Joint Motion. Concurrent with the filing of the Amended Complaint, the Parties shall file a joint motion for Preliminary Approval of this Agreement by the Court and attach a copy of this Agreement and such other documents which the Parties determine are necessary for the Court’s consideration.
Joint Motion. The signatories shall jointly file this Stipulation and Agreement in the ratemaking principles proceeding for the Expansion Project to be commenced by MidAmerican pursuant to Section 476.53. The signatories shall also file with the Board a joint motion requesting that the Board accept this Stipulation and Agreement without condition or modification.
Joint Motion. The Parties hereby jointly move the Board to modify the existing procedural schedule to eliminate the filing of the remaining items listed in the procedural schedule. Further, the Parties hereby request the Board issue an order approving this Settlement Agreement in its entirety without condition or modification and canceling the hearing scheduled to begin December 14, 2021.
Joint Motion. After the execution of this Settlement Agreement, the Parties agree to file a joint motion (the “Joint Motion”) seeking the Bankruptcy Court’s approval of the Settlement Agreement under procedures considered herein and under Rules 9019 and 7023 of the Federal Rules of Bankruptcy Procedure.
Joint Motion. On January 22, 2014, IATA, along with Open Allies for Airfare Transparency representing various sellers of air transportation and distributors of air transportation, including GDSs and agents, who had previously opposed Resolution 787, filed a joint motion urging the Department to approve the resolution subject to several agreed conditions.13 As discussed below, this joint statement proposes limiting conditions, agreed to by the parties, addressing the main areas of concern raised by opponents, including the scope of the resolution, the use of personal information, the use of other data transmission standards, data ownership, and backwards compatibility. IATA and Open Allies have also agreed to work together and with other stakeholders to establish an industry forum to support a collaborative approach to distribution standards. Xxxxxx Xxxxxxxxx, in a response to the Joint Motion, asserts that DOT should reject IATA's proposal for approval of Resolution 787 because it is inconsistent with continuing tariff requirements. Xx. Xxxxxxxxx states that IATA, in its response to his initial comments, erred in claiming that, due to the conclusion of liberal air services agreements and DOT exemptions from tariff-filing requirements, airlines are no longer required to sell transportation to all would-be customers on the basis of an impersonal, publicly disclosed tariff. Xx. Xxxxxxxxx states that exemptions from tariff filing requirements do not relieve carriers from other statutory and regulatory duties to have tariffs, to make them public, and to sell tickets only in accordance with those publicly disclosed tariffs. Xx. Xxxxxxxxx further articulates that if the Department 13 DOT-OST-2013-0048-0412. nevertheless approves Resolution 787, it should strengthen the condition on privacy to effectively prohibit personalized pricing by barring any airline from requiring disclosure of any personal information or linking any fare quote to submission of personal information.
Joint Motion. The Parties request the Board to either enter an order approving this Settlement Agreement without condition or modification in its entirety or promptly schedule a hearing should the Board determine it needs to further develop the record before ruling on the Settlement Agreement.
Joint Motion. The Parties shall jointly file with the Board this Agreement in the above-captioned docket addressing Liberty’s 2016-2019 EEP. The Parties shall also file with the Board a joint motion requesting that the Board accept this Agreement without condition or modification.
Joint Motion. “Joint Motion” means the Amended Joint Motion for Leave To File A Fourth Amended Complaint and for Preliminary Approval of the Enhanced Class Settlement filed by the Parties in the Xxxxx Action.
Joint Motion. The Parties shall submit this Settlement Agreement to the Court in support of the Parties’ Joint Motion. Promptly upon execution of this Settlement Agreement, the Parties shall apply to the Court for the entry of a Preliminary Approval Order substantially in the following form:
(a) Approving the filing of the Fourth Amended Complaint for settlement purposes only;
(b) Preliminarily certifying the National Class and Subclass for settlement purposes only;
(c) Preliminarily approving the Enhanced Class Settlement as fair, reasonable, and adequate;
(d) Preliminarily approving the appointment of Xxxx Xxxxxxxxx, Esq., of the law firm of Xxxxxx Xxxxxx & Xxxxxxxxxxxx, P.A.; Xxxxx Xxxxx, Esq., of the law firm Xxxxx & Xxxxxx, LLP; and Xxxxxx Xxxxxx, Esq., of the law firm Xxxxxx, Xxxxxxxxx, Xxxxxx & Xxxxx as Class Counsel for settlement purposes only;
(e) Preliminarily approving Named Plaintiffs as Class Representatives for settlement purposes only;
(f) Approving as to form and content the proposed Postcard Notice and Summary Notice, substantially in the forms attached hereto as Exhibits “B” and “C”;
(g) Approving as to form and content the proposed Proof of Claim Form, substantially in the form attached hereto as Exhibit “D”;
(h) Approving the manner of providing Notice to the Class as described in Section IV of this Settlement Agreement and finding that this manner of notice constitutes the best notice practicable under the circumstances, and constitutes valid, due, and sufficient notice to all Class Members in accordance with the laws and Constitution of the U.S.;
(i) Approving Rust Consulting, Inc. as the Claims Administrator;
(j) Scheduling the Fairness Hearing to be held by the Court to determine:
(i) whether the proposed Settlement should be finally approved as fair, reasonable, and adequate;
(ii) whether the Final Judgment and Order approving the Settlement and dismissing the Action on the me rits and with prejudice should be entered; (iii) whether Class Counsel’s application for an award of attorneys’ fees and costs should be approved; and (iv) whether the incentive awards to Plaintiffs as class representatives should be approved;
(k) Providing that the Fairness Hearing may be continued and adjourned by the Court without further notice to the Class;
(l) Ordering that Notice to the Class, in the manner described herein, be disseminated by Defendants, at their expense;
(m) Approving the procedure for Class Members to file Requests for Exclusion from the Class, ...
Joint Motion. The Parties hereby jointly move the Commission, pursuant to K.A.R. 82-1-230a, to issue an order finding that this Agreement is reasonable in light of the record as a whole, consistent with law, and in the public interest, and accordingly approving the Agreement.
