Common use of Entry of Preliminary Approval Order Clause in Contracts

Entry of Preliminary Approval Order. The Court shall enter a Preliminary Approval Order in substantially the form of that attached as Exhibit 2 hereto, which shall among other things: a. Preliminarily certify the proposed Class under Rule 23(a) and (b)(3) 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 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 Class Notice substantially in the form of Exhibit 1 to be sent to the individuals on the Notice List; e. Set deadlines consistent with this Agreement for mailing of the Class Notice, the filing of opt-outs and objections, and filing of motions, and the filing of papers in connection with the Final Approval Hearing; f. Direct the Settlement Administrator, following entry by the Court of the Preliminary Approval Order, to mail the Class Notice to each individual on the Notice List by first-class mail; g. Set a date for a Final Approval Hearing on final approval of this Settlement; h. Establish a procedure for Class Members to exclude themselves and set a date, at least thirty days before the Final Approval Hearing, after which no Class Member shall be allowed to opt out of the Settlement and shall be bound to the terms of the Settlement; i. Establish a procedure for Settlement Class Members to appear and/or object to the Settlement and set a date, at least thirty days before the Final Approval Hearing, after which no Settlement Class Member shall be allowed to object; j. Require any attorneys representing objecting Settlement Class Members, at the objecting Settlement Class Member’s expense, to file a notice of appearance; k. Stay all proceedings in the Action against the Defendant, other than proceedings as may be necessary to carry out the terms and conditions of the Agreement; l. Pending Final Approval, and upon expiration of the Opt-Out Deadline, prohibit each Settlement Class Member, Class Counsel and other counsel from maintaining, commencing, prosecuting or pursuing directly, representatively, or in any other capacity any Released Claim subsumed and covered by the Release in this Agreement in any court or arbitration forum; m. Contain such other and further provisions consistent with the terms and provisions of this Agreement as the Court may deem advisable; and n. Authorize the Parties to take all necessary and appropriate steps to establish the means necessary to implement the terms of this Agreement.

Entry of Preliminary Approval Order. The Promptly upon execution of the Settlement Agreement, the Parties shall apply to the Court shall enter a for entry of an Order Preliminarily Approving Settlement and Providing for Notice substantially in the form attached as Exhibit B hereto (the “Preliminary Approval Order”): 1. Provisionally approving the terms of the Settlement Agreement; 2. Approving all forms of notice of the Settlement and ordering that notice be given substantially in the manner set forth in Section II(C) herein; 3. Finding that the requirements for provisional certification of the Settlement Class have been satisfied, appointing Plaintiff and Lead Class Counsel as representatives of the Settlement Class, as well as preliminarily approving the Settlement as being within the range of reasonableness such that notice thereof should be given to members of the Settlement Class; 4. Approving the form of judgment substantially in the form of Exhibit C hereto (the “Judgment”); 5. Providing that all members of the Settlement Class who do not, in accordance with the terms of the Long Form Notice, file valid and timely requests for exclusion from the Settlement Class be bound by the Judgment dismissing the Action on the merits and with prejudice; 6. Finding that the form and method of notice to be given in accordance with the terms of the Preliminary Approval Order in substantially constitutes the form best notice practicable under the circumstances and constitutes valid, due, and sufficient notice to all members of that attached as Exhibit 2 heretothe Settlement Class, which shall among other things: a. Preliminarily certify complying fully with the proposed Class under Rule 23(a) and (b)(3) requirements of the Federal Rules of Civil Procedure for settlement purposes onlyProcedure, the Constitution of the United States, and any other applicable law; b. Preliminarily approve this Agreement 7. Scheduling a hearing or hearings (collectively, the “Settlement Hearing”) to be held by the Court to consider and determine whether (1) the requirements for certification of the Settlement Class have been met; (2) whether the proposed settlement of the Action is in accordance with the terms set forth in the Settlement Agreement, including whether as part of the Settlement the payment of certain Lead Class Counsel’s attorneys’ fees and reimbursement of expenses, should be approved as fair, reasonable, and adequate under Rule 23 adequate; and (3) whether the Judgment approving the Settlement and dismissing the Action on the merits and with prejudice against Plaintiff and Settlement Class Members should be entered; 8. Providing that the Settlement Hearing may, from time to time and without further notice to the Settlement Class (except those Settlement Class Members who file timely and valid objections), be continued or adjourned by order of the Federal Rules Court;‌ 9. Providing a procedure for members of Civil Procedure subject the Settlement Class to final determination by request exclusion from the Settlement Class and for filing papers in support of the Settlement with the Court; c. Approve 10. Providing that any objections by any Settlement Class Member to: (i) the appointment certification of the Settlement Class Representatives as representatives and the proposed settlement contained in the Settlement Agreement and described in the Long Form Notice, including the provision for payment of attorneys’ fees and reimbursement of expenses, and/or (ii) entry of the Class for the Settlement Judgment, shall be heard and the appointment any papers submitted in support of Class Counsel as counsel for the Class for the Settlement; d. Approve a form of Class Notice substantially in the form of Exhibit 1 to said objections shall be sent to the individuals on the Notice List; e. Set deadlines consistent with this Agreement for mailing of the Class Notice, the filing of opt-outs and objections, and filing of motions, and the filing of papers in connection with the Final Approval Hearing; f. Direct the Settlement Administrator, following entry considered by the Court of at the Settlement Hearing only if, on or before a date (or dates) to be specified in the Preliminary Approval Order, to mail the Class Notice to each individual such objector serves a written objection on the Notice List by first-class mail; g. Set a date for a Final Approval Hearing on final approval of this Settlement; h. Establish a procedure for Class Members to exclude themselves and set a date, at least thirty days before the Final Approval Hearing, after which no Class Member shall be allowed to opt out of the Settlement and shall be bound to the terms of the Settlement; i. Establish a procedure for Settlement Class Members to appear and/or object to the Settlement and set a date, at least thirty days before the Final Approval Hearing, after which no Settlement Class Member shall be allowed to object; j. Require any attorneys representing objecting Settlement Class Members, at the objecting Settlement Class Member’s expense, to file a notice of appearance; k. Stay all proceedings in the Action against the Defendant, other than proceedings as may be necessary to carry out the terms and conditions of the Agreement; l. Pending Final Approval, and upon expiration of the Opt-Out Deadline, prohibit each Settlement Class Member, Lead Class Counsel and other counsel from maintaining, commencing, prosecuting by mail or pursuing directly, representatively, or in any other capacity any Released Claim subsumed and covered email so that it is received by Lead Class Counsel no later than the date set by the Release in this Agreement in any court or arbitration forum; m. Contain such other and further provisions consistent with the terms and provisions of this Agreement as the Court may deem advisableCourt; and n. Authorize the Parties to take all necessary and appropriate steps to establish the means necessary to implement the terms of this Agreement.

Entry of Preliminary Approval Order. The Court shall enter a Preliminary Approval Order in substantially the form of that attached as Exhibit 2 hereto, which shall among other things, preliminarily: a. Preliminarily certify Certify the proposed Class under Rule 23(a) and (b)(3) 23 of the Federal Rules of Civil Procedure for settlement purposes only; b. Preliminarily approve Approve this Agreement as fair, reasonable, 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 and authorize dissemination of a form of Class Mail Notice substantially in the form of Exhibit 1 1-A to be sent by the Settlement Administrator to the individuals on the Notice List by first class mail forty-five (45) days after SC provides it with the Notice List; e. Set deadlines consistent with this Agreement for mailing Approve a form of Notice substantially in the Class Notice, form of Exhibit 1-B to be posted by the filing of optSettlement Administrator to the Settlement Website forty-outs and objections, and filing of motions, and the filing of papers in connection five (45) days after SC provides it with the Notice List; f. Schedule a Final Approval Hearing; f. Direct the Settlement Administrator, following entry by the Court of the Preliminary Approval Order, to mail the Class Notice to each individual on the Notice List by first-class mail; g. Set a date for a Final Approval Hearing on final approval of this Settlement; h. Establish a procedure for Settlement Class Members to exclude themselves and set a date, at least thirty no earlier than sixty (60) days before after the Final Approval Hearing, Settlement Administrator sends Mail Notice after which no Settlement Class Member shall be allowed to opt out of the Settlement and shall be bound to the terms of the Settlement; i. h. Establish a procedure for Settlement Class Members to appear and/or object to the Settlement and set a date, at least thirty no earlier than sixty (60) days before after the Final Approval HearingSettlement Administrator sends Mail Notice, after which no Settlement Class Member shall be allowed to object; j. i. Require any attorneys representing objecting Settlement Class Members, at the objecting Settlement Class Member’s expense, to file a notice of appearance; k. j. Stay all proceedings in the Action against the Defendant, other than proceedings as may be necessary to carry out the terms and conditions of the Agreement; l. k. Pending entry of a Final ApprovalApproval Order and Judgment, and upon expiration of the Opt-Out Deadline, prohibit preliminarily enjoin each Settlement Class Member, Class Counsel and other counsel Member from maintaining, commencing, prosecuting or pursuing directly, representatively, or in any other capacity any Released Claim subsumed and covered by the Release in this Agreement in any court or arbitration forum; m. l. Contain such other and further provisions consistent with the terms and provisions of this Agreement as the Court may deem advisable; and n. m. Authorize the Parties to take all necessary and appropriate steps to establish the means necessary to implement the terms of this Agreement.

Entry of Preliminary Approval Order. The Court shall will be requested to enter a Preliminary Approval Order adopting the terms and conditions set forth in substantially the form of that attached as Exhibit 2 hereto1, which shall shall, among other things: a. Preliminarily certify approve the proposed Class under Rule 23(a) Settlement as fair, reasonable and (b)(3) adequate and approve selection of the Federal Rules of Civil Procedure for settlement purposes onlyAdministrator; b. Preliminarily approve this Agreement certify the litigation Class previously certified herein for settlement purposes, as fair, reasonabledefined herein, and adequate under Rule 23 of designate the Federal Rules of Civil Procedure subject to final determination by Plaintiff and the Court; c. Approve the appointment of the Additional Class Representatives as the representatives of the Class for Settlement Class, and designate the Settlement and the appointment of Class Counsel as counsel for the Class for Settlement Class; c. Vacate any further scheduled dates and stay consideration of all other motions and deadlines pending in the SettlementAction; d. Approve a form Order the issuance of Class Notice substantially in 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 form Due Process Clause of Exhibit 1 to be sent to the individuals on the Notice ListUnited States Constitution; e. Set deadlines consistent with this Agreement for mailing of Appoint JND Legal Administration as the Class Notice, the filing of opt-outs and objections, and filing of motions, and the filing of papers in connection with the Final Approval HearingAdministrator; f. Direct Find that all notices concerning the Settlement Administrator, following entry required by the Court 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 mail the Class Notice to each individual on the Notice List by first-class mail; g. Set a date for a Final Approval Hearing on final approval of this Settlement; h. Establish a procedure for do so shall bind those Class Members to exclude themselves and set a date, at least thirty days before the Final Approval Hearing, after which no Class Member shall be allowed to opt out of who remain in the Settlement and shall be bound to the terms of the SettlementClass; i. Establish a procedure for Settlement Require Class Members who wish to appear and/or object to the Settlement to submit a timely written objection by an objection deadline in the Preliminary Approval Order, and set advise that a date, at least thirty days before failure to do so shall prevent those Class Members from objecting to the Final Approval Hearing, after which no Settlement Class Member shall be allowed to objectSettlement; j. Require any attorneys representing objecting Class Member who objects to the Settlement Class Members, and wishes to appear at the objecting Settlement Class Member’s expense, Final Approval Hearing to file a notice of appearanceintent to appear; k. Stay all proceedings in Provide that the Action against Final Approval Hearing may take place, at the Defendant, other than proceedings as may be necessary to carry out the terms and conditions sole discretion of the AgreementCourt, 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 who files a notice of intent to appear shall be provided with information required to access the telephone or video hearing; l. Pending Final ApprovalOrder that the Class Notice and Claim Form be sent to Class Members and set the Claim Deadline; m. Preliminarily enjoin all Class Members, unless and upon expiration of until they have timely and properly excluded themselves from the Opt-Out DeadlineSettlement, prohibit each Settlement Class Member, Class Counsel and other counsel from maintainingfrom (i) filing, commencing, prosecuting or pursuing directlyprosecuting, representativelymaintaining, intervening in, or participating as a plaintiff, claimant, or class member in any other capacity any Released Claim subsumed and covered by the Release in this Agreement lawsuit or administrative, regulatory, arbitration, or other proceeding in any court jurisdiction, individually or arbitration forumas a class action on behalf of any Class Members who have not timely excluded themselves, based on or arising from the Released Claims; and (ii) attempting to organize an opt-out class of individuals in any lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction based on or arising from the Released Claims; m. Contain such other and further provisions consistent with the terms and provisions of this Agreement as the Court may deem advisable; and n. Authorize the Parties to take all necessary and appropriate steps to establish implement the means Settlement as set forth in this Agreement; and o. Enforce such additional provisions as provided in Exhibit 1 as necessary to implement this Agreement and the terms Settlement, and to issue related orders to effectuate the preliminary approval of this the Settlement Agreement.

Entry of Preliminary Approval Order. The Bankruptcy Court shall enter a Preliminary Approval Order in the same or substantially the same form of that as attached as Exhibit 2 3 hereto, which shall among other things: a. Preliminarily certify the proposed Class under Rule 23(a) and (b)(3) 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 Representatives Representative as representatives representative 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 the Class Notice substantially in the same or substantially the same form of Exhibit 1 to be sent to the individuals on the Notice Listas Exhibits 1a and 1b; e. Set deadlines consistent with this Agreement for mailing of the Class Notice, the filing of opt-outs and objections, and filing of motions, and the filing of papers in connection with the Final Approval Hearing; f. Direct the Settlement Administrator, following promptly after entry by the Bankruptcy Court of the Preliminary Approval Order, to mail the Class Mail Notice to each individual on the Notice List by first-class mail; g. Set a date for a Final Approval Hearing on final approval of this Settlement; h. f. Establish a procedure for Members of the Class Members to exclude themselves and set a date, at least thirty days before the Final Approval Hearing, date after which no Member of the Class Member shall be allowed to opt out of the Settlement and shall be bound to the terms of the Settlement; i. g. Establish a procedure for Settlement Class Members to appear and/or object to the Settlement and set a date, at least thirty days before the Final Approval Hearing, date after which no Settlement Class Member shall be allowed to object; j. h. Require any attorneys representing objecting Settlement Class Members, at the objecting Settlement Class Member’s expense, to file a notice of appearance; k. i. Stay all proceedings in the Action against the Defendant, other than proceedings as may be necessary to carry out the terms and conditions of the Agreement; l. Pending Final Approval, and upon expiration of the Opt-Out Deadline, prohibit each Settlement Class Member, Class Counsel and other counsel from maintaining, commencing, prosecuting or pursuing directly, representatively, or in any other capacity any Released Claim subsumed and covered by the Release in this Agreement in any court or arbitration forum; m. Contain such other and further provisions consistent with the terms and provisions of this Agreement as the Court may deem advisable; and n. Authorize the Parties to take all necessary and appropriate steps to establish the means necessary to implement the terms of this Agreement.

Entry of Preliminary Approval Order. The Court shall enter a Preliminary Approval Order in the same or substantially the same form of that as attached as Exhibit 2 5 hereto, which shall among other things: a. Preliminarily certify the proposed Class under Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure for settlement purposes only; b. Preliminarily approve this Agreement as fair, reasonable, 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 Class Notice substantially in the same or substantially the same form of as Exhibit 1 1, Exhibit 2, and Exhibit 3 hereto to be sent provided to the individuals on the Notice List; e. Set deadlines consistent with this Agreement for mailing of the Class Notice, the filing of opt-outs and objections, and filing of motions, and the filing of papers in connection with the Final Approval Hearing; f. Direct the Settlement Administrator, following within thirty (30) days after entry by the Court of the Preliminary Approval Order, to mail the Class Notice in the same or substantially the same form as Exhibit 1 and Exhibit 2 hereto to each individual on the Notice List by first-class mailmail and email where available and send the Text Message in the same or substantially same form as Exhibit 3 where available; f. Direct the Settlement Administrator, within thirty (30) days after entry by the Court of the Preliminary Approval Order, to establish the Settlement Website, which shall contain copies of the Agreement and Exhibits, including the Notice in the same or substantially the same form as Exhibit 1 and Exhibit 2 hereto; g. Set a date for Schedule a Final Approval Hearing on final approval of this SettlementSettlement at least one hundred forty (140) days after entry of the Preliminary Approval Order; h. Establish a procedure for Class Members to exclude themselves and set a datean Opt-Out Deadline, at least thirty no later than sixty-five (65) days before the Final Approval Hearing, after which no Class Member shall be allowed to opt out of the Settlement and shall be bound to the terms of the Settlement; i. Establish a procedure for Settlement Class Members to appear and/or object to the Settlement and set a datean Objection Deadline, at least thirty no later than sixty-five (65) days before the Final Approval Hearing, after which no Settlement Class Member shall be allowed to object; j. Require any attorneys representing objecting Settlement Class Members, at the objecting Settlement Class Member’s expense, to file a notice of appearance; k. Stay all proceedings in the Action against the DefendantSoFi, other than proceedings as may be necessary to carry out the terms and conditions of the Agreement; l. Pending Final Approval, and upon expiration of the Opt-Out Deadline, prohibit bar each Settlement Class Member, Class Counsel and other counsel Member from maintaining, commencing, prosecuting or pursuing directly, representatively, or in any other capacity any Released Claim subsumed and covered by the Release in this Agreement in any court or arbitration forum; m. Contain such other and further provisions consistent with the terms and provisions of this Agreement as the Court may deem advisable; and n. Authorize the Parties to take all necessary and appropriate steps to establish the means necessary to implement the terms of this Agreement.

Entry of Preliminary Approval Order. The Court shall enter a Preliminary Approval Order in substantially the form of that attached as Exhibit 2 hereto, which shall among other things, preliminarily: a. Preliminarily certify Certify the proposed Class under Rule 23(a) and (b)(3) 23 of the Federal Rules of Civil Procedure for settlement purposes only; b. Preliminarily approve Approve this Agreement as fair, reasonable, 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 Class Mail Notice substantially in the form of Exhibit 1 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. Set deadlines consistent with this Agreement for mailing Approve a form of Email Notice substantially in the Class Notice, form of Exhibit 1-C to be sent by the filing of opt-outs and objections, and filing of motions, and Settlement Administrator to the filing of papers in connection individuals on the Notice List thirty (30) days after XXXX provides it with the Final Approval HearingNotice 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, following after entry by the Court of the Preliminary Approval Order, to mail the Class Mail Notice to each individual on the Notice List by first-first- class mail; g. Set a date for a Final Approval Hearing on final approval of this Settlementmail thirty (30) days after it receives the Notice List from BANA; h. Establish a procedure for Class Members to exclude themselves and set a date, at least thirty days before Direct the Final Approval HearingSettlement Administrator, after which no Class Member shall be allowed to opt out entry by the Court of the Settlement and shall be bound to the terms of the Settlement; i. Establish a procedure for Settlement Class Members to appear and/or object to the Settlement and set a date, at least thirty days before the Final Preliminary Approval Hearing, after which no Settlement Class Member shall be allowed to object; j. Require any attorneys representing objecting Settlement Class Members, at the objecting Settlement Class Member’s expenseOrder, to file a notice of appearance; k. Stay all proceedings in email the Action against Email Notice to each individual on the Defendant, other than proceedings as may be necessary to carry out the terms and conditions of the Agreement; l. Pending Final Approval, and upon expiration of the Opt-Out Deadline, prohibit each Settlement Class Member, Class Counsel and other counsel from maintaining, commencing, prosecuting or pursuing directly, representatively, or in any other capacity any Released Claim subsumed and covered by the Release in this Agreement in any court or arbitration forum; m. Contain such other and further provisions consistent with the terms and provisions of this Agreement as the Court may deem advisable; and n. Authorize the Parties to take all necessary and appropriate steps to establish the means necessary to implement the terms of this Agreement.Notice List thirty

Entry of Preliminary Approval Order. The Court shall enter a Preliminary Approval Order in substantially the form of that attached as Exhibit 2 hereto, which shall among other things: a. Preliminarily certify the proposed Class under Rule 23(a) and (b)(3) 52.08 of the Federal Missouri Rules of Civil Procedure for settlement purposes only; b. Preliminarily approve this Agreement as fair, reasonable, reasonable and adequate under Rule 23 52.08 of the Federal Missouri Rules of Civil Procedure subject to final determination by the Court; c. Approve the appointment of the Class Representatives Representative as representatives representative 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 mailed to the individuals on the Notice List and Class Notice substantially in the form of Exhibit 1 1-B to be sent to the individuals posted on the Notice ListSettlement Website; e. Set deadlines consistent with this Agreement for mailing of the Class Notice, the filing of opt-outs and objections, and filing of motions, and the filing of papers in connection with the Final Approval Hearing; f. Direct the Settlement Administrator, following promptly after entry by the Court of the Preliminary Approval Order, to mail the Class Notice to each individual on the Notice List by first-first- class mail; g. Set a date for f. Schedule a Final Approval Hearing on for final approval of this Settlementsettlement; h. g. Establish a procedure for Members of the Class Members to exclude themselves and set a date, at least thirty sixty (60) days before the Final Approval Hearing, after which no Member of the Class Member shall be allowed to opt out of the Settlement and shall be bound to the terms of the Settlement; i. h. Establish a procedure for Settlement Class Members to appear and/or object to the Settlement and set a date, at least thirty sixty (60) days before the Final Approval Hearing, after which no Settlement Class Member shall be allowed to object; j. i. Require any attorneys representing objecting Settlement Class Members, at the objecting Settlement Class Member’s expense, to file a notice of appearance; k. j. Stay all proceedings in the Action against the DefendantTDAF, other than proceedings as may be necessary to carry out the terms and conditions of the Agreement; l. Pending Final Approval, and upon expiration of the Opt-Out Deadline, prohibit each Settlement Class Member, Class Counsel and other counsel from maintaining, commencing, prosecuting or pursuing directly, representatively, or in any other capacity any Released Claim subsumed and covered by the Release in this Agreement in any court or arbitration forum; m. k. Contain such other and further provisions consistent with the terms and provisions of this Agreement as the Court may deem advisable; and n. l. Authorize the Parties to take all necessary and appropriate steps to establish the means necessary to implement the terms of this Agreement.

Entry of Preliminary Approval Order. The Class Counsel shall request the Court shall to enter a Preliminary Approval Order in substantially the similar form of that attached as Exhibit 2 heretoB, which shall shall, among other things, comply with the requirements set forth in paragraph 3.c.iii, and: a. Preliminarily certify i. Certify for purposes of settlement only the proposed Settlement Class, approving Xxxxxxx Xxxxx as class representative, and appointing Class under Counsel as counsel for the Settlement Class pursuant to Florida Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure for settlement purposes only1.220; b. ii. Preliminarily approve this the Agreement and settlement as fair, reasonable, and adequate under such that a presumption of fairness is appropriate; iii. Order the issuance of Class Notice to the putative Class Members, and determine that Class Notice complies with all legal requirements, including, but not limited to Rule 23 1.220 and the Due Process Clause of the Federal Rules of Civil Procedure subject United States Constitution; iv. Schedule a date and time for a Final Approval Hearing after the Order preliminarily approving the Settlement Agreement to final determination determine whether the Agreement and settlement should be finally approved by the Court; c. Approve v. Require putative Class Members who wish to exclude themselves from the appointment Settlement 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 putative Class Members who fail to do so shall remain Class Members and be bound by the Agreement, the settlement described herein, the Class Release set forth in paragraph 11.a, and all orders of the Court relating thereto. vi. Require putative Class Representatives as representatives of the Class for Members who wish to object to the Settlement Agreement to submit an appropriate and timely written statement by the appointment of Objection Deadline, as directed in the Agreement and Class Counsel as counsel for the Notice, and advise that a failure to do so shall prevent those Class for Members from objecting to the Settlement; d. Approve vii. Preliminarily bar and enjoin each and every Class Member (excluding those Class Members who submit a form of Class Notice substantially timely and valid request to opt-out) from bringing or joining in any action against the form of Exhibit 1 to be sent to the individuals on the Notice ListDefendant asserting a Released Claim; e. Set deadlines consistent with this Agreement for mailing of the Class Notice, the filing of opt-outs and objections, and filing of motions, and the filing of papers in connection with the Final Approval Hearing; f. Direct the Settlement Administrator, following entry by the Court of the Preliminary Approval Order, to mail the Class Notice to each individual on the Notice List by first-class mail; g. Set a date for a Final Approval Hearing on final approval of this Settlement; h. Establish a procedure for Class Members to exclude themselves and set a date, at least thirty days before the Final Approval Hearing, after which no Class Member shall be allowed to opt out of the Settlement and shall be bound to the terms of the Settlement; i. Establish a procedure for Settlement Class Members to appear and/or object to the Settlement and set a date, at least thirty days before the Final Approval Hearing, after which no Settlement Class Member shall be allowed to object; j. viii. Require any attorneys representing objecting Settlement any Class MembersMember, at the objecting Settlement Class Member’s expense, to file a notice of appearance; k. Stay all proceedings in the Action against the Defendant, other than proceedings as may be necessary to carry out the terms and conditions of the Agreement; l. Pending Final Approval, and upon expiration of the Opt-Out Deadline, prohibit each Settlement Class Member, Class Counsel and other counsel from maintaining, commencing, prosecuting or pursuing directly, representatively, or in any other capacity any Released Claim subsumed and covered by the Release in this Agreement in any court or arbitration forum; m. Contain such other and further provisions consistent with the terms and provisions of this Agreement as the Court may deem advisable; and n. ix. Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement the terms Agreement; and x. Issue related orders to effectuate the preliminary approval of this Agreementthe Agreement and the settlement described herein.

Entry of Preliminary Approval Order. The Court shall enter a Preliminary Approval Order in the same or substantially the same form of that attached as Exhibit 2 5 attached hereto, which shall among other things: a. Preliminarily certify the proposed Class under Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure for settlement purposes only; b. Preliminarily approve this Agreement as fair, reasonable, 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 Class Notice substantially in the same or substantially the same form of as Exhibit 1 1, Exhibit 2, and Exhibit 3 hereto to be sent provided to the individuals on the Notice List; e. Set deadlines consistent with this Agreement for mailing of the Class Notice, the filing of opt-outs and objections, and filing of motions, and the filing of papers in connection with the Final Approval Hearing; f. Direct the Settlement Administrator, following within thirty (30) days after entry by the Court of the Preliminary Approval Order, to mail disseminate the Class Notice in the same or substantially the same form as Exhibit 1 and Exhibit 3 hereto to each individual on the Notice List by first-class email and text message (and, where either an email address or phone number are unavailable, by mail). The Notice will include, as an attachment or link, the Claim Form in the form of Exhibit 3 to this agreement. f. Direct the Settlement Administrator, within ten (10) days after entry by the Court of the Preliminary Approval Order, to establish the Settlement Website, which shall contain copies of the Agreement and Exhibits, including the Notice in the same or substantially the same form as Exhibit 1 and Exhibit 3 hereto; g. Set a date Direct Class Counsel to file their motion for attorneys’ fees and costs. h. Schedule a Final Approval Hearing on final approval of this Settlement, including a hearing on the request for attorneys’ fees and costs, at least one hundred and forty (140) days after entry of the Preliminary Approval Order; h. i. Establish a procedure for Class Members to exclude themselves and set a datean Opt-Out Deadline, at least thirty no later than fifty (50) days before the Final Approval Hearing, after which no Class Member shall be allowed to opt out of the Settlement and shall be bound to the terms of the Settlement; i. j. Establish a procedure for Settlement Class Members to appear and/or object to the Settlement and set a datean Objection Deadline, at least thirty no later than fifty (50) days before the Final Approval Hearing, after which no Settlement Class Member shall be allowed to object; j. k. Require any attorneys representing objecting Settlement Class Members, at the objecting Settlement Class Member’s expense, to file a notice of appearance; k. l. Stay all proceedings in the Action against the DefendantDiscover, other than proceedings as may be necessary to carry out the terms and conditions of the Agreement; l. m. Pending Final Approval, and upon expiration of the Opt-Out Deadline, prohibit bar each Settlement Class Member, Class Counsel and other counsel Member from maintaining, commencing, prosecuting or pursuing directly, representatively, or in any other capacity any Released Claim subsumed and covered by the Release in this Agreement in any court or arbitration forum; m. n. Contain such other and further provisions consistent with the terms and provisions of this Agreement as the Court may deem advisable; and n. o. Authorize the Parties to take all necessary and appropriate steps to establish the means necessary to implement the terms of this Agreement.

Entry of Preliminary Approval Order. The Court shall enter a Preliminary Approval Order in the same or substantially the same form of that as attached as Exhibit 2 3 hereto, which shall among other things: a. Preliminarily certify the proposed Class under Rule 23(a) and (b)(3b(3) of the Federal Rules of Civil Procedure for settlement purposes only; b. Preliminarily approve this Agreement as fair, reasonable, 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 Class Notice substantially in the same or substantially the same form of as Exhibit 1 and Exhibit 2 hereto to be sent provided to the individuals on the Notice List; e. Set deadlines consistent with this Agreement for mailing of the Class Notice, the filing of opt-outs and objections, and filing of motions, and the filing of papers in connection with the Final Approval Hearing; f. Direct the Settlement Administrator, following within thirty-five (35) days after entry by the Court of the Preliminary Approval Order, to mail the Class Notice in the same or substantially the same form as Exhibit 1 and Exhibit 2 hereto to each individual on the Notice List by first-class mailmail and email where available; f. Direct the Settlement Administrator, within thirty-five (35) days after entry by the Court of the Preliminary Approval Order, to establish the Settlement Website, which shall contain copies of the Agreement and Exhibits, including the Notice in the same or substantially the same form as Exhibit 1 and Exhibit 2 hereto; g. Set a date for Schedule a Final Approval Hearing on final approval of this SettlementSettlement at least one hundred twenty-five (125) days after entry of the Preliminary Approval Order; h. Establish a procedure for Class Members to exclude themselves and set a datean Opt-Out Deadline, at least thirty no later than forty-five (45) days before the Final Approval Hearing, after which no Class Member shall be allowed to opt out of the Settlement and shall be bound to the terms of the Settlement; i. Establish a procedure for Settlement Class Members to appear and/or object to the Settlement and set a datean Objection Deadline, at least thirty no later than forty-five (45) days before the Final Approval Hearing, after which no Settlement Class Member shall be allowed to object; j. Require any attorneys representing objecting Settlement Class Members, at the objecting Settlement Class Member’s expense, to file a notice of appearance; k. Stay all proceedings in the Action against the DefendantWells Fargo, other than proceedings as may be necessary to carry out the terms and conditions of the Agreement; l. Pending Final Approval, and upon expiration of the Opt-Out Deadline, prohibit bar each Settlement Class Member, Class Counsel and other counsel Member from maintaining, commencing, prosecuting or pursuing directly, representatively, or in any other capacity any Released Claim subsumed and covered by the Release in this Agreement in any court or arbitration forum; m. Contain such other and further provisions consistent with the terms and provisions of this Agreement as the Court may deem advisable; and n. Authorize the Parties to take all necessary and appropriate steps to establish the means necessary to implement the terms of this Agreement.