Final Approval of Settlement. 1. If this Settlement Agreement is preliminarily approved by the Court, Class Counsel shall present a motion requesting that the Court issue a Final Order and Judgment directing the entry of judgment pursuant to Fed. R. Civ. P. 54(b) substantially in the form attached as Exhibit 2.
Final Approval of Settlement. Not later than 60 days before the Fairness Hearing, Class Counsel shall file a Motion for Final Approval of the Settlement. Plaintiffs shall request that the Court enter the Final Approval Order, which shall specifically include provisions that: (a) finally approve the Settlement as fair, reasonable and adequate to the Settlement Class Members; (b) find that the Class Notice as given was the best notice practicable under the circumstances, is due and sufficient notice to the Settlement Class and fully satisfies the requirements of due process and Federal Rule of Civil Procedure 23; (c) approve the plan of distribution of the Settlement Fund; (d) finally certify the Settlement Class; (e) confirm that Plaintiffs and the Settlement Class Members have released all Released Claims and are permanently barred and enjoined from asserting, commencing, prosecuting or continuing any of the Released Claims against the Discharged Parties; and (f) dismiss the Action with prejudice, without costs to any Party, except as provided in this Agreement, and subject to the Court’s retaining continuing jurisdiction over the Parties and the Settlement Fund for the purpose of enforcement of the terms of this Agreement.
Final Approval of Settlement. 89. Class Counsel will file a motion seeking the Court’s Final Judgment as to the Proposed Settlement at a Final Approval Hearing to be held at a time, date, and location that will be stated in the Preliminary Approval Order, and listed in the Class Notice. The Parties will request that the Final Approval Hearing be held at the earliest date that the Court is available to hear the matter, that is at least 130 days after the Preliminary Approval Order. Class Counsel shall request the Court to enter a Final Judgment substantially in the form of the Final Order and Judgment Approving Settlement and Dismissing Action with Prejudice attached hereto as Exhibit 4, approving the Proposed Settlement without material alteration, and directing the Parties and their counsel to comply with and consummate the terms of this Agreement, as well as:
Final Approval of Settlement. A court may approve a proposed class action settlement of a certified class only “after a hearing and on finding that it is fair, reasonable, and adequate after considering whether: (a) the class representatives and class counsel have adequately represented the class; (b) the proposal was negotiated at arm’s length; (c) the relief provided for the class is adequate, taking into account: (i) 15 the costs, risks, and delay of trial and appeal; (ii) the effectiveness of any proposed method of distributing relief to the class, including the method of processing class-member claims; (iii) the terms of any proposed award of attorney’s fees, including timing of payment; and (iv) any 18 agreement required to be identified under Rule 23(e)(3); and (d) the proposal treats class members equitably relative to each other.” Fed. R. Civ. P. 23(e)(2).1 In reviewing the proposed settlement, 1 Prior to the amendments to Rule 23, which took effect December 1, 2018, the Ninth Circuit had 22 enumerated a similar list of factors to consider in evaluating a proposed class settlement. See
Final Approval of Settlement. Not later than seventy-five (75) calendar days after Preliminary Approval, or on a date ordered by the Court, Plaintiffs shall file a Motion for Final Approval of the Settlement. Plaintiffs shall request that the Court enter a Final Approval Order that specifically includes provisions that:
Final Approval of Settlement. The Notice shall contain a date, time, and location for a “Final Approval Hearing.” The Final Approval Hearing shall be held on a date approved by the Court no earlier than Forty-Five
Final Approval of Settlement. 1. Once the Court enters a Preliminary Approval Order, counsel for the Parties shall use their best efforts to promptly obtain entry of a Final Order and Judgment that:
Final Approval of Settlement. 3. Upon review of the record, including the Orders preliminarily approving the Settlement and the submissions in support of the Settlement and preliminary certification, the Court finds that the Settlement resulted from arm’s-length negotiations between highly experienced counsel and fall within the range of possible approval.
Final Approval of Settlement. 8. The deadline for Class Members to file objections to the Settlement was , 20 . The Court has received no objections to the Settlement.
Final Approval of Settlement. 83. Class Counsel will file a motion seeking the Court’s Final Judgment as to the Proposed Settlement at a Final Approval Hearing to be held at a time, date, and location that will be stated in the Preliminary Approval Order and listed in the Class Notice. The Parties will request that the Final Approval Hearing be held at the earliest date that is at least 130 days after the Preliminary Approval Order that the Court is available to hear the matter or as soon as possible thereafter. Class Counsel shall request the Court to enter a Final Approval Order in the form attached hereto as Exhibit 5 and without any material alterations thereto.
