FINAL APPROVAL AND FINAL JUDGMENT. A. If the Court grants Preliminary Approval of this Settlement Agreement, Class Plaintiffs, through Class Counsel, shall, in accordance with the schedule set forth in the Court’s Preliminary Approval Order, submit to the Court a separate motion for Final Approval of this Settlement Agreement. The motion for Final Approval shall seek entry of an order and Final Judgment that:
i. Finally approves the Settlement as a fair, reasonable, and adequate settlement for the Settlement Class within the meaning of Federal Rule of Civil Procedure 23, and directs that the Settlement be implemented, performed, and consummated in full pursuant to the terms and conditions set forth in this Settlement Agreement;
ii. Finds
(1) that the Court has personal jurisdiction over the Class Plaintiffs, GTL, and all Settlement Class Members and (2) that the Court has subject-matter jurisdiction to approve the Settlement and Settlement Agreement;
iii. Certifies the Settlement Class solely for purposes of this Settlement;
iv. Finds that the Settlement Class Notice Program: (i) constituted the best practicable notice; (ii) constituted notice that was reasonably calculated under the circumstances to apprise the Settlement Class of the pendency of the Action, of their rights to object to or exclude themselves from the proposed Settlement, and of their right to appear at the Fairness Hearing; (iii) constituted reasonable, due, adequate and sufficient notice to all persons entitled to receive notice; and (iv) met all requirements applicable law, including the Due Process Clause;
v. Finds that Class Counsel and the Class Plaintiffs adequately represented the Settlement Class for purposes of entering into and implementing the Settlement and Settlement Agreement;
vi. Dismisses the Action with prejudice;
vii. Orders the Class Plaintiffs and Settlement Class Members to discharge the Released Parties of and from all further liability to the Class Plaintiffs and Settlement Class Members with respect to the Released Claims (but not as to any obligations created or owed pursuant to this Settlement Agreement);
viii. Permanently bars and enjoins Class Plaintiffs and Settlement Class Members from bringing, filing, commencing, prosecuting (or further prosecuting), or intervening in any other lawsuit, arbitration, or administrative, regulatory, or other proceeding or cause of action in law or equity that asserts the Released Claims or from receiving any settlement consideration in any other lawsuit, arbitr...
FINAL APPROVAL AND FINAL JUDGMENT. In accordance with the schedule set forth in the Preliminary Approval Order, Class Counsel shall draft and file the motion requesting final approval of the Settlement, the Proposed Final Approval Order, and the Proposed Final Judgment and shall provide those drafts to Apple Counsel at least 10 days before filing such motion with the Court. Apple may provide feedback concerning the motion, and Class Counsel will meet and confer with Apple in good faith regarding Apple’s feedback. Additionally, Apple may file supplemental briefing in support of Named Plaintiff’s final approval motion.
FINAL APPROVAL AND FINAL JUDGMENT. The Parties shall seek a date for the final approval and fairness hearing no sooner than one-hundred twenty (120) days after the Notice Date set forth in the Preliminary Approval Order, and the motion requesting final approval of the Settlement shall be due one hundred (100) days after the Notice Date. Class Counsel shall draft and file the motion requesting final approval of the Settlement, the Proposed Final Approval Order, and the Proposed Final Judgment and shall provide those drafts to FieldTurf Counsel at least ten (10) days before filing such motion with the Court. FieldTurf may provide feedback concerning the motion, and Class Counsel will meet and confer with FieldTurf in good faith regarding FieldTurf’s feedback.
FINAL APPROVAL AND FINAL JUDGMENT
