Final Approval Order and Judgment. 66. Plaintiffs’ motion for preliminary approval of the Settlement will include a request to the Court for a scheduled date on which the Final Approval Hearing will occur. The Final Approval Hearing shall be scheduled no earlier than 90 days after the CAFA notices are mailed to ensure compliance with 28 U.S.C § 1715. By no later than 21 days prior to the Objection Deadline, Plaintiffs shall file a motion for final approval of the Settlement and an application for attorneys’ fees, costs, and expenses and for Service Awards. By no later than 14 days prior to the Final Approval Hearing, the Parties shall file any responses to any objections, and any replies in support of final approval of the Settlement and/or Class Counsel’s application for attorneys’ fees, costs, and expenses and for Service Awards. At the Final Approval Hearing, the Court will consider Plaintiffs’ motion for final approval of the Settlement, and Class Counsel’s application for attorneys’ fees, costs, and expenses and for 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 or to the fees, costs, expenses, or Service Award application, provided the objectors filed timely objections that meet all of the requirements listed in Paragraphs 56 and 57.
67. At or following the Final Approval Hearing, the Court will determine whether to enter the Final Approval Order granting final approval of the Settlement, and whether to approve Class Counsel’s request for attorneys’ fees, costs, expenses, and the Service Awards. The proposed Final Approval Order that will be filed with the motion for final approval shall be in a form agreed upon by Class Counsel and SPE. 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 provided satisfied Due Process requirements;
d. Dismiss the Action with prejudice;
e. Bar and enjoin the Releasing Parties from asserting any of the Released Claims, as set forth in Section XI, including during the pendency of any appeal from the Final Approval Order;
f. Release SPE and the Released Parties from the Released Claims, as set forth in Section XI; and
g. Reserve the Court’s continuing and exclusive jurisdiction over SPE and all Settlement Class Members (including all objecto...
Final Approval Order and Judgment. No later than thirty (30) days prior to the hearing on Final Approval, or otherwise in accordance with the Court’s schedule for the Final Approval Hearing, Plaintiffs shall move for entry of an order of Final Approval, granting Final Approval of this Settlement and holding this Agreement to be final, fair, reasonable, adequate, and binding on all Settlement Class Members who have not excluded themselves as provided below, and ordering that the settlement relief be provided as set forth in this Agreement, ordering the releases as set forth in Part VII, below, and entering judgment in this case. Defendants shall have no obligation to make separate filings in support of the motion. If the Court holds a Final Approval hearing, Defendants shall appear at the hearing to confirm their agreement with the terms of the Settlement as provided herein.
Final Approval Order and Judgment. This matter having come before the Court on Plaintiff’s motion for final approval (the “Motion for Final Approval”) of a proposed class action settlement (the “Settlement”) of the above-captioned action (the “Action”) between Plaintiff Xxxxx Xxxxx (“Plaintiff”), individually and on behalf of the class of persons she represents (the “Settlement Class” defined below), Quality Resources, Inc. and Xxxxxx Xxxxxxxx (“Defendants”) (the Plaintiff and the Defendants are collectively referred to as the “Parties”), pursuant to the parties’ Class Action Settlement Agreement (the “Agreement” or the “Settlement Agreement”), and having duly considered all papers filed and arguments presented, the Court hereby finds and orders as follows:
1. Unless defined herein, all defined terms in this Final Approval Order and Judgment shall have the respective meanings set forth in the Agreement.
2. This Court has jurisdiction over the subject matter of the Action and over all parties to the Action, including all Settlement Class Members.
3. The Court preliminarily approved the Settlement Agreement and entered the Preliminary Approval Order dated , 2018, and notice was given to all members of the Settlement Class under the terms of the Preliminary Approval Order.
4. 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 Sempris, and supporting declarations. 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 , 2018, 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 _ , 2018, and that ninety (90) days has passed without comment or objection from any governmental entity.
5. Based on the papers filed with the Court and the presentations made to the Court at the hearing, the Court now gives 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...
Final Approval Order and Judgment. At the hearing on Final Approval, the
Final Approval Order and Judgment. (a) After the Settlement Agreement is approved preliminarily by the Court, Plaintiffs shall move for Final Approval of the Settlement no later than twenty-one (21) days prior to the Final Approval Hearing. Plaintiffs’ motion shall attach a proposed Final Approval Order and Judgment.
(b) The proposed Final Approval Order and Judgment shall:
a. approve this Settlement Agreement without modification (except insofar as the Parties have agreed to such modification) as fair, reasonable and adequate to the Settlement Class and direct its consummation according to its terms;
b. find that the form and manner of notice implemented pursuant to this Settlement Agreement constitutes the best notice practicable under the circumstances; constitutes notice that is reasonably calculated, under the circumstances, to apprise the members of the Settlement Class of the pendency of Plaintiffs’ claims, the terms of the proposed Settlement, the right to object to or exclude themselves from the proposed Settlement, and the right to appear at the Final Approval Hearing; constitutes due, adequate, and sufficient notice to all persons entitled to receive notice; and meets the requirements of due process, and the applicable rules of civil procedure;
c. find that all members of the Settlement Class (except those who have properly excluded themselves) shall be bound by this Settlement Agreement, including the release provisions and covenant not to xxx;
d. direct that upon the Effective Date, judgment be entered immediately dismissing the Action with prejudice;
e. incorporate the release and covenant not to xxx set forth in the Settlement Agreement, and forever bar any claims or liabilities related to any Released Claims;
f. approve payment of the Service Awards and Attorneys’ Fees and Costs; and
g. retain jurisdiction solely of matters relating to the interpretation, administration, implementation, and enforcement of this Settlement Agreement.
Final Approval Order and Judgment. No later than fourteen (14) days prior to the Final Approval Hearing, Plaintiff shall move for entry of an order of final approval, granting final approval of this Settlement and holding this Agreement to be final, fair, reasonable, adequate, and binding on all Settlement Class Members who have not excluded themselves as provided herein, and ordering that the settlement relief be provided as set forth in this Agreement, approving and ordering the releases as set forth in Section 57, and entering final judgment dismissing with prejudice all claims Class Members asserted in, or that they could have asserted in, this Litigation. The Final Approval Order shall, among other things, also:
a) Dismiss Plaintiff’s and the Settlement Class claims (including all individual claims and Settlement Class claims presented thereby) against the Settling Defendants on the merits and with prejudice, without fees or costs to any party;
b) Dismiss Non-Settling Defendants’ crossclaims for indemnity and contribution against the Settling Defendants with prejudice pursuant to New York General Obligations Law §15-108;
c) Preserve the Remaining Claims against the Non-Settling Defendants;
d) Bar and permanently enjoin all potential Settlement Class Members from
(i) filing, commencing, prosecuting, intervening in, or participating (as Settlement Class Members or otherwise) in any lawsuit, arbitration or other legal proceeding in any jurisdiction based on or relating to the Released Claims;
e) Without affecting the finality of the Final Approval Order for the purposes of appeal, retaining the Court’s jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of this Agreement and the Final Approval Order, and for any other necessary purpose.
Final Approval Order and Judgment. Plaintiffs’ motion for Preliminary Approval of the Settlement will include a request to the Court for a scheduled date on which the Final Approval Hearing will occur. Plaintiffs shall file their motion for Final Approval of the Settlement no later than 15 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 on Class Counsel’s application for attorneys’ fees and costs and for the Service Award for each of the Class Representatives. 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 or to Class Counsel’s application for attorneys’ fees and costs or the Service Award application, provided the objectors submitted timely objections that meet all of the requirements listed in the Agreement.
Final Approval Order and Judgment. At the hearing on Final Approval, the Parties shall jointly move for entry of the Final Order, substantially in the form of Exhibit 4, granting final approval of this Agreement to be final, fair, reasonable, adequate, and binding on all Class Members; overruling any objections to the Agreement; ordering that the terms be effectuated as set forth in this Agreement; and giving effect to the releases as set forth in Section IX.
Final Approval Order and Judgment. “Final Approval Order and Judgment” means an order granting final approval of this Settlement Agreement and entering judgment of dismissal, substantially in the form of Exhibit 4 hereto.
Final Approval Order and Judgment. The Parties shall provide the Settlement Administrator with a copy of the Final Approval Order and Judgment once it is entered by the Court, and the Settlement Administrator shall post the Final Approval Order and Judgment on its website for sixty (60) calendar days. No individualized notice of the Final Approval Order and Judgment, to the 18 Class, will be required.
