REQUESTS FOR EXCLUSION AND OBJECTIONS Clause Samples
The "Requests for Exclusion and Objections" clause outlines the procedures by which parties may formally opt out of a class action settlement or raise objections to its terms. Typically, this clause specifies the deadlines, required information, and method of submission for exclusion requests or objections, ensuring that all parties are aware of how to exercise their rights. Its core function is to provide a clear and fair process for individuals to either remove themselves from the settlement or voice concerns, thereby upholding due process and protecting the interests of all affected parties.
REQUESTS FOR EXCLUSION AND OBJECTIONS. A. All Settlement Class Members have the right to either opt out of or object to the Settlement pursuant to the procedures and schedule set forth in the Settlement Agreement, which also will be set forth in the Notice of Settlement and on the Settlement Website at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.
B. A member of the Settlement Class who submits a timely and valid Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspection.
1. To validly request exclusion from the Settlement Class, a Settlement Class Member must submit a written Request for Exclusion to the Settlement Administrator so that it is postmarked by the date 60 days after the date of the Notice Date, stating that “I wish to exclude myself from the Settlement Class in the Plenum Inspection Program Class Action Settlement” (or substantially similar clear and unambiguous language). That written request shall contain the Settlement Class member’s printed name, address, telephone number, email address (if any), date of birth, generator serial number, and the address at which the generator is installed. The Request for Exclusion must contain the actual written signature of the Settlement Class Member seeking to exclude himself or herself from the Settlement Class.
2. Requests for Exclusion cannot be made on a group or class basis, except that joint owners of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner.
3. Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion shall be bound by all subsequent proceedings, orders and judgments in this Lawsuit, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Released Claims.
4. Any statement or submission purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion.
C. Any Settlement Class Member who does not submit a written Request for Exclusion may present a written objection to the Settlement explaining why he or she believes that the Settlement Agreement should not be approved by the Court as fair, reasonable and adequate. A Settlement Class Member who wishes to submit an objection must deliver to the Settlement Administrator so that it is postmarked by the date 60...
REQUESTS FOR EXCLUSION AND OBJECTIONS. A. Any member of the Settlement Class shall have the right to opt out of the Settlement Class by providing the Settlement Administrator with an executed Opt- out Form by timely mailing such form to the Settlement Administrator’s mailing address or submitting the Opt-out Form through the Settlement Website. Any Settlement Class Member shall have the right to object to the Agreement, including the Lawyers’ Fees and Expenses, by filing with the Court a timely objection. All Opt-out Forms must be postmarked by Canada Post or received by the Settlement Administrator (in the case of Opt-out Forms submitted through the Settlement Website) within sixty (60) days after the Certification Notice is first published. Objections shall be filed with the Court and served on counsel for the Parties no less than ten (10) days before the Settlement Approval Hearing date in the Certification Notice.
B. The Settlement Administrator must provide a final list of all opts outs to the Defendant within seventy (70) days after the Certification Notice is first published.
REQUESTS FOR EXCLUSION AND OBJECTIONS. Settlement Class Members who wish to exclude themselves from the Settlement Class must submit timely and written requests for exclusion. To be effective, such a request must include the Settlement Class Member’s name and address, an unequivocal statement that the Settlement Class Member wishes to be excluded from the Settlement Class, and the signature of the Settlement Class Member or the Legally Authorized Representative of the Settlement Class Member. The request must be mailed to the Settlement Administrator at the address provided in the Notice postmarked no later than forty-five (45) days after the Notice Date. Requests for exclusion must be exercised individually by the Settlement Class Member and is only effective as to the individual Settlement Class Member requesting exclusion.
REQUESTS FOR EXCLUSION AND OBJECTIONS. The Parties and their respective counsel agree not to solicit or encourage any Person in requesting exclusion from the Settlement Class.
REQUESTS FOR EXCLUSION AND OBJECTIONS. 7.1 The Notice will direct Settlement Class Members to the settlement website for more information about the settlement. As set forth in Paragraph 6.1, the settlement website will include the “Detailed Class Notice,” in substantially the same form as Exhibit B attached hereto, which will advise Settlement Class Members of their rights: (a) to exclude themselves from this Settlement Agreement and forgo its benefits but preserve any rights they may have to pursue claims against Sephora; and (b) to object to this Settlement Agreement personally or through counsel. The settlement website will include a fillable online “Opt-Out Form” that Settlement Class Members may use to exclude themselves from the Settlement Agreement.
7.2 Any Settlement Class Member other than Plaintiff may request to be excluded from this Settlement Agreement by completing and submitting the fillable online “Opt-Out Form” on the settlement website on or before the date that is forty-nine (49) days after the Notice Date (such 49th day after the Notice Date is the “Objection/Exclusion Deadline”) or by mailing a letter via first class mail to the Settlement Administrator postmarked on or before the Objection/Exclusion Deadline. For a letter to be a “complete” exclusion request, it must include the Settlement Class Member’s first and last names, the unique identifying code from the Settlement Class Member’s Notice, a statement that the Settlement Class Member requests to be excluded from the settlement, and the Settlement Class Member’s signature. An exclusion request submitted via the “Opt-Out Form” will be deemed a “complete” exclusion request so long as all required fields are filled in with the requested information, which will include: the Settlement Class Member’s first and last names, the unique identifying code from the Settlement Class Member’s Notice, and a checkbox or similar field serving as the electronic equivalent of a signature and affirming that the Settlement Class Member requests to be excluded from the settlement. A request for exclusion may only be brought on behalf of the individual Settlement Class Member making the request, and “mass” or “class” requests for exclusion will not be valid and will have no effect. Any Settlement Class Member who submits a timely and complete exclusion request pursuant to the requirements of this Paragraph will no longer be a Settlement Class Member, will not be bound by this Settlement Agreement or the Final Approval Order, will not be ent...
REQUESTS FOR EXCLUSION AND OBJECTIONS. 134. A Settlement Class Member may opt-out of the Settlement Class at any time on or before the Opt-Out Deadline, provided the opt-out notice is postmarked no later than the Opt-Out Deadline. Any Settlement Class Member who does not timely and validly request to opt-out shall be bound by the terms of this Agreement.
REQUESTS FOR EXCLUSION AND OBJECTIONS. Settlement Class Members who wish to exclude themselves from the Settlement Class must submit timely and written requests for exclusion. To be effective, such a request must include the Settlement Class Member’s name and address, an unequivocal statement that the Settlement Class Member wishes to be excluded from the Settlement Class, and the signature of the Settlement Class Member or the Legally Authorized Representative of the Settlement Class Member. The request must be mailed to the Settlement Administrator at the address provided in the Notice postmarked no later than thirty (30) days prior to the Final Approval Hearing. Requests for exclusion must be exercised individually by the Settlement Class Member and is effective only as to the individual Settlement Class Member requesting exclusion.
REQUESTS FOR EXCLUSION AND OBJECTIONS. 18. Any Class Member shall have the right to seek exclusion from the Settlement Class.
19. A Class Member seeking exclusion from the Class must submit a written request to Kreation, postmarked within twenty-one (21) days of the second notice by publication. The date for notices by publication and electronic mail will be established by the Court and will be set forth in the Preliminary Approval Order. Timely exclusion requests received by Class Counsel and/or Defense Counsel will also be deemed valid requests for exclusion.
REQUESTS FOR EXCLUSION AND OBJECTIONS. A. Any member of the Settlement Class shall have the right to opt out of the Settlement Class by providing the Settlement Administrator with an executed Opt-out Form by timely mailing such form to the Settlement Administrator’s mailing address or submitting the Opt-out Form through the Settlement Website. Any Settlement Class Member shall have the right to object to the Agreement, including the Attorneys’ Fees and Expenses, by filing with the Court a timely objection. All Opt-out Forms must be postmarked by the United States Postal Service or received by the Settlement Administrator (in the case of Opt-out Forms submitted through the Settlement Website) or, in the case of objections, filed with the Court no later than one-hundred-and-twenty (120) days after entry of the Preliminary Approval Order, and this deadline shall be set forth in the Settlement Notice.
B. Settlement Administrator must provide a final list of all exclusions to the Court within one-hundred-and-thirty-five (135) days after entry of the Preliminary Approval Order.
REQUESTS FOR EXCLUSION AND OBJECTIONS. 1. For a request for exclusion to be considered valid by the Court, the request must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a request for exclusion shall be deemed to have been timely submitted if it shows a postmark date on or before the last day of the Opt-Out Period on the envelope. If submitted by overnight mail service (e.g., Federal Express), a request for exclusion shall be deemed to have been timely submitted so long as it shows a shipping date on or before the last date of the Opt-Out Period on the shipping label.
2. For an objection to be considered by the Court, the objection must be submitted no later than the last day of the Objection Period, as specified in the Notice. If submitted by mail, an objection shall be deemed to have been timely submitted if it shows a postmark date on or before the last day of the Objection Period indicated on the envelope. If submitted by overnight mail (e.g., Federal Express), an objection shall be deemed to have been timely submitted so long as it shows a shipping date on or before the last date of the Objection Period on the shipping label.
3. For an objection to be considered by the Court, the objection must also set forth:
a. the objector’s full name, mailing address, telephone number, and email address (if any);
b. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
c. the identity of any counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement and/or Application for Attorneys’ Fees, Costs, and Service Award;
d. the identity of all counsel (if any) representing the objector who will appear at the Final Approval Hearing;
e. a list of any persons who will be called to testify at the Final Approval Hearing in support of the objection (if any);
f. a statement confirming whether the objector intends to personally appear and/or testify at the Hearing; and
g. the objector’s signature (an attorney’s signature is not sufficient).