FINAL APPROVAL AND JUDGMENT ORDER. 13.01 No later than fourteen (14) days prior to the Final Approval Hearing, the Claims Administrator shall file with the Court and serve on counsel for all Parties a declaration stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order.
13.02 If the settlement is approved preliminarily by the Court, and all other conditions precedent to the settlement have been satisfied, no later than fourteen (14) days prior to Final Approval Hearing:
A. The Parties shall both request, individually or collectively, that the Court enter the Final Approval Order in substantially the form attached as Exhibit A, with Class Counsel filing a memorandum of points and authorities in support of the motion.
B. Counsel for the Class and Defendant may file a memorandum addressing any Objections submitted to the settlement.
13.03 At the Final Approval Hearing, the Court will consider and determine whether the provisions of this Agreement should be approved, whether the settlement should be finally approved as fair, reasonable and adequate, whether any objections to the settlement should be overruled, whether the fee award and incentive payments to the Class Representatives should be approved, whether Class Counsel is entitled to an award of attorneys’ fees, and whether a judgment finally approving the settlement should be entered.
13.04 This Agreement is subject to and conditioned upon the issuance by the Court of a Final Approval Order which grants final approval of this Agreement and:
A. Finds that the Notice provided satisfies the requirements of due process and Fed. R. Civ. P. 23(e)(1);
B. Finds that Settlement Class Members have been adequately represented by the Class Representative and Class Counsel;
C. Finds that the Settlement Agreement is fair, reasonable and adequate to the Settlement Class, that each Settlement Class Member shall be bound by this Agreement, including the releases in Sections XVI, and the covenant not to xxx in Section 16.02, and that this Settlement Agreement should be and is finally approved;
D. Dismisses on the merits and with prejudice all claims of the Settlement Class Members asserted against Defendant in the Action, with each Party waiving all rights to appeal and waiving all rights to seek reimbursement of attorneys’ fees or costs (except as expressly provided in this Agreement);
E. Permanently enjoins each and every Settlement Class Member from bringing, joining, or continui...
FINAL APPROVAL AND JUDGMENT ORDER. 11.01. No later than fourteen (14) calendar days prior to the Final Approval Hearing, the Claims Administrator shall file with the Court and serve on counsel for all Parties a declaration stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order.
11.02. If the Settlement is approved preliminarily by the Court, and all other conditions precedent to the settlement have been satisfied, no later than fourteen (14) calendar days prior to Final Approval Hearing:
a. The Parties shall both request, individually or collectively, that the Court enter the Final Approval Order in substantially the form attached as Exhibit B, with Class Counsel filing a memorandum of points and authorities in support of the motion; and,
b. Class Counsel and/or Defendant may file a memorandum addressing any objections submitted to the Settlement.
FINAL APPROVAL AND JUDGMENT ORDER. 11.01 No later than fourteen (14) calendar days prior to the Final Approval Hearing, the
11.02 If the Court issues the Preliminary Approval Order, and all other conditions precedent to the Settlement have been satisfied, no later than fourteen (14) calendar days prior to Final Approval Hearing:
a. All Parties will request, individually or collectively, that the Court enter the Final Approval Order in substantially the form attached as Exhibit C, with Class Counsel filing a memorandum of points and authorities in support of the motion; and,
b. Class Counsel and/or Defendants may file a memorandum addressing any Objections submitted to the Settlement.
FINAL APPROVAL AND JUDGMENT ORDER. No later than fourteen (14) calendar days prior to the Final Approval Hearing, the Claims Administrator shall file with the Court and serve on counsel for all Parties a declaration stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order.
FINAL APPROVAL AND JUDGMENT ORDER. 12.01 No later than fourteen (14) calendar days before the Fairness Hearing, the Class Administrator will file with the Court and serve on counsel for all Parties a declaration stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order, and describe the important aspects of the notice process such as digital impressions, claims, opt outs, telephone calls etc.
12.02 If the Court issues the Preliminary Approval Order and all other conditions precedent to the Settlement have been satisfied, no later than fourteen (14) calendar days before Fairness Hearing and fourteen (14) days after the Objection Deadline:
a. All Parties will request, individually or collectively, that the Court enter the Final Approval Order in substantially similar form as the proposed order attached as Exhibit C, with Class Counsel filing a memorandum of points and authorities in support of the motion;
b. Defendant may file a memorandum in support of the motion; and
c. Class Counsel and Defendant may file memoranda addressing any Objections submitted to the Settlement.
FINAL APPROVAL AND JUDGMENT ORDER
