After studying the amended agreement closely, I believe I can answer my own question.
10.2(b)(i) nothing in this Amended Settlement Agreement releases or
adversely affects any Claims of any
Amended Settlement Class members who
opted out of the original Settlement
Agreement by September 4, 2009 or who
opt out of the Amended Settlement
Agreement between the Amended
Settlement Agreement Date and the
Supplemental Opt-Out Deadline
1.12 “Amended Settlement Agreement Date” means the date set forth at the
end of this Amended Settlement
This Amended Settlement Agreement is
dated November 13,
So, the supplemental opt-out period is already running: has been for over a week.
Attachment N to Amended Settlement Agreement: Your Rights Under the Amended Settlement Agreement:
Members of the Amended Settlement
Class have the following options:
If you… Did not opt out of the
Original Settlement but wish to opt
out of the Amended Settlement
Then… You may do so by following the
instructions in the original Notice
Except that as I reported in my previous comment, on the opt-out page of the settlement website it states that the deadline is past.
This looks like chicanery, but perhaps it is utter incompetence. Either way I cannot see why anyone would enter into a perpetually binding legal agreement (or risk being bound in such an agreement) with people who show themselves so undeserving of confidence.
Surely this ought to be raised with the court? Who has the standing to do so?