Entry of Preliminary Approval Order. The Parties will request that the Court enter a Preliminary Approval Order in a form substantially similar to Exhibit E to this Settlement Agreement, which shall, among other things:
(a) Certify for purposes of settlement a nationwide Settlement Class, approving Plaintiff as class representative and appointing Class Counsel, pursuant to Rule 23 of the Federal Rules of Civil Procedure;
(b) Preliminarily approve the Settlement as fair, reasonable and adequate;
(c) Order the issuance of Class Notice to the Settlement Class, and determine that such Class Notice complies with all legal requirements, including, but not limited to, the Due Process Clause of the United States Constitution;
(d) Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order should be finally approved by the Court;
(e) Require Settlement Class Members who wish to be excluded to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed in the Settlement Agreement and Class Notice, and advise that a failure to do so shall bind those Settlement Class Members who remain in the Settlement Class;
(f) Require Settlement Class Members who wish to object to the Settlement Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in the Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing so;
(g) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement the Settlement Agreement; and
(h) Issue related orders to effectuate the preliminary approval of the Settlement Agreement.
Entry of Preliminary Approval Order. The Court shall enter a Preliminary Approval Order in substantially the form of that attached Exhibit 2 hereto, which shall among other things, preliminarily:
a. Certify the proposed Class under Rule 23 of the Federal Rules of Civil Procedure for settlement purposes only;
b. Approve this Agreement as fair, reasonable and adequate under Rule 23 of the Federal Rules of Civil Procedure subject to final determination by the Court;
c. Approve the appointment of the Class Representatives as representatives of the Class for the Settlement and the appointment of Class Counsel as counsel for the Class for the Settlement;
d. Approve a form of Mail Notice substantially in the form of Exhibit 1-A to be sent by the Settlement Administrator to the individuals on the Notice List thirty (30) days after XXXX provides it with the Notice List;
e. Approve a form of Email Notice substantially in the form of Exhibit 1-C to be sent by the Settlement Administrator to the individuals on the Notice List thirty (30) days after XXXX provides it with the Notice List;
f. Approve a form of Notice substantially in the form of Exhibit 1-B to be posted by the Settlement Administrator to the Settlement Website thirty (30) days after XXXX provides it with the Notice List;
g. Direct the Settlement Administrator, after entry by the Court of the Preliminary Approval Order, to mail the Mail Notice to each individual on the Notice List by first- class mail thirty (30) days after it receives the Notice List from BANA;
h. Direct the Settlement Administrator, after entry by the Court of the Preliminary Approval Order, to email the Email Notice to each individual on the Notice List thirty
Entry of Preliminary Approval Order. The Court will be requested to enter a Preliminary Approval Order adopting the terms and conditions set forth in Exhibit 1, which shall, among other things:
a. Preliminarily approve the Settlement as fair, reasonable and adequate and approve selection of the Administrator;
b. Preliminarily certify the litigation Class previously certified herein for settlement purposes, as defined herein, and designate the Plaintiff and the Additional Class Representatives as the representatives of the Settlement Class, and designate the Class Counsel as counsel for the Settlement Class;
c. Vacate any further scheduled dates and stay consideration of all other motions and deadlines pending in the Action;
d. Order the issuance of Class Notice to Class Members pursuant to this Agreement, and determine that such Class Notice complies with all requirements, including, but not limited to, Fed. R. Civ. P. 23 and the Due Process Clause of the United States Constitution;
e. Appoint JND Legal Administration as the Administrator;
f. Find that all notices concerning the Settlement required by the Class Action Fairness Act of 2005, 28 U.S.C. §§ 1715, et seq., have been sent and that Defendant will fully comply or has fully complied with the notice requirements under that Act;
g. Schedule a date and time for a Final Approval Hearing to be held no sooner than one hundred and twenty (120) days after the entry of the Preliminary Approval Order to determine whether the Settlement should be finally approved by the Court;
h. Require persons within the Class who wish to exclude themselves to submit an appropriate and timely written request for exclusion by the opt out deadline in the Preliminary Approval Order, and advise that a failure to do so shall bind those Class Members who remain in the Settlement Class;
i. Require Class Members who wish to object to the Settlement to submit a timely written objection by an objection deadline in the Preliminary Approval Order, and advise that a failure to do so shall prevent those Class Members from objecting to the Settlement;
j. Require any Class Member who objects to the Settlement and wishes to appear at the Final Approval Hearing to file a notice of intent to appear;
k. Provide that the Final Approval Hearing may take place, at the sole discretion of the Court, via telephone or video so as to allow the Final Approval Hearing to proceed despite any limitations on in- court hearings related to the COVID-19 pandemic and provide that any Class Member ...
Entry of Preliminary Approval Order. The Court shall enter a Preliminary Approval Order substantially similar in form and content to Exhibit A, which shall, among other things.
Entry of Preliminary Approval Order. The Court shall enter a Preliminary Approval Order in substantially similar form as Exhibit E, which shall, among other things:
a. Certify for purposes of settlement a nationwide Settlement Class, approving the Named Plaintiff as class representative and appointing Class Counsel, pursuant to Fed. R. Civ. P. 23;
b. Preliminarily approve the Settlement as fair, reasonable, and adequate;
c. Order the issuance of Class Notice to the Settlement Class, and determine that such Notice complies with all legal requirements, including, but not limited to, the Due Process Clause of the United States Constitution;
d. Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order should be finally approved by the Court;
Entry of Preliminary Approval Order. The Court shall enter a Preliminary Approval Order substantially in the form annexed hereto as Exhibit A. If the Court does not enter the Preliminary Approval Order (either initially, or if a Review Proceeding has been initiated, then after the conclusion of a Review Proceeding) then (a) there shall be no obligation by Xxxxxx Xxx, the Defendants, or Defendants’ Insurer to pay any portion of the Settlement Amount, and (b) any Party may Terminate this Settlement Agreement pursuant to Section 10.
Entry of Preliminary Approval Order. The Court shall enter a 21 Preliminary Approval Order in substantially similar form as Exhibit C, which shall, among 22 other things:
23 a. Certify for purposes of settlement a Settlement Class, approving 24 Plaintiff as class representative and appointing Class Counsel, pursuant to Fed. R. Civ. P. 23;
25 b. Preliminarily approve the Settlement as fair, reasonable and 26 adequate;
27 c. Order the issuance of Class Notice to the Settlement Class, and determine that such Notice complies with all legal requirements, including, but not limited to, the Class Action Fairness Act and Due Process Clause of the United States Constitution;
Entry of Preliminary Approval Order. The Court shall enter a Preliminary Approval Order substantially similar in form and content to Exhibit A, which shall, among other things: 27
(a) Certify preliminarily and only for purposes of settlement the Class, preliminarily approving the Plaintiff as class representative of the Class, and appointing Class 3 Counsel, pursuant to Fed. R. Civ. P. 23;
(b) Preliminarily approve the Settlement as fair, reasonable and adequate and approve selection of the Administrator;
(c) Order the issuance of Class Notice, including the Mail Notice, Publication Notice, and Website Notice on the Settlement Website, to Settlement Class Members, and determine that such Class Notice is the best notice practicable under the circumstances and complies with all legal requirements, including, but not limited to, Fed. R. Civ. P. 23 and the Due Process Clause of the United States Constitution;
(d) Schedule a date and time for a Final Approval Hearing not earlier than one hundred and twenty (120) Days after the Notice Date to determine whether the 13 Settlement should be finally approved by the Court;
Entry of Preliminary Approval Order. The Court shall enter a Preliminary Approval Order substantially in the form attached as Exhibit C, as described in Section 6.
Entry of Preliminary Approval Order. The Court shall enter the Preliminary Approval Order, which shall, among other things:
(a) Conditionally certify the Settlement Class for settlement purposes only, approve Plaintiff as Class Representative, and appoint Class Counsel pursuant to Rule 23 of the Federal Rules of Civil Procedure;
(b) Preliminarily approve the Settlement as fair, reasonable and adequate;
(c) Order the issuance of Class Notice to the Settlement Class, and determine that such Class Notice complies with all legal requirements, including, but not limited to, the Due Process Clause of the United States Constitution;
(d) Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order should be finally approved by the Court;
(e) Require members of the Settlement Class who wish to exclude themselves to submit a timely written request for exclusion by the Opt-Out Deadline, as directed in the Settlement Agreement and Class Notice, and advise that a failure to opt out shall bind those members of the Settlement Class to the Settlement Agreement;
