Common use of Final Fairness Hearing Clause in Contracts

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. On a date to be set by the Court, Plaintiff will seek entry of from the Final Approval Order Court an order granting final approval of the Settlement and entering Judgment in the Lawsuit, substantially in the form attached hereto as to any and all equitable claims asserted in this action. Exhibit D. The Final Approval Order willwill provide: (a) Provide that this actiona. That the Lawsuit, 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)Class; (b) Find that b. That Plaintiff fairly and adequately represents the interests of the Settlement Class; (c) Find that c. That Class Counsel adequately represents Plaintiff and the Settlement Class; (d) Find d. A discussion of Defendants’ defenses as approved by the Defendants that fairly present the Class risks of the Plaintiff continuing with the Litigation; e. That the Notice satisfies satisfied the requirements of Due Process, the Federal Arkansas Rules of Civil Procedure, Procedure and any other applicable laws; (e) Find that f. That the Settlement is fair, reasonable, reasonable and adequate to the Settlement Class and that each Settlement Class Member shall be bound by the Settlement, including the releases Releases contained in Section 6.1 7.1 above; (f) Find that g. That the Settlement represents a fair resolution of all Released Claims claims asserted on behalf of the Settlement Class and fully and finally resolves and releases all such Released Claimsclaims; (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 h. That this Agreement should be, and is, finally approved; (j) Determine i. For the amount of any attorneys’ fees and costs awarded to Plaintiff’s Counsel and the amount of a service award awarded to Plaintiff for serving as Class Counsel, consistent with Section V, aboveRepresentative to be paid from the Settlement Fund; (k) Overrule any objectionsj. Confirmation of the opt-outs from the Settlement; (l) Dismissk. Appropriate responses to any objections to the Settlement; l. For dismissal, on the merits and with prejudice, of all Released Claims claims in the ActionsLawsuit, and permanently enjoin each and every Settlement Class Member (except those who have validly excluded themselves from the Settlement Class) from bringing, joining, joining or continuing to prosecute against the Released Parties any Released Claims, Claims and enter Judgment thereon; (m) Enjoin the prosecution of any and all Released Claims; and (n) Retain m. For retaining jurisdiction of all matters relating to the modification, interpretation, administration, implementation, effectuation, effectuation and enforcement of this Agreement and the Settlement.

Final Fairness Hearing. On a date to be set by the Court, Plaintiff but no later than ten (10) days before the Final Fairness Hearing, the Class Representative will seek move for 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 actionthe Action. The Final Approval Order willshall provide: (a) Provide that this action, only for purposes of the Settlement, may be maintained as a class action on behalf of That the Settlement Class pursuant to Federal Rule of Civil Procedure 23(b)(2)is certified for settlement purposes only; (b) Find that Plaintiff 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; (cd) Find that That Class Counsel adequately represents Plaintiff Class Representatives 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 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 abovewas negotiated at arm’s length; (f) Find that 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 represents a fair resolution of all Released Claims asserted on behalf Class; (iii) The terms of the Settlement Class and fully and finally resolves and releases all such Released Claims;proposed award of attorneys’ fees including (iv) The proposal treats class members equitably relative to each other. (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 That the Settlement should be, and is, approved; (jh) Determine the The amount of any attorneys’ fees and costs awarded to Class Counsel, consistent with Section V, abovelitigation expenses and any individual settlement and service award that may be paid; (ki) Confirm the opt-outs from the Settlement; (j) Overrule any objections; (lk) Dismiss, on the merits and with prejudice, all Released Claims claims in the ActionsAction, and permanently enjoin each and every Settlement Class Member from bringing, joining, joining or continuing to prosecute against the Released Parties any Released Claims, and enter Judgment thereon;; and, (m) Enjoin the prosecution of any and all Released Claims; and (nl) Retain jurisdiction of all matters relating to the modification, interpretation, administration, implementation, effectuation, 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. On a date to be set by the Court, Plaintiff but in no event earlier than June 22, 2018, in order to comply with 28 U.S.C. § 1715(d), the Class Representatives 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 actionJudgment. The Final Approval Order will: (a) Provide that this actionthe Xxxxx Action and the Xxxxxxxx Action, as defined in the Preliminary Approval Order and conditionally consolidated only for purposes of effectuating the Settlement, may be maintained as a class action only for purposes of the Settlement on behalf of the Settlement Class pursuant to Federal Rule of Civil Procedure 23(b)(2); (b) Find that Plaintiff Class Representatives fairly and adequately represents represent the interests of the Settlement Class; (c) Find that Class Counsel adequately represents Plaintiff the Class Representatives and the Settlement Class; (d) Find that the Class Notice satisfies satisfied the requirements of Due Process, the Federal Rules of Civil Procedure, Procedure and any other applicable laws; (e) Find that the Settlement is fair, reasonable, 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 Sections 4.1(a) and 4.1(b) comply with Section 1681e(b) and Section 1681g(a)(2) in regard to the FCRAreporting of CJ/TL Public Records and the disclosure of the sources of Public Records; (h) Order Experian TransUnion to implement the procedures required in Section 4.1Sections 4.1 and 4.2; (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, aboveCounsel and any service award to the Class Representatives that may be paid; (k) Overrule any objections; (l) Dismiss, on the merits and with prejudice, all Released Claims claims in the Actions, and permanently enjoin each and every Settlement Class Member from bringing, joining, 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, effectuation and enforcement of this Agreement and the Settlement, which includes, without limitation, the Court’s power to enforce Section 6.1 above pursuant to the All Writs Act, 28 U.S.C. § 1651, or any other applicable law.