Objection to Class Action Settlement - Arizona

OBJECTION OF [CLASS MEMBER NAME] TO PROPOSED CLASS ACTION SETTLEMENT

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [________________________________]

Case No.: [________________________________]

Assigned Judge: Hon. [________________________________]

OBJECTION OF [CLASS MEMBER NAME] TO PROPOSED CLASS ACTION SETTLEMENT

[________________________________] ("Objector"), a member of the Settlement Class in the above-captioned action, respectfully submits this Objection to the proposed class action settlement (the "Settlement") and to any related request for attorney's fees, costs, and class representative incentive payments, pursuant to Ariz. R. Civ. P. 23(e)(5). In support, Objector states as follows.

I. OBJECTOR'S IDENTITY, ADDRESS, AND PROOF OF CLASS MEMBERSHIP

Full Legal Name: [________________________________]

Mailing Address:
[________________________________]
[________________________________]

Telephone: [____] · Email: [____]

Proof of Class Membership. Objector is a member of the Settlement Class because [________________________________] (e.g., "Objector purchased [product] in Arizona on or about [__/__/____]" / "Objector received the class notice bearing Notice/Claimant ID [____]"). In support, Objector attaches and relies on:

☐ Class notice / Notice or Claimant ID: [________________________________]
☐ Receipt(s) or proof of purchase or transaction
☐ Account, billing, or contract record
☐ Correspondence with the Defendant
☐ Other: [________________________________]

Objector has not requested exclusion (opt-out) from the Settlement Class and remains a Class Member entitled to object.

Scope of this Objection (required by Ariz. R. Civ. P. 23(e)(5)(A)). This Objection applies to:

☐ Only the Objector;
☐ A specific subset of the Class, namely [________________________________]; or
☐ The entire Class.

II. STATEMENT REGARDING APPEARANCE AT THE FAIRNESS HEARING

☐ Objector (and/or Objector's counsel) INTENDS to appear at the Fairness/Final Approval Hearing set for [__/__/____] at [____] a.m./p.m. and requests permission to be heard.

☐ Objector DOES NOT intend to appear and submits this Objection for the Court's consideration on the papers.

III. THE OBJECTIONS

Under Ariz. R. Civ. P. 23(e)(2), the Court may approve the Settlement only after a hearing and only on finding that it is fair, reasonable, and adequate after considering whether (A) the class representatives and class counsel have adequately represented the Class; (B) the proposal was negotiated at arm's length; (C) the relief provided for the Class is adequate, taking into account the costs, risks, and delay of trial and appeal, the effectiveness of any proposed method of distributing relief (including claims processing), the terms of any proposed attorney's-fee award (including timing of payment), and any agreement required to be identified under Rule 23(e)(3); and (D) the proposal treats Class Members equitably relative to each other.

Objector contends the Settlement fails that standard and states with specificity (Ariz. R. Civ. P. 23(e)(5)(A)) the following grounds (check all that apply and complete the supporting argument):

☐ Inadequate relief (Rule 23(e)(2)(C)). The relief is inadequate because [________________________________]. The Settlement Fund of $[____] represents only approximately [____]% of the Class's realistic recovery; the estimated per-member payment of $[____] is disproportionately low; and/or the method of distributing relief is ineffective because [________________________________].

☐ Excessive attorney's fees / incentive payments (Rule 23(e)(2)(C)(iii); Rule 23(h)). The requested attorney's fees of $[____] ([____]% of the Fund) and/or incentive payment(s) of $[____] are excessive relative to the benefit actually delivered to the Class because [________________________________].

☐ Unfair allocation or overbroad release (Rule 23(e)(2)(D)). The plan of allocation treats Class Members inequitably because [________________________________]; and/or the release is overbroad because it surrenders claims [beyond those pleaded / unrelated in time or subject matter / against non-parties], specifically [________________________________].

☐ Defective notice (Rule 23(c)(2); Rule 23(e)(1)). The class notice failed to provide the best notice practicable / plain-language disclosure because [it did not reach a substantial portion of the Class / did not plainly describe the released claims, deadlines, or the right to object / used an inadequate method], specifically [________________________________].

☐ Improper cy pres / residual funds (Rule 23(i)). Any distribution of residual or unclaimed funds to [________________________________] is improper because the recipient lacks a substantial nexus to the Class and the claims, or because funds reachable by Class Members are being diverted; and/or any residual funds not subject to a statutory directive must be disbursed to the Arizona Foundation for Legal Services and Education unless the parties jointly direct otherwise, contrary to the proposal here, specifically [________________________________].

☐ Collusion / lack of arm's-length negotiation (Rule 23(e)(2)(A), (B)). The Settlement bears indicia of self-dealing or a non-arm's-length / reverse-auction negotiation because [________________________________] (e.g., a "clear-sailing" fee clause, a fee-reversion or "kicker" clause, simultaneous fee negotiation, or a disclosed side agreement under Rule 23(e)(3)).

☐ Inadequate representation (Rule 23(e)(2)(A)). The Class Representative(s) and/or Class Counsel did not adequately represent the Class because [________________________________].

☐ Other: [________________________________]

Supporting Argument

[________________________________]

[________________________________]

Because the Settlement is not fair, reasonable, and adequate under Ariz. R. Civ. P. 23(e)(2), the Court should decline to approve it, or should approve it only as modified to cure the deficiencies identified above.

IV. DOCUMENTS AND EVIDENCE TO BE PRESENTED

Objector relies on, and (if appearing) may present, the following:

Exhibits:

1. [________________________________]
2. [________________________________]

Witnesses (if appearing):

1. [________________________________]
2. [________________________________]

Objector reserves the right to supplement this list consistent with the Court's order and to rely on the papers, arguments, and evidence presented by any other objector and by the parties.

V. RESERVATION OF RIGHTS AND REQUEST FOR RELIEF

Objector reserves all rights, including the right to be heard at the Fairness Hearing, to seek settlement-related discovery to the extent the Court permits, to supplement or amend this Objection, to join in the objections of other Class Members, and to appeal from any order or judgment approving the Settlement. Objector acknowledges that, under Ariz. R. Civ. P. 23(e)(5)(A), this Objection may be withdrawn only with the Court's approval, and that, under Rule 23(e)(5)(B), no payment or other consideration may be provided to Objector or Objector's counsel in connection with forgoing or withdrawing this Objection, or forgoing, dismissing, or abandoning an appeal, unless the Court approves it after a hearing. Submitting this Objection does not otherwise waive any of Objector's rights.

WHEREFORE, Objector respectfully requests that the Court:

☐ DECLINE to approve the proposed Settlement as not fair, reasonable, and adequate under Rule 23(e)(2);

☐ APPROVE the Settlement only if modified to: [________________________________];

☐ REDUCE the requested attorney's fees to $[____] and/or the incentive payment(s) to $[____];

☐ NARROW the release to exclude [________________________________];

☐ DIRECT residual funds consistent with Rule 23(i);

☐ Grant such other relief as the Court deems just.

Respectfully submitted,

Dated: [__/__/____]

[________________________________]
[CLASS MEMBER NAME], Objector

[________________________________]
[ATTORNEY NAME] (Ariz. Bar No. [________])
Attorney for Objector [CLASS MEMBER NAME]
[Firm Name]
[Address] · [City, AZ ZIP]
Telephone: [____] · Email: [____]

CERTIFICATE OF SERVICE

I certify that on [__/__/____], I filed the foregoing Objection with the Clerk of the Superior Court and served a copy on the following by the method(s) indicated, consistent with the Court's order directing notice:

Filed with the Court:
☐ AZTurboCourt / electronic filing (Ariz. R. Civ. P. 5; mandatory e-filing where applicable)
☐ Hand delivery to the Clerk
☐ First-class U.S. Mail

Clerk of the Superior Court, [________] County
[Courthouse address]

Served on Class Counsel:
☐ Electronic service ☐ Email ☐ First-class U.S. Mail

[________________________________]

Served on Defendant's Counsel:
☐ Electronic service ☐ Email ☐ First-class U.S. Mail

[________________________________]

Served on the Settlement Administrator (if the notice so directs):

[________________________________]

[________________________________]
Signature

Arizona Practice Notes

• Governing rule. Arizona class actions proceed under Ariz. R. Civ. P. 23 in the Superior Court. Rule 23 was added effective Jan. 1, 2017 and amended effective Jan. 1, 2021 and Jan. 1, 2025 to track the 2018 federal Rule 23 amendments.
• Modern settlement-approval framework. Rule 23(e)(2) permits approval only after a hearing and only on finding the proposal fair, reasonable, and adequate, after considering the enumerated factors: (A) adequacy of representation; (B) arm's-length negotiation; (C) adequacy of relief — costs/risks/delay of trial and appeal, effectiveness of distribution (including claims processing), terms of any fee award (including timing), and any agreement identified under Rule 23(e)(3); and (D) equitable treatment of class members. Brief the objection to these specific factors.
• Objection content — state with specificity. Rule 23(e)(5)(A) requires that the objection state whether it applies to the objector, a subset of the class, or the entire class, and state with specificity the grounds for the objection, and be signed by the objector. Conclusory objections risk being disregarded — tie each ground to a Rule 23(e)(2) factor with supporting facts and authority.
• Objection deadline / content beyond the rule. The rule sets the specificity requirement; the deadline, filing/mailing destination, and any "intent to appear" requirement come from the court's notice/approval order and the approved class notice. Follow them exactly.
• Must-appear rule. Arizona Rule 23(e)(5) does not require a personal appearance to preserve an objection; appearance is governed by the court's order. If you wish to be heard, comply with any intent-to-appear directive.
• Withdrawal-for-payment (key Arizona feature). Under Rule 23(e)(5)(A), an objection may be withdrawn only with the court's approval; and under Rule 23(e)(5)(B), no payment or other consideration may be provided in connection with forgoing/withdrawing an objection, or forgoing/dismissing/abandoning an appeal, unless the court approves after a hearing. If approval is sought after a notice of appeal is filed, Rule 23(e)(5)(C) supplies a revesting procedure: the superior court may defer, deny, or indicate it would grant or that the motion raises a substantial issue, and the movant then moves the Court of Appeals under Ariz. R. Civ. App. P. 3(b) to suspend the appeal and revest jurisdiction. This restrains "objector blackmail."
• Lettering / appeals. Arizona uses Rule 23(g) for class counsel and Rule 23(h) for attorney's fees (a fee motion is made under Rule 54(g); a class member may object to it). On appeals, Rule 23(f) provides that an order certifying or denying class status is appealable in the same manner as a final order or judgment under A.R.S. § 12-1873, with an automatic stay of discovery and proceedings (the court may permit discovery to continue) — this is not the federal discretionary 23(f) petition. An objector overruled at final approval may appeal from the approval judgment.
• Residual funds (Arizona-specific). Rule 23(i) directs that residual funds not subject to a statutory directive be disbursed, unless the parties jointly direct otherwise, to the Arizona Foundation for Legal Services and Education for grants to Arizona legal-services nonprofits serving low-income residents. Object if the proposal diverts residual funds contrary to Rule 23(i) or to an improperly-tethered cy pres recipient.
• Notice / due process. Class notice must provide the best notice practicable under Rule 23(c)(2) in plain, easily understood language (U.S. mail, electronic, or other appropriate means), satisfying due process (Mullane; Phillips Petroleum Co. v. Shutts).
• Unsettled / flag. Arizona's Rule 23 mirrors the 2018 federal amendments, but Arizona appellate gloss is limited; federal Rule 23 case law is persuasive but not binding. Verify the current text of Rule 23 (amended through Jan. 1, 2025) and conform to the court's approval order before filing.

Sources and References

• Ariz. R. Civ. P. 23 (full text; (e) settlement; (e)(2) factors; (e)(5) objections; (f) appeals; (g)/(h) counsel and fees; (i) residual funds) — Arizona Rules of Civil Procedure (Arizona Judicial Branch / Westlaw, effective Jan. 1, 2025)
• Ariz. R. Civ. P. 23 via Court Rules Network — https://www.courtrules.net/arizona/az-civil-procedure/rule-23
• A.R.S. § 12-1873 (appeal of class certification order); Ariz. R. Civ. App. P. 3(b) (suspending appeal / revesting jurisdiction)
• Fed. R. Civ. P. 23(e), (e)(2), (e)(5) (the federal source of the 2018/2021 amendments) — https://www.law.cornell.edu/rules/frcp/rule_23
• Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985); Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950)

This template is for informational purposes only and does not constitute legal advice. Arizona Rule 23(e) (amended eff. Jan. 1, 2021, tracking the 2018 federal amendments) requires objections to state grounds with specificity, permits withdrawal only with court approval, and requires court approval after a hearing for any payment to an objector. Consult experienced Arizona class action counsel before filing.