basis for his or her their standing as a Settlement Class Member, including i.e., verification under oath as to the approximate date(s) and telephone number(slocation(s) at which he or she received one or more telephone call(sof their purchase(s) covered by this Settlement; and (iv) identification of the case nameProducts, case numberthe facts supporting the objection, and court for any prior class action lawsuit in the legal grounds on which the objector and/or objection is based. Any objections not submitted to the objector’s attorney or any other person assisting with such objection Court at least thirty (if applicable30) has objected days prior to a proposed class action settlement in the past five (5) yearsFinal Approval Hearing are deemed waived. If an objecting party chooses to appear at the hearing, that objecting party must file with the Court, at least thirty (30) days before the Final Approval Hearing, then by no later than the Objection Deadline, a notice of intention intent to appear, either in person or through an attorney, shall be filed with the Court and which must list the name, address, and telephone number of the person and/or any attorney attorney, if any, who will appearappear on behalf of that objecting party. 11.3 A 10.5.4. Any Class Member who does not object to the Agreement, or who does not opt out in compliance with the opt out provision in Paragraph 10.7 below, is deemed to be a Class Member and bound by the Settlement Agreement or any further orders of the Court in this Litigation. 10.5.5. Any Settlement Class Member who appears at wishing to object to or to oppose the Final Approval Hearing, either personally or through counsel, may be permitted to argue only those matters that were set forth in approval of this Settlement and/or the timely Fee and validly submitted Cost Application shall file a written objection filed by such Settlement Class Member. No Settlement Class Member shall be permitted to raise matters (with a statement of reasons) with the Court and serve it on the Parties at least twenty-one days before the Final Approval Hearing that the Settlement Class Member could have, but failed to, raise in his/her written objection, and all objections to the Settlement Agreement that are not set forth in a timely and validly submitted written objection will be deemed waived. 11.4 If a Settlement Class Member wishes to present witnesses or evidence at the Final Approval Hearing in support date of a timely and validly submitted objection, all witnesses must be identified in the objection, and true and correct copies of all supporting evidence must be appended to, or filed and served with, the objection. Failure to identify witnesses or provide copies of supporting evidence in this manner waives any right to introduce such testimony or evidence at the Final Approval Hearing. The Representative Plaintiff or Defendants or both may take discovery regarding any objector, their attorney (if applicable), and the basis of any objection, to the same extent that discovery could otherwise have been sought from a party to the Action. 11.5 Any Settlement Class Member who that fails to comply do so shall be foreclosed from making such objection or opposition. The Representative Plaintiffs will file with the applicable provisions Court their brief in support of final settlement approval, in support of final certification of the preceding paragraphs concerning Settlement Class, and in response to any objection that he or she may have shall waive and forfeit any and all rights he or she may have to object, appear, present witness testimony, and/or submit evidence, shall be barred from appearing, speaking, or introducing any testimony or evidence objections at least seven days before the date of the Final Approval Hearing, . Any Settlement Class Member that fails to file a timely written objection and to appear and speak at the final approval hearing shall be precluded from seeking review have no right to file an appeal relating to the approval of this Agreement by appeal or other means, and shall be bound by all the terms of this Agreement and by all proceedings, orders and judgments in the Litigation. By filing an objection, objectors and their counsel submit to the jurisdiction of the Court for all purposes, including but not limited to subpoenas and discoverySettlement.

Procedures for Objecting to the Settlement. 11.1 Settlement Class Members shall have the right to 10 appear and show cause if they have any reason why the terms of this Agreement Settlement should not be given granted final approval, subject to 11 each of the sub-provisions contained in of this sectionparagraph 5.3. 12 5.3.1. Any objection to this the Settlement Agreement, including any of its terms or provisions, Agreement must be in writing writing, filed with 13 the Court, with a copy served on Class Counsel and mailed to Class Counsel, Defense Counsel, and the Clerk of the Court Counsel at the addresses 14 set forth in the Class Notice, postmarked no later than by the Objection Deadlinedeadline set by the Court in the Preliminary Approval 15 Order, which deadline shall be included in the Notice. 16 5.3.2. Settlement Class Members may object either on their own or through an attorney 17 hired at their own expense, but a Class Member represented by an attorney must sign 18 either the objection itself, or execute a separate declaration stating that the Class 19 Member authorizes the filing of the objection. 11.2 20 5.3.3. Any objection regarding or related to the Agreement Settlement shall contain (a) a 21 caption objector’s nameor title that clearly identifies this action and that the document is an objection, address22 (b) information sufficient to identify and contact the objecting Class Member or his or 23 her attorney, and telephone number; (iic) a clear and concise statement of the nameClass Member’s objection, addressas 24 well as any facts and law supporting the objection. 25 5.3.4. If a Class Member submits both an Opt Out Form and objection, the Class 26 Member will be deemed to have opted out of the Settlement, and telephone number of thus to be ineligible 27 to object. However, any attorney for objecting Class Member who has not timely requested 28 1 exclusion from the objector or any other person otherwise assisting Settlement will be bound by the objector or who otherwise stands to potentially benefit financially with respect to such objection; (iii) the factual basis and legal grounds for the objection, including any documents sufficient to establish the basis for his or her standing as a Settlement Class Member, including the date(s) and telephone number(s) at which he or she received one or more telephone call(s) covered by this Settlement; and (iv) identification terms of the case name, case number, Settlement Agreement 2 upon the Court’s Final Approval of the Settlement. 3 5.3.5. Objecting Class Members may appear at the final approval hearing and court for any prior class action lawsuit in which the objector and/or the objector’s attorney or any other person assisting with such objection (if applicable) has objected to a proposed class action settlement in the past five (5) years4 be heard. If an objecting party Class Member chooses to appear at the Final Approval Hearingfinal approval hearing, then by 5 no later than the Objection Deadlinedate by which the objection must be filed, the objecting Class Member 6 must file with the Court a notice Notice of intention Intent to appearAppear, either in person or through an 7 attorney, in which case the Notice must state the attorney’s name, address, and 8 telephone number. 9 5.3.6. The parties shall have the right, but not the obligation, either jointly or 10 individually, to respond to any objection no later than seven days before the Final 11 Approval Hearing. Any such response shall be filed with the Court and list Court, with a copy served 12 on the name, address, and telephone number of the person and/or any attorney who will appear. 11.3 A Settlement objecting Class Member who appears at the Final Approval Hearing(or his or her counsel) by regular mail, either personally overnight mail, 13 or through counsel, may be permitted to argue only those matters that were set forth in the timely and validly submitted written objection filed by such Settlement Class Member. No Settlement Class Member shall be permitted to raise matters at the Final Approval Hearing that the Settlement Class Member could have, but failed to, raise in his/her written objection, and all objections to the Settlement Agreement that are not set forth in a timely and validly submitted written objection will be deemed waivedhand delivery. 11.4 If a Settlement Class Member wishes to present witnesses or evidence at the Final Approval Hearing in support of a timely and validly submitted objection, all witnesses must be identified in the objection, and true and correct copies of all supporting evidence must be appended to, or filed and served with, the objection. Failure to identify witnesses or provide copies of supporting evidence in this manner waives any right to introduce such testimony or evidence at the Final Approval Hearing. The Representative Plaintiff or Defendants or both may take discovery regarding any objector, their attorney (if applicable), and the basis of any objection, to the same extent that discovery could otherwise have been sought from a party to the Action. 11.5 Any Settlement Class Member who fails to comply with the applicable provisions of the preceding paragraphs concerning any objection that he or she may have shall waive and forfeit any and all rights he or she may have to object, appear, present witness testimony, and/or submit evidence, shall be barred from appearing, speaking, or introducing any testimony or evidence at the Final Approval Hearing, shall be precluded from seeking review of this Agreement by appeal or other means, and shall be bound by all the terms of this Agreement and by all proceedings, orders and judgments in the Litigation. By filing an objection, objectors and their counsel submit to the jurisdiction of the Court for all purposes, including but not limited to subpoenas and discovery.

Procedures for Objecting to the Settlement. 11.1 Settlement 9.2.1 Class Members shall have the right to appear and show cause cause, if they have any reason why the terms of this Agreement should not be given final approval, subject to each of the sub-provisions contained in this sectionparagraph. Any objection to this Settlement Agreement, including any of its terms or provisions, must be in writing and writing, filed with the Court or mailed to Class Counsel, Defense Counsel, and the Clerk Clerk’s Office of the United States District Court at for the addresses set forth in the Class NoticeMiddle District of Florida, postmarked ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, by no later than the Objection Opt-Out Deadline. Settlement Class Members may object either on their own or through an attorney hired at their own expense. 11.2 9.2.2 Any objection regarding or related to the Agreement shall contain a caption or title that identifies it as “Objection to Class Settlement in Lomas and ▇▇▇▇▇▇ v. Health Insurance Associates, LLC, No. 22-cv-1564” and also shall contain the following information: (i) the objector’s name, address, and telephone number; (ii) the name, address, and telephone number of any attorney for the objector or any other person otherwise assisting the objector or who otherwise stands to potentially benefit financially with respect to such the objection; (iii) the factual basis and legal grounds for the objection, including any documents sufficient to establish the basis for his or her standing as a Settlement Class Member, including the date(s) and telephone phone number(s) at which he or she received one or more telephone call(s) covered by this Settlement; and (iv) identification of the case name, case number, and court for any prior class action lawsuit in which the objector and/or and the objector’s attorney or any other person assisting with such objection (if applicable) has objected to a proposed class action settlement in the past five (5) yearssettlement. If an objecting party chooses to appear at the Final Approval Hearinghearing, then by no later than the Objection Opt-Out Deadline, a notice of intention to appear, either in person or through an attorney, shall must be filed with the Court and list the name, address, and telephone number of the person and/or any attorney and attorney, if any, who will appear. 11.3 9.2.3 A Settlement Class Member who appears at the Final Approval Hearing, either personally or through counsel, may be permitted to argue only those matters that were set forth in the timely and validly submitted written objection filed by such Settlement Class Member. No Settlement Class Member shall be permitted to raise matters at the Final Approval Hearing that the Settlement Class Member could have, but failed to, raise have raised in his/her written objection, but failed to do so, and all objections to the Settlement Agreement that are not set forth in a timely and validly submitted written objection will be deemed waived. 11.4 9.2.4 If a Settlement Class Member wishes to present witnesses or evidence at the Final Approval Hearing in support of a timely and validly submitted objection, all witnesses must be identified in the objection, and true and correct copies of all supporting evidence must be appended to, or filed and served with, the objection. Failure to identify witnesses or provide copies of supporting evidence in this manner waives any right to introduce such testimony or evidence at the Final Approval Hearing. The Representative Plaintiff Plaintiffs or Defendants Defendant or both may take discovery regarding any objector, their attorney (if applicable), and the basis of any objection, subject to the same extent that discovery could otherwise have been sought from a party to the ActionCourt approval. 11.5 9.2.5 Any Settlement Class Member who fails to comply with the applicable provisions of the preceding paragraphs concerning any their objection that he or she may have shall waive and forfeit any and all rights he or she may have to object, appear, present witness testimony, and/or submit evidence, shall be barred from appearing, speaking, or introducing any testimony or evidence at the Final Approval Hearing, shall be precluded from seeking review of this Agreement by appeal or other means, and shall be bound by all the terms of this Agreement and by all proceedings, orders and judgments in the Litigation. By filing an objection, objectors and their counsel submit to the jurisdiction of the Court for all purposes, including but not limited to subpoenas and discovery.