Common use of Final Approval of the Settlement Clause in Contracts

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 Form 1099, Class Counsel, and the Settlement Administrator, will take all necessary and reasonable steps to obtain W-9’s from claimants and to comply with applicable IRS regulations on issuing 1099’s without a social security number of tax entity identification number, and shall take all reasonable and necessary steps to avoid imposition of IRS penalties against the Settlement Fund, including, but not limited to limiting payments below the reportable threshold and/or withholding of taxes and any applicable penalties. 16. The Court orders the Parties to the Settlement Agreement to perform their obligations thereunder. The Settlement Agreement shall be deemed incorporated herein as if explicitly set forth and shall have the full force of an order of this Court. 17. The Court dismisses this Action with prejudice and without costs (except as otherwise provided herein and in the Settlement Agreement). 18. On and after the Effective Date, the Releasing Parties, and each of them, are forever barred and permanently enjoined from directly, indirectly, representatively, or in any other capacity filing, commencing, prosecuting, continuing, or litigating any other proceeding against any of the Released Parties in any jurisdiction based on or relating in any way to the Released Claims, and the Releasing Parties are forever barred and permanently enjoined from filing, commencing, or prosecuting any lawsuit individually or as a class action against any of the Released Parties (including by seeking to amend a pending complaint to include class allegations or by seeking class certification in a pending action in any jurisdiction) based on or relating in any way to the Released Claims. 19. The Court further orders that upon the Effective Date, the above-described releases and the Settlement Agreement will be binding on, and have res judicata and preclusive effect in all pending and future lawsuits or other proceedings maintained by or on behalf of the Releasing Parties. 20. Without affecting the finality of this Final Approval Order and Judgment in any way, the Court retains jurisdiction over: (a) implementation and enforcement of the Settlement Agreement until the final judgment contemplated hereby has become effective and each and every act agreed to be performed by the parties hereto pursuant to the Settlement Agreement have been performed; (b) any other action necessary to conclude the Settlement and to administer, effectuate, interpret and monitor compliance with the provisions of the Settlement Agreement; and (c) all parties to this Action and Settlement Class Members for the purpose of implementing and enforcing the Settlement Agreement.

Final Approval of the Settlement. 10If the Court preliminarily approves this Settlement, Class Counsel will file the Final Approval Motion. Pursuant to Defendants will either join in or not oppose the Settlement Agreement, the Defendant shall pay One Million Two Hundred Thousand Dollars and 00 Cents ($1,200,000) to create the Settlement FundFinal Approval Motion. Class Members who have submitted Counsel shall give Defendants at least five (5) days to review the Final Approval Motion before filing. The Final Approval Motion will seek entry of a valid claim will receive proposed Final Order in a proform to be agreed-rata share upon by the Settling Parties and will, among other things: (a) Order Final Approval 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 set forth in this 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.Agreement; 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 (90b) days has passed without comment or objection from any governmental entity. 12. The Court now grants final approval to the Settlement and finds Adjudge that the Settlement is fair, adequate, reasonable, reasonable and in adequate to the best interests of Class pursuant to Rule 23(e); (c) Dismiss the Settlement Class. This finding is supported by, among other things, the complex legal and factual posture of the Action, the fact Action against Defendants with prejudice; (d) Adjudge that the Settlement is the result of arms’ length negotiations presided over by a neutral mediator, Plaintiffs and the settlement benefits being made available Class will be deemed conclusively to Settlement have released and waived any and all Settled Class Members. 13. The Court clarifies that Section 6.5 of Claims against 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 Released Parties as provided in the this Settlement Agreement.; 14. The Settlement Administrator shall take (e) Bar and permanently enjoin the Parties and the Class from prosecuting any and all reasonable steps necessary to ensure that the settlement is effectuated Settled Claims, as provided in a manner consistent with the this 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 Form 1099, Class Counsel, and the Settlement Administrator, will take all necessary and reasonable steps to obtain W-9’s from claimants and to comply with applicable IRS regulations on issuing 1099’s without a social security number of tax entity identification number, and shall take all reasonable and necessary steps to avoid imposition of IRS penalties against the Settlement Fund, including, but not limited to limiting payments below the reportable threshold and/or withholding of taxes and any applicable penalties. 16. The Court orders the Parties to the Settlement Agreement to perform their obligations thereunder. The Settlement Agreement shall be deemed incorporated herein as if explicitly set forth and shall have the full force of an order of this Court. 17. The Court dismisses this Action with prejudice and without costs (except as otherwise provided herein and in the Settlement Agreement). 18. On and after the Effective Date, the Releasing Parties, and each of them, are forever barred and permanently enjoined from directly, indirectly, representatively, or in any other capacity filing, commencing, prosecuting, continuing, or litigating any other proceeding against any of the Released Parties in for whom they have released claims; (f) Determine Class Counsel’s request(s) for Fee Award, Service Awards, and Expense Award; (g) Provide that Class Members will be barred from asserting any jurisdiction claims against the Defendants or Defendant Releasees arising out of the allocation of the Net Settlement Amount calculated by the Settlement Administrator or based on actions by Defendants or relating in any way to Defendant Releasees that were consistent with the Released ClaimsPlan of Allocation, and the Releasing Parties are forever barred and permanently enjoined from filingSettlement Agreement, commencingthe applicable plan (ESOP or 401k Plan), an order of the Court, or prosecuting any lawsuit individually or as a class action against any the direction of the Released Parties (including by seeking to amend a pending complaint to include class allegations Settlement Administrator or by seeking class certification in a pending action in any jurisdiction) based on or relating in any way to the Released ClaimsClass Counsel. 19. The Court further orders that upon the Effective Date(h) Retain exclusive jurisdiction, the above-described releases and the Settlement Agreement will be binding on, and have res judicata and preclusive effect in all pending and future lawsuits or other proceedings maintained by or on behalf of the Releasing Parties. 20. Without without affecting the finality of this Final Approval the Order and Judgment in any wayentered, the Court retains jurisdiction overwith regard to: (ai) implementation and enforcement of this Settlement Agreement; (ii) disposition of the Settlement Agreement until the final judgment contemplated hereby has become effective and each and every act agreed to be performed by the parties hereto pursuant to the Settlement Agreement have been performed; (b) any other action necessary to conclude the Settlement and to administer, effectuate, interpret and monitor compliance with the provisions of the Settlement AgreementFund; and (ciii) all parties to enforcement and administration of this Action and Settlement Class Members for the purpose of implementing and enforcing the Settlement Agreement, including the release provisions thereof; and (i) Determine whether notice to the appropriate state and federal officials has been provided as required by CAFA and whether Defendants have satisfied their obligations pursuant to 28 U.S.C. § 1715.

Final Approval of the Settlement. 10. Pursuant to the Settlement Agreement, the Defendant shall has agreed to pay One Million Two Hundred Thousand Dollars and 00 Cents ($1,200,000) 1,750,000 to create the Settlement Fund. Amounts awarded to Class Counsel or the Class Representative will be paid from 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. 1514. In the event that settlement payments exceed the threshold amounts that must be reported to the Internal Revenue Service by be means of a Form 1099, Class Counsel, and the Settlement Administrator, will take all necessary and reasonable steps to obtain W-9’s W-9‘s from claimants and to comply with applicable IRS regulations on issuing 1099’s without a social security number of or tax entity identification number, and shall take all reasonable and necessary steps to avoid imposition of IRS penalties against the Settlement Fund, including, but not limited to limiting payments below the reportable threshold and/or withholding of taxes and any applicable penalties. 1615. The Court orders the Parties to the Settlement Agreement to perform their obligations thereunder. The Settlement Agreement shall be deemed incorporated herein as if explicitly set forth and shall have the full force of an order of this Court. 1716. The Court dismisses this Action with prejudice and without costs (except as otherwise provided herein and in the Settlement Agreement). 1817. On and after the Effective Date, the Releasing Parties, and each of them, are forever barred and permanently enjoined from directly, indirectly, representatively, or in any other capacity filing, commencing, prosecuting, continuing, or litigating any other proceeding against any of the Released Parties in any jurisdiction based on or relating in any way to the Released Claims, and the Releasing Parties are forever barred and permanently enjoined from filing, commencing, or prosecuting any lawsuit individually or as a class action against any of the Released Parties (including by seeking to amend a pending complaint to include class allegations or by seeking class certification in a pending action in any jurisdiction) based on or relating in any way to the Released Claims. 1918. The Court further orders that upon the Effective Date, the above-described releases and the Settlement Agreement will be binding on, and have res judicata and preclusive effect in all pending and future lawsuits or other proceedings maintained by or on behalf of the Releasing Parties. 2019. Without affecting the finality of this Final Approval Order and Judgment in any way, the Court retains jurisdiction over: (a) implementation and enforcement of the Settlement Agreement until the final judgment contemplated hereby has become effective and each and every act agreed to be performed by the parties hereto pursuant to the Settlement Agreement have been performed; (b) any other action necessary to conclude the Settlement and to administer, effectuate, interpret and monitor compliance with the provisions of the Settlement Agreement; and (c) all parties to this Action and Settlement Class Members for the purpose of implementing and enforcing the Settlement Agreement.

Final Approval of the Settlement. 10. Pursuant If the Court preliminarily approves this Settlement, and if neither Defendants nor Class Counsel has not exercised any right to withdraw pursuant and within the Settlement times required by this Agreement, Class Counsel will file a Final Approval Motion, which will seek entry of a proposed Final Order in a form to be agreed- upon by the Defendant shall pay One Million Two Hundred Thousand Dollars Settling Parties and 00 Cents will, among other things request that the Court order and/or find as follows: ($1,200,000a) to create the Settlement Fund. Class Members who have submitted a valid claim will receive a pro-rata share Order Final Approval of the Settlement Fund after attorneys’ fees and costs, of the claims of the Class Representative’s award, and the costs of notice and administration are deducted. In addition to payments from the set forth in this 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.Agreement; 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 (90b) days has passed without comment or objection from any governmental entity. 12. The Court now grants final approval to the Settlement and finds Adjudge that the Settlement is fair, adequate, reasonable, and in adequate to the best interests Class pursuant to Fed. R. Civ. P. 23(e); (c) Finally Approve the Plan of Allocation; (d) Dismiss the Settlement Class. This finding is supported by, among other things, the complex legal and factual posture of the Action, the fact Action against Defendants with prejudice; (e) Adjudge that the Settlement is the result of arms’ length negotiations presided over by a neutral mediator, Plaintiff and the settlement benefits being made available Class will be deemed conclusively to Settlement have released and waived any and all Settled 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 Claims against Defendants as provided in the this Settlement Agreement.; 14. The Settlement Administrator shall take (f) Bar and permanently enjoin the Parties and the Class from prosecuting any and all reasonable steps necessary to ensure that the settlement is effectuated Settled Claims, as provided in a manner consistent with the this Settlement Agreement., against any Party from whom they have released claims; 15. In the event that settlement payments exceed the threshold amounts that must be reported to the Internal Revenue Service by means of a Form 1099, (g) Determine Class Counsel’s request(s) for Fee Award and Expense Award; (h) Retain exclusive jurisdiction, and the Settlement Administrator, will take all necessary and reasonable steps to obtain W-9’s from claimants and to comply with applicable IRS regulations on issuing 1099’s without a social security number of tax entity identification number, and shall take all reasonable and necessary steps to avoid imposition of IRS penalties against the Settlement Fund, including, but not limited to limiting payments below the reportable threshold and/or withholding of taxes and any applicable penalties. 16. The Court orders the Parties to the Settlement Agreement to perform their obligations thereunder. The Settlement Agreement shall be deemed incorporated herein as if explicitly set forth and shall have the full force of an order of this Court. 17. The Court dismisses this Action with prejudice and without costs (except as otherwise provided herein and in the Settlement Agreement). 18. On and after the Effective Date, the Releasing Parties, and each of them, are forever barred and permanently enjoined from directly, indirectly, representatively, or in any other capacity filing, commencing, prosecuting, continuing, or litigating any other proceeding against any of the Released Parties in any jurisdiction based on or relating in any way to the Released Claims, and the Releasing Parties are forever barred and permanently enjoined from filing, commencing, or prosecuting any lawsuit individually or as a class action against any of the Released Parties (including by seeking to amend a pending complaint to include class allegations or by seeking class certification in a pending action in any jurisdiction) based on or relating in any way to the Released Claims. 19. The Court further orders that upon the Effective Date, the above-described releases and the Settlement Agreement will be binding on, and have res judicata and preclusive effect in all pending and future lawsuits or other proceedings maintained by or on behalf of the Releasing Parties. 20. Without affecting the finality of this Final Approval the Order and Judgment in any wayentered, the Court retains jurisdiction overwith regard to: (ai) implementation and enforcement of this Settlement Agreement; (ii) disposition of the Settlement Agreement until the final judgment contemplated hereby has become effective Fund and each and every act agreed to be performed by the parties hereto pursuant to distributions from the Settlement Agreement have been performed; (b) any other action necessary to conclude the Settlement and to administer, effectuate, interpret and monitor compliance with the provisions of the Settlement AgreementFund; and (ciii) all parties to enforcement and administration of this Action and Settlement Class Members for the purpose of implementing and enforcing the Settlement Agreement, including the release provisions thereof; and (i) To the extent that Defendants have timely complied with CAFA and provided CAFA Notice consistent with this Agreement, find that notice to the appropriate state and federal officials has been provided as required by CAFA and Defendants have satisfied their obligations pursuant to 28 U.S.C. § 1715.

Final Approval of the Settlement. 10. Pursuant to the Settlement Agreement, the Defendant shall Defendants have agreed to pay One Million Two Hundred Thousand Dollars and 00 Cents ($1,200,000) 2,100,000 to create the Settlement Fund. Amounts awarded to Class Counsel or paid to the Class Representative will be paid from the Settlement Fund. Settlement Class Members who have submitted a valid claim Claim Form will receive a pro-pro rata share of the Settlement Fund after attorneys’ fees and costsexpenses, the Class Representative’s awardservice payment, 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 DefendantDefendants. 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 mediatornegotiations, 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 Form 1099, Class Counsel, and the Settlement Administrator, will take all necessary and reasonable steps to obtain W-9’s from claimants and to comply with applicable IRS regulations on issuing 1099’s without a social security number of tax entity identification number, and shall take all reasonable and necessary steps to avoid imposition of IRS penalties against the Settlement Fund, including, but not limited to limiting payments below the reportable threshold and/or withholding of taxes and any applicable penalties. 16. The Court orders the Parties to the Settlement Agreement to perform their obligations thereunder. The Settlement Agreement shall be deemed incorporated herein as if explicitly set forth and shall have the full force of an order of this Court. 1714. The Court dismisses this Action with prejudice and without costs (except as otherwise provided herein and in the Settlement Agreement). 1815. On and after the Effective Date, the Releasing Parties, and each of them, are forever barred and permanently enjoined from directly, indirectly, representatively, or in any other capacity filing, commencing, prosecuting, continuing, or litigating any other proceeding against any of the Released Parties in any jurisdiction based on or relating in any way to the Released Claims, and the Releasing Parties are forever barred and permanently enjoined from filing, commencing, or prosecuting any lawsuit individually or as a class action against any of the Released Parties (including by seeking to amend a pending complaint to include class allegations or by seeking class certification in a pending action in any jurisdiction) based on or relating in any way to the Released Claims. 1916. The Court further orders that upon the Effective Date, the above-described releases and the Settlement Agreement will be binding on, and have res judicata and preclusive effect in all pending and future lawsuits or other proceedings maintained by or on behalf of the Releasing Parties. 2017. Without affecting the finality of this Final Approval Order and Judgment in any way, the Court retains jurisdiction over: (a) implementation and enforcement of the Settlement Agreement until the final judgment contemplated hereby has become effective and each and every act agreed to be performed by the parties hereto pursuant to the Settlement Agreement have been performed; (b) any other action necessary to conclude the Settlement and to administer, effectuate, interpret and monitor compliance with the provisions of the Settlement Agreement; and (c) all parties to this Action and Settlement Class Members for the purpose of implementing and enforcing the Settlement Agreement.