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 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 grants Preliminary Approval and certifies the Settlement Class, then DPPsEUCPs, 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 Pilgrim’s for its review. To the extent that Smithfield Xxxxxxx’s objects to any aspect of the motion, it shall communicate such objection to Interim Co-Lead Counsel, Counsel and the parties shall meet and confer to resolve about 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 ProcedureProcedure 23, 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 Action with prejudice as to Smithfield Pilgrim’s in all class action complaints asserted by DPPs or EUCPs; d. Discharging and releasing Xxxxxxx’s Released Parties from all Released Claims; e. Reserving continuing and exclusive jurisdiction over the Settlement Class;Agreement for all purposes; and f. 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 Xxxxxxx’s shall be final and appealable and entered forthwith. The Parties shall take all reasonable steps to obtain Final Approval of the Settlement Agreement.