Court Approval of Settlement. Upon execution of this Settlement Agreement, the parties will file a Joint Motion to Approve Settlement Agreement and Retain Jurisdiction (the “Joint Motion”). Attached hereto as Exhibits A and B are the Joint Motion and a proposed order. Further, the Parties agree to execute all documents necessary to effectuate the Settlement Agreement and the Joint Motion.
Court Approval of Settlement. The Parties recognize and acknowledge that the Court must approve this Agreement. The Court Order approving this Agreement shall affirm that the guardian ad litem is expressly authorized to sign and enter into this Agreement on behalf of G.S. If this Agreement is required to be filed with the Court for such approval, it shall be filed under seal. In the event that the Court does not approve the Agreement, this Agreement shall become null and void in its entirety and without legal effect.
Court Approval of Settlement. Within fifteen (15) business days of execution of this Agreement, Plaintiffs will seek the Court’s approval of the terms of this Agreement, by filing an Unopposed Motion for Approval of Settlement (“Approval Motion”). Plaintiffs will notify Defendants five business days in advance of seeking approval of the terms of this Agreement so that Defendants may, at their option, seek to have the Approval Motion and related documents filed under seal. Plaintiffs agree not to oppose any such motion by Defendants. Notwithstanding the foregoing, the Agreement may be filed publicly if ultimately necessary to obtain Court approval of the Settlement due to the Court not allowing the Agreement and the Approval Motion (and related documents) to be filed under seal or if otherwise required by process of law. If the Court does not enter an Approval Order, or decides to do so only with material modifications to the terms of this Agreement, or if the Approval Order is reversed or vacated by an appellate Court, then this Agreement shall become null and void, unless the Parties agree in writing to modify this Agreement and the Court approves the modified Agreement. Notwithstanding the foregoing, if the Court approves the gross amount of the Settlement Fund but determines there should be a reallocation of the Net Settlement Member Fund, and/or a reduction of the amount paid to Class Counsel, and/or a reduction of the amount of service payments, the Agreement as so modified and approved by the Court shall remain fully binding on the Parties.
Court Approval of Settlement. Preliminary and Final Approval of this Agreement are contemplated by the parties and are express conditions precedent to this Agreement. If such approvals are not given, this Agreement shall be null and void except as expressly stated in Paragraph 1.5 to survive. As part of this settlement, the parties agree to the following procedures for obtaining preliminary approval of the settlement from the Court, notifying the Class Members and obtaining final Court approval of the settlement:
Court Approval of Settlement. The Settlement shall have been approved by the Court, as provided for in this Section II. The Parties shall cooperate in good faith to allow Plaintiff to seek Court approval.
Court Approval of Settlement. Settlement of the Litigation is contingent upon final Court approval of the Agreement. The parties agree that Plaintiffs will move the Court for preliminary and subsequently final approval of the Settlement. Defendant will not oppose Plaintiffs’ motions seeking approval of this settlement. As part of the approval process, Plaintiffs will request Service Awards for the Named Plaintiffs, and for Select Opt-in Plaintiffs, as set forth herein. Defendant agrees not to oppose such a request, so long as it does not exceed the amounts referenced in Part IV, infra. As part of the approval process, Plaintiffs’ Attorneys will also petition the Court for an award of Plaintiffs’ Attorneys’ Fees and Plaintiffs’ Litigation Expenses, as set forth herein. Defendant agrees not to oppose such a petition, so long as the amount of Plaintiffs’ Attorneys’ Xxxx sought does not exceed one-third of the Gross Settlement Amount.
Court Approval of Settlement. The Parties agree to cooperate to seek Court approval of this proposed class action settlement as follows:
a. The Parties have requested and obtained a date from the Court for a Preliminary Class Settlement Approval Hearing – April 30, 2012;
x. Xxxxxxx & Xxxx-Xxxxxxx, P.C. (“Plaintiffs’ Counsel”) will be responsible for drafting the Motion for Preliminary Class Settlement Approval and proposed Class Notice and Claim Form (to be reviewed and approved by Littler Xxxxxxxxx, P.C., defense counsel);
c. In the Motion for Preliminary Class Settlement Approval, the Parties will request a date for a Final Class Settlement Approval Hearing that, consistent with the Class Action Fairness Act (“CAFA”), is at least 100 days from the date this Agreement is filed with the Court (as part of the Motion for Preliminary Settlement Approval, which is to be filed on or about April 23, 2012);
d. Within ten days of the Agreement being filed with the Court, defense counsel will send notice of the settlement to the appropriate state Attorneys General, as required by CAFA;
e. Within one week after the date that Preliminary Class Settlement Approval is granted, defense counsel will provide to Plaintiffs’ Counsel names and last known addresses of class members, and payroll records showing hours worked as servers by class members and applicable pay rates (from which data settlement shares may be calculated);
f. Plaintiffs’ Counsel will be responsible for drafting a Motion for Final Class Action Settlement Approval, which will be sent to defense counsel for review and approval prior to being filed with the Court.
Court Approval of Settlement. The Parties entered this Settlement Agreement solely for the purposes of fully and finally resolving the Litigation along the lines and terms set forth herein. Nothing in this Settlement Agreement shall be construed as an admission by Waste Pro of any wrongdoing as asserted in the Litigation or that the Litigation or any similar case is amenable to class certification for purposes of trial or that any of the Released Claims are meritorious in any respect. The Parties agree, for the sole purpose of effectuating a settlement, and upon the express terms and conditions set out in this Settlement Agreement, that Plaintiff shall seek, and Waste Pro will not oppose, court approval of the settlement set out herein. Plaintiff, on behalf of itself and the Class, acknowledges and agrees that if this Settlement Agreement is not fully and finally approved by the Court without material change, the settlement is voidable at the election of either Party and, if voided, that Waste Pro has not waived and has expressly reserved the right to challenge the substantive merits of Plaintiff’s claims in the Litigation, and to object to and appeal any order entered in the Litigation. If this Settlement is not approved by the Court for any reason other than those specified below, or is materially modified by the Court (including change to the release provided herein) other than as specified below, or is otherwise terminated, then (1) this Settlement Agreement shall have no legal or persuasive effects and shall immediately become null and void, and the Parties expressly agree to do whatever is necessary legally and procedurally to return the case to its pre- settlement status, including filing all necessary joint motions; (2) this settlement and all aspects of it, including but not limited to, all negotiations, terms, and documents created as a result of negotiations or the proposed settlement may not be used for any purpose in this or any other legal action unless the subject of that legal action is the settlement of the Litigation; (3) the Litigation shall revert to the same procedural and legal status existing prior to the Parties entering into this Settlement Agreement; and (4) the Parties shall take whatever action is appropriate so that the Parties can be restored to their pre-settlement positions.
Court Approval of Settlement. The Parties shall move in an appropriate court proceeding (or proceedings) for approval of this Agreement and the Reorganization, and entry of a final judgment approving this Agreement and the Reorganization. Such motion shall take one or both of two forms: a motion for approval of this Agreement and the Reorganization as a reasonable alternative to dissolution pursuant to X.X.Xx. 355.726, or a motion for approval of this Agreement and the Reorganization as a settlement of contested litigation. In any case, the Parties agree and shall represent to the Court that the terms of this Agreement and the Reorganization is a fair and reasonable settlement of the Purposes Litigation. The Parties shall not object to any portion of this Agreement or the Reorganization, and shall use their best efforts to obtain Court approval of this Agreement and the Reorganization.
(a) If the Parties jointly determine to seek implementation of this Agreement and the Reorganization as an alternative to dissolution, they shall as soon as possible after execution of this Agreement by the Parties move in the Purposes Litigation for approval of this Agreement and the Reorganization on that basis. They shall jointly request that the Court schedule and conduct a hearing on all issues relevant under X.X.Xx. 355.726. They will co-operate in the presentation of all evidence necessary to fully to advise the Court on the question of whether this Agreement and the Reorganization meet all statutory requirements and should be implemented as a proper exercise of the Court's remedial discretion. If the Court then enters its judgment providing that this Agreement and the Reorganization should be so implemented, and if that judgment becomes final with no party to that litigation having any further right of appeal (or if such an appeal is taken and such an appeal is resolved with the final judgment in the action ordering such implementation) the condition precedent described in this Paragraph 7 shall be deemed satisfied.
(b) If the Parties jointly decide to seek implementation of this Agreement and the Reorganization as a settlement of contested litigation, they shall jointly so move in such court proceeding as they deem appropriate. The Parties will cooperate in the presentation to the Court of such evidence as the Court requires prior to approval of this Agreement and the Reorganization. If the Court then enters its judgment providing that this Agreement and the Reorganization should be so implement...
Court Approval of Settlement. The Parties shall move in an appropriate court proceeding (or proceedings) for approval of this Agreement and the Reorganization, and entry of a final judgment approving this Agreement and the Reorganization. Such motion shall take one or both of two forms: a motion for approval of this Agreement and the Reorganization as a reasonable alternative to dissolution pursuant to X.X.Xx. 355.726, or a motion for approval of this Agreement and the Reorganization as a settlement of contested litigation. In any case, the Parties agree and shall represent to the Court that the terms of this Agreement and the Reorganization is a fair and reasonable settlement of the Purposes Litigation. The Parties shall not object to any portion of this Agreement or the Reorganization, and shall use their best efforts to obtain Court approval of this Agreement and the Reorganization.
