Common use of Final Approval Order and Judgment Clause in Contracts

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 application for Service Awards, and having reviewed the materials in support thereof, and good cause appearing in the record and Plaintiff’s Final Approval Motion is GRANTED, and Class Counsel’s Fee Application is GRANTED, and:

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

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Final Approval Order and Judgment. On No later than fourteen (14) days prior to the Final Approval Hearing, this Court entered Plaintiff shall move for entry of an order of final approval, granting preliminary final 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 this Settlement and in the Preliminary Approval Orderholding this Agreement to be final, 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, adequate, and adequate; and (2) whether judgment should be entered dismissing binding on 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 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 appear at any party; b) Dismiss Non-Settling Defendants’ crossclaims for indemnity and contribution against the final approval hearing 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 support of any lawsuit, arbitration or other legal proceeding in opposition any jurisdiction based on or relating to the proposed SettlementReleased Claims; e) Without affecting the finality of the Final Approval Order for the purposes of appeal, retaining the award of attorneys’ feesCourt’s jurisdiction as to all matters relating to administration, costsconsummation, enforcement, and expenses, interpretation of this Agreement and the payment of Service Awards. Having given an opportunity to be heard to all requesting persons in accordance with the Preliminary Final 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 application for Service Awards, and having reviewed the materials in support thereof, and good cause appearing in the record and Plaintiff’s Final Approval Motion is GRANTED, and Class Counsel’s Fee Application is GRANTED, and:any other necessary purpose.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

Final Approval Order and Judgment. On If the Settlement shall be finally approved by the Court following the Fairness Hearing, this the Parties hereto shall jointly request that the Court entered an order granting preliminary approval enter a Final Approval Order and Judgment, which includes the following provisions: (1) confirming certification of the “Preliminary Approval Order”Settlement Class for settlement purposes; (2) (Doc. ) finding that the dissemination of the Class Action Notice, in the form and manner ordered by the Court was accomplished as directed, and met the requirements of due process; (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, including the terms of the Settlement Agreement that pertain to the PAGA Amount and the Released PAGA Claims; The Judgment shall include the following provisions: (“Settlement”1) between directing the Parties to implement the terms of the Settlement Agreement; (2) releasing and discharging the Released Parties from any and all liability Released Claims as hereinabove provided, except for full payment of the Gross Settlement Amount; (3) releasing and discharging the Released Parties from any and all liability with respect to the Released Class Claims and Released PAGA Claims as hereinabove provided, except for full payment of the Gross Settlement Amount; (4) resolving and settling all of Plaintiff Xxxxxx Xxxxs Released Claims as hereinabove provided, Xx.with the release precluding him from instituting, on his own behalf and commencing, directly or indirectly, as an individual or collectively, representatively, derivatively, or on behalf of the Settlement Classthemselves, and Defendants Wyndham Hotels & Resortsor in any other capacity of any kind whatsoever, LLC and Wyndham Hotel Groupany action in this Court, LLC (“Wyndham Hotels” any other state court, or “Defendants”)any arbitration or mediation proceeding or any other similar proceeding, 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, against any Released Party that asserts any claims that are Plaintiff s Released Claims under the terms of the Settlement; (5) resolving and settling all the Released Class Claims by all Settlement Class Members as hereinabove provided, and their rights with the release precluding them from instituting, commencing, or continuing to request exclusionprosecute, objectdirectly or indirectly, and/or appear at 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 state court, or any arbitration or mediation proceeding or any other similar proceeding, against any Released Party that asserts any claims that are Released Class Claims under the final approval hearing; On , Plaintiff filed his Motion for Final Approval terms of the Settlement; and providing that any person who violates the terms of the release by further asserting any of the Released Class Action Settlement Claims against any of the Released Parties Party as a result of the violation if Defendants have provided written notification to that person or their designated representative of the bar against asserting any of the Released Class Claims and the Released Party is the prevailing party in an action brought by the person for the asserted barred Released Class Claims; (“Final Approval Motion”6) resolving and accompanying Memorandum settling all the Released PAGA Claims by the State of Law California and supporting 1 The capitalized terms used all PAGA Members as hereinabove provided, with the release 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 Final Approval Order and Judgment shall have Court, any other state court, or any arbitration or mediation proceeding or any other similar proceeding, against any Released Party that asserts any claims that are Released PAGA Claims under the same meaning as defined in terms of 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 adequateSettlement; and providing that any person who violates the terms of the release by further asserting any of the Released PAGA Claims against any of the Released Parties shall pay Released Party as a result of the violation if Defendants have provided written notification to that person or their designated representative of the bar against asserting any of the Released PAGA Claims and the Released Party is the prevailing party in an action brought by the person for the asserted barred Released PAGA Claims; (27) whether judgment should be entered dismissing all claims in awarding the Complaint with prejudice. Prior Service Awards to the final approval hearingClass Representative, Class Counsel filed a declaration from Fees and Costs Award to Class Counsel, and Settlement Administration Costs to the Settlement Administrator confirming that Administrator, as determined by the Notice Program was completed in accordance with Court; (8) approving the Parties’ instructions PAGA Member Payment 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 Released PAGA Claims; and (9) reserving continuing and exclusive jurisdiction over all matters related to the proposed Settlement, the award of attorneys’ fees, costs, administration 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 consummation of the submissions presented with respect to terms of this Settlement and enforcement of 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 application for Service Awards, and having reviewed the materials in support thereof, and good cause appearing in the record and Plaintiff’s Final Approval Motion is GRANTED, and Class Counsel’s Fee Application is GRANTED, and:Judgment.

Appears in 1 contract

Samples: Class and Representative Action Settlement Agreement

Final Approval Order and Judgment. On , this The Court entered an order granting preliminary approval (shall enter 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 substantially in the form attached as Exhibit 3, which shall among other things: a. Find that (i) the Court has personal jurisdiction over the Settlement Agreement except as may otherwise be indicated. exhibitsClass Members, (ii) the Court has personal jurisdiction over the claims asserted in the Action, and (iii) venue is proper; b. Finally approve the Settlement; c. Finally certify the Settlement Class Counsel filed their Application for Attorneys’ Feessettlement purposes only; d. Find that the form and means of disseminating the Class Notice complied with all laws, Expenses and Service Award and accompanying Memorandum of Law and supporting exhibits (“Fee Application”); On including, but not limited to, the Court held a final approval hearing to determine, inter alia: (1) whether Due Process Clause of the Settlement is fair, reasonableUnited States Constitution, and adequate; find that the Parties and (2) whether judgment should be entered dismissing all claims in the Complaint procedures used complied with prejudice. Prior federal law so as to give full effect 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 ; e. Enter Final Judgment with respect to the proposed SettlementReleased Claims of all Settlement Class Members and dismiss the Released Claims with prejudice; f. Make the Releases in section 10 of this Agreement effective as of the date of the Final Approval Order and Judgment; g. Permanently bar and enjoin the Class Representatives and all Settlement Class Members from filing, having determined that commencing, prosecuting, intervening in, or participating in (as class members or otherwise) any action in any jurisdiction for the Released Claims; h. Permanently bar and enjoin the Class Representatives and all Settlement Class Members from organizing Settlement Class Members, or soliciting the participation of Settlement Class Members, or persons who would otherwise fall within the definition of Settlement Class Members but who have requested to be excluded from the Settlement is fairClass, adequatein a separate class for purposes of pursuing any action (including by seeking to amend a pending complaint or counterclaim to include class allegations, or seeking class certification in a pending action in any jurisdiction based on or relating to any of the Released Claims); i. Find that, by operation of the entry of the Final Approval Order and Judgment, the Class Representatives and all of the Settlement Class Members shall be deemed to have forever released, relinquished, and reasonabledischarged Releasees from any and all Released Claims; j. Authorize the Parties to implement the terms of this Agreement; k. Retain jurisdiction relating to the administration, having considered the application made by Class Counsel for attorneys’ feesconsummation, costsenforcement, and expensesinterpretation of the Agreement, the Final Approval Order and Judgment, and for any other necessary purposed; and l. Issue related orders to effectuate the application for Service Awards, final approval of the Settlement and having reviewed the materials in support thereof, and good cause appearing in the record and Plaintiff’s Final Approval Motion is GRANTED, and Class Counsel’s Fee Application is GRANTED, and:its implementation.

Appears in 1 contract

Samples: Settlement Agreement

Final Approval Order and Judgment. On At or before the hearing for final approval of this Agreement, the Named Plaintiffs and the Bank shall move the Court for a Final Order and Judgment that accomplishes the following: a. Determines whether this Agreement is fair, just, equitable, reasonable, adequate and in the best interest of the Plaintiff Class. b. Requires the Parties to carry out the provisions of this Agreement. c. Causes the Court entered an order granting preliminary approval to enter a judgment in the Litigation which will: (i) dismiss all claims against the “Preliminary Approval Order”Bank in the Litigation with prejudice on behalf of the Named Plaintiffs and members of the Plaintiff Class who have not opted out; (ii) declare that the Named Plaintiffs and members of the Plaintiff Class who have not opted out are bound by the Releases set forth in Section 7 of this Agreement; (Doc. iii) enjoin the Named Plaintiffs and all members of the Plaintiff Class who have not opted out from prosecuting any Settled Claims against the Released Persons; (iv) declare that the Named Plaintiffs and members of the Plaintiff Class (excluding those who have opted out) are bound by the Release set forth in Section 7(d) of this Agreement; (v) enjoin the Named Plaintiffs and members of the Plaintiff Class (excluding those who have opted out) from prosecuting any claims listed in Section 7(d) against the Released Persons described in Section 7(d); (vi) reserve continuing jurisdiction over the construction, interpretation, implementation and enforcement of this Agreement and over the administration and distribution of settlement benefits; (vii) declare that neither the Parties, Released Persons, the Settlement Administrator or their agents, employees, attorneys or any one acting on their behalves, have violated federal or state law, including the DPPA, in any way in obtaining, using or disclosing the data that the DHSMV provided to the Bank between May 1, 2000 and September 30, 2003, or the data obtained from the DHSMV during discovery proceedings in the Litigation to implement the terms of this Agreement; (viii) declare that the parties have complied with the requirements of the Class Action Settlement Fairness Act; and (“Settlement”ix) between Plaintiff Xxxxxx Xxxx, Xx., on his own behalf and on behalf of enjoin the Settlement Class, and Defendants Wyndham Hotels & Resorts, LLC and Wyndham Hotel Group, LLC (“Wyndham Hotels” or “Defendants”), Bank from certain actions 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 application for Service Awards, and having reviewed the materials in support thereof, and good cause appearing in the record and Plaintiff’s Final Approval Motion is GRANTED, and Class Counsel’s Fee Application is GRANTED, and:Section 8 hereof.

Appears in 1 contract

Samples: Settlement Agreement (Fidelity Bankshares Inc)

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Final Approval Order and Judgment. On The Court shall enter the Final Approval Order substantially in the form attached as Exhibit 3, this which shall among other things: a. Find that (i) the Court entered an order granting preliminary approval has personal jurisdiction over the Settlement Class Members, (ii) the “Preliminary Approval Order”Court has personal jurisdiction over the claims asserted in the Action, and (iii) (Doc. ) venue is proper; b. Finally approve the Settlement; c. Finally certify the Settlement Class for settlement purposes only; d. Find that the form and means of disseminating the Class Notice complied with all laws, including, but not limited to, the Due Process Clause of the United States Constitution, and find that the Parties and procedures used complied with federal law so as to give full effect to the Settlement; e. Enter Final Judgment with respect to the Released Claims of all Settlement Class Action Members and dismiss the Released Claims with prejudice; f. Make the Releases in section 10 of this Agreement effective as of the date of the Final Judgment; g. Permanently bar and enjoin the Class Representatives and all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating in (“Settlement”as class members or otherwise) between Plaintiff Xxxxxx Xxxxany action in any jurisdiction for the Released Claims; h. Permanently bar and enjoin the Class Representatives and all Settlement Class Members from organizing Settlement Class Members, Xx.or soliciting the participation of Settlement Class Members, on his own behalf and on behalf or persons who would otherwise fall within the definition of Settlement Class Members but who have requested to be excluded from the Settlement Class, and Defendants Wyndham Hotels & Resortsin a separate class for purposes of pursuing any action (including by seeking to amend a pending complaint or counterclaim to include class allegations, LLC and Wyndham Hotel Groupor seeking class certification in a pending action in any jurisdiction based on or relating to any of the Released Claims); i. Find that, LLC (“Wyndham Hotels” or “Defendants”)by operation of the entry of the Judgment, 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 Representatives and in the Preliminary Approval Order, all of the Settlement Class was apprised of Members shall be deemed to have forever released, relinquished, and discharged Releasees from any and all Released Claims; j. Authorize the nature and pendency of the Litigation, Parties to implement the terms of this Agreement; k. Retain jurisdiction relating to the Settlementadministration, consummation, enforcement, and their rights interpretation of the Agreement, the Final Judgment, and for any other necessary purposed; and l. Issue related orders to request exclusion, object, and/or appear at effectuate 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 application for Service Awards, and having reviewed the materials in support thereof, and good cause appearing in the record and Plaintiff’s Final Approval Motion is GRANTED, and Class Counsel’s Fee Application is GRANTED, and:its implementation.

Appears in 1 contract

Samples: Settlement Agreement

Final Approval Order and Judgment. On [DATE], this Court entered an order granting allowing preliminary approval (the “Preliminary Approval Order”) (Doc. ) of the Class Action Settlement settlement (the “Settlement”) between Plaintiff Plaintiffs Xxxxx Xxxxxx Xxxxand Xxxxxx X’Xxxxx (collectively, Xx.“Plaintiffs” or “Class Representatives”), on his own behalf individually and on behalf of all others similarly situated (the Settlement Class”), and Defendants Wyndham Hotels & ResortsDefendant UMass Memorial Health Care, LLC and Wyndham Hotel Group, LLC Inc. (“Wyndham HotelsUMMHCor and together with Plaintiffs, the DefendantsParties”), as memorialized in the Class Action Settlment Settlement Agreement, Exhibit _ (Docdated October , 2022. ) (the “Settlement Agreement”).1 On [DATE], pursuant to the notice requirements set forth in the Settlement Agreement and in the Preliminary Approval Order, the Settlement Class was apprised notified of the nature and pendency of the Litigation, the terms of the Settlement, proposed Settlement Agreement and their rights the right of Settlement Class Members 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 object to the Settlement Agreement except as may otherwise and to be indicatedheard at a Final Approval Hearing. 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 [DATE], the Court held a final approval hearing Final Approval Hearing to determine, inter alia: (1) whether the terms and conditions of the Settlement is Agreement are fair, reasonable, and adequateadequate for the release of the claims contemplated by the Settlement Agreement; and (2) whether judgment should be entered dismissing all claims in the Complaint this action with prejudice. Prior to the final approval hearingFinal Approving Hearing, Class Counsel filed a an affidavit or declaration from of compliance with the provisions of the Settlement Administrator confirming that the Notice Program Agreement and Preliminary Approval Order relating to notice was completed in accordance filed with the Parties’ instructions and Court as required by 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 Final Approval Hearing in support of or in opposition to the proposed SettlementSettlement Agreement, the award of attorneysAttorneysfeesFees, costsCosts, and expensesExpenses Award to Settlement Class Counsel, and the payment of Service AwardsAwards to the Class Representatives. Having given an opportunity to be heard to all requesting persons in accordance with the Preliminary Approval Order, having heard the presentation of Settlement Class Counsel and counsel for DefendantsUMMHC, having reviewed all of the submissions presented with respect to the proposed SettlementSettlement Agreement, having determined that the Settlement Agreement is fair, adequate, and reasonable, having considered the application made by Class Counsel for attorneys’ fees, costs, fees and expenses, costs and the application for Service AwardsAwards to the Class Representatives, and having reviewed the materials in support thereof, and good cause appearing in the record and Plaintiff’s Final Approval Motion is GRANTED, and Class Counsel’s Fee Application is GRANTED, andappearing:

Appears in 1 contract

Samples: Settlement Agreement

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