IT IS HEREBY ORDERED Clause Samples
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IT IS HEREBY ORDERED. 6 1. The Court grants preliminary approval of the Settlement based upon the terms set 7 forth in the Class Action and PAGA Settlement Agreement (“Agreement”) attached as Exhibit #1 8 to the Declaration of ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ in Support of Plaintiffs’ Motion for Preliminary Approval 9 of Class Action Settlement [ROA # ]. This is based on the Court’s determination that the 10 Settlement set forth in the Agreement is within the range of possible final approval, pursuant to the 11 provisions of Section 382 of the California Code of Civil Procedure and California Rules of Court, 12 rule 3.769. This Order incorporates by reference the definitions in the Agreement, and all terms 13 defined therein shall have the same meaning in this Order as set forth in the Agreement. 14 Capitalized terms herein shall have the definitions set forth in the Agreement.
15 2. Defendant has agreed to pay an “all in” amount of Two Million Seven Hundred 16 Thousand Dollars ($2,700,000) (the “Gross Settlement Amount”) to fund the settlement of the 17 Action It appears to the Court on a preliminary basis that the Settlement is fair, adequate and 18 reasonable to the Class. It further appears that investigation and research have been conducted 19 such that counsel for the Parties are able to reasonably evaluate their respective positions. It 20 further appears to the Court that settlement at this time will avoid substantial additional costs by 21 all Parties, as well as avoid the delay and risks that would be presented by the further prosecution 22 of the Action. It further appears that the Settlement has been reached as the result of serious and 23 non-collusive, arms-length negotiations after mediation with a respectable mediator, ▇▇▇. ▇▇▇▇▇
IT IS HEREBY ORDERED. 23 1. The Court hereby GRANTS preliminary approval of the terms contained in the 24 Agreement. The Court preliminarily finds that the terms of the Agreement appear to be presumptively
IT IS HEREBY ORDERED. 11 1. The Court preliminarily approves the Class Action Settlement Agreement 12 (“Settlement”), attached as Exhibit to the Declaration of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ in Support of 13 Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement. This is based on the 14 Court’s determination that the Settlement and the terms contained therein are within the range of 15 possible final approval, pursuant to the provisions of Section 382 of the California Code of Civil 16 Procedure and California Rules of Court, rule 3.769.
17 2. This Order incorporates by reference the definitions in the Settlement, and all terms 18 defined therein shall have the same meaning in this Order as set forth in the Settlement.
19 3. The Gross Settlement Amount that Defendants shall pay is Sixteen Million Dollars 20 ($16,000,000). The Gross Settlement Amount shall be allocated $11.1 million to the ▇▇▇▇▇▇ 21 Subclass (“▇▇▇▇▇▇ Settlement Amount”) and $4.9 million to the ▇▇▇▇▇/▇▇▇▇ Subclass 22 (“▇▇▇▇▇/▇▇▇▇ Settlement Amount”). It appears to the Court on a preliminary basis that the 23 settlement amount and terms are fair, adequate and reasonable as to all potential Class Members 24 when balanced against the probable outcome of further litigation relating to certification, liability 25 and damages issues. It further appears that the allocation of the Gross Settlement Amount 26 between the ▇▇▇▇▇▇ Settlement Amount and the ▇▇▇▇▇/▇▇▇▇ Settlement Amount is fair, adequate 27 and reasonable as to all potential Class Members. It further appears that investigation and research 1 have been conducted such that counsel for the Parties are able to reasonably evaluate their 2 respective positions. It further appears to the Court that settlement at this time will avoid 3 substantial additional costs by all Parties, as well as avoid the delay and risks that would be 4 presented by the further prosecution of the Actions. It further appears that the Settlement has been 5 reached as the result of intensive, serious and non-collusive, arms-length negotiations.
6 4. The Court preliminarily finds that the Settlement appears to be within the range of 7 reasonableness of a settlement that could ultimately be given final approval by this Court. The 8 Court has reviewed the monetary recovery that is being granted as part of the Settlement and 9 preliminarily finds that the monetary settlement awards made available to the Class are fair, 10 adequate, and reasonable when balanced against the probable outcome of fu...
IT IS HEREBY ORDERED. The Court has jurisdiction over the subject matter of this Litigation, all claims raised therein, and all Parties thereto, including the Settlement Class.
IT IS HEREBY ORDERED. This above-captioned matter is hereby dismissed without prejudice.
IT IS HEREBY ORDERED. 8 1. The Court preliminarily approves the Class Action and PAGA Action Settlement 9 Agreement (“Agreement”) submitted as Exhibit #1 to the Declaration of ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ in 10 Support of Plaintiff’s Motion for Preliminary Approval of Class Action Settlement. This 11 preliminary approval is based on the Court’s determination that the Settlement set forth in the 12 Agreement is within the range of possible final approval, pursuant to the provisions of section 382 13 of the California Code of Civil Procedure and California Rules of Court, rule 3.769.
14 2. This Order incorporates by reference the definitions in the Agreement, and all 15 terms defined therein shall have the same meaning in this Order as set forth in the Agreement.
16 3. The Gross Settlement Amount is Five Hundred Sixty Thousand Dollars ($560,000).
IT IS HEREBY ORDERED. The Application is granted in part.
IT IS HEREBY ORDERED. 1 1. The Court has jurisdiction over the subject matter of the Lawsuit and over all
3 2. In compliance with the Class Action Fairness Act of 2005, 28 U.S.C. §§ 1332(d), 4 1453, and 1711-1715, Defendant will cause to be served written notice of the proposed class 5 settlement on the United States Attorney General and the Attorney General of the State of 6 California.
IT IS HEREBY ORDERED. Pursuant to 11 U.S.C. §§105(a), 363 and 365 and Bankruptcy Rules 2002, 6004, 6006 and 9014, the Auction and Bid Procedures and the Break-Up Fee are hereby approved. The proposed form and manner of the Notice of the Sale and the final Sale Hearing are also hereby approved.
IT IS HEREBY ORDERED. 7 1. The Court preliminarily approves the Class Action Settlement Agreement