IT IS HEREBY ORDERED. 5 1. The Court preliminarily approves the First Amended Class Action Settlement 6 Agreement (“Agreement” or “Settlement”) attached as Exhibit #1 to the Declaration of Xxxx 7 Nordrehaug in Support of Plaintiff’s Motion for Preliminary Approval of Class Action Settlement. 8 This is based on the Court’s determination that the Settlement set forth in the Agreement is within 9 the range of possible final approval, pursuant to the provisions of Section 382 of the California 10 Code of Civil Procedure and California Rules of Court, rule 3.769.
11 2. This Order incorporates by reference the definitions in the Agreement, and all 12 terms defined therein shall have the same meaning in this Order as set forth in the Agreement.
13 3. It appears to the Court on a preliminary basis that the settlement amount and terms 14 are fair, adequate and reasonable as to all potential Settlement Class Members when balanced 15 against the probable outcome of further litigation and the significant risks relating to certification, 16 liability and damages issues. It further appears that investigation and research have been 17 conducted such that counsel for the Parties are able to reasonably evaluate their respective 18 positions. It further appears to the Court that the Settlement will avoid substantial additional costs 19 by all Parties, as well as avoid the delay and risks that would be presented by the further 20 prosecution of the Action. It further appears that the Settlement has been reached as the result of 21 serious and non-collusive, arms-length negotiations.
22 4. The Court preliminarily finds that the Settlement appears to be within the range of 23 reasonableness of a settlement that could ultimately be given final approval by this Court. The 24 Court has reviewed the monetary recovery that is being granted as part of the Settlement and 25 preliminarily finds that the monetary settlement award made available to the Settlement Class is 26 fair, adequate, and reasonable when balanced against the probable outcome of further litigation 27 and the significant risks relating to certification, liability, and damages issues.
1 5. The Agreement specifies for an attorneys’ fees award not to exceed one-third of the 2 Gross Settlement Amount, an award of litigation expenses incurred, not to exceed $15,000, and a 3 proposed Class Representative Service Payment to the Plaintiff in an amount not to exceed 4 $10,000. The Court will not approve the amount of attorneys' fees and costs, no...
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 Xxxx Xxxxxxxxxx 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, Xxx. Xxxxx
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. The application for an order seeking information is denied. This order does not bar the Defendant from making a further application of this nature.
IT IS HEREBY ORDERED. 7 1. The Court preliminarily approves the Class Action Settlement Agreement
IT IS HEREBY ORDERED. The Court preliminarily approves the Class Action Settlement Agreement (“Agreement” or “Settlement”) attached as Exhibit ___ to the Declaration of Xxxx Xxxxxxxxxx in Support of Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement. This is based on the Court’s determination that the Settlement set forth in the Agreement is within the range of possible final approval, pursuant to the provisions of Section 382 of the California Code of Civil Procedure and California Rules of Court, rule 3.769.
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 Xxxx Xxxxxxxxxx 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. 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. 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. The Antigua Commercial Bank is ordered to provide Counsel for the Claimant within 21 days with copies of all connected documents including policies applications and applications for renewal of insurance coverage provided by ABI Insurance Limited for the Defendant and her business Eden’s Place Apartments.
