THE CLASS REPRESENTATIVES AT THE SETTLEMENT FAIRNESS HEARING, BUT ONLY IF SUCH
COMMENTS OR OBJECTIONS AND ANY SUPPORTING PAPERS ARE FILED WITH THE CLERK OF THE
COURT, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA, 300 S. 4TH
ST., MINNEAPOLIS, MINNESOTA, NO LESS THAN 14 DAYS BEFORE THE SETTLEMENT FAIRNESS
HEARING, AND BY THE SAME DATE, COPIES OF ALL SUCH PAPERS ARE SERVED ON EACH OF
THE FOLLOWING PERSONS:
Jane B. Stranch
BRANSTETTER, KILGORE, STRANCH & JENNINGS
227 Second Avenue, North, 4th Floor
Nashville, TN 37201-163 1
615.254.8801
/ 615.255.5419 (fax)
email: 
6
John M. Newman, Jr.
JONES DAY
North Point
901 Lakeside Avenue
Cleveland, OH
44114
216.586.3939 / 216.579.0212 (fax)
email: 
Written objections must provide a detailed statement of the objector's specific
objections to any matter before the Court and all the grounds therefor, and must
include all documents such person wishes the Court to consider.
13.
ATTENDANCE AT THE HEARING IS
NOT NECESSARY; HOWEVER, PERSONS WISHING TO BE HEARD ORALLY IN OPPOSITION TO THE
APPROVAL OF THE SETTLEMENT, THE PLAN OF ALLOCATION, THE REQUESTS FOR ATTORNEYS'
FEES AND REIMBURSEMENT OF EXPENSES, OR THE REQUEST FOR AN INCENTIVE PAYMENT TO
THE CLASS REPRESENTATIVES MUST STATE IN THEIR WRITTEN OBJECTION(S) THEIR
INTENTION TO APPEAR AT THE HEARING.
SUCH PERSONS MUST IDENTIFY IN THEIR WRITTEN
OBJECTION(S) THE NAMES OF ANY WITNESS THEY MAY CALL TO TESTIFY AND ANY EXHIBITS
THEY INTEND TO INTRODUCE INTO THE EVIDENCE AT THE SETTLEMENT FAIRNESS HEARING.
CLASS MEMBERS DO NOT NEED TO APPEAR AT THE HEARING OR TAKE ANY OTHER ACTION TO
INDICATE THEIR APPROVAL OF THE SETTLEMENT.
14.
NO PERSON SHALL BE ENTITLED TO
OBJECT TO THE PROPOSED SETTLEMENT, TO THE FINAL JUDGMENT TO BE ENTERED IN THIS
ACTION, TO ANY AWARD OF ATTORNEYS' FEES OR EXPENSES, OR OTHERWISE TO BE HEARD,
EXCEPT BY FILING AND SERVING WRITTEN OBJECTIONS (AND, IF SUCH PERSON WISHES TO
BE HEARD AT THE SETTLEMENT FAIRNESS HEARING, A WRITTEN NOTICE OF INTENTION TO
APPEAR) IN THE FORM AND MANNER, AND BY THE DATE, REQUIRED BY THE NOTICE.
ANY
PERSON WHO FAILS TO OBJECT IN THE MANNER AND BY THE DATE REQUIRED SHALL BE
DEEMED TO HAVE
7
WAIVED ANY OBJECTIONS, AND SHALL FOREVER BE BARRED FROM RAISING SUCH OBJECTIONS
IN THIS OR ANY OTHER ACTION OR PROCEEDING.
15.
PENDING FINAL DETERMINATION OF
WHETHER THE SETTLEMENT SHOULD BE APPROVED, THE PARTIES, ALL MEMBERS OF THE
CLASS, THE PLANS, AND THE PLANS' FIDUCIARIES ARE EACH HEREBY BARRED AND ENJOINED
FROM INSTITUTING OR PROSECUTING ANY ACTION THAT ASSERTS ANY RELEASED CLAIM
AGAINST ANY RELEASED PERSON.
16.
IF THE AGREEMENT IS TERMINATED
PURSUANT TO THE PROVISIONS OF SECTION 13.8 THEREOF, THIS PRELIMINARY ORDER SHALL
BE NULL, VOID, AND OF NO FURTHER FORCE OR EFFECT, AND EACH PARTY TO THE
AGREEMENT SHALL BE RESTORED TO HIS, HER, OR ITS RESPECTIVE POSITION AS IT
EXISTED PRIOR TO THE EXECUTION OF THE AGREEMENT.
17.
THE COURT HEREBY RETAINS
JURISDICTION FOR PURPOSES OF IMPLEMENTING THE AGREEMENT AND RESERVES THE POWER
TO ENTER ADDITIONAL