Class Settlement Procedures Sample Clauses

Class Settlement Procedures. The events set forth in this Section III, in addition to the occurrence of the "Effective Date" as described in Section I, are conditions precedent to this Agreement becoming effective.
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Class Settlement Procedures. 1. As soon as practicable, but no later than 14 days after the execution of the Settlement Agreement, Representative Plaintiffs, by and through Class Counsel, must file a motion pursuant to Fed. R. Civ. P. 15(a) seeking leave to file an amended complaint to assert allegations in support of and to seek certification of the Settlement Class, in form and substance to be approved by Defendants’ Counsel. 2. As soon as practicable, but no later than 14 days after the execution of the Settlement Agreement, Representative Plaintiffs, by and through their Class Counsel, in consultation with Defendants’ Counsel, must also file a Motion for Preliminary Approval of the Settlement Agreement and seek entry of the Preliminary Approval Order requesting, inter alia, that the Court: (1) conditionally certify the Settlement Class for settlement purposes only; (2) appoint SHC and LOMG as Class Counsel; (3) preliminarily approve the proposed Settlement Agreement as set forth herein; (4) approve the notice procedures and the contents of the Class Notice, Radio Publication Notice, and poster; (5) approve the Claim Form; (6) establish the Final Claims Bar Date, the Opt-Out Deadline, and Objection Date; and (7) set a date for the Final Approval Hearing. 3. Any Settlement Class Member who wishes to opt out of participation in the Settlement Class must submit an Opt-Out Notice on or before the Opt-Out Deadline, which must be received by the Claims Administrator no later than three days after the Opt-Out Deadline. Settlement Class Members who submit timely, valid Opt-Out Notices in accordance with the requirements specified in the Class Notice will neither receive any benefits of, nor be bound by the terms of, this Settlement Agreement. 4. If a Settlement Class Member submits a timely, valid Opt-Out Notice, he or she may not file an objection to the settlement. 5. The Claims Administrator must send email notice to Class Counsel and Defendants’ Counsel of any Opt-Out Notice within seven (7) business days of receipt and indicate for each such Opt-Out Notice whether the notice is timely and conforms to the requirements of this Settlement Agreement. 6. The Claims Administrator must file with the Court a report with the names of Settlement Class Members who have submitted timely, valid Opt-Out Notices together with copies of the Opt-Out Notices no less than seven (7) days before the Final Approval Hearing. 7. Any Settlement Class Member who does not submit a valid Opt-Out Notice may, but ...
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Class Settlement Procedures 
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Related to Class Settlement Procedures

  • DISPUTE SETTLEMENT PROCEDURE A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site xxxxxxx or Enterprise should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate site union representative as relevant. If the matter remains unresolved the union delegate or site xxxxxxx may then submit the matter to the appropriate senior management person. Where relevant the Enterprise may submit the matter to a union official. If still not resolved the delegate or site xxxxxxx shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprise. If still not resolved there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdiction). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.