REQUESTS FOR EXCLUSION BY SETTLEMENT CLASS MEMBERS Clause Samples
The "Requests for Exclusion by Settlement Class Members" clause defines the process by which individuals who are part of a settlement class can formally opt out of the settlement agreement. Typically, this clause outlines the steps a class member must take to submit a valid exclusion request, such as providing written notice within a specified deadline and including necessary identifying information. Its core function is to ensure that class members who do not wish to be bound by the settlement terms have a clear and fair opportunity to remove themselves from the class, thereby preserving their right to pursue separate legal action if desired.
REQUESTS FOR EXCLUSION BY SETTLEMENT CLASS MEMBERS. Any Settlement Class Member may make a Request for Exclusion by mailing or delivering such request in writing to the Settlement Administrator. Any Request for Exclusion must be postmarked or delivered not later than the Opt-Out Deadline. Any Request for Exclusion shall state the name, address and telephone number of the person requesting exclusion and contain a clear statement communicating that such person elects to be excluded from the Settlement, does not wish to be a Settlement Class Member and elects to be excluded from any judgment entered pursuant to the Settlement. Prior requests made for exclusion during the prior notice campaign will be honored as part of this settlement, although class counsel will contact these individuals to confirm their intent to exclude themselves from the settlement, and to also encourage them to file a claim on the settlement. Any Settlement Class Member who submits a timely Request for Exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement. Not later than three (3) business days after the deadline for submission of Requests for Exclusion, the Settlement Administrator shall provide an Opt-Out List to Class Counsel and to Defendants’ Counsel together with copies of each Request for Exclusion. Class Counsel and Defendants’ Counsel shall jointly report the names appearing on the Opt-Out List to the Court at the time of the Final Approval Hearing. Class Counsel agrees that they will not represent any individual that opted out from the Settlement or opted out as a class member in asserting claims against the Defendants that are the subject of this agreement.
REQUESTS FOR EXCLUSION BY SETTLEMENT CLASS MEMBERS. 1. Any Settlement Class Member may make a Request for Exclusion by postmarking or delivering such request in writing to the Court before the close of the Claims Period. Any Request for Exclusion shall include the name, address, and telephone number of the person requesting exclusion and include a clear statement indicating that person chooses to be excluded from the Settlement, does not wish be a Settlement Class Member and chooses to be excluded from any judgment entered pursuant to the Settlement.
2. The Parties will ask, through the Motion for Preliminary Approval, that the Clerk of Court file any requests for exclusion received in the Court’s docket and send notice to the Parties through the Court’s Electronic Case File system.
3. Any Settlement Class Member who submits a timely Request for Exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
REQUESTS FOR EXCLUSION BY SETTLEMENT CLASS MEMBERS. A. The provisions of this paragraph will apply to any Request for Exclusion. Any Settlement Class Member may make a Request for Exclusion by mailing or delivering such request in writing to the Claims Administrator. Any Request for Exclusion must be postmarked and received not later than the Opt-Out Deadline specified in the Court’s Preliminary Approval Order. Any Request for Exclusion must (1) state the Settlement Class Member’s full name and current address; (2) identify the model year, model, and Vehicle Identification Number (“VIN”) of his/her Class Vehicle(s) and the date(s) of purchase or lease; (3) specifically and clearly state his/her desire to be excluded from the Settlement and from the Settlement Class; and (4) include the Settlement Class Member’s signature.
B. Any Settlement Class Member who submits a timely Request for Exclusion may not file an objection to the Settlement and will be deemed to have waived any rights or benefits under this Settlement Agreement.
REQUESTS FOR EXCLUSION BY SETTLEMENT CLASS MEMBERS. 1. The provisions of this subsection shall apply to any Request for Exclusion. If any member of the Settlement Class seeks to exclude himself or herself from the Settlement, any Request for Exclusion must be submitted by U.S. mail, electronic mail, or delivered in writing to the Settlement Administrator as specified in the Class Notice. Any Request for Exclusion must be postmarked or delivered not later than the Opt-Out Deadline. Any Request for Exclusion must:
a. Have the signature of the member of the Settlement Class, even if represented by counsel, subject to the exception set forth in Paragraph VIII(2). If the member of the Settlement Class is an entity and not an individual, the Request for Exclusion must be signed by an officer or director of the entity with authority to act on behalf of that entity;
b. State the name, address, and telephone number of the Person requesting exclusion;
c. Ifhe or she is represented by counsel, the name and contact information (including address, telephone number, and email address) of that counsel;
d. Certify that he or she had an account for the Fubo Platform on or before the Preliminary Approval Date or used the Fubo account of another Person on or before the Preliminary Approval Date while residing in the United States or its territories;
e. Contain a clear and unambiguous statement communicating that such Person elects to be excluded from the Settlement Class, does not wish to be a Settlement Class Member, and elects to be excluded from any judgment entered pursuant to the Settlement.
2. Any member of the Settlement Class who has filed a demand for arbitration, or is represented by counsel in relation to an arbitration claim against Defendants, may submit a Request for Exclusion through their attorney. Any such Request for Exclusion must have the signature of the member of the Settlement Class or, if signed by their attorney, a certification under oath that the attorney general represents the Settlement Class Member in relation to a claim for arbitration against Defendants and has obtained the Settlement Class Member's authorization to exclude them from the Settlement.
3. A member of the Settlement Class may opt out on an individual basis only; so- called "mass" or "class" opt outs shall not be allowed.
4. Any member of the Settlement Class who submits a timely Request for Exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement...
REQUESTS FOR EXCLUSION BY SETTLEMENT CLASS MEMBERS. The provisions of this paragraph will apply to any Request for Exclusion. Any Settlement Class Member may make a Request for Exclusion by mailing or delivering such request in writing to the Claims Administrator. Any Request for Exclusion must be postmarked and received not later than the Opt-Out Deadline specified in the Court’s Preliminary Approval Order. Any Request for Exclusion must (1) state the Settlement Class Member’s full name and current address; (2) identify the model year, model, and VIN of his/her Class Vehicle(s) and the date(s) of purchase or lease; (3) specifically and clearly state his/her desire to be excluded from the Settlement and from the Settlement Class; and (4) include the Settlement Class Member’s signature.
REQUESTS FOR EXCLUSION BY SETTLEMENT CLASS MEMBERS. A. Settlement Class Members may make a Request for Exclusion by mailing such request in writing to the Settlement Administrator at the address set forth in the Class Notice. Any Request for Exclusion must be postmarked no later than forty-five (45) days after the Class Notice Date or such other date specified in the Court’s