Motion for Final Approval of Class Settlement. At least twenty-one (21) days prior to the Fairness Hearing, or according to the deadline set by the Court, the Representative Plaintiffs shall file a motion seeking a final approval of the Settlement and the entry of a Final Approval Order that (i) certifies the Settlement Class; (ii) approves the Settlement as fair, adequate, and reasonable under Federal Rule of Civil Procedure 23(e); (iii) approves the plan of distribution of the Net Settlement Amount to Participating Class Members according to the plan described in Section 4 below; (iv) dismisses the Consolidated Action and/or each individual Action, with prejudice; (v) rules that each of the Releasing Parties has released, waived, compromised, settled, and discharged all Released Claims; (vi) enjoins all further litigation by the Representative Plaintiffs and Settlement Class Members with respect to the Released Claims; (vii) awards any service awards for Representative Plaintiffs; and (viii) reserves the Court’s exclusive and continuing jurisdiction over the interpretation, performance, enforcement, and administration of this Agreement and the Court’s orders in the Consolidated Action. Defendants agree not to oppose the motion.
Motion for Final Approval of Class Settlement. Class Counsel filed a motion seeking a Final Approval Order on May 3, 2021 (AFFF MDL Dkt. No. 1556), which Defendants did not oppose, that (i) certifies the Settlement Class; (ii) approves the Settlement as fair, adequate, and reasonable under Federal Rule of Civil Procedure 23(e); (iii) approves the plan of distribution of Settlement proceeds to Class Members described in Section 4 below; (iv) dismisses the Action with prejudice; (v) rules that each of the Releasing Parties has released, waived, compromised, settled, and discharged all Released Claims; (vi) enjoins all further litigation by the Plaintiffs and Participating Class Members with respect to the Released Claims; (vii) awards any attorneys’ fees, costs, and expenses; and (viii) reserves the Court’s exclusive and continuing jurisdiction over the interpretation, performance, enforcement, and administration of this Agreement and the Court’s orders in the Action.
