Common use of Motion for Final Approval and Entry of Final Judgment Clause in Contracts

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. If Not less than thirty- five (35) days prior to the District date set by the Court certifies the Direct Purchaser Class for purposes of settlement and preliminarily approves to consider whether this Settlement Agreementshould be finally approved pursuant to Federal Rule of Civil Procedure 23(e)(2), Plaintiffs Class Counsel shall submit a motion for final approval (“Final Approval”) of the Settlement Agreement by the District Court. Class Counsel shall provide Defendant with a draft proposed motion for Final Approval of the a. fully and finally approving the Settlement contemplated by this Agreement and its terms as being fair, after appropriate reasonable and adequate within the meaning of Federal Rule of Civil Procedure 23 and directing its consummation pursuant to its terms and conditions; b. finding that the notice given to the ClassClass Members constituted the best notice practicable under the circumstances and complies in all respects with the requirements of Federal Rule of Civil Procedure 23 and due process; c. directing that the Action be dismissed with prejudice as to Defendant and, except as provided for herein, without costs; d. discharging and shall seek releasing the Releasees from all Released Claims; e. permanently barring and enjoining the institution and prosecution, by Plaintiffs and Class Members, of any other action against the Releasees in any court asserting any claims related in any way to the Released Claims; x. xxxxxxxxx continuing and exclusive jurisdiction over the Settlement, including all future proceedings concerning the administration, consummation and enforcement of this Agreement; g. determining pursuant to Federal Rule of Civil Procedure 54(b) that there is no just reason for delay and directing 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 Defendant; and h. containing such other and the Class within the meaning of Rule 23 of the Federal Rules of Civil Procedure and direct its consummation pursuant to further provisions consistent with the terms of this Settlement Agreement; b. provide Agreement to which the parties expressly consent in writing. Class Counsel also will request that the Court approve the proposed Distribution Plan and application for payment of reasonable attorneys’ fees and reimbursement of costs expenses and expenses from the Settlement Fund service awards (as defined described 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.C. Releases

Motion for Final Approval and Entry of Final Judgment. If In the District event the Court certifies enters an order preliminarily approving the Direct Purchaser Class for purposes of settlement and preliminarily approves this Settlement AgreementSettlement, the Plaintiffs shall submit draft a motion for final approval final a) finding that notice given constitutes due, adequate, and sufficient notice and meets the requirements of due process and the Federal Rules of Civil Procedure; b) finding 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 be fair, reasonable, and adequate as to Plaintiffs and the Class within the meaning of Rule Fed. R. Civ. P. 23 and directing consummation of the Federal Rules Settlement pursuant to its terms; c) finding that all Class Members shall be bound by the Settlement Agreement and all of Civil Procedure its terms; d) finding that the Releasors shall be bound by the respective releases set forth in Paragraphs 13 and direct its consummation 14 of this Settlement Agreement, and shall be forever barred from asserting any claims or liabilities against Yale University covered by the respective Released Claims against any of the Releasees; e) approving expressly the provisions in Paragraph 7(e) of the Settlement Agreement allowing payment of Settlement Class Counsel fees and expenses before the Effective Date pursuant to the terms of this Settlement Agreementthat paragraph; b. provide for payment of reasonable attorneys’ fees and reimbursement of costs and expenses from f) directing that 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 Action be dismissed with prejudice and, except as provided for in paragraph 11, without costs to Yale University and without attorney’s fees recoverable under 15 U.S.C. § 15(a), except as otherwise provided for hereincosts; e. retain g) determining under Fed. R. Civ. P. 54(b) that there is no just reason for delay and directing that the judgment of dismissal with prejudice as to Yale University be final; h) retaining exclusive jurisdiction over the Settlement and this Settlement AgreementSettlement, including the administration and consummation of this the Settlement; and f. direct i) directing that, for a period of five years, the Clerk of the Court shall maintain the record of the entities that have excluded themselves from the judgment Class and that a certified copy of dismissal of all Class claims against Pfizer such records shall be final and appealableprovided to Yale University.

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 Fed. R. Civ. P. 23 of the Federal Rules of Civil Procedure and direct its consummation pursuant to the terms of this Settlement Agreement; b. find that notice given constitutes due, adequate, and sufficient notice, and meets the requirements of due process and any applicable laws or rules; c. provide for payment of reasonable attorneys’ fees and reimbursement of costs and expenses from the Settlement Fund (as defined below) as described herein; c. d. 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 allocation; e. direct that the Class (the “Plan of Allocation”); d. direct that Plaintiffs’ and Direct Purchaser Class members’ claims against Pfizer Action be dismissed with prejudice and, except as provided for in paragraph 1110, without costs and without attorney’s attorneys’ fees recoverable under 15 U.S.C. § 15(a), except as otherwise provided for herein; e. f. retain exclusive jurisdiction over the Settlement settlement and this Settlement Agreement, including the administration and consummation of this Settlementsettlement; and f. g. direct that the judgment of dismissal of all Class claims against Pfizer Allergan shall be final and appealablefinal.

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 Agreementthe Settlement, Plaintiffs shall submit a motion for final approval of the this Settlement Agreement by the District Court, after appropriate notice to the Direct Purchaser Class, and shall seek entry of a final judgment Final Judgment and order 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”). The Final Judgement and Order shall:): a. find that finding this Settlement Agreement and the its terms of the Settlement are to be a fair, reasonable, and adequate settlement as to Plaintiffs and the members of the Direct Purchaser Class within the meaning of Rule 23 of the Federal Rules of Civil Procedure and direct directing its consummation pursuant to the terms of this Settlement Agreementits terms; b. provide providing for payment of reasonable attorneys’ fees and reimbursement of the costs and expenses from the Settlement Fund (as defined below) as described herein); c. provide providing for payment solely from the Settlement Fund of service incentive awards to each of the named Plaintiffs, 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”)allocation; d. direct x. directing that Plaintiffs’ and the Direct Purchaser Class members’ claims against Pfizer Action be dismissed with prejudice as to the Cephalon Defendants and, except as provided for in paragraph 11herein, without costs and without attorney’s fees recoverable under 15 U.S.C. § 15(a), except as otherwise provided for hereincosts; e. retain reserving exclusive jurisdiction over the Settlement and this Settlement Agreement, including the provisions of paragraph 5, the administration and consummation of this Settlement, the award of attorneys’ fees and reimbursement of costs and expenses, and the payment of incentive awards to each of the named Plaintiffs, if allowed by the Court; and f. direct x. directing that the judgment of dismissal of all Direct Purchaser Class claims against Pfizer the Cephalon Defendants shall be final and appealable.

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 Class shall submit, and Settling Defendants shall assent to and assist as e Settlement Class pursuant to the District Preliminary Approval Order. The Final Approval Motion, which Settling Defendants shall have the opportunity to review and approve before it is submitted to the 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:an order a. find that Finding this Settlement Agreement and the its terms of the Settlement are to be a fair, reasonable, and adequate settlement as to Settling Plaintiffs and the Settlement Class within the meaning of Rule Fed. R. Civ. P. 23 and directing its consummation pursuant to its terms; and b. Finding that Notice given constitutes due, adequate, and sufficient notice and meets the requirements of due process and the Federal Rules of Civil Procedure Procedure; and c. Finding that all members of the Settlement Class who have not executed timely and direct its consummation pursuant to the terms of valid or otherwise Court-approved requests for exclusion shall be bound by this Settlement Agreement;, including the release provisions and covenant not to sue set forth in this Settlement Agreement; and b. provide for payment of reasonable attorneys’ fees d. Incorporating the releases set forth in Paragraphs 12 and reimbursement of costs 13, below, and expenses from forever barring the Settlement Fund Releasors (as defined belowin Paragraph 12) from asserting any Released Claims (as described herein; c. provide for payment from the Settlement Fund of service awards to each defined in Paragraph 12) against any 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 Releasees as defined below; 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 Retaining exclusive jurisdiction over the Settlement and this Settlement Agreement, including the administration and consummation of this Settlement; and f. direct Directing that all claims by and on behalf of the Settling Plaintiffs and the Settlement Class be dismissed with prejudice as to Releasees only and, except as 15 U.S.C. § 15(a); and g. Determining pursuant to Fed. R. Civ. P. 54(b) that there is no just reason for delay and directing that the judgment of dismissal of all Class claims against Pfizer Final Approval Order in the Action as to Releasees shall be final and immediately appealable.

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 this Settlement Agreement by the District Court, after appropriate notice to the Class, and shall seek entry of a an order and final judgment and order (the “Final Judgment and Order”). The Final Judgement and Order shalljudgment: a. find that finding this Settlement Agreement and the its terms of the Settlement are to be a fair, reasonable, and adequate settlement as to Plaintiffs and the End-Payor Class within the meaning of Rule 23 of the Federal Rules of Civil Procedure and direct directing its consummation pursuant to the terms of this Settlement Agreementits terms; b. provide providing for payment of reasonable attorneys’ fees and reimbursement of the costs and expenses described in paragraph 5(c) from the Settlement Fund (as defined below) ), payment of incentive awards to each of the End-Payor Class Plaintiffs, and disbursement of the remainder as described herein; c. provide for payment from directing that the Settlement Fund of service awards to each of End-Payor Class claims in 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 MDL Action be dismissed with prejudice as to Teva and, except as provided for in paragraph 11herein, without costs and without attorney’s fees recoverable under 15 U.S.C. § 15(a), except as otherwise provided for hereincosts; e. retain d. reserving exclusive jurisdiction over the Settlement and this Settlement Agreement, including the administration and consummation of this Settlement; and, the payment and reimbursement of the costs and expenses described in paragraph 5(c), and the payment of incentive awards to each of the End-Payor Class Plaintiffs, and disbursement of the remainder as described herein; f. direct e. directing that the judgment of dismissal of all Class claims against Pfizer shall be final and appealable; and f. entering final judgment in substantially the form of the Final Judgment and Order attached hereto as Exhibit D (the “Final Judgment and Order”).

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 Find this Settlement Agreement and the its terms of the Settlement are to be a fair, reasonable, and adequate settlement as to Settling Plaintiffs and the Settlement Class within the meaning of Rule Fed. R. Civ. P. 23 and directing its consummation pursuant to its terms; b. Find that Notice given constitutes due, adequate, and sufficient notice and meets the requirements of due process and the Federal Rules of Civil Procedure Procedure; c. Find that all members of the Settlement Class who have not executed timely and direct its consummation pursuant valid or otherwise Court-approved requests for exclusion shall be bound by this Settlement Agreement, including the release provisions and covenant not to the terms of sue set forth in this Settlement Agreement; b. provide for payment of reasonable attorneys’ fees d. Incorporate the releases set forth in Paragraphs 13 and reimbursement of costs 14, below, and expenses from forever barring the Settlement Fund Releasors (as defined belowin Paragraph 13) from asserting any Released Claims (as described herein; c. provide for payment from the Settlement Fund of service awards to each defined in Paragraph 13) against any 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 Releasees 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 hereindefined below; e. retain Retain exclusive jurisdiction over the Settlement and this Settlement Agreement, including the administration and consummation of this Settlement; f. Direct that all claims by and on behalf of the Settling Plaintiffs and the Settlement Class be dismissed with prejudice as to Releasees only and, except as provided § 15(a); and f. direct g. Determine pursuant to Fed. R. Civ. P. 54(b) that there is no just reason for delay and directing that the judgment of dismissal of all Class claims against Pfizer Final Approval Order in the Action as to Releasees shall be final and immediately appealable.

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 this Settlement Agreement by the District Court, after appropriate notice to the Class, and shall seek entry of a final judgment Final Judgment and order Order substantially in the form attached hereto as Exhibit C (the “Final Judgment and Order”). The Final Judgement and Order shall:): a. find that finding this Settlement Agreement and the its terms of the Settlement are as being a fair, reasonable, reasonable and adequate settlement as to Plaintiffs and the Class within the meaning of Rule 23 of the Federal Rules of Civil Procedure and direct directing its consummation pursuant to the terms of this Settlement Agreementits terms; b. provide providing for payment of reasonable attorneys’ fees and reimbursement of costs and expenses from the Settlement Fund (as defined below) as described herein; c. provide providing for payment solely from the Settlement Fund of service awards an incentive payment to each of Plaintiffs in the named Plaintiffs, Class Action in addition to whatever monies they will receive from the Settlement Fund pursuant to a District Court-approved plan of allocation to allocation; x. directing that the Class (the “Plan of Allocation”); d. direct that Plaintiffs’ and Direct Purchaser Class members’ claims against Pfizer Action be dismissed with prejudice and, except as provided for in paragraph 11herein, without costs and without attorney’s fees recoverable under 15 U.S.C. § 15(a), except as otherwise provided for hereincosts; e. retain reserving exclusive jurisdiction over the Settlement and this Settlement Agreement, including the administration and consummation of this SettlementSettlement and the award of attorneys’ fees and reimbursement of expenses, and the payment of incentive awards to LWD and Meijer, if allowed by the Court; and f. direct x. directing that the judgment of dismissal of all Class claims against Pfizer shall be final and appealable.