Simmons et al. v. Ambit Energy Holdings, LLC et al.

Supreme Court of the State of New York
Kings County

Index No. 503285/2015


11. How can an objection be made?

If you do not like the settlement, you may object to the settlement. You may not object to the settlement if you exclude yourself from the lawsuit by opting out or if you are not a Class Member. The Court will consider your views, but the settlement may still be approved in spite of your objections.

To object, you must file a written objection with the Clerk of the Court, and must also serve your written objection on the lawyers representing the Class and Ambit at the addresses below. Your objection must be filed with the Court and mailed so that it is received no later than May 18, 2018. Your objection must contain the following information: (a) Reference at the beginning to Simmons et al. v. Ambit Energy Holdings, LLC et al., Index No. 503285/2015, in Supreme Court of the State of New York, Kings County; (b) Your full name, address, and telephone number; (c) A written statement of all grounds for the objection, accompanied by any legal support for such objection; (d) Copies of any papers, briefs, or other documents upon which your objection is based; (e) A list of all persons who will be called to testify in support of the objection, if any; (f) A statement of whether you intend to appear at the Final Approval Hearing, and, if you intend to appear at the Final Approval Hearing through counsel, the identity of all attorneys representing you who will appear; (g) A statement of your membership in the Settlement Class, including all information required by the Claim Form; and (h) A detailed list of any other objections you or your counsel has submitted to any class actions in any court, whether state or federal, in the United States in the previous five (5) years, or a statement that you and your counsel have not objected to any other class action settlement in any court in the United States in the previous five (5) years.

If you wish to object to the settlement and you do not serve a written objection containing all of the information listed above, you will not be permitted to object to the settlement and will be foreclosed from seeking any review of the settlement by any means, including but not limited to an appeal. Members of the Settlement Class who do not timely make their objections in this manner will be deemed to have waived all objections and shall not be entitled to be heard at the Fairness Hearing.

You have the right to retain a lawyer at your own expense to file your objection. If your lawyer intends to appear at the Fairness Hearing, your lawyer must file and serve a notice of appearance with the Clerk of the Court.


Clerk of the Court
Supreme Court, Kings County
Supreme Court Complex
360 Adams Street
Brooklyn, NY 11201


Steven L. Wittels
Wittels Law, P.C.
18 Half Mile Road
Armonk, NY 

Jeffrey A. Klafter
Klafter Olsen & Lesser LLP
2 International Drive, Suite 350
10504 Rye Brook, NY 10573


Nicole L. Williams
Thompson & Knight LLP
1722 Routh Street, Suite 1500
Dallas, TX 75201

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