Final Approval Hearing. 20 11. The Final Approval Hearing shall be held by the Court on October 12, 2023, at 9 21 a. m., to determine whether the requirements for certification of the Settlement Class have been 22 met; whether the proposed Settlement of the Actions on the terms set forth in the Settlement 23 should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class 24 Members; whether Class Counsel’s motion or application for Fees and Expense Award and 25 application for the Service Awards should be approved; and whether final judgment approving 26 the Settlement and dismissing the Actions on the merits with prejudice against the Named 27 Plaintiffs and all other Settlement Class Members should be entered. The Final Approval 2 filed timely and valid objections and requested to speak at the Final Approval Hearing), be 3 continued or adjourned by order of the Court. 4 12. Any Objector who timely submits an Objection has the option to appear and 5 request to be heard at the Final Approval Hearing, either in person or through the Objector’s 6 counsel. Any Objector wishing to appear and be heard at the Final Approval Hearing must 7 include a Notice of Intention to Appear in the body of the Objector’s Objection. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear may not speak at the Final 9 Approval Hearing without permission of the Court. 10 13. By June 26, 2023, Class Counsel shall file all papers in support of any Motion for 11 a Fee and Expense Award and/or for Service Awards, and shall serve copies of such papers upon 12 Defense Counsel and upon any Objectors who have validly complied with this Order and have 13 filed their objections prior to the date and time of Class Counsel’s fee motion. All opposition 14 papers shall be due by July 31, 2023, and any reply papers shall be filed by August 21, 2023. 15 14. By August 24, 2023, Class Counsel shall file all papers in support of the 16 application for the Final Approval Order and Final Judgment, and shall serve copies of such 17 papers upon Defense Counsel and upon any Objectors who have validly complied with this 18 Order. All opposition papers shall be filed by September 7, 2023, and any reply papers shall be 19 filed by September 21, 2023. 20 15. Class Counsel’s motion or application for a Fee and Expense Award and for
Appears in 1 contract
Samples: Settlement Agreement
Final Approval Hearing. 20 1167. The Parties will recommend that the Final Approval Hearing shall be held scheduled no earlier than one hundred thirty (130) Days after the entry of the Preliminary Approval Order.
68. The Parties may file a response to any objections and a Motion for Final Approval no later than fourteen (14) Days after the Objection Deadline.
69. Any Settlement Class Member who wishes to appear at the Final Approval Hearing, whether pro se or through counsel, must, by the Objection Deadline, either mail or hand-deliver to the Court on October 12or file a notice of appearance in the Litigation, 2023take all other actions or make any additional submissions as may be required in the Long-Form Notice, at 9this Settlement Agreement, or as otherwise ordered by the Court, and mail that notice and any other such pleadings to Class Counsel and Defendant’s Counsel as provided in the Long-Form Notice.
21 70. The Parties shall ask the Court to enter a Final Approval Order and Judgment which includes the following provisions:
a. m., A finding that the Notice Program fully and accurately informed all Settlement Class Members entitled to determine whether the requirements for certification notice of the material elements of the Settlement, constitutes the best notice practicable under the circumstances, constitutes valid, due, and sufficient notice, and complies fully with the laws of California, the United States Constitution, and any other applicable law;
b. A finding that after proper notice to the Settlement Class Class, and after sufficient opportunity to object, no timely objections to this Settlement Agreement have been 22 met; whether the proposed Settlement made, or a finding that all timely objections have been considered and denied;
c. Approval of the Actions on the terms settlement, as set forth in the Settlement 23 should be approved Agreement, as fair, reasonable, adequate, and in the best interests of the Settlement Class 24 Members; whether Class Counsel’s motion or application for Fees and Expense Award and 25 application for the Service Awards should be approved; and whether final judgment approving 26 Class, in all respects, finding that the Settlement is in good faith, and dismissing ordering the Actions on Parties to perform the merits Settlement in accordance with the terms of this Settlement Agreement;
d. A finding that neither the Final Judgment, the settlement, nor the Settlement Agreement shall constitute an admission of liability by any Party, or any liability or wrongdoing whatsoever by any Party;
e. Subject to the reservation of jurisdiction for matters discussed in subparagraph (h) below, a dismissal with prejudice against of the Named 27 Litigation;
f. A finding that Plaintiffs shall, as of the entry of the Final Judgment, conclusively be deemed to have fully, finally, and forever completely released, relinquished, and discharged the Released Persons from the Plaintiffs’ Released Claims;
g. A finding that all other Settlement Class Members should be entered. The Final Approval 2 filed timely and valid objections and requested to speak at the Final Approval Hearing)shall, be 3 continued or adjourned by order as of the Court.
4 12. Any Objector who timely submits an Objection has the option to appear and 5 request to be heard at the Final Approval Hearing, either in person or through the Objector’s 6 counsel. Any Objector wishing to appear and be heard at the Final Approval Hearing must 7 include a Notice of Intention to Appear in the body entry of the Objector’s Objection. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear may not speak at the Final 9 Approval Hearing without permission of the Court.
10 13. By June 26, 2023, Class Counsel shall file all papers in support of any Motion for
11 a Fee and Expense Award and/or for Service Awards, and shall serve copies of such papers upon 12 Defense Counsel and upon any Objectors who have validly complied with this Order and have 13 filed their objections prior to the date and time of Class Counsel’s fee motion. All opposition 14 papers shall be due by July 31, 2023, and any reply papers shall be filed by August 21, 2023.
15 14. By August 24, 2023, Class Counsel shall file all papers in support of the 16 application for the Final Approval Order and Final Judgment, conclusively be deemed to have fully, finally, and forever completely released, relinquished, and discharged the Released Persons from the Released Class Claims; and
h. A reservation of exclusive and continuing jurisdiction over the Litigation and the Parties and Settlement Class Members for the purposes of, among other things,
(i) supervising the implementation, enforcement, construction, and interpretation of the Settlement Agreement, the Preliminary Approval Order, and the Final Judgment; and (ii) supervising the administration and distribution of the relief to the Settlement Class and resolving any disputes that may arise with regard to the foregoing.
71. If and when the Settlement becomes Final, the Litigation and the CAC shall serve copies of such 17 papers upon Defense Counsel be dismissed with prejudice, with each Party to bear its own costs and upon any Objectors who have validly complied attorneys’ fees, costs, and expenses not otherwise awarded in accordance with this 18 Order. All opposition papers shall be filed by September 7, 2023, and any reply papers shall be 19 filed by September 21, 2023Settlement Agreement.
20 15. Class Counsel’s motion or application for a Fee and Expense Award and for
Appears in 1 contract
Samples: Settlement Agreement
Final Approval Hearing. 20 11How Do I Know If I Am Affected By The Litigation And The Settlement? 4 What Is The Lawsuit About? 4 What Does Plaintiff Seek To Recover In The Lawsuit? 5 Why Is The Case Being Settled? 6 What Is The Settlement? 7 What Can I Get In The Settlement? 7 How Do I Make A Claim? 8 What Claims Are Released By The Settlement? 9 How Do I Object To The Settlement? 10 When Will The Court Decide If The Settlement Is Approved? 12 How Do I Get More Information? 13 This case involves dietary supplements labeled as containing Glucosamine Sulfate sold by Doctor’s Best, including Doctor’s Best Glucosamine Sulfate 750mg, Vegan Glucosamine Sulfate 750mg, Synergistic Glucosamine MSM, Glucosamine Chondroitin MSM, Vegan Glucosamine Chondroitin MSM, and Glucosamine Chondroitin MSM + Hyaluronic Acid. The Final Approval Hearing shall be held by For purposes of settlement only, the Court on October 12, 2023, at 9
21 a. m., to determine whether the requirements for certification has certified a Settlement Class. You are a member of the Settlement Class if, between July 22, 2016 and [date of Preliminary Approval], you purchased the Product anywhere in the United States. Your purchase cannot have been 22 metfor purposes of resale. The Settlement Class excludes (1) Xxxxxxxxx Xxxxxxxxx X. Staton, Xxxxxxxxx Xxxx X. Early, and Xxxxxxxxx Xxxxxx X. Infante (Xxx.), and any member of their immediate families; whether the proposed Settlement (2) any government entity; (3) Doctor’s Best; (4) any entity in which Doctor’s Best has a controlling interest; (5) any of Doctor’s Best’s subsidiaries, parents, affiliates, officers, directors, employees, legal representatives, heirs, successors, or assigns; (6) any persons who timely opt out of the Actions Settlement Class; and (7) any Person that purchased the Product for resale. If you are a member of the Settlement Class, you will be bound by the settlement and judgment in this case, unless you request to be excluded. In this lawsuit, the Plaintiff asserts that although the Products’ packaging and labeling, as well as representations made by Doctor’s Best on its websites and in its advertising, state that the terms set forth Products contain Glucosamine Sulfate, the Products in fact contain glucosamine hydrochloride and potassium sulfate and do not contain Glucosamine Sulfate. Plaintiff alleges that Doctor’s Best is liable for (a) unfair, unlawful, and fraudulent business practices in violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq., (b) false advertising in violation of California’s False Advertising Law, Cal. Bus. & Prof. Code § 17500 et seq., (c) violations of the California Consumers Legal Remedies Act, Cal. Civ. Code § 1750 et seq., (d) breach of warranty, and (e) unjust enrichment. Plaintiff seeks to pursue her claims on behalf of herself and others who purchased the Products in the Settlement 23 should be approved as fair, reasonable, adequateUnited States. Doctor’s Best denies that there is any factual or legal basis for Plaintiff’s allegations. Doctor’s Best contends that the labeling of the Products is truthful and non-misleading, and that the Products are properly labeled in accordance with the best interests Official Methods of Analysis of the Association of Official Analytic Collaboration. Doctor’s Best therefore denies all claims asserted by Plaintiff and the Settlement Class and denies that it has engaged in any wrongdoing. Doctor’s Best also denies that Plaintiff or any other members of the Settlement Class 24 Members; whether Class Counsel’s motion has suffered injury or application for Fees and Expense Award and 25 application for the Service Awards should be approved; and whether final judgment approving 26 the Settlement and dismissing the Actions on the merits with prejudice against the Named 27 Plaintiffs and all is entitled to monetary or other Settlement Class Members should be enteredrelief. The Final Approval 2 filed timely and valid objections and requested to speak at the Final Approval Hearing), be 3 continued Court has not determined whether Plaintiff or adjourned by order of the CourtDoctor’s Best is correct.
4 12. Any Objector who timely submits an Objection has the option to appear and 5 request to be heard at the Final Approval Hearing, either in person or through the Objector’s 6 counsel. Any Objector wishing to appear and be heard at the Final Approval Hearing must 7 include a Notice of Intention to Appear in the body of the Objector’s Objection. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear may not speak at the Final 9 Approval Hearing without permission of the Court.
10 13. By June 26, 2023, Class Counsel shall file all papers in support of any Motion for
11 a Fee and Expense Award and/or for Service Awards, and shall serve copies of such papers upon 12 Defense Counsel and upon any Objectors who have validly complied with this Order and have 13 filed their objections prior to the date and time of Class Counsel’s fee motion. All opposition 14 papers shall be due by July 31, 2023, and any reply papers shall be filed by August 21, 2023.
15 14. By August 24, 2023, Class Counsel shall file all papers in support of the 16 application for the Final Approval Order and Final Judgment, and shall serve copies of such 17 papers upon Defense Counsel and upon any Objectors who have validly complied with this 18 Order. All opposition papers shall be filed by September 7, 2023, and any reply papers shall be 19 filed by September 21, 2023.
20 15. Class Counsel’s motion or application for a Fee and Expense Award and for
Appears in 1 contract
Samples: Settlement Agreement
Final Approval Hearing. 20 11. a. The Parties will request that the Court schedule a Final Approval Hearing after the Claims Deadline and Objection Deadline.
b. Class Counsel shall be held file their petition for a Fee Award and Incentive Award no later than thirty (30) days prior to the Objection Deadline.
c. Class Counsel shall file their motion for entry of a Final Approval Order and Judgment no later than fourteen (14) days prior to the Final Approval Hearing.
d. No more than fourteen (14) days prior to the Final Approval Hearing, the Settlement 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.
e. If the Settlement Agreement is preliminarily approved by the Court, and all other conditions precedent to the Settlement have been satisfied, then Plaintiff shall file a Motion for Final Approval asking, inter alia, that the Court on October 12enter a Final Approval Order and Judgment, 2023with Plaintiff filing a memorandum of points and authorities in support of the motion. Either Party may file a memorandum addressing any objection to the Settlement that has been submitted. Any request by Citizens for entry of the Final Approval Order and Judgment, at 9or failure to object to Plaintiff’s request for entry of the Final Approval Order and Judgment, shall not be an admission or concession by Citizens as to any matter pertaining to Plaintiff’s claims or the Action.
21 a. m.f. At the Final Approval Hearing, to the Court will consider and determine whether the requirements for certification provisions of the Settlement Class have been 22 met; whether the proposed Settlement of the Actions on the terms set forth in the Settlement 23 this Agreement should be finally approved as fair, reasonable, and adequate, and in whether any objections to the best interests of Agreement should be overruled, whether the Settlement Class 24 Members; whether Class Counsel’s motion or application for Fees and Expense requested Fee Award and 25 application for the Service Awards requested Incentive Award should be approved; , and whether final a judgment finally approving 26 the Settlement and dismissing the Actions on the merits with prejudice against the Named 27 Plaintiffs and all other Settlement Class Members Agreement should be entered. The Final Approval 2 filed timely and valid objections and requested to speak at the Final Approval Hearing), be 3 continued or adjourned by order of the Court.
4 12. Any Objector who timely submits an Objection has g. This Settlement Agreement is subject to and conditioned upon the option to appear and 5 request to be heard at issuance by the Final Approval Hearing, either in person or through the Objector’s 6 counsel. Any Objector wishing to appear and be heard at the Final Approval Hearing must 7 include Court of a Notice of Intention to Appear in the body of the Objector’s Objection. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear may not speak at the Final 9 Approval Hearing without permission of the Court.
10 13. By June 26, 2023, Class Counsel shall file all papers in support of any Motion for
11 a Fee and Expense Award and/or for Service Awards, and shall serve copies of such papers upon 12 Defense Counsel and upon any Objectors who have validly complied with this Order and have 13 filed their objections prior to the date and time of Class Counsel’s fee motion. All opposition 14 papers shall be due by July 31, 2023, and any reply papers shall be filed by August 21, 2023.
15 14. By August 24, 2023, Class Counsel shall file all papers in support of the 16 application for the Final Approval Order and Final Judgment, and shall serve copies that grants final approval of such 17 papers upon Defense Counsel and upon any Objectors who have validly complied with this 18 Order. All opposition papers shall be filed by September 7, 2023, and any reply papers shall be 19 filed by September 21, 2023.Agreement and:
20 15. Class Counsel’s motion or application for a Fee and Expense Award and for(i. finds that the Notice provided satisfies the requirements of due process;
Appears in 1 contract
Samples: Settlement Agreement
Final Approval Hearing. 20 11At _.m. The on , 2018, in Courtroom of the Xxxxxxxxxx X. Xxxxxxxx III and Xxxxxx X. Xxxxxxx, Xx., Federal Courthouse, 000 Xxxx Xxxxx Xxxxxx, Xxxxxxxx, Xxxxxxxx 00000, or at such other date and time later set by Court Order, this Court will hold a Final Approval Fairness Hearing shall be held by on the Court on October 12fairness, 2023, at 9
21 a. m., adequacy and reasonableness of the Agreement and to determine whether to: (a) finally approve the Settlement as fair, reasonable and adequate to the Settlement Class; (b) find that the Class Notice as given was appropriate under Fed. R. Civ. P. 23(c)(2)(A) and under the circumstances, and is due and sufficient notice to the Settlement Class, and fully satisfies the requirements for certification of due process and Federal Rule of Civil Procedure 23; (c) finally certify the Settlement Class; (d) confirm that Plaintiffs and the Settlement Class have been 22 met; whether the proposed Settlement released all Released Claims and are permanently barred and enjoined from asserting, commencing, prosecuting, or continuing any of the Actions on Released Claims against the terms Released Parties (subject to the terms, conditions and limitations set forth in the Settlement 23 should be approved as fair, reasonable, adequate, and Agreement); (f) decertify the contested Class in the best interests of Xxxxx Action as previously ordered on March 1, 2017 (ECF No. 131) and (g) dismiss the Settlement Class 24 Members; Actions with prejudice, without costs to any Party, except as provided in the Agreement. At the Final Fairness Hearing, the Court will also determine whether Class Counsel’s motion or application for Fees attorneys’ fees and Expense Award expenses, and 25 application for the Service Awards service awards to Plaintiffs, should be approved; granted, and whether final judgment approving 26 the Settlement and dismissing the Actions on the merits with prejudice against the Named 27 Plaintiffs and all other Settlement Class Members should be enteredin what amount. The Final Approval 2 filed timely and valid objections and requested to speak at No later than twenty-one (21) days before the Final Approval Hearing), be 3 continued or adjourned by order of the Court.
4 12. Any Objector who timely submits an Objection has the option to appear and 5 request to be heard at the Final Approval Fairness Hearing, either in person or through the Objector’s 6 counsel. Any Objector wishing to appear and be heard at the Final Approval Hearing Plaintiffs must 7 include a Notice of Intention to Appear in the body of the Objector’s Objection. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear may not speak at the Final 9 Approval Hearing without permission of the Court.
10 13. By June 26, 2023, Class Counsel shall file all papers in support of any Motion for
11 a Fee Class Counsel’s (and Expense Award and/or their Co-Counsels’) application for Service Awards, attorneys’ fees and shall serve copies of such papers upon 12 Defense Counsel expenses and upon any Objectors who have validly complied with this Order and have 13 filed their objections the service awards to Plaintiffs. No later than fourteen (14) days prior to the date and time of Class Counsel’s fee motion. All opposition 14 papers shall be due by July 31Final Fairness Hearing, 2023, and any reply papers shall be filed by August 21, 2023.
15 14. By August 24, 2023, Class Counsel shall file all papers in support of final approval of the 16 application for the Final Approval Order Settlement and Final Judgment, and shall serve copies of such 17 papers upon Defense Counsel and upon response to any Objectors who have validly complied with this 18 Order. All opposition papers shall written objections must be filed by September 7, 2023, and any reply papers shall be 19 filed by September 21, 2023filed.
20 15. Class Counsel’s motion or application for a Fee and Expense Award and for
Appears in 1 contract
Samples: Settlement Agreement
Final Approval Hearing. 20 11. The Final Approval Hearing Waikoloa-PEX Brass Fittings Court shall be held by the Court on October 12, 2023, at 9
21 a. m., to determine whether the requirements for certification of the Settlement Class have been 22 met; whether the proposed Settlement of the Actions on the terms set forth in the Settlement 23 should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class 24 Members; whether Class Counsel’s motion or application for Fees and Expense Award and 25 application for the Service Awards should be approved; and whether final judgment approving 26 the Settlement and dismissing the Actions on the merits with prejudice against the Named 27 Plaintiffs and all other Settlement Class Members should be entered. The Final Approval 2 filed timely and valid objections and requested to speak at the Final Approval Hearing), be 3 continued or adjourned by order of the Court.
4 12. Any Objector who timely submits an Objection has the option to appear and 5 request to be heard at the Final Approval Hearing, either in person or through the Objector’s 6 counsel. Any Objector wishing to appear and be heard at conduct the Final Approval Hearing must 7 include a Notice of Intention to Appear in the body determine fairness and final approval of the Objector’s ObjectionSettlement, along with the amount properly payable for Attorneys’ Fees, Costs and All Other Expenses. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear may not speak at the Final 9 Approval Hearing without permission of the Court.
10 13107. By June 26, 2023, Class Counsel shall file all papers in support of any Motion for
11 a Fee and Expense Award and/or for Service Awards, and shall serve copies of such papers upon 12 Defense Counsel and upon any Objectors who have validly complied with this Order and have 13 filed their objections Fourteen (14) days prior to the date and time of Class Counsel’s fee motion. All opposition 14 papers shall be due by July 31set for the Final Approval Hearing (or if the Court orders a different filing deadline), 2023, and any reply papers shall be filed by August 21, 2023.
15 14. By August 24, 2023, Waikoloa-PEX Brass Fittings Class Counsel and Castle & Xxxxx shall file all papers their briefs in support of Waikoloa-PEX Brass Fittings Settlement approval. To the 16 application for the extent they wish to respond to any Objections made by Waikoloa-PEX Brass Fittings Class Members, Waikoloa-PEX Brass Fittings Class Counsel and Castle & Xxxxx shall concurrently file those responses. The Settling Parties shall also present a Final Approval Order and Final JudgmentJudgment substantially in the forms attached, respectively, at Exhibits 8-9. 108. Castle & Xxxxx agrees that any amounts awarded by the Waikoloa-PEX Brass Fittings Court to Waikoloa-PEX Brass Fittings Class Counsel for Attorney Fees, Costs, and shall serve copies of such 17 papers upon Defense Counsel and upon any Objectors who have validly complied with this 18 Order. All opposition papers Other Expenses, including Waikoloa-PEX Brass Fittings Class Representative incentive awards, shall be filed paid out of the Settlement Fund, so long as the amount awarded by September 7the Waikoloa-PEX Brass Fittings Court does not exceed the sum of $216,910.77 and the Waikoloa-PEX Brass Fittings Court’s order is otherwise consistent with the Waikoloa-PEX Brass Fittings Settlement. This amount does not include the costs for the Waikoloa-PEX Brass Fittings Class Member payments, 2023Administration costs, Notice Plan costs, and/or Special Master costs that will be paid out of the Waikoloa-PEX Brass Fittings Settlement Fund. The amounts paid for Attorney Fees, Costs, and any reply papers All Other Expenses, shall be 19 filed by September 21, 2023.
20 15. comprised of: a. Up to $200,594.84 in Waikoloa-PEX Brass Fittings Class Counsel’s motion or application for a Fee and Expense Award and forattorney fees (not to exceed 18% of the Waikoloa-PEX Brass Fittings Settlement Fund);
Appears in 1 contract
Samples: Settlement Agreement
Final Approval Hearing. 20 11. 13.1 The Parties will request that the Court schedule a Final Approval Hearing after the Opt Out /Objection Deadline.
13.2 Class Counsel shall be held file their petition for a Fee Award and Incentive Award no later than thirty (30) days prior to Objection Deadline.
13.3 Class Counsel shall file their motion for entry of a Final Approval Order and Judgment no later than fourteen (14) days prior to the Final Approval Hearing.
13.4 No more than fourteen (14) days prior to the Final Approval Hearing, the Settlement 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.
13.5 No later than fourteen (14) days before the Final Approval Hearing, Xxxxx Fargo Auto shall file with the Court on October 12a certification that it complied with the CAFA notice requirements and stating the date of such compliance.
13.6 If the Settlement Agreement is preliminarily approved by the Court, 2023and all other conditions precedent to the Settlement have been satisfied, at 9then Plaintiff shall file a Motion for Final Approval asking, inter alia, that the Court enter a Final Approval Order and Judgment, with Plaintiff filing a memorandum of points and authorities in support of the motion. Either Party may file a memorandum addressing any objection to the Settlement that has been submitted. Any request by Xxxxx Fargo Auto for entry of the Final Approval Order and Judgment, or failure to object to Plaintiff’s request for entry of the Final Approval Order and Judgment, shall not be an admission or concession by Xxxxx Fargo Auto as to any matter pertaining to Plaintiff’s claims or the Action.
21 a. m.13.7 At the Final Approval Hearing, to the Court will consider and determine whether the requirements for certification provisions of the Settlement Class have been 22 met; whether the proposed Settlement of the Actions on the terms set forth in the Settlement 23 this Agreement should be finally approved as fair, reasonable, and adequate, and in whether any objections to the best interests of Agreement should be overruled, whether the Settlement Class 24 Members; whether Class Counsel’s motion or application for Fees and Expense requested Fee Award and 25 application for the Service Awards requested Incentive Award should be approved; , and whether final a judgment finally approving 26 the Settlement Agreement should be entered.
13.8 This Settlement Agreement is subject to and dismissing conditioned upon the Actions on issuance by the merits with prejudice against Court of a Final Approval Order that grants final approval of this Agreement and:
13.8.1 finds that the Named 27 Plaintiffs Notice provided satisfies the requirements of Rule 23 of the Federal Rules of Civil Procedure and all other due process under the Constitution of the United States;
13.8.2 finds that Settlement Class Members have been adequately represented by the Class Representative and Class Counsel;
13.8.3 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 Section 17, and that this Settlement Agreement should be entered. The Final Approval 2 filed timely and valid objections and requested to speak at the Final Approval Hearing), be 3 continued or adjourned by order of the Court.
4 12. Any Objector who timely submits an Objection has the option to appear and 5 request to be heard at the Final Approval Hearing, either in person or through the Objector’s 6 counsel. Any Objector wishing to appear and be heard at the Final Approval Hearing must 7 include a Notice of Intention to Appear in the body of the Objector’s Objection. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear may not speak at the Final 9 Approval Hearing without permission of the Court.
10 13. By June 26, 2023, Class Counsel shall file all papers in support of any Motion for
11 a Fee and Expense Award and/or for Service Awards, and shall serve copies of such papers upon 12 Defense Counsel and upon any Objectors who have validly complied with this Order and have 13 filed their objections prior to the date and time of Class Counsel’s fee motion. All opposition 14 papers shall be due by July 31, 2023, and any reply papers shall be filed by August 21, 2023.
15 14. By August 24, 2023, Class Counsel shall file all papers in support of the 16 application for the Final Approval Order and Final Judgment, and shall serve copies of such 17 papers upon Defense Counsel and upon any Objectors who have validly complied with this 18 Order. All opposition papers shall be filed by September 7, 2023, and any reply papers shall be 19 filed by September 21, 2023.
20 15. Class Counsel’s motion or application for a Fee and Expense Award and foris approved;
Appears in 1 contract
Samples: Class Action Settlement Agreement
Final Approval Hearing. 20 11. a. The Parties will recommend that the Final Approval Hearing be scheduled for a date approximately one hundred (125) days after Plaintiff moves for the entry of a Preliminary Approval Order.
b. Class Counsel shall be held file their petition for a Fee Award and Incentive Award no later than thirty (30) days prior to the Objection Deadline.
c. No more than fourteen (14) days prior to the Final Approval Hearing, the Settlement 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.
d. If the Settlement Agreement is preliminarily approved by the Court, and all other conditions precedent to the Settlement have been satisfied, then Plaintiff shall file a Motion for Final Approval asking, inter alia, that the Court on October 12enter a Final Approval Order and Judgment, 2023with Plaintiff filing a memorandum of points and authorities in support of the motion. Either Party may file a memorandum addressing any objection to the Settlement that has been submitted. Any request by Mesa Labs for entry of the Final Approval Order and Judgment, at 9or failure to object to Plaintiff’s request for entry of the Final Approval Order and Judgment, shall not be an admission or concession by Mesa Labs as to any matter pertaining to Plaintiff’s claims.
21 a. m.e. At the Final Approval Hearing, to the Court will consider and determine whether the requirements for certification provisions of the Settlement Class have been 22 met; whether the proposed Settlement of the Actions on the terms set forth in the Settlement 23 this Agreement should be finally approved as fair, reasonable, and adequate, whether any objections to the Agreement should be overruled, whether the requested Fee Award to Class Counsel and the requested Incentive Payment to the Named Plaintiff should be approved, and whether a judgment finally approving the Settlement Agreement should be entered.
f. This Settlement Agreement is subject to and conditioned upon the issuance by the Court of a Final Approval Order that grants final approval of this Agreement and:
(i. finds that the Notice provided satisfies the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process under the constitution of the United States;
(ii. finds that Settlement Class Members have been adequately represented by the Class Representative and Class Counsel;
(iii. 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 Section V, and that this Settlement Agreement should be and is approved;
(iv. dismisses on the best interests merits and with prejudice all claims of the Settlement Class 24 MembersMembers asserted against Mesa Labs, without fees or costs to any Party except as provided in this Agreement; whether Class Counsel’s motion or application for Fees and Expense Award and 25 application for the Service Awards should be approved; and whether final judgment approving 26 the Settlement and dismissing the Actions on the merits with prejudice against the Named 27 Plaintiffs and all other Settlement Class Members should be entered. The Final Approval 2 filed timely and valid objections and requested to speak at the Final Approval Hearing), be 3 continued or adjourned by order of the Court.
4 12. Any Objector who timely submits an Objection has the option to appear and 5 request to be heard at the Final Approval Hearing, either in person or through the Objector’s 6 counsel. Any Objector wishing to appear and be heard at the Final Approval Hearing must 7 include a Notice of Intention to Appear in the body of the Objector’s Objection. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear may not speak at the Final 9 Approval Hearing without permission of the Court.
10 13. By June 26, 2023, Class Counsel shall file all papers in support of any Motion for
11 a Fee and Expense Award and/or for Service Awards, and shall serve copies of such papers upon 12 Defense Counsel and upon any Objectors who have validly complied with this Order and have 13 filed their objections prior to the date and time of Class Counsel’s fee motion. All opposition 14 papers shall be due by July 31, 2023, and any reply papers shall be filed by August 21, 2023.
15 14. By August 24, 2023, Class Counsel shall file all papers in support of the 16 application for the Final Approval Order and Final Judgment, and shall serve copies of such 17 papers upon Defense Counsel and upon any Objectors who have validly complied with this 18 Order. All opposition papers shall be filed by September 7, 2023, and any reply papers shall be 19 filed by September 21, 2023.
20 15. Class Counsel’s motion or application for a Fee and Expense Award and forand
Appears in 1 contract
Samples: Settlement Agreement
Final Approval Hearing. 20 11The Court will hold a hearing on in Courtroom at the United States District Court for the Western District of Washington at Seattle, 000 Xxxxxxx Xxxxxx, Seattle, WA 98101, to decide whether to give final approval to the Settlement. The purpose of the Final Approval Hearing shall will be held by for the Court on October 12, 2023, at 9
21 a. m., to determine whether the requirements for certification of the Settlement Class have been 22 met; whether the proposed Settlement of the Actions on the terms set forth in the Settlement 23 should be approved as is fair, reasonable, adequate, and in the best interests of the Settlement Class 24 MembersClass; whether to consider the award of attorneys’ fees and costs to Class Counsel’s motion or application ; to consider the request for Fees and Expense Award and 25 application for an incentive payment to the Service Awards should be approvedPlaintiff; and to consider whether final judgment approving 26 the Settlement and dismissing the Actions on the merits with prejudice against the Named 27 Plaintiffs and all other Settlement Class Members should be enteredbound by the Release and be prohibited from suing over Released Claims. The Final Approval 2 filed timely and valid objections and requested hearing may be postponed to speak at a different date or time or location without notice. Please contact the Final Approval Hearing), be 3 continued Settlement Administrator or adjourned by order of class counsel for any updates about the Court.
4 12. Any Objector who timely submits an Objection has the option to appear and 5 request to be heard at the Final Approval Hearing, either in person Settlement generally or through the Objector’s 6 counsel. Any Objector wishing to appear and be heard at the Final Approval Hearing must 7 include specifically. At that hearing, the Court will hear any Objections and arguments concerning the fairness of the Settlement. You may attend, but you do not have to. GETTING MORE INFORMATION This Notice, which has been approved by the Court, is only a summary. You may contact the Settlement Administrator at the postal mailing address: [Address; City; State; ZIP], or call toll-free at 0-000-XXX-XXXX. You may also obtain information about the case and key documents on the Settlement Administrator’s website: www. .com, including the Settlement Agreement, the motion for preliminary approval, the complaint, court orders, and Plaintiff’s application for attorneys’ fees. If you have additional questions you may contact Class Counsel at the phone number and/or address listed below. Please be advised that Defendant and/or Defendant’s Counsel cannot comment or otherwise provide any advice with respect to this Notice or the Settlement. Also, all of Intention to Appear the records and other papers filed in the body Lawsuit, including the Settlement Agreement, are on file with the Court and can be inspected during regular business hours at the Clerk’s Office. The Clerk of the Objector’s Objection. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear may not speak Court is located at the Final 9 Approval Hearing without permission of the Court.
10 13. By June 26, 2023, Class Counsel shall file all papers in support of any Motion for
11 a Fee and Expense Award and/or for Service Awards, and shall serve copies of such papers upon 12 Defense Counsel and upon any Objectors who have validly complied with this Order and have 13 filed their objections prior to the date and time of Class Counsel’s fee motion. All opposition 14 papers shall be due by July 31, 2023, and any reply papers shall be filed by August 21, 2023.
15 14. By August 24, 2023, Class Counsel shall file all papers in support of the 16 application United States District Court for the Final Approval Order and Final JudgmentWestern District of Washington at Seattle 000 Xxxxxxx Xxxxxx, and shall serve copies Suite 2310, Seattle, WA 98101. Please do not contact the Judge concerning this case. WHAT IF MY ADDRESS OR OTHER INFORMATION HAS CHANGED OR CHANGES AFTER I RECEIVE MY NOTICE? It is your responsibility to inform the Settlement Administrator of such 17 papers upon Defense Counsel and upon any Objectors who have validly complied with this 18 Orderyour updated information so that a check may be sent to you if the settlement is approved. All opposition papers shall be filed by September 7, 2023, and any reply papers shall be 19 filed by September 21, 2023.
20 15. Class Counsel’s motion or application for a Fee and Expense Award and forYou may do so at the address below: IMPORTANT ADDRESSES
Appears in 1 contract
Samples: Settlement Agreement
Final Approval Hearing. 20 11a. The Parties will recommend that the Final Approval Hearing be scheduled for a date no more than seventy-five (75) days after the last date required for the mailing of the Notice and Claim Form. The Final Approval Hearing must be at least 150 days after Plaintiff moves for the entry of a Preliminary Approval Order.
b. Class Counsel shall be held file their petition for any Fee Award no later than thirty (30) days prior to the Final Approval Hearing.
c. No more than fourteen (14) days prior to the Final Approval hearing, the Settlement 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.
d. No later than fourteen (14) days before the Final Approval Hearing, Eurton shall file with the Court on October 12a certification that it complied with the CAFA notice requirements and stating the date of such compliance.
e. If the Settlement Agreement is preliminarily approved by the Court, 2023and all other conditions precedent to the Settlement have been satisfied, at 9no later than fourteen (14) calendar days prior to the Final Approval Hearing, then Plaintiff shall file a Motion for Final Approval asking, inter alia, that the Court enter a Final Approval Order and Judgment, with Plaintiff filing a memorandum of points and authorities in support of the motion. Either Party may file a memorandum addressing any objection to the Settlement that has been submitted. Any request by Eurton for entry of the Final Approval Order and Judgment, or failure to object to Plaintiff’s request for entry of the Final Approval Order and Judgment, shall not be an admission or concession by Eurton as to any matter pertaining to the Class’s claims.
21 a. m.f. At the Final Approval Hearing, to the Court will consider and determine whether the requirements for certification provisions of the Settlement Class have been 22 met; whether the proposed Settlement of the Actions on the terms set forth in the Settlement 23 this Agreement should be finally approved as fair, reasonable, and adequate, and in whether any objections to the best interests of Agreement should be overruled, whether the requested Fee Award to Settlement Class 24 Members; whether Counsel and the requested Incentive Payment to the Class Counsel’s motion or application for Fees and Expense Award and 25 application for the Service Awards Representative should be approved; , and whether final a judgment finally approving 26 the Settlement Agreement should be entered.
g. This Settlement Agreement is subject to and dismissing conditioned upon the Actions on issuance by the merits with prejudice against Court of a Final Approval Order that grants final approval of this Agreement and:
i. finds that the Named 27 Plaintiffs notice provided satisfies the requirements of due process and all other Fed. R. Civ. P. 23(e)(1); ii. finds that Settlement Class Members should be entered. The Final Approval 2 filed timely have been adequately represented by the Class Representative and valid objections and requested to speak at the Final Approval Hearing), be 3 continued or adjourned by order of the Court.
4 12. Any Objector who timely submits an Objection has the option to appear and 5 request to be heard at the Final Approval Hearing, either in person or through the Objector’s 6 counsel. Any Objector wishing to appear and be heard at the Final Approval Hearing must 7 include a Notice of Intention to Appear in the body of the Objector’s Objection. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear may not speak at the Final 9 Approval Hearing without permission of the Court.
10 13. By June 26, 2023, Class Counsel shall file all papers in support of any Motion for
11 a Fee and Expense Award and/or for Service Awards, and shall serve copies of such papers upon 12 Defense Counsel and upon any Objectors who have validly complied with this Order and have 13 filed their objections prior to the date and time of Class Counsel’s fee motion. All opposition 14 papers shall be due by July 31, 2023, and any reply papers shall be filed by August 21, 2023.
15 14. By August 24, 2023, Class Counsel shall file all papers in support of the 16 application for the Final Approval Order and Final Judgment, and shall serve copies of such 17 papers upon Defense Counsel and upon any Objectors who have validly complied with this 18 Order. All opposition papers shall be filed by September 7, 2023, and any reply papers shall be 19 filed by September 21, 2023.
20 15. Class Counsel’s motion or application for a Fee and Expense Award and for;
Appears in 1 contract
Samples: Class Action Settlement Agreement
Final Approval Hearing. 20 11. a. The Parties will recommend that the Final Approval Hearing be scheduled for a date at least one hundred and twenty (120) days after the entry of the Preliminary Approval Order.
b. No later than seven (7) days prior to the Final Approval Hearing, the Settlement Administrator shall be held 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.
c. If the Settlement Agreement is preliminarily approved by the Court, and Notice has been sent pursuant to the Agreement, then Plaintiff shall file a Motion for Final Approval asking, inter alia, that the Court on October 12enter a Final Approval Order and Judgment. Either Party may file a memorandum addressing any objection to the Settlement that has been submitted. Any request by Defendants for entry of the Final Approval Order and Judgment, 2023or failure to object to Plaintiff’s request for entry of the Final Approval Order and Judgment, at 9shall not be an admission or concession by Defendants as to any matter pertaining to Plaintiff’s claims.
21 a. m.d. At the Final Approval Hearing, to the Court will consider and determine whether the requirements for certification provisions of the Settlement Class have been 22 met; whether the proposed Settlement of the Actions on the terms set forth in the Settlement 23 this Agreement should be finally approved as fair, reasonable, and adequate, and in whether any objections to the best interests of Agreement should be overruled, whether the requested Fee Award to Settlement Class 24 Members; whether Class Counsel’s motion or application for Fees Counsel and Expense Award and 25 application for the Service Awards requested Incentive Payment to the Named Plaintiff should be approved; , and whether final a judgment finally approving 26 the Settlement Agreement should be entered.
e. This Settlement Agreement is subject to and dismissing conditioned upon the Actions on issuance by the merits with prejudice against Court of a Final Approval Order that grants final approval of this Agreement and:
(i.) finds that the Named 27 Plaintiffs Notice provided satisfies the requirements of Federal Rule of Civil Procedure 23 and all other due process under the Constitution of the United States;
(ii.) finds that Settlement Class Members should be entered. The Final Approval 2 filed timely have been adequately represented by the Class Representative and valid objections and requested to speak at the Final Approval Hearing), be 3 continued or adjourned by order of the Court.
4 12. Any Objector who timely submits an Objection has the option to appear and 5 request to be heard at the Final Approval Hearing, either in person or through the Objector’s 6 counsel. Any Objector wishing to appear and be heard at the Final Approval Hearing must 7 include a Notice of Intention to Appear in the body of the Objector’s Objection. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear may not speak at the Final 9 Approval Hearing without permission of the Court.
10 13. By June 26, 2023, Class Counsel shall file all papers in support of any Motion for
11 a Fee and Expense Award and/or for Service Awards, and shall serve copies of such papers upon 12 Defense Counsel and upon any Objectors who have validly complied with this Order and have 13 filed their objections prior to the date and time of Class Counsel’s fee motion. All opposition 14 papers shall be due by July 31, 2023, and any reply papers shall be filed by August 21, 2023.
15 14. By August 24, 2023, Class Counsel shall file all papers in support of the 16 application for the Final Approval Order and Final Judgment, and shall serve copies of such 17 papers upon Defense Counsel and upon any Objectors who have validly complied with this 18 Order. All opposition papers shall be filed by September 7, 2023, and any reply papers shall be 19 filed by September 21, 2023.
20 15. Class Counsel’s motion or application for a Fee and Expense Award and for;
Appears in 1 contract
Samples: Settlement Agreement
Final Approval Hearing. 20 1192. The Parties will recommend the Final Approval Hearing shall be held scheduled no earlier than 150 days after the entry of the Preliminary Approval Order.
93. Any Settlement Class Member who wishes to appear at the Final Approval hearing must mail to the Court or file a notice of appearance in the Action by the Objection Deadline, as well as take actions required in the Long Form Notice or as otherwise required by the Court.
94. The Parties shall ask the Court on October 12to enter a Final Approval Order and Judgment including the following provisions:
a. A finding that the Notice Plan fully and accurately informs all Settlement Class Members entitled to notice of the material elements of the Settlement, 2023constitutes the best notice practicable under the circumstances, at 9constitutes valid, due, and sufficient notice, and complies fully with Fed. R. Civ. P. 23, the United States Constitution and any other applicable law;
21 a. m., b. A finding that after proper notice to determine whether the requirements for certification of the Settlement Class Members, and after sufficient opportunity to object, no timely objections to this Settlement have been 22 met; whether the proposed Settlement made, or a finding that all timely objections have been considered and denied;
c. Approval of the Actions on the terms Settlement, as set forth in the Settlement 23 should be approved this Agreement, as fair, reasonable, adequate, and in the best interests of the Settlement Class 24 Members; whether Class Counsel’s motion or application for Fees and Expense Award and 25 application for the Service Awards should be approved; and whether final judgment approving 26 class, in all respects, finding that the Settlement is in good faith and dismissing ordering the Actions on parties to perform the merits Settlement in accordance with prejudice against the Named 27 Plaintiffs terms of this Agreement;
d. A finding that neither the Final Judgment, the Settlement, or the Agreement constitutes an admission of liability by the Parties;
e. A finding that the Releasing Parties shall have been deemed to fully and finally release, relinquish, and discharge the Released Parties from the Released Claims;
f. A finding that all other Settlement Class Members should be entered. The Final Approval 2 filed timely and valid objections and requested to speak at the Final Approval Hearing), be 3 continued or adjourned by order who have not properly opted out of the Court.Settlement Class are, following entry of Final Judgment, deemed to have fully and finally released, relinquished, or discharged the Released Parties from the Released Claims; and
4 12. Any Objector who timely submits an Objection has the option to appear g. If and 5 request to be heard at the Final Approval Hearing, either in person or through the Objector’s 6 counsel. Any Objector wishing to appear and be heard at the Final Approval Hearing must 7 include a Notice of Intention to Appear in the body of the Objector’s Objection. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear may not speak at the Final 9 Approval Hearing without permission of the Court.
10 13. By June 26, 2023, Class Counsel shall file all papers in support of any Motion for
11 a Fee and Expense Award and/or for Service Awards, and shall serve copies of such papers upon 12 Defense Counsel and upon any Objectors who have validly complied with this Order and have 13 filed their objections prior to the date and time of Class Counsel’s fee motion. All opposition 14 papers shall be due by July 31, 2023, and any reply papers shall be filed by August 21, 2023.
15 14. By August 24, 2023, Class Counsel shall file all papers in support of the 16 application for when the Final Approval Order and Final JudgmentJudgment is entered, and shall serve copies of such 17 papers upon Defense Counsel and upon any Objectors who have validly complied with this 18 Order. All opposition papers the claims against Defendants in the Action shall be filed by September 7, 2023, and any reply papers shall be 19 filed by September 21, 2023dismissed with prejudice.
20 15. Class Counsel’s motion or application for a Fee and Expense Award and for
Appears in 1 contract
Samples: Settlement Agreement
Final Approval Hearing. 20 11. a. The Parties will request that the Court schedule a Final Approval Hearing after the Claims Deadline, Objection Deadline and Opt-Out Deadline.
b. Class Counsel shall be held file their petition for a Fee Award and Incentive Award no later than thirty (30) days prior to the Objection Deadline.
c. Class Counsel shall file their motion for entry of a Final Approval Order and Judgment no later than fourteen (14) days prior to the Final Approval Hearing.
d. No more than fourteen (14) days prior to the Final Approval Hearing, the Settlement 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.
e. No later than fourteen (14) days before the Final Approval Hearing, Cenlar shall file with the Court on October 12a certification that it complied with the CAFA notice requirements and stating the date of such compliance.
f. If the Settlement Agreement is preliminarily approved by the Court, 2023and all other conditions precedent to the Settlement have been satisfied, at 9then Plaintiff shall file a Motion for Final Approval asking, inter alia, that the Court enter a Final Approval Order and Judgment, with Plaintiff filing a memorandum of points and authorities in support of the motion. Either Party may file a memorandum addressing any objection to the Settlement that has been submitted. Any request by Cenlar for entry of the Final Approval Order and Judgment, or failure to object to Plaintiff’s request for entry of the Final Approval Order and Judgment, shall not be an admission or concession by Cenlar as to any matter pertaining to Plaintiff’s claims or the Action.
21 a. m.g. At the Final Approval Hearing, to the Court will consider and determine whether the requirements for certification provisions of the Settlement Class have been 22 met; whether the proposed Settlement of the Actions on the terms set forth in the Settlement 23 this Agreement should be finally approved as fair, reasonable, and adequate, and in whether any objections to the best interests of Agreement should be overruled, whether the Settlement Class 24 Members; whether Class Counsel’s motion or application for Fees and Expense requested Fee Award and 25 application for the Service Awards requested Incentive Award should be approved; , and whether final a judgment finally approving 26 the Settlement Agreement should be entered.
h. This Settlement Agreement is subject to and dismissing conditioned upon the Actions on issuance by the merits with prejudice against Court of a Final Approval Order that grants final approval of this Agreement and: represented by the Named 27 Plaintiffs Class Representative and all other Class Counsel; Settlement Class Members should be entered. The Final Approval 2 filed timely and valid objections and requested asserted against Cenlar, without fees or costs to speak at the Final Approval Hearing), be 3 continued or adjourned by order of the Court.
4 12. Any Objector who timely submits an Objection has the option to appear and 5 request to be heard at the Final Approval Hearing, either any Party except as provided in person or through the Objector’s 6 counsel. Any Objector wishing to appear and be heard at the Final Approval Hearing must 7 include a Notice of Intention to Appear in the body of the Objector’s Objection. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear may not speak at the Final 9 Approval Hearing without permission of the Court.
10 13. By June 26, 2023, Class Counsel shall file all papers in support of any Motion for
11 a Fee and Expense Award and/or for Service Awards, and shall serve copies of such papers upon 12 Defense Counsel and upon any Objectors who have validly complied with this Order and have 13 filed their objections prior to the date and time of Class Counsel’s fee motion. All opposition 14 papers shall be due by July 31, 2023, and any reply papers shall be filed by August 21, 2023.
15 14. By August 24, 2023, Class Counsel shall file all papers in support of the 16 application for the Final Approval Order and Final Judgment, and shall serve copies of such 17 papers upon Defense Counsel and upon any Objectors who have validly complied with this 18 Order. All opposition papers shall be filed by September 7, 2023, and any reply papers shall be 19 filed by September 21, 2023.
20 15. Class Counsel’s motion or application for a Fee and Expense Award and forAgreement; and
Appears in 1 contract
Samples: Settlement Agreement
Final Approval Hearing. 20 11. a. The Parties will request that the Court schedule a Final Approval Hearing after the Claims Deadline, Objection Deadline and Opt-Out Deadline.
b. Class Counsel shall be held file their petition for a Fee Award and Incentive Award no later than thirty (30) days prior to the Objection Deadline.
c. Class Counsel shall file their motion for entry of a Final Approval Order and Judgment no later than fourteen (14) days prior to the Final Approval Hearing.
d. No more than fourteen (14) days prior to the Final Approval Hearing, the Settlement 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.
e. No later than fourteen (14) days before the Final Approval Hearing, Target shall file with the Court on October 12a certification that it complied with the CAFA notice requirements and stating the date of such compliance.
f. If the Settlement Agreement is preliminarily approved by the Court, 2023and all other conditions precedent to the Settlement have been satisfied, at 9then Plaintiff shall file a Motion for Final Approval asking, inter alia, that the Court enter a Final Approval Order and Judgment, with Plaintiff filing a memorandum of points and authorities in support of the motion. Either Party may file a memorandum addressing any objection to the Settlement that has been submitted. Any request by Target for entry of the Final Approval Order and Judgment, or failure to object to Plaintiff’s request for entry of the Final Approval Order and Judgment, shall not be an admission or concession by Target as to any matter pertaining to Plaintiff’s claims or the Action.
21 a. m.g. At the Final Approval Hearing, to the Court will consider and determine whether the requirements for certification provisions of the Settlement Class have been 22 met; whether the proposed Settlement of the Actions on the terms set forth in the Settlement 23 this Agreement should be finally approved as fair, reasonable, and adequate, whether any objections to the Agreement should be overruled, whether the requested Fee Award and the requested Incentive Award should be approved, and whether a judgment finally approving the Settlement Agreement should be entered.
h. This Settlement Agreement is subject to and conditioned upon the issuance by the Court of a Final Approval Order that grants final approval of this Agreement and:
(i. finds that the Notice provided satisfies the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process under the Constitution of the United States;
(ii. finds that Settlement Class Members have been adequately represented by the Class Representative and Class Counsel;
(iii. 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 Section V, and that this Settlement Agreement should be and is approved;
(iv. dismisses on the best interests merits and with prejudice all claims of the Settlement Class 24 MembersMembers asserted against Target, without fees or costs to any Party except as provided in this Agreement; whether Class Counsel’s motion or application for Fees and Expense Award and 25 application for the Service Awards should be approved; and whether final judgment approving 26 the Settlement and dismissing the Actions on the merits with prejudice against the Named 27 Plaintiffs and all other Settlement Class Members should be entered. The Final Approval 2 filed timely and valid objections and requested to speak at the Final Approval Hearing), be 3 continued or adjourned by order of the Court.
4 12. Any Objector who timely submits an Objection has the option to appear and 5 request to be heard at the Final Approval Hearing, either in person or through the Objector’s 6 counsel. Any Objector wishing to appear and be heard at the Final Approval Hearing must 7 include a Notice of Intention to Appear in the body of the Objector’s Objection. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear may not speak at the Final 9 Approval Hearing without permission of the Court.
10 13. By June 26, 2023, Class Counsel shall file all papers in support of any Motion for
11 a Fee and Expense Award and/or for Service Awards, and shall serve copies of such papers upon 12 Defense Counsel and upon any Objectors who have validly complied with this Order and have 13 filed their objections prior to the date and time of Class Counsel’s fee motion. All opposition 14 papers shall be due by July 31, 2023, and any reply papers shall be filed by August 21, 2023.
15 14. By August 24, 2023, Class Counsel shall file all papers in support of the 16 application for the Final Approval Order and Final Judgment, and shall serve copies of such 17 papers upon Defense Counsel and upon any Objectors who have validly complied with this 18 Order. All opposition papers shall be filed by September 7, 2023, and any reply papers shall be 19 filed by September 21, 2023.
20 15. Class Counsel’s motion or application for a Fee and Expense Award and forand
Appears in 1 contract
Samples: Settlement Agreement
Final Approval Hearing. 20 11The Court will hold a Final Approval Hearing at TIME a.m., on DATE, at the Manhattan Courthouse, Courtroom 1106, 00 Xxxxx Xxxxxx, New York, NY 10007. At the Final Approval Hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. The Court may also consider Class Counsel’s request for attorneys’ fees and costs, and the service awards. If there are objections, the Court will consider them. After the Final Approval Hearing, the Court will decide whether to approve the proposed Settlement and how much to award to Class Counsel as fees and costs, and the service awards. The Final Approval Hearing shall may be held by moved to a different date or time without additional notice, so it is recommended that you periodically check xxx.XXXXXXXXXXXXX.xxx and the Court on October 12, 2023, docket in this case through the Court’s Public Access to Electronic Records (PACER) system at 9
21 a. m., xxxxx://xxx.xxxx.xxxxxxxx.xxx to determine whether confirm the requirements for certification date of the Settlement Class have been 22 met; whether the proposed Settlement of the Actions on the terms set forth in the Settlement 23 should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class 24 Members; whether Class Counsel’s motion or application for Fees and Expense Award and 25 application for the Service Awards should be approved; and whether final judgment approving 26 the Settlement and dismissing the Actions on the merits with prejudice against the Named 27 Plaintiffs and all other Settlement Class Members should be entered. The Final Approval 2 filed timely and valid objections and requested to speak at the Final Approval Hearing). No, be 3 continued or adjourned by order of you do not have to attend the Court.
4 12hearing. Any Objector who Class Counsel will answer any questions the Court may have. However, you are welcome to attend the hearing at your own expense. If you submit a written objection, you do not have to come to the Fairness Hearing to raise your objection. As long as you timely submits an Objection has mailed your written objection, the option Court will consider it. You also may pay your own lawyer to attend the Final Approval Hearing, but their attendance is not necessary. Yes, you may speak at the hearing. If you would like to do so, you must indicate your intent to personally appear and 5 request to be heard and/or testify at the Final Approval Hearing, either in person or through the Objector’s 6 counsel. Any Objector wishing and identify any counsel representing you who intends to appear and be heard at the Final Approval Hearing must 7 include a Notice Hearing, when providing written notice of Intention your objection as noted in Question 21 above regarding how to Appear in object to the body of the Objector’s ObjectionSettlement. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear may You cannot speak at the Final 9 Approval Hearing without permission hearing if you exclude yourself from the Settlement. IF YOU DO NOTHING If you are a Settlement Class Member and you do nothing, you will be legally bound by the Settlement, and you will not receive any benefits of the Court.
10 13Settlement, including but not limited to the Experian Credit Plus 3-Bureau plan, or reimbursement for economic costs related to the Data Breach. By June 26You will not be able to bring a lawsuit, 2023continue a lawsuit, Class Counsel shall file all papers in support or be a part of any Motion for
11 other lawsuit against TransPerfect about the claims in this case. If you would like to request benefits under the Settlement, you must follow the instructions described in sections 11-12 above. GETTING MORE INFORMATION This notice summarizes the proposed Settlement. More details are included in the Settlement Agreement. You can get a Fee copy of the Settlement Agreement at xxx.XXXXXXXXXXXXX.xxx. You also may write with questions to the Settlement Administrator, at EMAIL ADDRESS OR REAL [ADDRESS]. You can access Reimbursement and Expense Award and/or for Service AwardsElection Forms and review additional documents on the Settlement Website. You can also request to receive Reimbursement and Election Forms, a copy of the Settlement Agreement, and shall serve copies of such papers upon 12 Defense Counsel and upon any Objectors who have validly complied with this Order and have 13 filed their objections prior to a detailed notice by mail by calling the date and time of Class Counsel’s fee motion. All opposition 14 papers shall be due by July 31toll-free number, 2023, and any reply papers shall be filed by August 21, 20231-800-PHONENUMBER.
15 14. By August 24, 2023, Class Counsel shall file all papers in support of the 16 application for the Final Approval Order and Final Judgment, and shall serve copies of such 17 papers upon Defense Counsel and upon any Objectors who have validly complied with this 18 Order. All opposition papers shall be filed by September 7, 2023, and any reply papers shall be 19 filed by September 21, 2023.
20 15. Class Counsel’s motion or application for a Fee and Expense Award and for
Appears in 1 contract
Samples: Settlement Agreement
Final Approval Hearing. 20 11. a. The Parties will request that the Court schedule a Final Approval Hearing after the Claims Deadline, Objection Deadline and Opt-Out Deadline.
b. Class Counsel shall be held file their petition for a Fee Award and Incentive Award no later than thirty (30) days prior to the Objection Deadline.
c. Class Counsel shall file their motion for entry of a Final Approval Order and Judgment no later than fourteen (14) days prior to the Final Approval Hearing.
d. No more than fourteen (14) days prior to the Final Approval Hearing, the Settlement 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 and that notice was completed in accordance with CAFA.
e. If the Settlement Agreement is preliminarily approved by the Court, and all other conditions precedent to the Settlement have been satisfied, then Plaintiff shall file a Motion for Final Approval asking, inter alia, that the Court on October 12enter a Final Approval Order and Judgment, 2023with Plaintiff filing a memorandum of points and authorities in support of the motion. Either Party may file a memorandum addressing any objection to the Settlement that has been submitted. Any request by Naturelo for entry of the Final Approval Order and Judgment, at 9or failure to object to Plaintiff’s request for entry of the Final Approval Order and Judgment, shall not be an admission or concession by Naturelo as to any matter pertaining to Plaintiff’s claims or the Action.
21 a. m.f. At the Final Approval Hearing, to the Court will consider and determine whether the requirements for certification provisions of the Settlement Class have been 22 met; whether the proposed Settlement of the Actions on the terms set forth in the Settlement 23 this Agreement should be finally approved as fair, reasonable, and adequate, whether any objections to the Agreement should be overruled, whether the requested Fee Award and the requested Incentive Award should be approved, and whether a judgment finally approving the Settlement Agreement should be entered.
g. This Settlement Agreement is subject to and conditioned upon the issuance by the Court of a Final Approval Order that grants final approval of this Agreement and:
(i. finds that the Notice provided satisfies the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process under the Constitution of the United States;
(ii. finds that Settlement Class Members have been adequately represented by the Class Representative and Class Counsel;
(iii. 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 Section V, and that this Settlement Agreement should be and is approved;
(iv. dismisses on the best interests merits and with prejudice all claims of the Settlement Class 24 MembersMembers asserted against Naturelo, without fees or costs to any Party except as provided in this Agreement; whether Class Counsel’s motion or application for Fees and Expense Award and 25 application for the Service Awards should be approved; and whether final judgment approving 26 the Settlement and dismissing the Actions on the merits with prejudice against the Named 27 Plaintiffs and all other Settlement Class Members should be entered. The Final Approval 2 filed timely and valid objections and requested to speak at the Final Approval Hearing), be 3 continued or adjourned by order of the Court.
4 12. Any Objector who timely submits an Objection has the option to appear and 5 request to be heard at the Final Approval Hearing, either in person or through the Objector’s 6 counsel. Any Objector wishing to appear and be heard at the Final Approval Hearing must 7 include a Notice of Intention to Appear in the body of the Objector’s Objection. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear may not speak at the Final 9 Approval Hearing without permission of the Court.
10 13. By June 26, 2023, Class Counsel shall file all papers in support of any Motion for
11 a Fee and Expense Award and/or for Service Awards, and shall serve copies of such papers upon 12 Defense Counsel and upon any Objectors who have validly complied with this Order and have 13 filed their objections prior to the date and time of Class Counsel’s fee motion. All opposition 14 papers shall be due by July 31, 2023, and any reply papers shall be filed by August 21, 2023.
15 14. By August 24, 2023, Class Counsel shall file all papers in support of the 16 application for the Final Approval Order and Final Judgment, and shall serve copies of such 17 papers upon Defense Counsel and upon any Objectors who have validly complied with this 18 Order. All opposition papers shall be filed by September 7, 2023, and any reply papers shall be 19 filed by September 21, 2023.
20 15. Class Counsel’s motion or application for a Fee and Expense Award and forand
Appears in 1 contract
Samples: Settlement Agreement
Final Approval Hearing. 20 11. a. The Parties will request that the Court schedule a Final Approval Hearing after the Claims Deadline, Objection Deadline and Opt-Out Deadline.
b. Class Counsel shall be held file their petition for a Fee Award and Incentive Award no later than thirty (30) days prior to the Objection Deadline.
c. Class Counsel shall file their motion for entry of a Final Approval Order and Judgment no later than fourteen (14) days prior to the Final Approval Hearing.
d. No more than fourteen (14) days prior to the Final Approval Hearing, the Settlement 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.
e. No later than fourteen (14) days before the Final Approval Hearing, Xxxxxx shall file with the Court on October 12a certification that it complied with the CAFA notice requirements and stating the date of such compliance.
f. If the Settlement Agreement is preliminarily approved by the Court, 2023and all other conditions precedent to the Settlement have been satisfied, at 9then Plaintiff shall file a Motion for Final Approval asking, inter alia, that the Court enter a Final Approval Order and Judgment, with Plaintiff filing a memorandum of points and authorities in support of the motion. Either Party may file a memorandum addressing any objection to the Settlement that has been submitted. Any request by Xxxxxx for entry of the Final Approval Order and Judgment, or failure to object to Plaintiff’s request for entry of the Final Approval Order and Judgment, shall not be an admission or concession by Xxxxxx as to any matter pertaining to Plaintiff’s claims or the Action.
21 a. m.g. At the Final Approval Hearing, to the Court will consider and determine whether the requirements for certification provisions of the Settlement Class have been 22 met; whether the proposed Settlement of the Actions on the terms set forth in the Settlement 23 this Agreement should be finally approved as fair, reasonable, and adequate, whether any objections to the Agreement should be overruled, whether the requested Fee Award and the requested Incentive Award should be approved, and whether a judgment finally approving the Settlement Agreement should be entered.
h. This Settlement Agreement is subject to and conditioned upon the issuance by the Court of a Final Approval Order that grants final approval of this Agreement and:
(i. finds that the Notice provided satisfies the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process under the Constitution of the United States;
(ii. finds that Settlement Class Members have been adequately represented by the Class Representative and Class Counsel;
(iii. 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 Section V, and that this Settlement Agreement should be and is approved;
(iv. dismisses on the best interests merits and with prejudice all claims of the Settlement Class 24 MembersMembers asserted against Xxxxxx, without fees or costs to any Party except as provided in this Agreement; whether Class Counsel’s motion or application for Fees and Expense Award and 25 application for the Service Awards should be approved; and whether final judgment approving 26 the Settlement and dismissing the Actions on the merits with prejudice against the Named 27 Plaintiffs and all other Settlement Class Members should be entered. The Final Approval 2 filed timely and valid objections and requested to speak at the Final Approval Hearing), be 3 continued or adjourned by order of the Court.
4 12. Any Objector who timely submits an Objection has the option to appear and 5 request to be heard at the Final Approval Hearing, either in person or through the Objector’s 6 counsel. Any Objector wishing to appear and be heard at the Final Approval Hearing must 7 include a Notice of Intention to Appear in the body of the Objector’s Objection. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear may not speak at the Final 9 Approval Hearing without permission of the Court.
10 13. By June 26, 2023, Class Counsel shall file all papers in support of any Motion for
11 a Fee and Expense Award and/or for Service Awards, and shall serve copies of such papers upon 12 Defense Counsel and upon any Objectors who have validly complied with this Order and have 13 filed their objections prior to the date and time of Class Counsel’s fee motion. All opposition 14 papers shall be due by July 31, 2023, and any reply papers shall be filed by August 21, 2023.
15 14. By August 24, 2023, Class Counsel shall file all papers in support of the 16 application for the Final Approval Order and Final Judgment, and shall serve copies of such 17 papers upon Defense Counsel and upon any Objectors who have validly complied with this 18 Order. All opposition papers shall be filed by September 7, 2023, and any reply papers shall be 19 filed by September 21, 2023.
20 15. Class Counsel’s motion or application for a Fee and Expense Award and forand
Appears in 1 contract
Samples: Settlement Agreement
Final Approval Hearing. 20 11How Do I Know If I Am Affected By The Litigation And The Settlement? 4 What Is The Lawsuit About? 4 What Does Plaintiff Seek To Recover In The Lawsuit? 5 Why Is The Case Being Settled? 6 What Is The Settlement? 7 What Can I Get In The Settlement? 7 How Do I Make A Claim? 8 What Claims Are Released By The Settlement? 9 How Do I Object To The Settlement? 10 When Will The Court Decide If The Settlement Is Approved? 12 How Do I Get More Information? 13 This case involves dietary supplements labeled as containing Glucosamine Sulfate sold by Doctor’s Best, including Doctor’s Best Glucosamine Sulfate 750mg, Vegan Glucosamine Sulfate 750mg, Synergistic Glucosamine MSM, Glucosamine Chondroitin MSM, Vegan Glucosamine Chondroitin MSM, and Glucosamine Chondroitin MSM + Hyaluronic Acid. The Final Approval Hearing shall be held by For purposes of settlement only, the Court on October 12, 2023, at 9
21 a. m., to determine whether the requirements for certification has certified a Settlement Class. You are a member of the Settlement Class if, between July 22, 2016 and [date of Preliminary Approval], you purchased the Product anywhere in the United States. Your purchase cannot have been 22 metfor purposes of resale. The Settlement Class excludes (1) Xxxxxxxxx Xxxxxxxxx X. Staton, Xxxxxxxxx Xxxx X. Early, and Xxxxxxxxx Xxxxxx X. Infante (Ret.), and any member of their immediate families; whether the proposed Settlement (2) any government entity; (3) Doctor’s Best; (4) any entity in which Doctor’s Best has a controlling interest; (5) any of Doctor’s Best’s subsidiaries, parents, affiliates, officers, directors, employees, legal representatives, heirs, successors, or assigns; (6) any persons who timely opt out of the Actions Settlement Class; and (7) any Person that purchased the Product for resale. If you are a member of the Settlement Class, you will be bound by the settlement and judgment in this case, unless you request to be excluded. In this lawsuit, the Plaintiff asserts that although the Products’ packaging and labeling, as well as representations made by Doctor’s Best on its websites and in its advertising, state that the terms set forth Products contain Glucosamine Sulfate, the Products in fact contain glucosamine hydrochloride and potassium sulfate and do not contain Glucosamine Sulfate. Plaintiff alleges that Doctor’s Best is liable for (a) unfair, unlawful, and fraudulent business practices in violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq., (b) false advertising in violation of California’s False Advertising Law, Cal. Bus. & Prof. Code § 17500 et seq., (c) violations of the California Consumers Legal Remedies Act, Cal. Civ. Code § 1750 et seq., (d) breach of warranty, and (e) unjust enrichment. Plaintiff seeks to pursue her claims on behalf of herself and others who purchased the Products in the Settlement 23 should be approved as fair, reasonable, adequateUnited States. Doctor’s Best denies that there is any factual or legal basis for Plaintiff’s allegations. Doctor’s Best contends that the labeling of the Products is truthful and non-misleading, and that the Products are properly labeled in accordance with the best interests Official Methods of Analysis of the Association of Official Analytic Collaboration. Doctor’s Best therefore denies all claims asserted by Plaintiff and the Settlement Class and denies that it has engaged in any wrongdoing. Doctor’s Best also denies that Plaintiff or any other members of the Settlement Class 24 Members; whether Class Counsel’s motion has suffered injury or application for Fees and Expense Award and 25 application for the Service Awards should be approved; and whether final judgment approving 26 the Settlement and dismissing the Actions on the merits with prejudice against the Named 27 Plaintiffs and all is entitled to monetary or other Settlement Class Members should be enteredrelief. The Final Approval 2 filed timely and valid objections and requested to speak at the Final Approval Hearing), be 3 continued Court has not determined whether Plaintiff or adjourned by order of the CourtDoctor’s Best is correct.
4 12. Any Objector who timely submits an Objection has the option to appear and 5 request to be heard at the Final Approval Hearing, either in person or through the Objector’s 6 counsel. Any Objector wishing to appear and be heard at the Final Approval Hearing must 7 include a Notice of Intention to Appear in the body of the Objector’s Objection. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear may not speak at the Final 9 Approval Hearing without permission of the Court.
10 13. By June 26, 2023, Class Counsel shall file all papers in support of any Motion for
11 a Fee and Expense Award and/or for Service Awards, and shall serve copies of such papers upon 12 Defense Counsel and upon any Objectors who have validly complied with this Order and have 13 filed their objections prior to the date and time of Class Counsel’s fee motion. All opposition 14 papers shall be due by July 31, 2023, and any reply papers shall be filed by August 21, 2023.
15 14. By August 24, 2023, Class Counsel shall file all papers in support of the 16 application for the Final Approval Order and Final Judgment, and shall serve copies of such 17 papers upon Defense Counsel and upon any Objectors who have validly complied with this 18 Order. All opposition papers shall be filed by September 7, 2023, and any reply papers shall be 19 filed by September 21, 2023.
20 15. Class Counsel’s motion or application for a Fee and Expense Award and for
Appears in 1 contract
Samples: Settlement Agreement
Final Approval Hearing. 20 11The Court has scheduled a Final Approval Hearing (also referred to as a “Fairness Hearing”) to determine whether the Court should approve the Settlement as fair, reasonable, and adequate to the Class, and whether Judgment should be entered in accordance with the Settlement Agreement. The Court will also consider at the Final Approval Hearing the request of Class Counsel for an award of attorneys’ fees and reimbursement of expenses, as well as the request of the Class Representatives for incentive awards for services rendered on behalf of the Class. The Final Approval Hearing shall be held by the Court on October 12will occur at [DATE] Courtroom --, 2023000 Xxxx Xxxxxxxx, at 9
21 a. m.Xxx Xxxxx, to determine whether the requirements for certification of the Settlement Class have been 22 met; whether the proposed Settlement of the Actions on the terms set forth in the Settlement 23 should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class 24 Members; whether Class Counsel’s motion or application for Fees and Expense Award and 25 application for the Service Awards should be approved; and whether final judgment approving 26 the Settlement and dismissing the Actions on the merits with prejudice against the Named 27 Plaintiffs and all other Settlement Class Members should be enteredXX 00000. The Final Approval 2 filed timely and valid objections and requested to speak at the Final Approval Hearing), be 3 continued or adjourned by order of the Court.
4 12. Any Objector who timely submits an Objection has the option to appear and 5 request to be heard at the Final Approval Hearing, either in person or through the Objector’s 6 counsel. Any Objector wishing to appear and be heard Your attendance at the Final Approval Hearing must 7 include a Notice of Intention to Appear in the body of the Objector’s Objectionis not required. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear However, you may not speak be heard orally at the Final 9 Approval Hearing without permission of hearing in opposition to the Court.
10 13proposed Settlement if you wish. By June 26You may also enter an appearance through an attorney retained at your own expense. If you do not enter an appearance through an attorney, 2023and do not object, Class Counsel shall file all papers will represent you at the hearing. The Notice’s description of the case and Settlement is general. For more details of the matters involved in support this lawsuit and the Settlement, you may review the Settlement Agreement and related pleadings as set forth below. If you want more detailed information about the lawsuit and proposed Settlement, including reviewing the Settlement documents, you may visit the Settlement Website at xxx.XxxxxxxxXxxxxxxXxxXxxxxxxxxx.xxx, contact Administrator at [Insert Phone Number], or contact Class Counsel at (000) 000-0000. If you wish to review the Court’s docket in this case, you may do so at xxx.xxxxx.xxx, the Court’s public access website. A proposed Settlement has been reached in a class action lawsuit known as Xxxxxxx et al. x. Xxxxxxx’x Organic Oils, LLC, Case No. 3:19-cv-00169-RBM-BGS, pending in U.S. District Court in the Southern District of any Motion for
11 a Fee California The lawsuit claims that Xxxxxxx’x, which marketed and Expense Award and/or for Service Awardssold the Xxxxxxx’x Organic Virgin Coconut Oil, Organic Culinary/Gourmet Coconut Oil, and shall serve copies Organic Butter Flavored Coconut Oil (collectively, the “Coconut Oil Products” or “Products”) violated certain California, New York, and federal laws by misleadingly marketing the Products as healthy. Xxxxxxx’x denies the allegations and any wrongdoing. However, to avoid the cost of such papers upon 12 Defense Counsel litigation, and upon potential risks for both sides, the parties have reached a Class Action Settlement Agreement, which was preliminarily approved by the United States District Court for the Southern District of California on [DATE]. The two sides disagree on what relief, and how much, could have been won, if any, if the Class won at trial. The settlement avoids costs and risks to you from continuing the lawsuit, provides relief to affected persons like you, and releases Xxxxxxx’x and others from liability for related claims. If you purchased, for personal use, Xxxxxxx’x Organic Virgin Coconut Oil (16-, 32-, or 60-oz.), Xxxxxxx’x Organic Culinary/Gourmet Coconut Oil (32-, or 60-oz.), or Xxxxxxx’x Organic Butter Flavored Coconut Oil (16- or 32-oz.), between January 24, 2015 and [ ], you may be a member of the settling Class. The proposed class action settlement will provide $1,612,500 in funds to pay all aspects of Settlement (the “Common Fund”), including Class Member claims, notice, administration, Plaintiffs’ service awards, legal expenses, and attorneys’ fees. Xxxxxxx’x will also be prohibited from using any Objectors who have validly complied with this Order and have 13 filed their objections prior of the Challenged Claims for five years, absent a change in law or modifications to the date and time of Class Counsel’s fee motionlabels that comply with the law. All opposition 14 papers shall be due by July 31Eligible class members who timely file a claim may receive between $3.00 to $7.00, 2023per unit, and any reply papers shall be filed by August 21, 2023.
15 14. By August 24, 2023, Class Counsel shall file all papers in support depending on the size of the 16 application product, for up to five (5) units (single containers) of the Final Approval Order and Final Judgment, and shall serve copies Coconut Oil Products without Proof of such 17 papers upon Defense Counsel and upon any Objectors who have validly complied with this 18 Order. All opposition papers shall be filed by September 7, 2023, and any reply papers shall be 19 filed by September 21, 2023.
20 15Purchase. Class Counsel’s motion Members who timely submit claims with valid proof of purchase, as determined by the Claims Administrator, will receive the allotted amount for each unit that they submit valid proof of purchase. The total amount of funds to be claimed by Class Members will be calculated based on the total number of people who file claims and will be adjusted up or application for down accordingly. The only way to receive benefits from the proposed Settlement is to file a Fee and Expense Award and forclaim. Claim Forms may be submitted online or mailed to the Settlement Administrator at: Xxxxxxx’x Coconut Oil Settlement, c/x Xxxxx Settlement Administration, X.X. Xxx , Xxx Xxxx, XX 00000-0000. The deadline to file a claim is Month 00, 2022.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Final Approval Hearing. 20 11. a. The Parties will request that the Court schedule a Final Approval Hearing after the Claims Deadline and Objection Deadline.
b. Class Counsel shall be held file their petition for a Fee Award and Incentive Awards no later than thirty (30) days prior to the Objection Deadline.
c. Class Counsel shall file the motion for entry of a Final Approval Order and Judgment no later than fourteen (14) days prior to the Final Approval Hearing.
d. No more than fourteen (14) days prior to the Final Approval Hearing, the Settlement 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.
e. If the Settlement Agreement is preliminarily approved by the Court, and all other conditions precedent to the Settlement have been satisfied, then Plaintiffs shall file a Motion for Final Approval asking, inter alia, that the Court on October 12enter a Final Approval Order and Judgment, 2023with Plaintiffs filing a memorandum of points and authorities in support of the motion. Either Party may file a memorandum addressing any objection to the Settlement that has been submitted. Any request by MCM for entry of the Final Approval Order and Judgment, at 9or failure to object to Plaintiffs’ request for entry of the Final Approval Order and Judgment, shall not be an admission or concession by MCM as to any matter pertaining to Plaintiffs’ claims or the Action.
21 a. m.f. At the Final Approval Hearing, to the Court will consider and determine whether the requirements for certification provisions of the Settlement Class have been 22 met; whether the proposed Settlement of the Actions on the terms set forth in the Settlement 23 this Agreement should be finally approved as fair, reasonable, and adequate, whether any objections to the Agreement should be overruled, whether the requested Fee Award and the requested Incentive Awards should be approved, and whether a judgment finally approving the Settlement Agreement should be entered.
g. This Settlement Agreement is subject to and conditioned upon the issuance by the Court of a Final Approval Order that grants final approval of this Agreement and:
(i) finds that the Notice provided satisfies the requirements of Rule 23 of the Massachusetts Rules of Civil Procedure and due process under the Constitution of the United States;
(ii) finds that Settlement Class Members have been adequately represented by the Class Representatives and Class Counsel;
(iii) 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 Section V, and that this Settlement Agreement should be and is approved;
(iv) dismisses on the best interests merits and with prejudice all claims of the Settlement Class 24 MembersMembers asserted against MCM, without fees or costs to any Party except as provided in this Agreement; whether Class Counsel’s motion or application for Fees and Expense Award and 25 application for and
(v) retains jurisdiction of all matters relating to the Service Awards should be approved; and whether final judgment approving 26 the Settlement and dismissing the Actions on the merits with prejudice against the Named 27 Plaintiffs and all other Settlement Class Members should be entered. The Final Approval 2 filed timely and valid objections and requested to speak at the Final Approval Hearing)interpretation, be 3 continued or adjourned by order of the Court.
4 12. Any Objector who timely submits an Objection has the option to appear and 5 request to be heard at the Final Approval Hearingadministration, either in person or through the Objector’s 6 counsel. Any Objector wishing to appear and be heard at the Final Approval Hearing must 7 include a Notice of Intention to Appear in the body of the Objector’s Objection. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear may not speak at the Final 9 Approval Hearing without permission of the Court.
10 13. By June 26implementation, 2023, Class Counsel shall file all papers in support of any Motion for
11 a Fee and Expense Award and/or for Service Awardseffectuation, and shall serve copies enforcement of such papers upon 12 Defense Counsel and upon any Objectors who have validly complied with this Order and have 13 filed their objections prior to the date and time of Class Counsel’s fee motion. All opposition 14 papers shall be due by July 31, 2023, and any reply papers shall be filed by August 21, 2023Settlement.
15 14. By August 24, 2023, Class Counsel shall file all papers in support of the 16 application for the Final Approval Order and Final Judgment, and shall serve copies of such 17 papers upon Defense Counsel and upon any Objectors who have validly complied with this 18 Order. All opposition papers shall be filed by September 7, 2023, and any reply papers shall be 19 filed by September 21, 2023.
20 15. Class Counsel’s motion or application for a Fee and Expense Award and for
Appears in 1 contract
Samples: Settlement Agreement
Final Approval Hearing. 20 11The Court has scheduled a Final Approval Hearing (sometimes referred to as a “Fairness Hearing”) to determine whether the Court should approve the Settlement as fair, reasonable, and adequate to the Class, and whether Judgment should be entered in accordance with the Settlement Agreement. The Court will also consider at the Final Approval Hearing the request of Class Counsel for an award of attorneys’ fees and reimbursement of expenses, as well as the request of the Class Representative for a service award for services rendered on behalf of the Class. The Final Approval Hearing shall be held by the Court on October 12, 2023, will occur at 9
21 a. m., to determine whether the requirements for certification [time and date] in Department 69 of the Settlement Class have been 22 met; whether San Diego Superior Court, the proposed Settlement of the Actions on the terms set forth in the Settlement 23 should be approved as fairXxxxxxxxx Xxxxxxxxx Xxxxx presiding, reasonable000 Xxxx Xxxxxxxx, adequateXxx Xxxxx, and in the best interests of the Settlement Class 24 Members; whether Class Counsel’s motion or application for Fees and Expense Award and 25 application for the Service Awards should be approved; and whether final judgment approving 26 the Settlement and dismissing the Actions on the merits with prejudice against the Named 27 Plaintiffs and all other Settlement Class Members should be enteredXxxxxxxxxx 00000. The Final Approval 2 filed timely and valid objections and requested to speak at the Final Approval Hearing), be 3 continued or adjourned by order of the Court.
4 12. Any Objector who timely submits an Objection has the option to appear and 5 request to be heard at the Final Approval Hearing, either in person or through the Objector’s 6 counsel. Any Objector wishing to appear and be heard Your attendance at the Final Approval Hearing must 7 include a Notice of Intention to Appear in the body of the Objector’s Objectionis not required. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear However, you may not speak be heard orally at the Final 9 Approval Hearing without permission of hearing in opposition to the Court.
10 13proposed Settlement if you wish. By June 26You may also enter an appearance through an attorney retained at your own expense. If you do not enter an appearance through an attorney, 2023and do not object, Class Counsel shall file all papers will represent you at the hearing. The Notice’s description of the case and Settlement is general. For more details of the matters involved in support of any Motion for
11 a Fee this lawsuit and Expense Award and/or for Service Awardsthe Settlement, you may review the Settlement agreement and shall serve copies of such papers upon 12 Defense related pleadings as set forth below. If you want more detailed information about the lawsuit and proposed Settlement, including reviewing the Settlement documents, you may visit the Settlement Website at xxx.XxxxxxXxxxXxxxxxxxxx.xxx, contact Xxxx Administration at 0-000-000-0000, or contact Class Counsel and upon any Objectors who have validly complied with at (000) 000-0000. If you wish to review the Court’s docket in this Order and have 13 filed their objections prior case, you may do so by visiting xxx.xxxxxxx.xx.xxx, the Court’s public access website. Direct your browser to the date register of actions link and time of Class Counselthen enter case number 00-0000-00000000. You may view the Court’s fee motion. All opposition 14 papers shall be due by July 31docket from here, 2023, and any reply papers shall be filed by August 21, 2023.
15 14. By August 24, 2023, Class Counsel shall file all papers in support of the 16 application for the Final Approval Order and Final Judgment, and shall serve copies of such 17 papers upon Defense Counsel and upon any Objectors who have validly complied with this 18 Order. All opposition papers shall be filed by September 7, 2023, and any reply papers shall be 19 filed by September 21, 2023.
20 15. Class Counsel’s motion or application for a Fee and Expense Award and forincluding but not
Appears in 1 contract
Samples: Class Action Settlement Agreement
