Fairness Hearing and Motion for Final Approval and Dismissal. (A) At the time established by the Court via the Preliminary Approval Motion, or on a date mutually agreed upon by the Parties, Plaintiffs’ Counsel will file with the Court a Motion for Final Approval of Settlement, and a Proposed Order Approving the Settlement and Dismissing the Action with prejudice (“Final Approval Motion”) that is consistent with this Agreement.
Fairness Hearing and Motion for Final Approval and Dismissal. In accordance with the schedule set by the Court in its Preliminary Approval Order and in advance of the Fairness Hearing, Class Counsel shall file a “Motion for Final Approval,” with supporting documents and materials for final approval of the settlement, which shall be subject to review and comment by Dyson. The Motion for Final Approval may contain a compliance affidavit from the Settlement Administrator, an application for attorneys’ fees, costs and the Service Awards, and supporting affirmation and documents from Class Counsel regarding the fairness, adequacy and reasonableness of the Settlement or any aspect related to this Agreement. The Motion for Final Approval may also include a proposed Final Approval Order. The “
Fairness Hearing and Motion for Final Approval and Dismissal. (A) No later than seven (7) calendar days before the Fairness Hearing, Plaintiff will submit a Motion for Final Approval and Judgment. No later than three (3) calendar days before the submission of the Motion for Final Approval, Plaintiff will send a draft to Defendant’s Counsel for their review. The Fairness Hearing shall be held at the Court’s convenience.
Fairness Hearing and Motion for Final Approval and Dismissal. (A) Not later than 14 days prior to the Fairness Hearing, Plaintiffs will submit, subject to Defendant’s Counsel’s prior approval, a Motion for Judgment and Final Approval (“Motion for Final Approval”). At the Fairness Hearing and in the Motion for Final Approval, the Parties will request that the Court, among other things: (1) approve the settlement and Agreement as fair, reasonable, adequate, and binding on all Class Members who have not timely opted out of the settlement; (2) direct the Claims Administrator to distribute Settlement Distribution Checks to the Class Members who do not timely opt-out, including Service Awards, if any, to be paid to the Named Plaintiff and Lead Plaintiffs as described in this Agreement; (3) approve the payment of attorneys’ fees and costs to Class Counsel; (4) approve the payment of fees to the Claims Administrator; (5) enter an order permanently barring and enjoining all Participating Class Members from pursuing and/or seeking to reopen any Released State Law Claims or Released FLSA Claims, as defined below, but in no way limiting their ability to seek or enforce their rights under this Agreement;
Fairness Hearing and Motion for Final Approval and Dismissal. (A) At the time established by the Arbitrator via the Preliminary Approval Order, Plaintiffs’ Counsel will file with the Arbitrator a Motion for Final Approval of Settlement, and a Proposed Order Approving the Settlement and Dismissing the Litigation with prejudice (“Final Approval Motion”) that is consistent with this Agreement. Thereafter, and no later than 120 days after service of the Arbitrator’s Final Award, the Parties shall file a Joint Petition in the Los Angeles Superior Court pursuant to Code of Procedure section 1292.2 to confirm the Arbitrator’s Final Award and have judgment entered thereon. (ADR-106 PETITION TO CONFIRM, CORRECT, OR VACATE CONTRACTUAL ARBITRATION AWARD (Alternative Dispute Resolution). Parties agree to cooperate in preparing the Joint Petition, memorandum of points and authorities, and declaration of counsel as required by Code of Civil Procedure section 1294.4(b). Neither Party will oppose confirmation of the Final Award and entry of judgment or seek an award of fees or costs connection therewith.
Fairness Hearing and Motion for Final Approval and Dismissal. (A) Not later than 25 calendar days after the end of the Opt-Out Period, the Parties, through their respective counsel, will file a Motion for Judgment and Final Approval requesting that the Court, among other things: (1) issue an order granting final certification, for settlement purposes, of the Class under Rule 23(b)(3) of the Federal Rules of Civil Procedure and 29 U.S.C. § 216(b); (2) approve the settlement and this Agreement as fair, reasonable, adequate, and binding on all Class Members who have not submitted an Opt-Out Statement pursuant to this Agreement; (3) dismiss with prejudice all claims asserted in the Litigation and discharge the Released Claims of all Class Members who did not submit an Opt-out Statement in accordance with this Agreement; (4) order entry of Final Judgment in a form the be proposed by the parties in accordance with this Agreement; (5) retain jurisdiction over the interpretation and implementation of this Agreement as well as any matters arising out of, or related to, the interpretation or implementation of this Agreement and of the settlement contemplated thereby; and (6) approve as fair the individual releases in the form attached as Exhibit A.
Fairness Hearing and Motion for Final Approval and Dismissal. (A) After expiration of the Opt-Out Period, Class Counsel will submit to the Court, subject to Defendants’ Counsel’s prior approval as to consistency with this Agreement: Motions for Final Approval of Settlement, Payment of Service Awards and Payment of Plaintiffs’ Counsel’s Legal Fees and a Proposed Order Approving the Settlement and Dismissing the Litigation with prejudice (“Final Approval Order”). Plaintiffs’ Counsel shall draft the Final Approval Order for review by Defendants’ Counsel.
