Final Approval Order. 74. If the Settlement is approved preliminarily by the Court, and all other conditions precedent to the Settlement have been satisfied, no later than fourteen (14) calendar days prior to Final Approval Hearing, Plaintiffs and Defendant shall jointly seek entry of a Final Approval Order. The dismissal orders, motions or stipulation to implement this Section shall, among other things, seek or provide for a dismissal with prejudice and waiving any rights of appeal. The motion for entry of a Final Approval Order will include a declaration from the Settlement Administrator stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. 75. The Parties shall jointly submit to the Court a proposed order, that, without limitation: a. Approves finally this Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Settlement Class Members within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation according to its terms; b. Dismisses, with prejudice, all Released Claims of the Settlement Class against Defendant in the Litigation, without costs and fees except as explicitly provided for in this Agreement; and, c. Reserves continuing and exclusive jurisdiction over the settlement and this Agreement, including but not limited to the Litigation, the Settlement Class, the Settlement Class Members, Defendant and the settlement for the purposes of administering, consummating, supervising, construing and enforcing the Settlement Agreement and the Settlement Fund. 76. Class Counsel shall use their best efforts to assist Defendant in obtaining dismissal with prejudice of the Litigation and take all steps necessary and appropriate to otherwise effectuate all aspects of this Agreement.
Appears in 3 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Final Approval Order. 7469. If the Settlement is approved preliminarily by the Court, and all other conditions precedent to the Settlement have been satisfied, no later than fourteen (14) calendar days prior to Final Approval Hearing, Plaintiffs and Defendant Uber shall jointly seek entry of a Final Approval Order, the text of which Plaintiffs and Uber shall agree upon. The dismissal orders, motions or stipulation to implement this Section shall, among other things, seek or provide for a dismissal with prejudice and waiving any rights of appeal. The motion for entry of a Final Approval Order will include a declaration from the Settlement Administrator stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order.
7570. The Parties shall jointly submit to the Court a proposed order, substantially in the form attached hereto as Exhibit 7, that, without limitation:
a. Approves finally this Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Settlement Class Members within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation according to its terms;
b. Dismisses, with prejudice, all Released Claims claims of the Settlement Class Classes against Defendant Uber in the Litigation, without costs and fees except as explicitly provided for in this Agreement; and,
c. Reserves continuing and exclusive jurisdiction over the settlement and this Agreement, including but not limited to the Litigation, the Settlement ClassClasses, the Settlement Class Members, Defendant Uber and the settlement for the purposes of administering, consummating, supervising, construing and enforcing the Settlement Agreement and the Settlement Fund.
7671. Class Counsel shall use their best efforts to assist Defendant Uber in obtaining dismissal with prejudice of the Litigation and take all steps necessary and appropriate to otherwise effectuate all aspects of this Agreement.
Appears in 3 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Final Approval Order. 74. If the Settlement is approved preliminarily by the Court, and all other conditions precedent to the Settlement have been satisfied, no later than fourteen (14) calendar days prior to Final Approval Hearing, Plaintiffs and Defendant 12.1 The Parties shall jointly seek entry of a Final Approval Order, the text of which the Parties shall agree upon. The dismissal orders, motions or stipulation to implement this Section shall, among other things, seek or provide for a dismissal with prejudice and waiving waiver of any rights of appeal. The motion for entry of a Final Approval Order will include a declaration from the Settlement Administrator stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order.
75. 12.2 The Parties shall jointly submit to the Court a proposed order, Final Approval Order that, without limitation:
a. (a) Approves finally this Settlement Agreement and its terms as being a fair, reasonablereasonable and adequate as to, and adequate settlement as to in the best interest of, the Settlement Class Members within Members; makes a finding that the meaning of Rule 23 of Settlement Agreement was entered into in good faith, and direct the Federal Rules of Civil Procedure Parties and directing its consummation their counsel to implement and consummate the Settlement according to its termsterms and conditions;
b. (b) Dismisses, with prejudice, all Released Claims claims of the Settlement Class against Defendant in the Litigation, without costs and fees except as explicitly provided for in this Settlement Agreement; and,
c. (c) Reserves continuing and exclusive jurisdiction over the settlement Settlement and this Agreement, including including, but not limited to to, the Litigation, the Settlement Class, the Settlement Class Members, Defendant Defendant, and the settlement Settlement for the purposes of administering, consummating, supervising, construing and enforcing the Settlement Agreement and the Settlement Fund.
76. 12.3 Class Counsel shall use their best efforts to assist Defendant in obtaining dismissal with prejudice of the Litigation and take all steps necessary and appropriate to otherwise effectuate all aspects of this Settlement Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Final Approval Order. 7468. If the Settlement is approved preliminarily by the Court, and all other conditions precedent to the Settlement have been satisfied, no later than fourteen (14) calendar days prior to Final Approval Hearing, Plaintiffs and Defendant The Parties shall jointly seek entry of a Final Approval Order, the text of which the Parties shall agree upon. The dismissal orders, motions or stipulation to implement this Section shall, among other things, seek or provide for a dismissal with prejudice and waiving any rights of appeal. The motion for entry of a Final Approval Order will include a declaration from the Settlement Administrator stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order.
7569. The Parties shall jointly submit to the Court a proposed order, substantially in the form attached hereto as Exhibit E that, without limitation:
a. Approves finally Grants Final approval to this Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Settlement Class Members within the meaning of Rule 23 of the Federal Rules of Civil Procedure 735 ILCS 5/2-801 and directing its consummation according to its terms;
b. Dismisses, with prejudice, all Released Claims claims of the Settlement Class against Defendant Facility Defendants in the Litigation, without costs and fees except as explicitly provided for in this Agreement; and,
c. Reserves continuing and exclusive jurisdiction over the settlement and this Settlement Agreement, including but not limited to the Litigation, the Settlement Class, the Settlement Class Members, Defendant Facility Defendants, and the settlement for the purposes of administering, consummating, supervising, construing and enforcing the Settlement Agreement and the Settlement Fund.
7670. Class Counsel shall use their best efforts to assist Defendant the Facility Defendants in obtaining dismissal with prejudice of the Litigation and take all steps necessary and appropriate to otherwise effectuate all aspects of this Agreement.
Appears in 1 contract
Samples: Settlement Agreement
Final Approval Order. 7463. If the Settlement is approved preliminarily by the Court, and all other conditions precedent to the Settlement have been satisfied, no later than fourteen (14) calendar days prior to Final Approval Hearing, Plaintiffs and Defendant The Parties shall jointly seek entry of a Final Approval Order, the text of which the Parties shall agree upon. The dismissal orders, motions or stipulation to implement this Section shall, among other things, seek or provide for a dismissal of the Underlying Action with prejudice and waiving any rights of appeal. The motion for entry of a Final Approval Order will include a declaration from the Settlement Administrator stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order.
7564. The Parties shall jointly submit to the Court a proposed order, substantially in the form attached hereto as Exhibit C, that, without limitation:
a. Approves finally Finally approves this Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Settlement Class Members within the meaning of Rule 23 of the Federal Rules of Civil Procedure 735 ILCS 5/2-801 and directing its consummation according to its terms;
b. Dismisses, with prejudice, all Released Claims claims of the Settlement Class against Defendant in the LitigationUnderlying Action, without costs and fees except as explicitly provided for in this Agreement; and,
c. Reserves continuing and exclusive jurisdiction over the settlement and this Agreement, including but not limited to the LitigationUnderlying Action, the Settlement Class, the Settlement Class Members, Defendant Defendant, and the settlement for the purposes of administering, consummating, supervising, construing and enforcing the Settlement Agreement and the Settlement Fund.
7665. Class Counsel shall use their best efforts to assist Defendant in obtaining dismissal with prejudice of the Litigation Underlying Action and take all steps necessary and appropriate to otherwise effectuate all aspects of this Agreement.
Appears in 1 contract
Samples: Settlement Agreement
Final Approval Order. 7486. If the Settlement is approved preliminarily by the Court, and all other conditions precedent to the Settlement have been satisfied, no later than fourteen (14) calendar days prior to Final Approval Hearing, Plaintiffs and Defendant The Parties shall jointly seek entry of a Final Approval Order, that is mutually agreeable to the Parties and is as described in Paragraph 87. The dismissal orders, motions or stipulation to implement this Section shall, among other things, seek or provide for a dismissal with prejudice and waiving waiver by Class Members of any rights of appeal. The motion for entry of a Final Approval Order will include a declaration from the Settlement Administrator stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order.
7587. The Parties shall jointly submit to the Court a proposed orderfinal order mutually acceptable to the parties, that, without limitation:
a. Approves finally this Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Settlement Class Members within the meaning of Rule 23 of the Federal Rules of Civil Procedure 735 ILCS 5/2-801 and directing its consummation according to its terms;
b. Dismisses, with prejudice, all Released Claims claims of the Settlement Class against Defendant in the Litigation, without costs and fees except as explicitly provided for in this Agreement; and,;
c. Reserves continuing and exclusive jurisdiction over the settlement Settlement and this Agreement, including but not limited to the Litigation, the Settlement Class, the Settlement Class Members, Defendant Defendant, and the settlement Settlement for the purposes of administering, consummating, supervising, construing and construing, enforcing the Settlement Agreement and the Settlement Fund; and
d. Find that pursuant to 735 ILCS 5/2-1301, there is no just reason for delay of the entry of the final judgment with respect to the foregoing.
7688. Class Counsel shall use their best efforts to assist Defendant in obtaining dismissal with prejudice of the Litigation and take all steps necessary and appropriate to otherwise effectuate all aspects of this Agreement.
Appears in 1 contract
Samples: Settlement Agreement
Final Approval Order. 74. If the Settlement is approved preliminarily by the Court, and all other conditions precedent to the Settlement have been satisfied, no later than fourteen (14) calendar days prior to Final Approval Hearing, Plaintiffs and Defendant 12.1 The Parties shall jointly seek entry of a Final Approval Order, the text of which the Parties shall agree upon. The dismissal orders, motions or stipulation to implement this Section shall, among other things, seek or provide for a dismissal with prejudice and waiving waiver of any rights of appeal. The motion for entry of a Final Approval Order will include a declaration from the Settlement Administrator stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order.
75. 12.2 The Parties shall jointly submit to the Court a proposed order, Final Approval Order that, without limitation:
a. (a) Approves finally this Settlement Agreement and its terms as being a fair, reasonablereasonable and adequate as to, and adequate settlement as to in the best interest of, the Settlement Class Members within Members; makes a finding that the meaning of Rule 23 of Settlement Agreement was entered into in good faith, and direct the Federal Rules of Civil Procedure Parties and directing its consummation their counsel to implement and consummate the Settlement according to its termsterms and conditions;
b. (b) Dismisses, with prejudice, all Released Claims claims of the Settlement Class against Defendant in the Litigation, without costs and fees except as explicitly provided for in this Settlement Agreement; and,
c. (c) Reserves continuing and exclusive jurisdiction over the settlement Settlement and this Agreement, including including, but not limited to to, the LitigationAction, the Settlement Class, the Settlement Class Members, Defendant Defendant, and the settlement Settlement for the purposes of administering, consummating, supervising, construing and enforcing the Settlement Agreement and the Settlement Fund.
76. 12.3 Class Counsel shall use their best efforts to assist Defendant in obtaining dismissal with prejudice of the Litigation and take all steps necessary and appropriate to otherwise effectuate all aspects of this Settlement Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement