Any member of the Class who has not filed a written request for exclusion and who wishes to object to the fairness, reasonableness, or adequacy of the Settlement must serve a notice of intent to appear and/or object, together with copies of any papers the member of the Class intends to present to the Court in connection with such objection, on the Class Counsel and Defendant’s Counsel, no later than MAY 2, 2019

A copy of the notice of intent to appear and/or object and any accompanying papers must also be filed with the Court no later than MAY 2, 2019.


Seneca County Supreme Court
48 West Williams Street
Waterloo, NY 13165


Paul V. Nunes, Esquire
Underberg & Kessler LLP
300 Bausch & Lomb Place
Rochester, NY 14604

William D. Marler, Esquire
Marler Clark, LLP, PS
1012 First Ave, Fifth Floor
Seattle, WA 98104


Cheryl A. Possenti, Esquire
Goldberg Segalla
665 Main Street
Buffalo, New York 14203-1425

Class members may make such appearances or objections either on their own or through attorneys hired at their own expense.  If an attorney will represent any such Class member, he or she must do the following:

  1. file a notice of appearance with the Court no later than MAY 2, 2019, and
  2. serve a copy on the Class Counsel and on the Defendant’s Counsel. 

Any such Class Member or their counsel may, with notice, obtain access at the offices of Underberg & Kessler LLP, at the address listed above, to the complaints and answers thereto, if any, filed in this litigation and any orders entered in this litigation, and to such additional pleadings as may be agreed by the Defendant’s Counsel and the Class Counsel.

Only those Class Members who follow the procedures set forth above may appear at the Final Approval Hearing and/or have their objections considered by the Court. If you do not file an objection by MAY 2, 2019, you will not be entitled to be heard at the Final Approval Hearing, or to otherwise contest the approval of the Settlement, or to appeal from any orders or judgments of the Court entered thereon.

Any Class Member who does not appear individually or through counsel and/or who does not challenge the fairness, reasonableness or adequacy of the Settlement will be deemed to have waived and forfeited any and all rights that he or she may have to appear separately and/or object.