Common use of Written Objections Clause in Contracts

Written Objections. Any proposed Settlement Class Member who has not timely submitted a written request for exclusion from the Settlement Class, and thus is a likely Settlement Class Member at the time of the Fairness Hearing, may object to the fairness, reasonableness, or adequacy of the Agreement, the Fee Application and Service Payment Application. Any Settlement Class Member who wishes to object to the Settlement, must file his or her objection with the Court (together with any briefs, papers, statements, or other materials that the Settlement Class Member wishes the Court to consider) and serve the objection on proposed Class Counsel and Defendants’ Counsel at the addresses specified in the Class Notice, postmarked no later than thirty (30) days before the Fairness Hearing. The objection must be personally signed by the objector, and must include: (1) a caption or title identifying that it is an objection in this case; 2) the objector’s contact information, including name, address, telephone number, and email address, as well as the contact information of any attorneys who participated, in any way, in the preparation of the objection (“Objecting Attorneys”); 3) information that establishes the objector’s membership in the Settlement Class, such as the ClaimID included on the Notice received by the objector, or other evidence indicating that the objector paid a Resort Fee at a particular Wyndham-affiliated Hotel on a date within the Class Period; 4) a clear and concise statement of the objection, including the legal or factual grounds for it, and a statement indicating whether the objection applies only to the objector, to a subset of the Settlement Class, or to the entire Settlement Class; 5) a statement identifying any other settlements within the previous five years to which the objector or his or her Objecting Attorneys also objected, including case captions and copies of any orders by trial or appellate courts related to or ruling upon the objector’s objections in those previous cases; 6) identification of any and all agreements related to the objection between the objector and an Objecting Attorney, including any agreements regarding compensation for the Objecting Attorney; and 7) a statement indicating whether the objector intends to appear at the Fairness Hearing either personally or through an attorney, and if so, the identities of any persons who the objector intends to call to testify regarding the objection. If a Settlement Class Member or any of the Objecting Attorneys has objected or threatened object to any class action settlement where the objector or the Objecting Attorneys asked for or received any payment in exchange for foregoing or dismissing the objection, or any related appeal, without any modification to the settlement, then the objection must include a statement identifying each such case by full case caption. Any objection not timely made in this manner shall be waived and forever barred.

Written Objections. Any proposed Settlement Class Member who has not timely submitted a written request for exclusion from the Settlement Class, and thus is a likely Settlement Class Member at the time of the Fairness HearingMember, may object to the fairness, reasonableness, or adequacy of the Agreement, or the Fee Application and Service Payment Expense Application. Any Settlement Class Member who wishes to object to the Settlement, must file submit his or her objection with the Court (together with any briefsin writing to Class Counsel, papersAttn: ▇▇▇▇ ▇. ▇▇▇▇▇, statements▇▇▇▇▇▇▇ ▇▇▇▇▇ Sweet ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇, or other materials that the Settlement Class Member wishes the Court to consider) and serve the objection on proposed Class Counsel and Defendants’ Counsel at the addresses specified in the Class NoticeLLP, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, postmarked no later than thirty seventy-five (3075) days before after entry of this Order. Class Counsel will file copies with the Fairness HearingCourt via ECF. The objection must be personally signed by the objector, and must include: (1) a caption or title identifying that it is an objection in this case; 2) the objector’s contact informationname and address; (2) an explanation of the basis upon which the objector claims to be a Settlement Class Member, including namethe ▇▇▇▇▇▇ Magazine to which he or she is or was a subscriber; (3) all grounds for the objection, address, telephone number, including all citations to legal authority and email address, as well as evidence supporting the objection; (4) the name and contact information of any and all attorneys who participatedrepresenting, advising, or in any way, way assisting the objector in connection with the preparation or submission of the objection or who may profit from the pursuit of the objection (the “Objecting Attorneys”); 3) information that establishes the objector’s membership in the Settlement Class, such as the ClaimID included on the Notice received by the objector, or other evidence indicating that the objector paid a Resort Fee at a particular Wyndham-affiliated Hotel on a date within the Class Period; 4) a clear and concise statement of the objection, including the legal or factual grounds for it, and a statement indicating whether the objection applies only to the objector, to a subset of the Settlement Class, or to the entire Settlement Class; (5) a statement identifying any other settlements within the previous five years to which the objector or his or her Objecting Attorneys also objected, including case captions and copies of any orders by trial or appellate courts related to or ruling upon the objector’s objections in those previous cases; 6) identification of any and all agreements related to the objection between the objector and an Objecting Attorney, including any agreements regarding compensation for the Objecting Attorney; and 7) a statement indicating whether the objector intends to appear at the Fairness Final Approval Hearing (either personally or through counsel who files an attorney, and if so, appearance with the identities of any persons who Court in accordance with the objector intends to call to testify regarding the objectionLocal Rules). If a Settlement Class Member or any of the Objecting Attorneys has objected or threatened object to any class action settlement where the objector or the Objecting Attorneys asked for or received any payment in exchange for foregoing or dismissing dismissal of the objection, or any related appeal, without any modification to the settlement, then the objection must include a statement identifying each such case by full case caption. Any objection not timely made in this manner shall be waived and forever barred.