Final Approval of the Settlement. 10. Pursuant to the Settlement Agreement, the Defendant shall pay One Million Two Hundred Thousand Dollars and 00 Cents ($1,200,000) to create the Settlement Fund. Class Members who have submitted a valid claim will receive a pro-rata share of the Settlement Fund after attorneys’ fees and costs, the Class Representative’s award, and the costs of notice and administration are deducted. In addition to payments from the Settlement Fund, Defendant have also agreed that they have taken steps to ensure compliance going forward with the telemarketing conduct alleged in the First Amended Complaint.
11. The Court has read and considered the papers filed in support of the Motion, including the Settlement Agreement and the exhibits thereto, memoranda and arguments submitted on behalf of the Plaintiff, Settlement Class Members, and the Defendant. The Court has also read and considered any written objections filed by Settlement Class Members. [Alternatively: “The Court has not received any objections from any person regarding the Settlement.”] The Court held a hearing on , 2019, at which time the parties [and objecting Settlement Class Members] were afforded the opportunity to be heard in support of or in opposition to the Settlement. Furthermore, the Court finds that notice under the Class Action Fairness Act was effectuated on , 2019, and that ninety (90) days has passed without comment or objection from any governmental entity.
12. The Court now grants final approval to the Settlement and finds that the Settlement is fair, adequate, reasonable, and in the best interests of the Settlement Class. This finding is supported by, among other things, the complex legal and factual posture of the Action, the fact that the Settlement is the result of arms’ length negotiations presided over by a neutral mediator, and the settlement benefits being made available to Settlement Class Members.
13. The Court clarifies that Section 6.5 of the Settlement Agreement does not preclude or discourage Settlement Class members from contacting, assisting, responding to, or otherwise cooperating with governmental authorities relating to the issues raised in the Settlement Agreement.
14. The Settlement Administrator shall take all reasonable steps necessary to ensure that the settlement is effectuated in a manner consistent with the Settlement Agreement.
15. In the event that settlement payments exceed the threshold amounts that must be reported to the Internal Revenue Service by means of a Fo...
Final Approval of the Settlement. 34. Class Counsel shall submit a motion for final approval of the settlement to the Court. Plaintiffs shall seek, and DMC shall not object to, entry of a final judgment and order: (a) approving finally this Settlement Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Class Members within the meaning of Rule 23 of the Federal Rules if Civil Procedure and directing its consummation according to its terms; (b) directing that, as to DMC, the Class Action be dismissed with prejudice and without costs; (c) reserving exclusive jurisdiction over the settlement and this Settlement Agreement, including the administration and consummation of this settlement; and (d) finding under Federal Rules of Civil Procedure 54(b) that there is no just reason for delay and directing that the judgment of dismissal as to DMC shall be final and entered forthwith.
35. Plaintiffs agree that, ten (10) business days prior to submission of the motion for final approval of the Settlement Agreement (or as soon as reasonably possible thereafter depending on the deadline for filing objections), they shall provide DMC’s counsel with an advance copy of the papers and make reasonable suggested edits from DMC’s counsel.
36. This Settlement Agreement shall become final only upon: (a) the entry by the Court of the Final Judgment, and (b) the expiration of the time for appeal and to seek permission to appeal from the Court’s approval of the Settlement Agreement and entry of the Final Judgment or, if an appeal from an approval and Final Judgment is taken, the affirmance of such Final Judgment in its entirety, without substantial modification, by the court of last resort to which an appeal of such Final Judgment may be taken, except that any modification of the Final Judgment on appeal that the parties agree shall not affect the finality of this Settlement Agreement or the Effective Date shall not do so. Notwithstanding the foregoing, the modification of any award of fees or costs to Class Counsel for the Class on appeal or on remand shall not affect the finality of this Settlement Agreement, or the Effective Date.
Final Approval of the Settlement. 1. Upon final Approval of the Settlement by the Court, the Final Judgment Approving Settlement will be rendered by the Court.
Final Approval of the Settlement. If the Court preliminarily approves this Settlement (and none of the conditions to terminate this Agreement has been exercised), Class Counsel will file a Final Approval Motion, which will seek entry of a proposed Final Approval Order in a form to be agreed upon by the Settling Parties and will, among other things, request that the Court order and/or find as follows:
(a) Final Approval of the Settlement of the claims of the Class set forth in this Settlement Agreement;
(b) The Settlement is fair, reasonable, and adequate to the Class pursuant to Fed. R. Civ. P. 23(e);
(c) Final Approval of the Plan of Allocation;
(d) Dismissal of the Action against Defendant with prejudice;
(e) That Plaintiff and the Class will be deemed conclusively to have released and waived any and all Settled Class Claims against Defendant as provided in this Settlement Agreement;
(f) Bar and permanently enjoin the Parties and the Class from prosecuting any and all Settled Claims, as provided in this Settlement Agreement, against any Party from whom they have released claims;
(g) Determine Class Counsel’s application for a Fee & Expense Award;
(h) Retain exclusive jurisdiction, without affecting the finality of the Order entered, with regard to: (i) implementation of this Settlement Agreement; (ii) disposition of the Settlement Fund and distributions from the Settlement Fund;
Final Approval of the Settlement. 10. The Court finds that the Settlement resulted from extensive arm’s-length good faith negotiations and mediation between the Parties through experienced counsel, and with the assistance and oversight of experienced mediator Judge Xxxxx X. Xxxxx (Xxx.). Moreover, all aspects of the Settlement were informed by meaningful discovery that took place prior to and during the settlement process.
Final Approval of the Settlement. A court may approve a proposed class-action settlement of a certified class only: after a hearing and on a 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) 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 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). In addition, courts within the Fifth Circuit consider the following six factors in determining whether to approve a class-action settlement: (1) the existence of fraud or collusion; (2) the complexity, expense, and likely duration of the litigation; (3) the stage of the proceedings; (4) plaintiff’s probability of success on the merits; (5) the range of possible recovery; and (6) the opinions of class counsel, class representatives, and absent class members. Xxxx x. Gen. Motors Corp., 703 F.2d 170, 172 (5th Cir. 1983). The Rule 23(e)(2) requirements overlap significantly with the Xxxx factors, so the Court will consider the Rule 23(e)(2) requirements as informed by the Xxxx factors.
Final Approval of the Settlement. 5 9. The Court finds that the settlement resulted from arm’s-length negotiations between
Final Approval of the Settlement. 9. The Court finds that the Settlement resulted from arm’s-length negotiations between Class Counsel and Defendants.
10. The Court hereby finally approves in all respects the Settlement as fair, reasonable, and adequate, and in the best interest of the Settlement Class.
11. The Court finds that Named Plaintiffs and Class Counsel fairly and adequately represented the interests of Settlement Class Members in connection with the Settlement.
12. The Settling Parties shall consummate the Settlement in accordance with the terms thereof. The Settlement, and each and every term and provision thereof, including its Releases, shall be deemed incorporated herein as if explicitly set forth herein and shall have the full force and effect of an order of this Court.
Final Approval of the Settlement. 2 7. The Court finds that the Settlement resulted from arm’s-length negotiations 3 between Class Counsel and Defendant.
4 8. The Court hereby finally approves in all respects the Settlement as fair, 5 reasonable, and adequate, and in the best interest of the Settlement Class.
6 9. The Court finds that Class Representatives and Class Counsel fairly and 7 adequately represented the interests of Settlement Class Members in connection with the
Final Approval of the Settlement. (a) At least thirty (30) days before the end of the Notice Period, Class Counsel will provide Defendant’s Counsel with a draft motion for final approval of the settlement and dismissal of the action for Defendant’s review and approval.
(b) Within ten (10) days after the Notice Period ends, Class Counsel will file a motion for final approval of the settlement and dismissal with the Court. Defendant will not oppose this motion.
