Final Approval Order and Final Judgment. 97. Plaintiffs shall file their Motion for Final Approval of the Settlement, inclusive of the Application for Attorneys’ Fees, Costs, and Service Awards, no later than 45 days before the original date set for the Final Approval Hearing. At the Final Approval Hearing, the Court will hear argument on Plaintiffs’ Motion for Final Approval of the Settlement and Application for Attorneys’ Fees, Costs and Service Awards. In the Court’s discretion, the Court will also hear argument at the Final Approval Hearing from any Settlement Class Members (or their counsel) who object to the Settlement and/or to the Application for Attorneys’ Fees, Costs, and Service Awards, provided the objectors submitted timely objections that meet all of the requirements listed in this Agreement.
98. At or following the Final Approval Hearing, the Court will determine whether to enter the Final Approval Order and final judgment thereon, and whether to grant the Application for Attorneys’ Fees, Costs, and Service Awards. Such proposed Final Approval Order shall, among other things:
a. Determine that the Settlement is fair, adequate and reasonable;
b. Finally certify the Settlement Class for settlement purposes only;
c. Determine that the Notice Program satisfies Due Process requirements;
d. Bar and enjoin all Releasing Parties from asserting or otherwise pursuing any of the Released Claims at any time and in any jurisdiction, including during any appeal from the Final Approval Order; and retain jurisdiction over the enforcement of the Court’s injunctions;
e. Release PHL and the other Released Parties from the Released Claims; and
f. Reserve the Court’s continuing and exclusive jurisdiction over the Parties to this Agreement, including PHL, Plaintiffs, all Settlement Class Members, and all objectors, to administer, supervise, construe, and enforce this Agreement in accordance with its terms.
Final Approval Order and Final Judgment a. The Class Representative and Class Counsel agree that they will request the Court to enter, after the hearing on final approval of the Agreement, a Final Approval Order certifying the Settlement Class and finding that the Agreement is fair, reasonable, and adequate and in the best interest of the Settlement Class and ordering the Parties to carry out the Agreement.
b. The Class Representative and Class Counsel agree that they will request the Court to enter a Final Judgment dismissing all claims and motions of SMCU and the Settlement Class on the merits and with prejudice, declare the Settlement Class Members are bound by the Releases in Paragraph 5, and note the Court’s decision to reserve continuing jurisdiction over the enforcement of the Agreement and the administrator and distribution of the Settlement Funds.
c. The Settlement Administrator, with the assistance of Class Counsel, shall file a final accounting with the Court within 300 days after the Effective Date. This final accounting shall contain a summary of all the distributions of the Cash Fund. Upon receipt of the final accounting, the Court, if satisfied with such report, shall file a Notice of Acceptance of Final Accounting indicating the Court’s approval. If the Court requires clarification or additional information, the Parties shall furnish such information within 10 business days after such request.
Final Approval Order and Final Judgment. Plaintiffs shall file their Motion for Final Approval of the Settlement, inclusive of the Application for Attorneys’ Fees, Costs and Service Awards, no later than 45 days before the Final Approval Hearing. At the Final Approval Hearing, the Court will hear argument on Plaintiffs’ Motion for Final Approval of the Settlement and Application for Attorneys’ Fees, Costs and Service Awards. In the Court’s discretion, the Court also will hear argument at the Final Approval Hearing from any Settlement Class Members (or their counsel) who object to the Settlement and/or to the Application for Attorneys’ Fees, Costs and Service Awards, provided the objectors submitted timely objections that meet all of the requirements listed in the Agreement.
Final Approval Order and Final Judgment. “Final Approval Order and Final Judgment” means a Judgment of the Court in a form substantially the same as that attached hereto as Exhibit C.
Final Approval Order and Final Judgment a. The Named Plaintiffs and Plaintiffs’ Counsel agree that they will request the Court to enter, after the hearing on final approval of this Agreement, a Final Approval Order and Final Judgment substantially in the form attached as Exhibit C. In accordance with Exhibit C, the Final Approval Order and Final Judgment will: 1) certify the Advanta Settlement Class and find that the Settlement and this Agreement are fair, reasonable, and adequate and in the best interests of the Advanta Settlement Class and Advanta; 2) require the Parties to carry out the provisions of this Agreement; 3) dismiss all petitions, complaints, Claims and motions pending against Advanta in the Litigation on the merits and with prejudice; 4) declare that the Advanta Settlement Class Members and Plaintiffs’ Counsel are bound by the Releases, covenants and deemed withdrawal of the Proofs of Claim, all as set forth in Paragraph 6 of this Agreement and all that members of the Litigation Class are forever barred and enjoined from asserting, filing or prosecuting or causing any affiliate or other party to the Litigation to assert, file or prosecute any proofs of claim against any Released Persons in the Bankruptcy Case or otherwise, all as of the Effective Date; 5) include an express determination that “there is no just reason for delay;” and,
Final Approval Order and Final Judgment. “Final Approval Order” and “Final Judgment” shall mean that Court order that finally certifies the Settlement Class, approves this Settlement Agreement, approves payment of attorneys’ fees and expenses, and makes such other final rulings as are contemplated by this Settlement Agreement. The Final Approval Order will be mutually agreed to by the Parties, and Plaintiffs’ Counsel will submit a draft Order for GEO’s review no later than five days before the Final Approval Motion is due.
Final Approval Order and Final Judgment. At the Final Approval Hearing, Named Plaintiff will request the Court to grant and enter a Final Approval as follows: (a) approving the Settlement, adjudging the terms thereof to be fair, reasonable and adequate, and directing consummation of its terms and provisions; (b) approving the Class Counsel Fees and the Class Counsel Expenses Payment; (c) approving the Named Plaintiff Service Payment; (d) approving the PAGA Penalties settlement and allocation; (e) approving Administration Expenses Payment; and (f) entering Final Judgment. After entry of Judgment, the Court will retain jurisdiction over the Parties, Action, and the Settlement solely for purposes of (i) enforcing this Agreement and/or Judgment, (ii) addressing settlement administration matters, and (iii) addressing such post-Judgment matters as are permitted by law.
Final Approval Order and Final Judgment. If the Settlement is preliminarily approved by the Court, the Parties shall thereafter request that the Court enter an order granting final approval of the Settlement judgment based thereon (“Final Approval Order and Judgment”), which includes the following provisions:
25.1 Confirming certification of the Class for settlement purposes only;
25.2 Finding that the dissemination of the Class Notice in the form and manner ordered by the Court was accomplished as directed, and met the requirements of due process;
25.3 Finally approving the Settlement Agreement and the Settlement as fair, reasonable, and adequate and directing consummation of the Settlement in accordance with its terms and provisions;
25.4 Directing the Parties to implement the terms of the Settlement;
25.5 Releasing and discharging the Released Parties from any and all liability with respect to the Released Claims and PAGA Claims and hereinabove as provided;
25.6 Resolving and settling all Release Claims by Class Representatives and all Settlement Class Members, and all PAGA Claims by Class Representatives, Aggrieved Employees, and the State of California, as hereinabove provided, with the releases precluding them from instituting, commencing, or continuing to prosecute, directly or indirectly, as an individual or collectively, representatively, derivatively, or on behalf of himself or herself, or in any other capacity of any kind whatsoever, any action in this Court, any other court, or any arbitration or mediation proceeding or any other similar proceeding, against any of the Released Parties, that asserts any Released Claims or PAGA Claims as set forth herein.
25.7 Awarding reasonable attorneys’ fees and litigation costs to Class Counsel as determined by the Court;
25.8 Awarding an Enhancement Payment to Class Representative as determined by the
Final Approval Order and Final Judgment a. Plaintiff Xxxxxxx and Plaintiff’s Counsel agree that they will request the Court to enter, after the hearing on final approval of this Agreement, an Order substantially in the form attached as Exhibit C. In accordance with Exhibit C, the Final Approval Order will certify the Settlement Class and find that this Agreement is fair, reasonable, and adequate and in the best interest of the Settlement Class. The Final Approval Order will require the Parties to carry out the provisions of this Agreement.
b. Plaintiff Xxxxxxx and Plaintiff’s Counsel agree that they will request the Court to enter a Final Judgment in the Litigation in a form substantially the same as that attached as Exhibit D after the Final Approval Hearing. In accordance with Exhibit D, the Final Judgment will dismiss all claims and motions of the Settlement Class Members pending against KTCCU in the Litigation on the merits and with prejudice as to the Releasors, declare that the Settlement Class Members are bound by the Releases set forth in Paragraph 6 of this Agreement, and reserve continuing jurisdiction over the enforcement of this Agreement and the administration and distribution of the Settlement Funds.
Final Approval Order and Final Judgment. Plaintiff shall file his Motion for Final Approval of the Settlement, including the Application for Approval of Attorneys’ Fees and Costs and Service Award and proposed Final Approval Order and Final Judgment, no later than 45 days before the Final Approval Hearing, which will be 15 days before the end of the Opt-Out Period. At the Final Approval Hearing, the Court will hear argument on Plaintiff’s Motion for Final Approval of the Settlement and Application for Approval of Attorneys’ Fees and Costs and Service Award. In the Court’s discretion, the Court also will hear argument at the Final Approval Hearing from any Settlement Class Members (or their counsel) who object to the Settlement and/or to the Application for Approval of Attorneys’ Fees and Costs and Service Award, provided the objectors submitted timely objections that meet all of the requirements set forth in the Agreement.
