IN THE CIRCUIT COURT IN AND FOR ORANGE COUNTY, FLORIDA CIVIL DIVISION BOUCHARD, Shane, et. al., on behalf of themselves and all others similarly situated, Plaintiffs, v. THE RYLAND GROUP, INC. and Larry NICHOLSON, Defendants. ________________________________________/
EXERCISE OF RIGHT NOT TO PARTICIPATE IN CLASS ACTION SETTLEMENT (“OPT OUT” FORM)
SEND THIS FORM TO THE ADMINISTRATOR AT THE ADDRESS BELOW ONLY IF YOU WISH TO EXCLUDE YOURSELF FROM THE CLASS ACTION SETTLEMENT I have received the Notice of the Class Action Settlement in the lawsuit identified above, and understand that I may be a member of the Settlement Class and may be entitled to a monetary distribution from the Settlement Fund under the Settlement Agreement. Nonetheless, I do not wish to remain a member of the Settlement Class. I understand that by signing and mailing this Opt Out form: I will not receive any monetary distribution from the Settlement Fund regardless of whether I otherwise may have had a valid claim entitling me to a distribution; I will not be represented by the attorneys for the Class members; and I may pursue at my own expense, whatever claims I may have against the Defendants identified above, but that, if I choose to do so, I will be required to prove any claim I might file, and any such claim would be subject to any defenses The Ryland Group, Inc. or Larry Nicholson may have.
I understand that, if this Opt Out is invalid for any reason, I will be governed by all of the terms and conditions of the Settlement Agreement, including the Release contained therein. This opt out will be invalid if the Ryland home that is the subject of this lawsuit is (or was) jointly owned by me and anyone else, and each such joint owner does not also join in this Opt Out by signing this form below. This Opt Out form also will be invalid if it is not received by the Administrator, John Briggs, at Upchurch Watson White & Max Mediation Group, 1060 Maitland Center Commons, Suite 440, Maitland, Florida 32751, on or before ____________ __, 2008. Understanding all of the foregoing, each of the undersigned Class Members (including each joint owner) hereby exercises his or her desire to opt out of the Settlement Class. __________________________________ Signature of Class Member
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_______________________________________ Signature of Class Member (Joint Owner) 1
__________________________________ Printed Name of Class Member __________________________________ Address of Class Member __________________________________ Telephone Number(s) of Class Member __________________________________ Date
_______________________________________ Printed Name of Class Member (Joint Owner) _______________________________________ Address of Class Member (Joint Owner) _______________________________________ Telephone Number(s) of Class Member (Joint Owner) _______________________________________ Date
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