18. How do I object to the Court if I don’t like the Settlement?
If you’re a class member, you may object to any part of the settlement you don’t like, and the Court will consider your views. You must submit any objection in writing and must provide evidence of your membership in the Class. The procedures for submitting written objections are set out below. A written objection (and any support for it) must be filed with the Clerk of Court and received no later than October 19, 2017 (the “Objection Deadline”) by all of the following.
Evonne Mull, Clerk
Dougherty County Superior Court
P.O. Box 1827
Lawrence D. Silverman
ATTN: Sunbelt Settlement Objection
98 Southeast Seventh Street, Suite 1100
Miami, Florida, 33131
Oscar M. Price, IV
Price Armstrong, LLC
2421 2nd Ave S, Suite 1
Birmingham, Alabama 35203
If you hire an attorney in connection with making an objection, that attorney must file with the Court and serve on the counsel identified above a notice of appearance. The notice of appearance must be filed with the Court and received by the three addressees above no later than the Objection Deadline. If you do hire your own attorney, you will be responsible for payment of all fees and expenses that the attorney incurs on your behalf.
If you want to object, you must file your objection in writing to the Court. Your objection must include:
- a caption or title that identifies it as “Objection to Class Settlement in All-South Subcontractors, Inc., et al. v. Sunbelt Rentals, Inc., et al. (1:14-cv-1376-1)”;
- your full name, title, current address and telephone number;
- a copy of your contract(s) with Sunbelt and/or the date you entered into a contract with Sunbelt (or other information sufficient to identify your contract with Sunbelt);
- a notice of intention to appear, either in person or through an attorney, with the name, address and telephone number of the attorney, if any, who will appear;
- certification that you are a member of the Settlement Class;
- a statement of each objection you assert;
- a detailed description of the facts underlying each objection you assert;
- a detailed description of the legal authorities, if any, supporting each objection you assert;
- copies of exhibits and/or affidavits you may offer during the final approval hearing, if any;
- a list of all witnesses you may call to testify at the final approval hearing, along with a summary of each witness’s anticipated testimony, if any; and
- the signature, full name, firm name, and business address of all attorneys who have a financial interest in your objection.
If you make a written objection to the Settlement as set out above, you may request to speak — either in person or through an attorney hired at your own expense — at the Final Fairness Hearing the Court has set to consider whether to give final approval to the Settlement Agreement. You are not required to attend the hearing. Lack of attendance at the Final Fairness Hearing will not prevent the Court from considering your objection. If you (or your attorney) intend to speak at the Final Fairness Hearing, you must file with the Court and serve on the Settlement Administrator identified above a notice of intent to appear, and your attorney (if you hire one) must file a notice of appearance with the Clerk of Court. Again, the notice of intent to appear must be filed with the Court, and received by the parties above, no later than the Objection Deadline.
If you do not file an objection as described above, you will be deemed to have waived any and all objections to the Settlement, to have consented to the Court’s certification of and jurisdiction over the Settlement Class, and to have released the Claims as defined in the Settlement Agreement.