Motion for Final Approval and Entry of Final Judgment. If the Court preliminarily approves this Settlement Agreement, Plaintiffs shall submit – and Defendants shall support – a motion for final approval by the Court of this Settlement Agreement (“Final Approval Motion”) after notice has been disseminated to the Class pursuant to the Preliminary Approval Order. The Final Approval Motion shall be submitted to the Court within twenty-one (21) days after the Court-ordered deadline by which members of the Class may exclude themselves from the Class or object to the Settlement, and shall seek entry of an order and final judgment (“Final Approval Order”):
(a) finding this Settlement Agreement and its terms to be a fair, reasonable and adequate settlement as to Plaintiffs and the Direct Purchaser Class within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation pursuant to its terms;
(b) finding that all Class Members shall be bound by this Agreement, including the release provisions and covenant not to xxx set forth in this Agreement;
(c) finding that notice given constitutes due, adequate and sufficient notice and meets the requirements of due process and the Federal Rules of Civil Procedure;
(d) incorporating the release set forth in Paragraphs 11 and 12 of this Agreement, and forever barring the Releasors from asserting any claims or liabilities related to the Action or any Released Claims against any of the Releasees as defined below;
(e) providing for the payment of reasonable attorneys’ fees and reimbursement of expenses from the Settlement Fund as described herein, based upon a motion seeking such fees filed sufficiently in advance of the Court-ordered deadline before which members of the Class may exclude themselves from the Class or object to the Settlement;
(f) providing for service awards from the Settlement Fund in the amount of $50,000 each to Meijer, RDC, and ASC (the “Named Plaintiffs”) in addition to whatever monies each may receive from the Settlement Fund pursuant to a Court-approved Plan of Allocation;
(g) directing that the Direct Purchaser Class Action be dismissed with prejudice as to Defendants and, except as provided for herein, without costs;
(h) determining that under Federal Rule of Civil Procedure 54(b) that there is no just reason for delay and directing that the judgment of dismissal with prejudice as to Defendants shall be final;
(i) retaining exclusive jurisdiction over the Settlement and the Settlement Agreement, including the administration an...
Motion for Final Approval and Entry of Final Judgment. If the District Court certifies the Direct Purchaser Class for purposes of settlement and preliminarily approves this Settlement Agreement, Plaintiffs shall submit a motion for final approval of the Settlement Agreement by the District Court, after appropriate notice to the Class, and shall seek entry of a final judgment and order (the “Final Judgment and Order”). The Final Judgement and Order shall:
a. find that this Settlement Agreement and the terms of the Settlement are fair, reasonable, and adequate as to Plaintiffs and the Class within the meaning of Rule 23 of the Federal Rules of Civil Procedure and direct its consummation pursuant to the terms of this Settlement Agreement;
b. provide for payment of reasonable attorneys’ fees and reimbursement of costs and expenses from the Settlement Fund (as defined below) as described herein;
c. provide for payment from the Settlement Fund of service awards to each of the named Plaintiffs, in addition to whatever monies they will receive from the Settlement Fund pursuant to a District Court-approved plan of allocation to the Class (the “Plan of Allocation”);
d. direct that Plaintiffs’ and Direct Purchaser Class members’ claims against Pfizer be dismissed with prejudice and, except as provided for in paragraph 11, without costs and without attorney’s fees recoverable under 15 U.S.C. § 15(a), except as otherwise provided for herein;
e. retain exclusive jurisdiction over the Settlement and this Settlement Agreement, including the administration and consummation of this Settlement; and
f. direct that the judgment of dismissal of all Class claims against Pfizer shall be final and appealable.
Motion for Final Approval and Entry of Final Judgment. Not less than thirty-five (35) calendar days prior to the date set by the Court to consider whether this Settlement should be finally approved, Plaintiffs shall submit, and Shinyei shall not object to, a Motion for Final Approval of the Settlement by the Court, seeking the following:
a. Fully and finally approving this Settlement Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Class within the meaning of Rule 23(e) of the Federal Rules of Civil Procedure and directing its consummation according to its terms and conditions;
b. Finding that the notice given to the Class constitutes the best notice practicable under the circumstances and complies in all respects with the due, adequate and sufficient notice requirements of Federal Rule of Civil Procedure 23, and meets the requirements of due process;
c. Directing that, as to Shinyei, the Action be dismissed with prejudice and, except as provided for in this Settlement Agreement, without costs;
d. Discharging and releasing the Releasees from the Released Claims;
e. Permanently barring and enjoining the institution and prosecution, by any member of the Class that has not previously opted out, of any other action against the Releasees based on the Released Claims;
f. Reserving continuing and exclusive jurisdiction over the settlement and this Settlement Agreement, including all future proceedings concerning the administration, interpretation, consummation, and enforcement of this settlement, to this United States District Court for the Northern District of California; and
g. Finding under Federal Rule of Civil Procedure 54(b) that there is no just reason for delay and directing that the judgment of dismissal as to Shinyei shall be final and entered forthwith. No later than two (2) business days after the Court fully and finally approves this Settlement Agreement and its terms, Plaintiffs shall seek entry of Final Judgment as to Shinyei.
Motion for Final Approval and Entry of Final Judgment. If the Court 4 preliminarily approves the Settlement, Class Counsel shall submit a motion for final approval 5 pursuant to the schedule provided for in the Preliminary Approval Order. The final approval 6 motion shall seek entry of a final approval order:
Motion for Final Approval and Entry of Final Judgment. If the Court preliminarily approves the Settlement, the Parties shall submit a motion for final approval of the Settlement, including a memorandum in support of the motion, and shall seek entry of an order and final judgment in this Case within at least ten (10) days prior to the Final Approval Hearing.
Motion for Final Approval and Entry of Final Judgment. If the Court grants Preliminary Approval of this Agreement and certifies the Direct Purchaser Settlement Class, Direct Purchaser Class Plaintiffs, through Interim DPP Lead Counsel, shall – in accordance with the schedule set forth in the Court’s Preliminary Approval – submit to the Court a separate motion for Final Approval of this Agreement by the Court, the text of which shall be proposed by Interim DPP Lead Counsel, subject to the agreement of the GEO Settling Parties, which agreement shall not be unreasonably withheld. The motion for Final Approval shall seek entry of an order and Final Judgment:
a. finally approving the Settlement as being a fair, reasonable, and adequate settlement for the Direct Purchaser Settlement Class within the meaning of Federal Rules of Civil Procedure 23, and directing the execution of the Settlement pursuant to the terms and conditions set forth in this Agreement;
b. dismissing the Direct Purchaser Class Action, with prejudice as to the GEO Released Parties;
c. discharging and releasing the GEO Released Parties from all Released Claims;
d. reserving continuing and exclusive jurisdiction over the Settlement for all purposes — including its administration and execution and disputes that may arise concerning the GEO Settling Parties’ cooperation (as set forth in Paragraph 9 of this Agreement); and
e. determining under Fed. R. Civ. P. 54(b) that there is no just reason for delay and directing that the judgment of dismissal as to the GEO Released Parties shall be final and appealable and entered forthwith. The Parties shall take all reasonable steps to obtain Final Approval of the Settlement. Within ten (10) days of Final Judgment, the Direct Action Direct Purchaser Settlement Class Members and the GEO Settling Parties will file a stipulation of dismissal of the Direct Action Direct Purchaser Settlement Class Members’ claims against the GEO Released Parties, with prejudice.
Motion for Final Approval and Entry of Final Judgment. Not less than thirty- 24 five (35) days prior to the date set by the Court to consider whether this Settlement should be 25 finally approved, Class Counsel shall submit a motion for final approval (“Final Approval”) of the
Motion for Final Approval and Entry of Final Judgment. If the Court grants Preliminary Approval and certifies the Settlement Class, then DPPs, through Interim Co-Lead Counsel – in accordance with the schedule set forth in the Court’s Preliminary Approval – shall submit to the Court a separate motion for Final Approval of this Settlement Agreement by the Court. A reasonable time in advance of submission to the Court, the papers in support of the motion for Final Approval shall be provided by Interim Co-Lead Counsel to Smithfield for its review. To the extent that Smithfield objects to any aspect of the motion, it shall communicate such objection to Interim Co-Lead Counsel, and the parties shall meet and confer to resolve any such objection. The motion for Final Approval shall seek entry of an order and Final Judgment:
a. Finally approving the Settlement Agreement as being a fair, reasonable, and adequate settlement for the Settlement Class within the meaning of Rule 23 of the Federal Rules of Civil Procedure, and directing the implementation, performance, and consummation of the Settlement Agreement;
b. Determining that the Class Notice constituted the best notice practicable under the circumstances of this Settlement Agreement and the Fairness Hearing, and constituted due and sufficient notice for all other purposes to all Persons entitled to receive notice;
c. Dismissing the Actions with prejudice as to Smithfield in all class action complaints asserted by DPPs or the Settlement Class;
Motion for Final Approval and Entry of Final Judgment. If the Court preliminarily approves the Settlement, Plaintiff shall submit a motion for final approval of this Settlement by the Court, after appropriate notice to the Direct Purchaser Class, and shall seek entry of a Final Judgment and Order substantially in the form attached hereto as Exhibit C, with any additional findings of fact and conclusions of law (the “Final Judgment and Order”), among other things:
a. finding this Settlement Agreement and its terms to be a fair, reasonable, and adequate settlement as to Plaintiff and the members of the Direct Purchaser Class within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation pursuant to its terms;
b. directing that the Action be dismissed with prejudice as to Defendants and, except as expressly provided for herein, without attorney’s fees recoverable under 15 U.S.C. §15(a) or costs;
c. reserving exclusive jurisdiction over the Settlement and this Settlement Agreement, including the provisions of paragraph 7, the administration and consummation of this Settlement, the award of attorneys’ fees and reimbursement of costs and expenses, and the payment of any incentive award to the Named Plaintiff, if allowed by the Court; and
d. directing that the judgment of dismissal of all Direct Purchaser Class claims against Defendants shall be final and appealable pursuant to Fed.
Motion for Final Approval and Entry of Final Judgment. Not less than thirty-five (35) calendar days prior to the date set by the Court to consider whether this Settlement should be finally approved, Plaintiffs shall submit a Motion for Final Approval of the Settlement by the Court, seeking an order, inter alia:
i. Fully and finally approving this Settlement Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Settlement Class within the meaning of Rule 23(e) of the Federal Rules of Civil Procedure and directing its consummation according to its terms and conditions;
ii. Finding that the notice given to the Settlement Class constitutes the best notice practicable under the circumstances and complies in all respects with the due, adequate, and sufficient notice requirements of Federal Rule of Civil Procedure 23, and meets the requirements of due process;
iii. Finding that the notification requirements of the Class Action Fairness Act, 28 U.S.C. § 1715, have been met;
iv. Directing that, as to Groupon, the Action be dismissed with prejudice and, except as provided for in this Settlement Agreement, without costs;
v. Discharging and releasing the Releasees from the Released Claims;
vi. Permanently barring and enjoining the institution and prosecution by any Settlement Class Member of any other action against the Releasees based on the Released Claims; and
vii. Finding under Federal Rule of Civil Procedure 54(b) that there is no just reason for delay and directing that the judgment of dismissal as to Groupon shall be final and entered forthwith. No later than two (2) business days after the Final Approval Date, Plaintiffs shall seek entry of Final Judgment as to Groupon.
