Court Approval Process. 104. The obligations in this settlement agreement will become effective 45 days after the entry of final judgment dismissing this action if a motion under Rule 59 or Rule 60 of the Federal Rules of Civil Procedure or a notice of appeal challenging this settlement agreement has not been filed or, if a motion under Rule 59 or Rule 60 of the Federal Rules of Civil Procedure or a notice of appeal challenging this settlement agreement has been filed, within 45 days after all appellate proceedings pertaining to this settlement agreement have been completed and this settlement agreement has been determined to be valid and binding. References in this settlement agreement to “the effective date of this agreement” should be construed to refer to the terms of this paragraph.
Court Approval Process. The Court has preliminarily approved the settlement and has scheduled a Final Approval Hearing to take place before the Xxxxxxxxx Xxxx X. Broomes, in the United States District Court for the District of Kansas on day, [insert date], at [time] Central Time in Courtroom 238 at 000 Xxxxx Xxxxxx, Xxxxxxx, Xxxxxx 00000. The purpose of the hearing is for the Court to decide whether the proposed settlement is fair, reasonable, and adequate as to the Class and should be approved and, if so, to determine what amount of attorneys’ fees and expenses should be awarded to Class Counsel and what amount should be awarded as additional amounts to the named plaintiffs. To confirm that the hearing is going forward on the scheduled date and time and/or to inquire about appearing at the hearing by telephone or video conference, please contact the Settlement Administrator or Class Counsel (contact information in Sections 7 and 8, below). Class Counsel will file a motion for attorneys’ fees and costs by [insert date 2 weeks before final fairness hearing]. If you would like to receive a copy of that motion, please contact the Settlement Administrator or Class Counsel (contact information in Sections 7 and 8, below) after that date.
Court Approval Process. (a) Forthwith following the date of this Agreement, the Canadian Debtors shall seek and consent to an order, in substantially the form attached hereto as Schedule II (the “Canadian Order”), from the Canadian Court approving this Agreement, which order shall include:
Court Approval Process. A. Promptly after the execution of this settlement agreement, the parties shall jointly move the Court for preliminary approval of this agreement. The motion shall include a copy of the settlement agreement and request that the Court: (a) approve a draft notice of settlement, a draft summary notice, and a proposed order granting preliminary approval to be attached to the motion; (b) provide that the notice of settlement and summary notice state that any class member (other than named class representatives) may object to this settlement agreement by mailing a written objection to the Court and Plaintiffs’ counsel at least 10 days before the fairness hearing, and that any class member who does not object in this manner shall be deemed to have waived his or her objections; (c) approve mailing notice of the settlement to advocacy and service organizations working with people with disabilities identified by the Plaintiffs and DTA and the publication of a summary notice in the major newspapers throughout the state within 10 days after the entry of an order granting preliminary approval, and the posting of notice of the settlement agreement in each TAO and, (d) set a date for a fairness hearing which is no less than 45 days, and no more than 60 days, after the entry of the order granting preliminary approval of this agreement.
