Entry of Preliminary Approval Order. The Parties will request that the Court enter a Preliminary Approval Order in a form substantially similar to Exhibit D to this Settlement Agreement, which shall, among other things:
(a) Certify for purposes of settlement a Settlement Class, approving Plaintiff as class representative and appointing Class Counsel;
(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 FILED DATE: 4/1/2024 9:36 PM 2024CH00435 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 must enter a Preliminary Approval Order in a form substantially similar to Exhibit C to this Agreement, which shall, among other things:
(a) Preliminarily approve the Settlement as fair, reasonable and adequate;
(b) Order the issuance of the Class Notice to Class Members, 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;
(c) Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order should be finally approved by the Court;
(d) Require Class Members who wish to exclude themselves to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed in this Agreement and Class Notice, and advise that a failure to do so shall bind those Class Members who remain in the Class.
(e) Require Class Members who wish to object to this Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in this Agreement and Class Notice, and advise that a failure to do so shall prevent those Class Members from doing so;
(f) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement this Agreement; and
(g) Issue related orders to effectuate the preliminary approval of this Agreement.
Entry of Preliminary Approval Order. The Bankruptcy Court shall enter a Preliminary Approval Order in the same or substantially the same form as attached Exhibit 3 hereto, which shall among other things:
a. Preliminarily certify the proposed Class under Rule 23 of the Federal Rules of Civil Procedure for settlement purposes only;
b. Preliminarily approve this Agreement as fair, reasonable, and adequate under Rule 23 of the Federal Rules of Civil Procedure subject to final determination by the District Court;
c. Approve the appointment of the Class Representative as representative of the Class for the Settlement and the appointment of Class Counsel as counsel for the Class for the Settlement;
d. Approve the Class Notice in the same or substantially the same form as Exhibits 1a and 1b;
e. Direct the Settlement Administrator, promptly after entry by the Bankruptcy Court of the Preliminary Approval Order, to mail the Mail Notice to each individual on the Notice List by first-class mail;
f. Establish a procedure for Members of the Class to exclude themselves and set a date after which no Member of the Class shall be allowed to opt out of the Settlement and shall be bound to the terms of the Settlement;
g. Establish a procedure for Settlement Class Members to appear and/or object to the Settlement and set a date after which no Settlement Class Member shall be allowed to object;
h. Require any attorneys representing Settlement Class Members, at the Settlement Class Member’s expense, to file a notice of appearance;
i. Stay all proceedings in the Action against Defendant, other than proceedings as may be necessary to carry out the terms and conditions of the Agreement;
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 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;
Entry of Preliminary Approval Order. Class Counsel shall, prior to the Final Approval Hearing, file with the Court a declaration executed by the Settlement Administrator attesting to the timely completion of the notice program.
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 in a form substantially similar to Exhibit 5, which shall, among other things:
(a) Preliminarily approve the Settlement as fair, reasonable, and adequate;
(b) Direct the issuance of Class Notice to the Settlement Class, upon a finding that giving notice is justified by the Parties’ showing that the Court will likely be able to approve the Settlement under Fed. R. Civ. P. 23(e)(2), and (ii) certify the Settlement Class for purposes of judgment on the proposal;
(c) 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 Settlement should be finally approved by the Court;
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 preliminarily approving the Settlement pursuant to FED. R. Civ. P.
