[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
________________________
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 05-16266 AUGUST 30, 2006
Non-Argument Calendar THOMAS K. KAHN
________________________ CLERK
D. C. Docket No. 04-20516-CV-AJ
JUDITH HANEY, et al..,
Plaintiffs,
ANN MARTIN,
Plaintiffs-Appellants,
versus
MIAMI-DADE COUNTY, et.al.,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(August 30, 2006)
Before TJOFLAT, ANDERSON and BARKETT, Circuit Judges.
PER CURIAM:
Ann Martin, a plaintiff in instant class action suit, appeals from the district
court’s denial of her motion, filed after the bar date, to opt out of a class action
settlement in the above entitled matter. Martin argues that the district court abused
its discretion in determining that she was a member of the class, and in denying her
motion to opt out despite the fact that, according to Martin, the defendants would not
be prejudiced by the relief if the court permitted her to opt out after the bar date.
Martin has specifically referred to herself as a “class member” in her pleadings
in the instant case, and her failure to opt out of the class settlement before the bar date
was not a result of any form of excusable neglect. Both Martin and her legal counsel
were aware of the relevant bar date and simply failed to execute the necessary
procedures to opt out of the class settlement. We conclude that the district court did
not abuse its discretion in denying Ms. Martin’s untimely motion to opt out of the
class settlement. The judgment of the district court is
AFFIRMED.
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