Common use of Request for Exclusion from the Settlement Clause in Contracts

Request for Exclusion from the Settlement. (1) Any Settlement Class Member that wishes to be excluded from the Settlement Class must, by first-class mail postmarked no later than thirty (30) days after the Notice Date, mail a each of the following: (a) the Claim Administrator, Angeion Group, at the address specified in the Class Notice; (b) ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Esq., ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ PC, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ on behalf of Class Counsel; and (c) ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Esq., ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇, P.C., ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ on behalf of Defendant. (2) To be effective, the Request for Exclusion must: (a) number; (b) identify the model, model year and VIN of the Settlement Class Vehicle; (c) state that he/she/it is or was a present or former owner or lessee of a Settlement Class Vehicle; and (d) specifically and unambiguously state his/her/its desire to be excluded from the Settlement Class. (3) Any Settlement Class Member who fails to submit a timely and complete Request for Exclusion in accordance with the requirements set forth above, shall remain in, and not be excluded from, the Settlement Class, and shall be subject to and bound by this Settlement Agreement, the Release of Claims, and every order or judgment entered relating to this Settlement Agreement. (4) Any Settlement Class Member who submits a timely and proper Request for Exclusion cannot also submit an objection to the Settlement. (5) The Claim Administrator will receive purported Requests for Exclusion and shall consult with Class Counsel and Defense Counsel in determining whether they meet the requirements of a Request for Exclusion. Any communications from Settlement Class Members (whether styled as an exclusion request, an objection or a comment) as to which it is not readily apparent whether the Settlement Class Member intended to be excluded from the Settlement Class shall be evaluated jointly by counsel for the Parties, who shall make a good faith evaluation. Any uncertainties about whether a Settlement Class Member is requesting exclusion from the Settlement Class shall be submitted to the Court for resolution. The Claim Administrator shall maintain a database of all Requests for Exclusion, and shall send written communications memorializing those Requests for Exclusion to Class Counsel and Defense Counsel. The Claim Administrator shall report the names and addresses of all such persons and entities that submitted timely and proper Requests for Exclusion to the Court, Class Counsel and Defense Counsel within eighteen (18) days prior to the Final Fairness Hearing, and the list of persons and entities deemed by the Court to have properly and timely excluded themselves from the Settlement Class shall be attached as an exhibit to the Final Approval Order and Judgment.

Request for Exclusion from the Settlement. (1) Any Settlement Class Member that who wishes to be excluded from the Settlement Class mustmust mail, by first-class mail postmarked no later than thirty (30) days after the Notice Date, mail a each of the following: written request for exclusion (“Request for Exclusion”) to (a) the Claim Administrator, Angeion Group, Administrator at the address specified in the Class Notice; (b) ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Esq., ▇▇▇▇▇▇ . ▇▇▇▇▇▇▇▇ PCIII, ▇▇▇▇▇▇ & ▇▇▇▇▇▇, P.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ on behalf of Class Counsel; and (c) ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Esq., ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇, P.C., ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ on behalf of DefendantDefendants. (2) To be effective, the Request for Exclusion must: (a) include the Settlement Class Member’s full name, address and telephone number; (b) identify the model, model year and VIN of the Settlement Class Vehicle; (c) state that he/she/they/it is or was a present or former owner or lessee of a Settlement Class Vehicle; and (d) specifically and unambiguously state his/her/their/its desire to be excluded from the Settlement Class. (3) Any Settlement Class Member who fails to submit a timely and complete Request for Exclusion in accordance with sent to the requirements set forth aboveproper addresses, shall remain in, and not be excluded from, the Settlement Class, and shall be subject to and bound by this Settlement Agreement, the Release of Claims, and every order or judgment entered relating to this Settlement Agreement. (4) Any Settlement Class Member who submits a timely and proper Request for Exclusion cannot also submit an objection to the Settlement. (5) . The Claim Administrator will receive purported Requests for Exclusion and shall consult with Class Counsel and Defense Counsel in determining whether they meet the requirements of a Request for Exclusion. Any communications from Settlement Class Members (whether styled as an exclusion request, an objection or a comment) as to which it is not readily apparent whether the Settlement Class Member intended to be excluded from the Settlement Class shall be evaluated jointly by counsel for the Parties, who shall make a good faith evaluation. Any uncertainties about whether a Settlement Class Member is requesting exclusion from the Settlement Class shall be submitted to the Court for resolution. The Claim Administrator shall maintain a database of all Requests for Exclusion, and shall send the original written communications memorializing those Requests for Exclusion to Class Counsel and Defense Counsel. The Claim Administrator shall report the names and addresses of all such persons and entities that submitted timely and proper Requests for Exclusion to the Court, Class Counsel and Defense Counsel within eighteen (18) days prior to the Final Fairness Hearing, and the list of persons and entities deemed by the Court to have properly and timely excluded themselves from the Settlement Class shall be attached as an exhibit to the Final Approval Order and Judgment.