Common use of Requests for Exclusion (Opt-Outs) Clause in Contracts

Requests for Exclusion (Opt-Outs). 8.5.1. Class Members who wish to exclude themselves from (opt-out of) the Class Settlement must send the Administrator, by mail, a signed written Request for Exclusion postmarked by the Response Deadline. A Request for Exclusion is a letter from a Class Member or his/her representative that reasonably communicates the Class Member’s election to be excluded from the Settlement and includes the Class Member’s name, address and email address or telephone number. To be valid, a Request for Exclusion must be postmarked by the Response Deadline. 8.5.2. The Request for Exclusion must: (1) contain the name, address, and the last four digits of the Social Security Number of the person requesting exclusion; (2) state the Class Member’s request to exclude himself or herself from the Settlement and to opt out of the Settlement; (3) be signed by the Class Member or his or her lawful representative; and (4) be postmarked, faxed, or emailed by the Response Deadline. Any Class Member who submits a completed, signed and timely written Request for Exclusion shall no longer be a member of the Class, shall be barred from participating in this Settlement with respect to the Individual Class Payments, shall be barred from objecting to this Settlement, and shall receive no benefit from this Settlement, except as set forth in Section 8.5.2.1. Any untimely or incomplete Opt Out shall be considered null and void. If a Class Member submits both a completed, signed and timely Proof of Work and a completed, signed and timely Opt Out, then the Opt Out shall be deemed invalid, and the Class Member shall be a Settlement Class Member and participate in this Settlement. 8.5.2.1. A valid Request for Exclusion from the Class does not affect the Released PAGA Claims, which shall be binding on all Aggrieved Employees regardless of the requested exclusion. The Settlement Administrator shall notify Class Counsel and Defense Counsel of the number of timely opt-outs within seven (7) days after the Response Deadline. 8.5.3. Every Class Member who does not submit a timely and valid Request for Exclusion is deemed to be a Participating Class Member under this Agreement, entitled to all benefits and bound by all terms and conditions of the Settlement, including the Participating Class Members’ Releases under Section 6.2 of this Agreement, regardless whether the Participating Class Member actually receives the Class Notice or objects to the Settlement. 8.5.4. Every Class Member who submits a valid and timely Request for Exclusion is a Non-Participating Class Member and shall not receive an Individual Class Payment or have the right to object to the class action components of the Settlement. Because future PAGA claims are subject to claim preclusion upon entry of the Judgment, Non-Participating Class Members who are Aggrieved Employees are deemed to release the claims identified in Paragraph 6.3 of this Agreement and are eligible for an Individual PAGA Payment.

Appears in 1 contract

Sources: Class Action and Paga Settlement Agreement

Requests for Exclusion (Opt-Outs). 8.5.1. Any Class Members who wish Member that wishes to exclude themselves seek exclusion from the Settlement Class by “opting out” must timely submit a written request for Exclusion to the Claims Administrator (opt-out of) the Class Settlement must send the Administrator, by mail, a signed written Request for Exclusion postmarked by the Response DeadlineExclusion”). A Request To be effective, such Requests for Exclusion is a letter from a Class Member or his/her representative that reasonably communicates must state: the Settlement Class Member’s election full legal name, address and telephone number; that the Class Member purchased Capacitors indirectly from one or more Distributor who themselves purchased from one of the Defendants during the Class Period; and that the Class Member (1) wants to be excluded from the Settlement In re Capacitors Antitrust Litigation – Indirect Purchaser Actions class action settlement with ▇▇▇▇▇▇ and includes (2) understands that by so doing, the Class Member’s name, address and email address Member will not be able to get any money or telephone numberbenefits from the settlement with Taitsu under the Settlement Agreement. To be valid, a Request All Requests for Exclusion must be postmarked by the Response Deadline. 8.5.2. The Request for Exclusion must: (1) contain the name, address, signed and the last four digits of the Social Security Number of the person requesting exclusion; (2) state the Class Member’s request to exclude himself or herself from the Settlement and to opt out of the Settlement; (3) be signed dated by the Class Member or his its officer or her lawful legal representative; , and be (41) mailed to the Claims Administrator via First Class United States Mail (or United States Mail for overnight delivery) and postmarked by a date certain to be postmarked, faxedspecified on the Notice, or emailed (2) received by the Response Deadline. Any Class Member who submits a completedClaims Administrator by that date, signed and timely written Request for Exclusion shall no longer be a member of the Classprovided, shall be barred from participating in this Settlement with respect to the Individual Class Paymentshowever, shall be barred from objecting to this Settlement, and shall receive no benefit from this Settlement, except as set forth in Section 8.5.2.1. Any untimely or incomplete Opt Out shall be considered null and void. If that if a Class Member submits both a completedmails the Opt-Out LAW OFFICES COTCHETT, signed and timely Proof of Work and a completed▇▇▇▇▇ & Statement pursuant to option (1), signed and timely Opt Out, then it will be effective only if received by the Opt Out shall be deemed invalid, and the Class Member shall be a Settlement Class Member and participate in this Settlement. 8.5.2.1. A valid Request for Exclusion from the Class does not affect the Released PAGA Claims, which shall be binding Claims Administrator on all Aggrieved Employees regardless of the requested exclusion. The Settlement Administrator shall notify Class Counsel and Defense Counsel of the number of timely opt-outs within seven or before ten (710) calendar days after the Response Deadline. 8.5.3end of the Opt-Out Period. Every Class Member Persons who does opt out are not submit a timely and valid Request for Exclusion is deemed to be a Participating Class Member under this Agreement, entitled to all benefits and bound by all terms and conditions of any monetary award from the Settlement, including the Participating Class Members’ Releases under Section 6.2 of this Agreement, regardless whether the Participating Class Member actually receives the Class Notice or objects to the SettlementSettlement Fund. 8.5.4. Every Class Member who submits a valid and timely Request for Exclusion is a Non-Participating Class Member and shall not receive an Individual Class Payment or have the right to object to the class action components of the Settlement. Because future PAGA claims are subject to claim preclusion upon entry of the Judgment, Non-Participating Class Members who are Aggrieved Employees are deemed to release the claims identified in Paragraph 6.3 of this Agreement and are eligible for an Individual PAGA Payment.

Appears in 1 contract

Sources: Settlement Agreement

Requests for Exclusion (Opt-Outs). 8.5.1. Any Class Members Member who wish wishes to exclude themselves be excluded from (opt-or opt out of) of the Class Settlement must send the Administratora written, by mail, a signed written Request for Exclusion postmarked to the Settlement Administrator no later than 60 calendar days following the Notice Date (or other date required by the Response Court) (the “Opt-Out Deadline”). A The Request for Exclusion is must set forth the following: i. the name of this Action (“Luckey v. Canyon Beachwear LLC”); ii. the full name, address, and telephone number of the person requesting to be excluded; iii. the words “Request for Exclusion” at the top of the document; and iv. a letter declaration stating “I request that I be excluded from a Class Member or his/her representative the Settlement in Luckey v. Canyon Beachwear LLC, Los Angeles Superior Court Case No. BC518338. I understand that reasonably communicates the Class Member’s election by requesting to be excluded from the Settlement and includes Class, I will not receive any benefits under the Class Member’s name, address and email address or telephone number. To be valid, a Settlement.” The Request for Exclusion must be postmarked by the Response Deadline. 8.5.2. The Request for Exclusion must: (1) contain the name, address, and the last four digits of the Social Security Number of the person requesting exclusion; (2) state the Class Member’s request to exclude himself or herself from the Settlement and to opt out of the Settlement; (3) be personally signed by the Class Member or his or her lawful representativewho seeks to opt out; and (4) be postmarked, faxed, or emailed by the Response Deadline. Any no Class Member who submits may opt out by having a completed, signed and timely written Request for Exclusion shall no longer be a member request to opt out submitted by an actual or purported agent or attorney acting on behalf of the Class, shall Class Member. No opt out request may be barred from participating in this Settlement with respect to the Individual made on behalf of a group of Class Payments, shall be barred from objecting to this Settlement, and shall receive no benefit from this Settlement, except as set forth in Section 8.5.2.1Members. Any untimely or incomplete Opt Out shall be considered null and void. If a Class Member submits both a completed, signed and timely Proof of Work and a completed, signed and timely Opt Out, then the Opt Out shall be deemed invalid, and the Class Member shall be a Settlement Class Member and participate in this Settlement. 8.5.2.1. A valid Request for Exclusion from the Class does not affect the Released PAGA Claims, which shall be binding on all Aggrieved Employees regardless of the requested exclusion. The Settlement Administrator shall notify Class Counsel and Defense Counsel of the number of timely opt-outs within seven (7) days after the Response Deadline. 8.5.3. Every Each Class Member who does not submit a timely and valid Request for Exclusion is substantially in compliance with this Section within the deadline set by the Court shall be deemed to be a Participating Class Member under participate in the Settlement and all releases provided in this Agreement. For purposes of determining timeliness, entitled to all benefits and bound by all terms and conditions of the Settlement, including the Participating Class Members’ Releases under Section 6.2 of this Agreement, regardless whether the Participating Class Member actually receives the Class Notice or objects to the Settlement. 8.5.4. Every Class Member who submits a valid and timely Request Requests for Exclusion is shall be deemed to have been submitted on the date postmarked by the postal service or other expedited delivery service. After conferring with Defense Counsel regarding the exclusions mailed pursuant to this Section, Class Counsel shall file a Non-Participating Class Member and shall not receive an Individual Class Payment or have the right to object to the class action components list of the Settlement. Because future PAGA claims are subject to claim preclusion upon entry of the Judgment, Non-Participating Class Members who are Aggrieved Employees are deemed have timely and validly excluded themselves as part of or a supplement to release Plaintiff’s Motion for Final Approval of the claims identified Settlement as set forth in Paragraph 6.3 of this Agreement and are eligible for an Individual PAGA PaymentSection 3.9.

Appears in 1 contract

Sources: Settlement Agreement

Requests for Exclusion (Opt-Outs). 8.5.1. Any Class Members Member who wish wishes to exclude themselves be excluded from (opt-or opt out of) of the Class Settlement must send the Administratora written, by mail, a signed written Request for Exclusion postmarked to the Settlement Administrator no later than 45 calendar days following the Notice Date (or other date required by the Response Court) (the “Opt-Out Deadline”). A The Request for Exclusion is must set forth the following: i. the name of this Action (“▇▇▇▇▇ ▇. DCI”); ii. the full name, address, and telephone number of the person requesting to be excluded; iii. the words “Request for Exclusion” at the top of the document; and iv. a letter declaration stating “I request that I be excluded from a Class Member or his/her representative the Settlement in ▇▇▇▇▇ v. DCI, San Bernardino Superior Court Case No. CIVSB2313668. I understand that reasonably communicates the Class Member’s election by requesting to be excluded from the Settlement and includes Class, I will not receive any benefits under the Class Member’s name, address and email address or telephone number. To be valid, a Settlement.” The Request for Exclusion must be postmarked by the Response Deadline. 8.5.2. The Request for Exclusion must: (1) contain the name, address, and the last four digits of the Social Security Number of the person requesting exclusion; (2) state the Class Member’s request to exclude himself or herself from the Settlement and to opt out of the Settlement; (3) be personally signed by the Class Member or his or her lawful representativewho seeks to opt out; and (4) be postmarked, faxed, or emailed by the Response Deadline. Any no Class Member who submits may opt out by having a completed, signed and timely written Request for Exclusion shall no longer be a member request to opt out submitted by an actual or purported agent or attorney acting on behalf of the Class, shall Class Member. No opt out request may be barred from participating in this Settlement with respect to the Individual made on behalf of a group of Class Payments, shall be barred from objecting to this Settlement, and shall receive no benefit from this Settlement, except as set forth in Section 8.5.2.1Members. Any untimely or incomplete Opt Out shall be considered null and void. If a Class Member submits both a completed, signed and timely Proof of Work and a completed, signed and timely Opt Out, then the Opt Out shall be deemed invalid, and the Class Member shall be a Settlement Class Member and participate in this Settlement. 8.5.2.1. A valid Request for Exclusion from the Class does not affect the Released PAGA Claims, which shall be binding on all Aggrieved Employees regardless of the requested exclusion. The Settlement Administrator shall notify Class Counsel and Defense Counsel of the number of timely opt-outs within seven (7) days after the Response Deadline. 8.5.3. Every Each Class Member who does not submit a timely and valid Request for Exclusion is substantially in compliance with this Section within the deadline set by the Court shall be deemed to be a Participating Class Member under participate in the Settlement and all releases provided in this Agreement. For purposes of determining timeliness, entitled to all benefits and bound by all terms and conditions of the Settlement, including the Participating Class Members’ Releases under Section 6.2 of this Agreement, regardless whether the Participating Class Member actually receives the Class Notice or objects to the Settlement. 8.5.4. Every Class Member who submits a valid and timely Request Requests for Exclusion is shall be deemed to have been submitted on the date postmarked by the postal service or other expedited delivery service. After conferring with Defense Counsel regarding the exclusions mailed pursuant to this Section, Class Counsel shall file a Non-Participating Class Member and shall not receive an Individual Class Payment or have the right to object to the class action components list of the Settlement. Because future PAGA claims are subject to claim preclusion upon entry of the Judgment, Non-Participating Class Members who are Aggrieved Employees are deemed have timely and validly excluded themselves as part of or a supplement to release Plaintiffs’ Motion for Final Approval of the claims identified Settlement as set forth in Paragraph 6.3 of this Agreement and are eligible for an Individual PAGA PaymentSection 3.9.

Appears in 1 contract

Sources: Settlement Agreement

Requests for Exclusion (Opt-Outs). 8.5.1. Any Settlement Class Members who wish Member that wishes to exclude themselves seek exclusion from the Settlement Class by “opting out” must timely submit a written request for Exclusion to the Claims Administrator (opt-out of) the Class Settlement must send the Administrator, by mail, a signed written Request for Exclusion postmarked by the Response DeadlineExclusion”). A Request To be effective, such Requests for Exclusion is a letter from a Class Member or his/her representative that reasonably communicates must state: the Settlement Class Member’s election full legal name, address and telephone number; that the Settlement Class Member purchased Capacitors directly from one or more of the Defendants during the Settlement Class Period; and a statement that the Settlement Class Member (1) wants to be excluded from the In re Capacitors Antitrust Litigation class action settlement with Hitachi Chemical, and (2) understands that by so doing, the Settlement Class Member will not be able to receive any money or benefits from the settlement with Hitachi Chemical under the Settlement Agreement. All Requests for Exclusion must be signed and includes dated by the Settlement Class Member’s nameMember or its officer or legal representative, address and email address be (1) mailed to the Claims Administrator via First Class United States Mail (or telephone number. To United States Mail for overnight delivery) and postmarked by a date certain to be validspecified on the Court-approved notice to the Settlement Class (the “Opt-Out Date”), or (2) received by the Claims Administrator by the Opt- Out Date, provided, however, that if a Settlement Class Member mails a Request for Exclusion must pursuant to option (1), it will be postmarked effective only if received by the Response Deadline. 8.5.2Claims Administrator on or before ten (10) calendar days after the Opt-Out Date. The Request Claims Administrator shall provide to counsel for Hitachi Chemical all Requests for Exclusion must: (1) contain the name, addressand documents submitted therewith, and the last four digits Claims Administrator shall prepare a summary of the Social Security Number opt-outs to be filed with the Court. With the Motion for Final Judgement, Class Counsel will file with the Court a complete list of the person requesting exclusion; (2) state the Class Member’s request to exclude himself or herself from the Settlement and to opt out of the Settlement; (3) be signed by the Class Member or his or her lawful representative; and (4) be postmarked, faxed, or emailed by the Response Deadline. Any Class Member who submits a completed, signed and timely written Request for Exclusion shall no longer be a member of the Class, shall be barred from participating in this Settlement with respect to the Individual Class Payments, shall be barred from objecting to this Settlement, and shall receive no benefit from this Settlement, except as set forth in Section 8.5.2.1. Any untimely or incomplete Opt Out shall be considered null and void. If a Class Member submits both a completed, signed and timely Proof of Work and a completed, signed and timely Opt Out, then the Opt Out shall be deemed invalid, and the Class Member shall be a Settlement Class Member and participate in this Settlement. 8.5.2.1. A valid Request Requests for Exclusion from the Class does not affect Settlement Class, including only the Released PAGA Claimsname, which shall be binding on all Aggrieved Employees regardless city and state of the requested person or entity requesting exclusion. The Settlement Administrator shall notify Class Counsel and Defense Counsel of the number of timely Persons who opt-outs within seven (7) days after the Response Deadline. 8.5.3. Every Class Member who does out are not submit a timely and valid Request for Exclusion is deemed to be a Participating Class Member under this Agreement, entitled to all benefits and bound by all terms and conditions of any monetary award from the Settlement, including the Participating Class Members’ Releases under Section 6.2 of this Agreement, regardless whether the Participating Class Member actually receives the Class Notice or objects to the SettlementSettlement Fund. 8.5.4. Every Class Member who submits a valid and timely Request for Exclusion is a Non-Participating Class Member and shall not receive an Individual Class Payment or have the right to object to the class action components of the Settlement. Because future PAGA claims are subject to claim preclusion upon entry of the Judgment, Non-Participating Class Members who are Aggrieved Employees are deemed to release the claims identified in Paragraph 6.3 of this Agreement and are eligible for an Individual PAGA Payment.

Appears in 1 contract

Sources: Settlement Agreement

Requests for Exclusion (Opt-Outs). 8.5.1. Any Class Members Member who wish wishes to exclude themselves be excluded from (opt-or opt out of) of the Class Settlement must send the Administratorsubmit a written, by mail, a signed written Request for Exclusion postmarked to the Class Counsel no later than 45 calendar days following the Notice Date (or other date required by the Response Court) (the “Opt-Out Deadline”). A The Request for Exclusion is must set forth the following: i. the name of this Action (“▇▇▇▇ ▇. L’Occitane, Inc.”); ii. the full name, address, and telephone number of the person requesting to be excluded; iii. the words “Request for Exclusion” at the top of the document; and iv. a letter declaration stating “I request that I be excluded from a Class Member or his/her representative the Settlement in ▇▇▇▇ ▇. L’Occitane, Inc., Los Angeles Superior Court Case No. BC491880. I understand that reasonably communicates the Class Member’s election by requesting to be excluded from the Settlement and includes Class, I will not receive any benefits under the Class Member’s name, address and email address or telephone number. To be valid, a Settlement.” The Request for Exclusion must be postmarked by the Response Deadline. 8.5.2. The Request for Exclusion must: (1) contain the name, address, and the last four digits of the Social Security Number of the person requesting exclusion; (2) state the Class Member’s request to exclude himself or herself from the Settlement and to opt out of the Settlement; (3) be personally signed by the Class Member or his or her lawful representativewho seeks to opt out; and (4) be postmarked, faxed, or emailed by the Response Deadline. Any no Class Member who submits may opt out by having a completed, signed and timely written Request for Exclusion shall no longer be a member request to opt out submitted by an actual or purported agent or attorney acting on behalf of the Class, shall Class Member. No opt out request may be barred from participating in this Settlement with respect to the Individual made on behalf of a group of Class Payments, shall be barred from objecting to this Settlement, and shall receive no benefit from this Settlement, except as set forth in Section 8.5.2.1Members. Any untimely or incomplete Opt Out shall be considered null and void. If a Class Member submits both a completed, signed and timely Proof of Work and a completed, signed and timely Opt Out, then the Opt Out shall be deemed invalid, and the Class Member shall be a Settlement Class Member and participate in this Settlement. 8.5.2.1. A valid Request for Exclusion from the Class does not affect the Released PAGA Claims, which shall be binding on all Aggrieved Employees regardless of the requested exclusion. The Settlement Administrator shall notify Class Counsel and Defense Counsel of the number of timely opt-outs within seven (7) days after the Response Deadline. 8.5.3. Every Each Class Member who does not submit a timely and valid Request for Exclusion is substantially in compliance with this Section within the deadline set by the Court shall be deemed to be a Participating Class Member under participate in the Settlement and all releases provided in this Agreement. For purposes of determining timeliness, entitled to all benefits and bound by all terms and conditions of the Settlement, including the Participating Class Members’ Releases under Section 6.2 of this Agreement, regardless whether the Participating Class Member actually receives the Class Notice or objects to the Settlement. 8.5.4. Every Class Member who submits a valid and timely Request Requests for Exclusion is shall be deemed to have been submitted on the date postmarked by the postal service or other expedited delivery service. After conferring with Defense Counsel regarding the exclusions mailed pursuant to this Section, Class Counsel shall file a Non-Participating Class Member and shall not receive an Individual Class Payment or have the right to object to the class action components list of the Settlement. Because future PAGA claims are subject to claim preclusion upon entry of the Judgment, Non-Participating Class Members who are Aggrieved Employees are deemed have timely and validly excluded themselves as part of or a supplement to release Plaintiff’s Motion for Final Approval of the claims identified Settlement as set forth in Paragraph 6.3 of this Agreement and are eligible for an Individual PAGA PaymentSection 3.9.

Appears in 1 contract

Sources: Settlement Agreement

Requests for Exclusion (Opt-Outs). 8.5.1. Any Class Members who wish Member that wishes to exclude themselves seek exclusion from the Settlement Class by “opting out” must timely submit a written request for Exclusion to the Claims Administrator (opt-out of) the Class Settlement must send the Administrator, by mail, a signed written Request for Exclusion postmarked by the Response DeadlineExclusion”). A Request To be effective, such Requests for Exclusion is a letter from a Class Member or his/her representative that reasonably communicates must state: the Settlement Class Member’s election full legal name, address and telephone number; that the Class Member purchased Capacitors indirectly from one or more Distributor who themselves purchased from one of the Defendants during the Class Period; and that the Class Member (1) wants to be excluded from the Settlement In re Capacitors Antitrust Litigation – Indirect Purchaser Actions class action settlement with ▇▇▇▇▇▇▇ and includes (2) understands that by so doing, the Class Member’s name, address and email address Member will not be able to get any money or telephone numberbenefits from the settlement with Shinyei under the Settlement Agreement. To be valid, a Request All Requests for Exclusion must be postmarked by the Response Deadline. 8.5.2. The Request for Exclusion must: (1) contain the namesigned and dated LAW OFFICES COTCHETT, address, and the last four digits of the Social Security Number of the person requesting exclusion; (2) state the Class Member’s request to exclude himself or herself from the Settlement and to opt out of the Settlement; (3) be signed ▇▇▇▇▇ & by the Class Member or his its officer or her lawful legal representative; , and be (41) mailed to the Claims Administrator via First Class United States Mail (or United States Mail for overnight delivery) and postmarked by a date certain to be postmarked, faxedspecified on the Notice, or emailed (2) received by the Response Deadline. Any Class Member who submits a completedClaims Administrator by that date, signed and timely written Request for Exclusion shall no longer be a member of the Classprovided, shall be barred from participating in this Settlement with respect to the Individual Class Paymentshowever, shall be barred from objecting to this Settlement, and shall receive no benefit from this Settlement, except as set forth in Section 8.5.2.1. Any untimely or incomplete Opt Out shall be considered null and void. If that if a Class Member submits both a completedmails the Opt-Out Statement pursuant to option (1), signed and timely Proof of Work and a completed, signed and timely Opt Out, then it will be effective only if received by the Opt Out shall be deemed invalid, and the Class Member shall be a Settlement Class Member and participate in this Settlement. 8.5.2.1. A valid Request for Exclusion from the Class does not affect the Released PAGA Claims, which shall be binding Claims Administrator on all Aggrieved Employees regardless of the requested exclusion. The Settlement Administrator shall notify Class Counsel and Defense Counsel of the number of timely opt-outs within seven or before ten (710) calendar days after the Response Deadline. 8.5.3end of the Opt-Out Period. Every Class Member Persons who does opt out are not submit a timely and valid Request for Exclusion is deemed to be a Participating Class Member under this Agreement, entitled to all benefits and bound by all terms and conditions of any monetary award from the Settlement, including the Participating Class Members’ Releases under Section 6.2 of this Agreement, regardless whether the Participating Class Member actually receives the Class Notice or objects to the SettlementSettlement Fund. 8.5.4. Every Class Member who submits a valid and timely Request for Exclusion is a Non-Participating Class Member and shall not receive an Individual Class Payment or have the right to object to the class action components of the Settlement. Because future PAGA claims are subject to claim preclusion upon entry of the Judgment, Non-Participating Class Members who are Aggrieved Employees are deemed to release the claims identified in Paragraph 6.3 of this Agreement and are eligible for an Individual PAGA Payment.

Appears in 1 contract

Sources: Settlement Agreement

Requests for Exclusion (Opt-Outs). 8.5.1. Any Settlement Class Members who wish Member that wishes to exclude themselves seek exclusion from the Settlement Class by “opting out” must timely submit a written request for exclusion to the Claims Administrator (opt-out ofa “Request for Exclusion”), notice of which will be provided as described in Exhibit A. To be effective, such Requests for Exclusion must state: (a) the Class Settlement must send the Administrator, by mail, a signed written Request for Exclusion postmarked by the Response Deadline. A Request for Exclusion is a letter from a Class Member or his/her representative that reasonably communicates the Class Member’s election full legal name, address and telephone number; (b) that the Settlement Class Member’s information was published on Giftly’s website; and (c) a statement that the Settlement Class Member (i) wants to be excluded from the WeCare RG, Inc., et al. v. Giftly Inc. class action settlement with Giftly, and (ii) understands that by so doing, the Settlement Class Member will not be able to receive any benefits from the settlement with Giftly under the Settlement Agreement. All Requests for Exclusion must be signed and includes dated by the Settlement Class Member’s nameMember or its officer or legal representative, address and email address be (A) mailed to the Claims Administrator via First Class United States Mail (or telephone number. To United States Mail for overnight delivery) and postmarked by a date certain to be validspecified on the Court-approved notice to the Settlement Class (the “Opt-Out Date”), or (B) received by the Claims Administrator by the Opt-Out Date, provided, however, that if a Settlement Class Member mails a Request for Exclusion must pursuant to option (A), it will be postmarked effective only if received by the Response Deadline. 8.5.2Claims Administrator on or before ten (10) calendar days after the Opt-Out Date. The Request Claims Administrator shall provide to counsel for Giftly all Requests for Exclusion must: (1) contain the name, addressand documents submitted therewith, and the last four digits Claims Administrator shall prepare a summary of the Social Security Number opt-outs to be filed with the Court. With the Motion for Final Judgment, Class Counsel will file with the Court a complete list of the person requesting exclusion; (2) state the Class Member’s request to exclude himself or herself from the Settlement and to opt out of the Settlement; (3) be signed by the Class Member or his or her lawful representative; and (4) be postmarked, faxed, or emailed by the Response Deadline. Any Class Member who submits a completed, signed and timely written Request for Exclusion shall no longer be a member of the Class, shall be barred from participating in this Settlement with respect to the Individual Class Payments, shall be barred from objecting to this Settlement, and shall receive no benefit from this Settlement, except as set forth in Section 8.5.2.1. Any untimely or incomplete Opt Out shall be considered null and void. If a Class Member submits both a completed, signed and timely Proof of Work and a completed, signed and timely Opt Out, then the Opt Out shall be deemed invalid, and the Class Member shall be a Settlement Class Member and participate in this Settlement. 8.5.2.1. A valid Request Requests for Exclusion from the Class does not affect Settlement Class, including only the Released PAGA Claimsname, which shall be binding on all Aggrieved Employees regardless city, and state of the requested person or entity requesting exclusion. The Settlement Administrator shall notify Class Counsel and Defense Counsel of the number of timely Persons who opt-outs within seven (7) days after the Response Deadline. 8.5.3. Every Class Member who does out are not submit a timely and valid Request for Exclusion is deemed to be a Participating Class Member under this Agreement, entitled to all benefits and bound by all terms and conditions of the Settlement, including the Participating Class Members’ Releases under Section 6.2 of this Agreement, regardless whether the Participating Class Member actually receives the Class Notice any award or objects to benefit from the Settlement. 8.5.4. Every Class Member who submits a valid and timely Request for Exclusion is a Non-Participating Class Member and shall not receive an Individual Class Payment or have the right to object to the class action components of the Settlement. Because future PAGA claims are subject to claim preclusion upon entry of the Judgment, Non-Participating Class Members who are Aggrieved Employees are deemed to release the claims identified in Paragraph 6.3 of this Agreement and are eligible for an Individual PAGA Payment.

Appears in 1 contract

Sources: Settlement Agreement

Requests for Exclusion (Opt-Outs). 8.5.1. Any Class Members Member who wish wishes to exclude themselves from (opt-out of) of the Class Settlement must send do so on or before the AdministratorExclusion/Objection Deadline specified in the Class Notice in the manner laid out in the Class Notice. 1. In order to become an Opt-Out, by mail, a signed written Request for Exclusion postmarked by the Response Deadline. A Request for Exclusion is a letter from a Class Member or his/her representative that reasonably communicates the Class Member’s election must mail a request for exclusion to be excluded from the Settlement and includes Administrator with a post-mark date no later than the Class Member’s name, address and email address or telephone numberExclusion/Objection Deadline. To be valid, a Request The request for Exclusion exclusion must be postmarked by the Response Deadline. 8.5.2. The Request for Exclusion must: (1) contain the name, address, and the last four digits of the Social Security Number of the person requesting exclusion; (2) state the Class Member’s request to exclude himself or herself from the Settlement and to opt out of the Settlement; (3) be personally signed by the Class Member and include all information specified in the Class Notice. Opt-Outs may opt-out of the Class only on an individual basis; so-called “mass” or his “class” opt-outs shall not be allowed and shall be of no force or her lawful representative; and (4) be postmarkedeffect. For the avoidance of doubt, faxedno Class Member, or emailed by the Response Deadline. Any any person acting on behalf of or in concert with that Class Member who submits Member, may submit a completed, signed and timely written Request request for Exclusion shall no longer be a member exclusion of the Class, shall be barred from participating in this Settlement with respect to the Individual any other Class Payments, shall be barred from objecting to this Settlement, and shall receive no benefit from this Settlement, except as set forth in Section 8.5.2.1. Any untimely or incomplete Opt Out shall be considered null and voidMember. If a Class Member submits both a completed, signed and timely Proof of Work request for exclusion and a completedClaim Form, signed and timely Opt Out, then the Opt Out Claim Form shall be deemed invalid, take precedence and the Class Member shall not be a Settlement deemed to have validly excluded themselves from the Settlement. In the event that two Class Members are co-borrowers on the same Mortgage account and one Class Member and participate in this Settlement. 8.5.2.1. A valid Request for Exclusion from the Class does not affect the Released PAGA Claims, which shall be binding on all Aggrieved Employees regardless of the requested exclusion. The Settlement Administrator shall notify Class Counsel and Defense Counsel of the number of timely opt-outs within seven (7) days after the Response Deadline. 8.5.3. Every Class Member who does not submit a timely and valid Request for Exclusion is deemed to be a Participating Class Member under this Agreement, entitled to all benefits and bound by all terms and conditions opts out of the Settlement, including the Participating both Class Members’ Releases under Section 6.2 of this Agreement, regardless whether the Participating Members will be treated as opt-outs and neither Class Member actually receives the Class Notice or objects will be eligible to the Settlementreceive a Settlement payment. 8.5.42. Every No later than five (5) Days after the Exclusion/Objection Deadline, the Settlement Administrator shall provide Class Member who submits Counsel and Counsel for ▇▇▇▇▇ Fargo a valid complete and timely Request final list of Opt-Outs. With the Motion for Exclusion is a Non-Participating Class Member and shall not receive an Individual Class Payment or have the right to object to the class action components Final Approval of the Settlement. Because future PAGA claims are subject to claim preclusion upon entry , Class Counsel will file with the District Court a complete list of Opt-Outs, including the name, city, and state of the Judgmentperson requesting exclusion (the “Opt-Out List”). a. With respect to any Opt-Outs, Non▇▇▇▇▇ Fargo reserves all legal rights and defenses, including, but not limited to, any defenses relating to whether the person qualifies as a Class Member and/or has standing to bring any claim. ▇. ▇▇▇▇▇ Fargo may challenge the validity of any Opt-Participating Out by filing a motion with the Court within five (5) Days of the Settlement Administrator providing Counsel for ▇▇▇▇▇ Fargo a complete and final list of Opt-Outs. The Court shall have jurisdiction to resolve any disputes regarding the validity of Opt-Outs. Any decision by ▇▇▇▇▇ ▇▇▇▇▇ not to dispute an Opt-Out shall not be a waiver, determination, or preclusive finding against the Class Members who are Aggrieved Employees are deemed to release Releasees in any proceeding. c. In the claims identified event that the number of Opt-Outs meets the conditions set forth in Paragraph 6.3 of a confidential supplemental letter agreement between the Parties, ▇▇▇▇▇ Fargo, in its sole discretion, may terminate this Agreement and are eligible for an Individual PAGA Paymentpursuant to Paragraph VIII.E. The supplemental letter shall not be submitted to the Court except in the event of a dispute thereunder or a separate Court order, in which case the Parties shall seek to file it only under seal.

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Sources: Settlement Agreement