12. CAN I OBJECT TO THE SETTLEMENT, THE REQUESTED ATTORNEYS’ FEES AND EXPENSES, THE REQUESTED PAYMENT OF COSTS AND EXPENSES TO PLAINTIFF AND/OR THE PLAN OF ALLOCATION?
Yes. If you are a Class Member, you may object to the terms of the Settlement. Whether or not you object to the terms of the Settlement, you may also object to the requested attorneys’ fees, costs and expenses, the payment to Plaintiff for its time and expenses, and/or the Plan of Allocation. In order for any objection to be considered, you must file a written statement, accompanied by proof of Class membership, with the Court, and send a copy to Class Counsel by October 3, 2018. The Court’s address is Clerk of the Superior Court’s Office, Maricopa County, Arizona, 201 W. Jefferson St., Phoenix, AZ 85003, and Class Counsel’s address is Kimberly Donaldson Smith, Chimicles & Tikellis LLP, 361 W. Lancaster Avenue, Haverford, PA 19041. Attendance at the Final Approval Hearing is not necessary; however, persons wishing to be heard orally at the Final Approval Hearing are required to indicate in their written objection their intention to appear at the hearing and identify any witnesses they may call to testify and exhibits, if any, they intend to introduce into evidence. If you hire an attorney to represent you for the purposes of making an objection, the attorney must both effect service of a notice of appearance on counsel listed above and file it with the Court by no later than October 3, 2018.
In addition, upon the filing of an objection, Class Counsel may take the deposition of the objecting Class member pursuant to the Rules of Civil Procedure for the Superior Courts of Arizona at an agreed-upon time and location, and obtain any evidence relevant to the objection. Failure by an objector to make himself or herself available for a deposition or comply with expedited discovery may result in the Court striking the objection. The Court may tax the costs of any such discovery to the objector or the objector’s counsel if the Court determines that the objection is frivolous or is made for an improper purpose.