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. On , this Court entered an order granting preliminary approval (the “Preliminary Approval Order”) (Doc. ) of the Class Action Settlement (“Settlement”) between Plaintiff Xxxxxx Xxxx, Xx., on his own behalf and on behalf of the Settlement Class, and Defendants Wyndham Hotels & Resorts, LLC and Wyndham Hotel Group, LLC (“Wyndham Hotels” or “Defendants”), as memorialized in the Class Action Settlment Agreement, Exhibit _ (Doc. ) (the “Settlement Agreement”).1 On , pursuant to the notice requirements set forth in the Settlement and in the Preliminary Approval Order, the Settlement Class was apprised of the nature and pendency of the Litigation, the terms of the Settlement, and their rights to request exclusion, object, and/or appear at the final approval hearing; On , Plaintiff filed his Motion for Final Approval of the Class Action Settlement (“Final Approval Motion”) and accompanying Memorandum of Law and supporting 1 The capitalized terms used in this Final Approval Order and Judgment shall have the same meaning as defined in the Settlement Agreement except as may otherwise be indicated. exhibits, and Class Counsel filed their Application for Attorneys’ Fees, Expenses and Service Award and accompanying Memorandum of Law and supporting exhibits (“Fee Application”); On , the Court held a final approval hearing to determine, inter alia: (1) whether the Settlement is fair, reasonable, and adequate; and (2) whether judgment should be entered dismissing all claims in the Complaint with prejudice. Prior to the final approval hearing, Class Counsel filed a declaration from the Settlement Administrator confirming that the Notice Program was completed in accordance with the Parties’ instructions and the Preliminary Approval Order. Therefore, the Court is satisfied that Settlement Class Members were properly notified of their right to appear at the final approval hearing in support of or in opposition to the proposed Settlement, the award of attorneys’ fees, costs, and expenses, and the payment of Service Awards. Having given an opportunity to be heard to all requesting persons in accordance with the Preliminary Approval Order, having heard the presentation of Class Counsel and counsel for Defendants, having reviewed all of the submissions presented with respect to the proposed Settlement, having determined that the Settlement is fair, adequate, and reasonable, having considered the application made by Class Counsel for attorneys’ fees, costs, and expenses, and the ap...
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. The Plaintiff’s 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. Plaintiff shall file his motion for Final Approval of the Settlement, and his application for attorneys’ fees, costs and expenses and for a Service Award for the Class Representative, no later than 56 days before the Final Approval Hearing. At the Final Approval Hearing the Court will hear argument on Plaintiff’s motion for final approval of the Settlement, and on Class Counsel’s application for attorneys’ fees, costs, and expenses and for the Service Award for the Class Representative. 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 fee, cost, expense or Service Award application, provided the objectors submitted timely objections that meet all of the requirements listed in paragraphs 75 and 76 hereof.
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. 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.
Final Approval Order and Judgment. The “Final Approval Order and Judgment” are the Court’s order granting final approval of the Settlement providing for entry of the Final Judgment, and releasing the claims as provided for herein, and providing for dismissal with prejudice of the Lawsuit pending before it and the Final Judgment on the same, substantially in the form attached as Exhibit 1 hereto or as modified by the Court.
Final Approval Order and Judgment. At or before the hearing on Final Approval, Plaintiffs, with the support of Defendant, 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 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.
