Final Fairness Hearing. Plaintiff will request (and Defendant will not oppose) that the Court hold the Final Fairness Hearing to consider approval of the Settlement of the Action as provided for herein approximately 150 calendar days after Preliminary Approval but in no event fewer than 90 calendar days after the CAFA Notice is served. At least 45 calendar days before the Final Fairness Hearing, Class Counsel shall file the Motion for Final Approval seeking entry of the Final Approval Order. The Parties agree that the Final Approval Order should be accompanied by entry of a final judgment dismissing the Action with prejudice.
Final Fairness Hearing. “Final Fairness Hearing” means the hearing at which the Court will consider arguments relating to finally deciding whether to approve this Settlement, whether to enter the Final Approval Order, and whether to make such other rulings as are contemplated by this Agreement.
Final Fairness Hearing. On a date to be set by the Court, Plaintiff will seek entry of the Final Approval Order granting final approval of the Settlement and entering Judgment as to any and all equitable claims asserted in this action. The Final Approval Order will:
(a) Provide that this action, only for purposes of the Settlement, may be maintained as a class action on behalf of the Settlement Class pursuant to Federal Rule of Civil Procedure 23(b)(2);
(b) Find that Plaintiff fairly and adequately represents the interests of the Settlement Class;
(c) Find that Class Counsel adequately represents Plaintiff and the Settlement Class;
(d) Find that the Class Notice satisfies the requirements of Due Process, the Federal Rules of Civil Procedure, and any other applicable laws;
(e) Find that the Settlement is fair, reasonable, and adequate to the Settlement Class and that each Settlement Class Member shall be bound by the Settlement, including the releases contained in Section 6.1 above;
(f) Find that the Settlement represents a fair resolution of all Released Claims asserted on behalf of the Settlement Class and fully and finally resolves and releases all such Released Claims;
(g) Find that the procedures required in Section 4.1 comply with the FCRA;
(h) Order Experian to implement the procedures required in Section 4.1;
(i) Order that the Settlement should be, and is, approved;
(j) Determine the amount of any attorneys’ fees and costs awarded to Class Counsel, consistent with Section V, above;
(k) Overrule any objections;
(l) Dismiss, on the merits and with prejudice, all Released Claims in the Actions, and permanently enjoin each and every Settlement Class Member from bringing, joining, or continuing to prosecute against the Released Parties any Released Claims, and enter Judgment thereon;
(m) Enjoin the prosecution of any and all Released Claims; and
(n) Retain jurisdiction of all matters relating to the modification, interpretation, administration, implementation, effectuation, and enforcement of this Agreement and the Settlement.
Final Fairness Hearing. A hearing is scheduled at the United States District Court for the Southern District of Florida, the Honorable District Court Judge Xxxxxx X. Xxxxxx, at a.m./p.m. on , 2022, [not before January 1, 2022 ] (the “Final Fairness Hearing”) to determine, among other issues:
A. Whether the Settlement Agreement should be approved as fair, reasonable, and adequate;
B. Whether the Settlement Notice and notice methodology were performed as directed by this Court;
C. Whether the motion for attorneys’ fees and costs to be filed by Class Counsel should be approved; and
D. Whether an amount of compensation to Plaintiffs should be approved.
Final Fairness Hearing. The Parties will jointly request that the Court hold the Final Fairness Hearing to consider approval of the Settlement of the Litigation as provided for herein no earlier than one-hundred (100) days after the Preliminary Approval Order. On or before a date at least fourteen (14) days prior to the Final Fairness Hearing, Settlement Class Counsel shall file a motion for entry of the Final Approval Order. The Parties agree that the Final Approval Order constitutes a final judgment dismissing the Litigation with prejudice.
Final Fairness Hearing. A hearing on final approval (the “Fairness Hearing”) shall be held before this Court at 1:00 p.m. on , 2018, at the United States District Court for the District of Connecticut, Xxxxx XxXxxxx Federal Building, 000 Xxxxxxxxx Xxxxxxxxx, Xxxxxxxxx Xxx, Xxxxxxxxxx, XX 00000. At the Fairness Hearing, the Court will consider, inter alia: (a) the fairness, reasonableness and adequacy of the Settlement and whether the Settlement should be finally approved; (b) whether the Court should approve the proposed plan of distribution of the Settlement Fund among Class members; (c) whether the Court should approve awards of attorneys’ fees and reimbursement of expenses to Class Counsel; (d) whether incentive awards should be awarded to the Named Plaintiffs; and (e) whether entry of a Final Order and Judgment terminating the litigation between Indirect Purchaser Class Plaintiffs and Defendants should be entered. The Fairness Hearing may be rescheduled or continued; in this event, the Court will furnish all counsel with appropriate notice. Class Counsel shall be responsible for communicating any such notice promptly to the Class by posting a conspicuous notice on the following website of the Claims Administrator:
Final Fairness Hearing. The Final Fairness Hearing shall be held before the Court on October 1, 2021, at 9:00 a.m. At the Final Fairness Hearing, the Court will consider the: (a) fairness, adequacy and reasonableness of the Settlement and the Settlement Agreement and whether the Settlement should be granted final approval by the Court, (b) approval of the proposed distribution of the Settlement Payments to Settlement Class Members, and (c) entry of a Final Approval Order and Judgment including the Releases. Class Counsel’s Motion for Attorneys’ Fees and Expenses and/or any Service Awards shall also be heard at the Final Fairness Hearing. .
Final Fairness Hearing. “Final Fairness Hearing” means the hearing contemplated by the Parties, at which the Court will approve, in final, the Agreement, and make such other final rulings as are contemplated by this Agreement, including the Final Judgment. The date of the Final Fairness Hearing shall be set by the Court and notice of such hearing shall be provided to the Settlement Class Members in the Settlement Notice, although such hearing may be continued by the Court without further notice to Settlement Class Members, other than those who are Objectors. To allow for all the events set forth in this Agreement to occur, the Parties shall request the Court schedule the Final Fairness Hearing no sooner than one hundred (100) days after entering the Preliminary Approval Order.
Final Fairness Hearing. On a date to be set by the Court, but no later than ten (10) days before the Final Fairness Hearing, the Class Representative will move for entry of the Final Approval Order granting final approval of the Settlement and entering Judgment in the Action. The Final Approval Order shall provide:
(a) That the Settlement Class is certified for settlement purposes only;
(b) That the Class Representative is appointed to represent the Settlement
(c) That the Class Representative fairly and adequately represents the interests of the Settlement Class;
(d) That Class Counsel adequately represents Class Representatives and the Settlement Class;
(e) The Settlement was negotiated at arm’s length;
(f) That the relief provided for the class is adequate, taking into account
(i) The costs, risks, and delay of trial and appeal;
(ii) The effectiveness of the method of distributing relief to the Settlement Class;
(iii) The terms of the proposed award of attorneys’ fees including
(iv) The proposal treats class members equitably relative to each other.
(g) That the Settlement should be, and is, approved;
(h) The amount of attorneys’ fees and litigation expenses and any individual settlement and service award that may be paid;
(i) Confirm the opt-outs from the Settlement;
(j) Overrule any objections;
(k) Dismiss, on the merits and with prejudice, all claims in the Action, and permanently enjoin each and every Settlement Class Member from bringing, joining or continuing to prosecute against the Released Parties any Released Claims, and enter Judgment thereon; and,
(l) Retain jurisdiction of all matters relating to the modification, interpretation, administration, implementation, effectuation and enforcement of this Agreement and the Settlement. DocuSign Envelope ID: 53C49a51sAeA-F2F:52D0-4-4c9vC--0861A3C8-E066-A36B80C0D15o4cument 18-2 Filed 06/14/21 Page 15 of 40
Final Fairness Hearing. A Final Fairness Hearing shall be held before this Court 7 on , at , before the Xxxxxxxxx Xxxxx X. Cunningham in Department 11 8 of the Los Angeles Superior Court, Spring Street Courthouse, located at located at 000 Xxxxxx 0 Xxxxxx, Xxx Xxxxxxx XX 00000, to determine whether the Settlement Agreement should be finally 10 approved as fair, reasonable, and adequate.
