DUTIES OF THE PARTIES PRIOR TO COURT APPROVAL. 12.1 Promptly upon execution of this Agreement, but by no later than ten (10) calendar days thereafter, Class Counsel shall apply to the Court for the entry of an order (the “Preliminary Approval Order”):
(i) Preliminarily approving the Agreement, as well as the payment of attorneys’ fees, costs, and Service Award Payments described in this Agreement;
(ii) Approving as to form and content the proposed Notice of Class Action Settlement;
(iii) Approving as to form and content the proposed Claim Form;
(iv) Directing the mailing of the Notice and Claim Form by first class mail to the Proposed Settlement Class Members;
(v) Certifying the Settlement Class; and
(vi) Scheduling a Final Fairness Hearing as soon as practicable on the question of whether the proposed settlement should be finally approved as fair, reasonable and adequate as to the Settlement Class Members.
12.2 In applying for the entry of the Preliminary Approval Order, Class Counsel and Counsel for Novartis will jointly submit to the Court for its approval this Settlement Agreement, exhibits, and supporting papers, which shall describe the terms of this settlement and will include proposed forms of all notices and other documents as attached hereto necessary to implement the Settlement Agreement.
12.3 In computing any period of time prescribed or allowed by this Settlement Agreement, unless otherwise stated, such computation or calculation shall be made consistent with Federal Rule of Civil Procedure 6(a).
DUTIES OF THE PARTIES PRIOR TO COURT APPROVAL. 9.1 Upon Execution of this Agreement, Class Counsel shall apply to the Court for the entry of an order granting preliminary approval of the Settlement, substantially in the following form:
9.1.1. Scheduling a final fairness hearing on the question of whether the proposed Settlement should be finally approved as fair, reasonable, and adequate as to the proposed Class;
9.1.2. Approving as to form and content of the proposed Notice;
9.1.3. Directing the mailing of the Notice by first class mail to the Class Members;
9.1.4. Preliminarily approving the Settlement; and
9.1.5. Approving Class Counsel, and approving the Claims Administrator.
9.2 Zillow shall cooperate with Class Counsel as necessary and reasonable to obtain preliminary approval.
DUTIES OF THE PARTIES PRIOR TO COURT APPROVAL. The Parties shall promptly seek the Court’s approval of this settlement. As soon as practicable after execution of this Settlement Agreement, Plaintiff and Plaintiff’s Counsel shall apply to the Court for the entry of a preliminary approval order which would accomplish the following, the applicable deadlines of which, if any, are described in Paragraph 32:
DUTIES OF THE PARTIES PRIOR TO COURT APPROVAL. 5.1 Promptly upon execution of this Agreement, Class Counsel shall file a Motion for Preliminary Approval seeking a determination by the Court as to the fairness, adequacy, and reasonableness of the Agreement and seeking entry of a Preliminary Approval Order in the form attached hereto as Exhibit A-4. The Motion for Preliminary Approval and the Preliminary Approval Order shall include the following:
(a) The scheduling of a fairness hearing on the question of whether the proposed settlement should be finally approved as fair, reasonable, and adequate as to the Class;
(b) Approval as to form and content of the proposed notice, including the instructions regarding how to opt out;
(c) Approval as to form and content of the proposed Release of Claims;
(d) Direction of the mailing of the notices and the Releases by first class mail to the Class Members; and
(e) Preliminary approval of this Agreement and the settlement reflected herein.
DUTIES OF THE PARTIES PRIOR TO COURT APPROVAL. The Parties shall move the Court for the entry of an Order Granting Preliminary Approval of the Settlement and Notice substantially through the following process:
(a) Scheduling a fairness hearing on the question whether the proposed Settlement should be finally approved as fair, reasonable and adequate as to the Class;
(b) Approving as to form and content the proposed Notice;
(c) Approving as to form and content the proposed Claim and Exclusion Forms;
(d) Approving the manner and method of distributing notice of this Settlement to the Class;
(e) Directing the mailing of the Notice, Claim Form, and the Exclusion Form by first class mail to the Class Members;
(f) Preliminarily approving the Settlement;
(g) Preliminarily certifying the Class for purposes of Settlement only;
(h) Approving Xxxxx Xxxxxxxxxx Xxxxx & Xxxx, P.C., Xxxxxx Xxxx XxXxxxxxxx & Young, P.C., and Xxxxxxxx Law Office LLC to serve as Plaintiffs’ Class Counsel, with Xxxxx Xxxxxxxxxx Xxxxx & Xxxx, P.C. serving as Lead Class Counsel;
(i) Approving the Named Plaintiffs as Class Representatives;
(j) Approving the Parties’ mutually agreed upon Claims Administrator; and
(k) Declaring the date on which the Court grants preliminary approval of the Settlement as the date that the Settlement is deemed filed for purposes of providing CAFA notice to the appropriate state and federal officials.
DUTIES OF THE PARTIES PRIOR TO COURT APPROVAL. Class Counsel shall promptly submit this Settlement Agreement to the Court in 7 support of Plaintiffs’ Motion for Preliminary Approval for determination by the Court as to its 8 fairness and adequacy and apply for the entry of a preliminary Order as set forth in paragraphs 57 9 through 61.
DUTIES OF THE PARTIES PRIOR TO COURT APPROVAL. Promptly upon execution of this Agreement, but by no later than fourteen (14) calendar days after the filing of the Complaint, the Parties shall apply to the Court for the entry of an order (the "Preliminary Approval Order"):
DUTIES OF THE PARTIES PRIOR TO COURT APPROVAL. The Parties shall promptly submit this Settlement Agreement to the Court in support of a Motion for Preliminary Approval for determination by the Court as to its fairness, adequacy, and reasonableness and apply for the entry of a preliminary Order substantially in the following form:
DUTIES OF THE PARTIES PRIOR TO COURT APPROVAL. 52. As soon as is practicable and without undue delay, the Parties shall submit this Settlement Agreement to the Court, seeking preliminary approval of the Settlement Agreement. The Parties shall apply to the Court for the entry of an order substantially in the following form:
a. Preliminarily approving the Settlement Agreement, subject only to the objections of Class Members, modification of the Settlement Agreement if agreed to by both parties, and final review by the Court;
b. Approving as to form and content the Class Notice and Notice Package contents;
c. Approving as to form and content the proposed Claim Form and Exclusion Form;
d. Directing the mailing of the Notice Package by first class mail to Class Members; and
e. Scheduling a final hearing on the question of whether the proposed settlement, including without limitation payment of attorneys’ fees, costs, and litigation expenses should be finally approved as fair and reasonable.
DUTIES OF THE PARTIES PRIOR TO COURT APPROVAL. Class Counsel will obtain a hearing before the Court to request the Preliminary Approval of the Settlement Agreement, and the entry of a Preliminary Approval Order for: (i) conditional certification of the Settlement Class for settlement purposes only, (ii) preliminary approval of the proposed Settlement Agreement, (iii) setting a date for a Final Approval/Settlement Fairness Hearing. The Preliminary Approval Order will provide for the Notice Packet to be sent to all Class Members as specified herein. In conjunction with the Preliminary Approval hearing, Class Counsel will submit this Settlement Agreement, which sets forth the terms of this Settlement, and will include the proposed Notice Packet, which will include the proposed Notice of Class Action Settlement document, attached as Exhibit A. Class Counsel will be responsible for drafting all documents necessary to obtain preliminary approval.
