Motion for Final Approval of Settlement. Pursuant to the schedule set by the Court in its Preliminary Approval Order and at least ten (10) days prior to the Final Approval Hearing, Lead Class Counsel shall file a motion and supporting papers requesting that the Court grant final approval of this Settlement Agreement, to include all enumerated subparagraphs below, and for entry of a Final Approval Order and Final Judgment to be agreed upon the Parties and filed with the Motion for Final Approval.
a. Determining that the Court has personal jurisdiction over all Plaintiffs and Settlement Class Members, that the Court has subject matter jurisdiction over the claims asserted in this Litigation, and that venue is proper;
b. Finally approving the Settlement Agreement and settlement as fair, reasonable, and adequate pursuant to Federal Rule of Civil Procedure 23;
c. Finally approving and certifying the Settlement Class for settlement purposes only;
d. Finding that the Notice Plan, Settlement Notice, and dissemination methodology complied with all laws, including, but not limited to, the Due Process Clause of the United State Constitution, and was fair, adequate, and sufficient, was the best practicable notice under the circumstances, and was reasonably calculated to apprise members of the Settlement Class of the Litigation, the Settlement Agreement, their objection rights, and their exclusion rights;
e. Dismissing the Litigation with prejudice and without costs (except as provided for in this Settlement Agreement as to costs);
f. Expressly including the Release set forth in the Settlement Agreement and making the Release effective as of the Effective Date;
g. Listing all opt-outs;
h. Certifying that the notification requirements of the Class Action Fairness Act, 28 U.S.C. § 1715, have been met;
i. Authorizing the Parties to implement the terms of the Settlement Agreement;
j. Permanently enjoining Plaintiffs and all other Settlement Class Members, and those subject to their control, from commencing, maintaining, or participating in, or permitting another to commence, maintain, or participate in on their behalf, any Released Claims against the Released Parties;
k. Retaining jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, the Final Approval Order, and the Final Judgment, and for any other necessary purpose, subject to the provisions above regarding the Independent Engineering Consultant and the Special Master; and
l. Issuing related Ord...
Motion for Final Approval of Settlement. Plaintiff will file a motion seeking final approval of the Settlement (the “Final Approval Motion”) and for approval of attorneys’ fees and expenses and the Service Award with the Court no later than forty-five (45) days before the Fairness Hearing date set by the Court in the Preliminary Approval Order. The language of the Final Approval Motion shall be subject to the review and input of Defendant, and Plaintiff shall give Defendant at least five (5) business days to review the Final Approval Motion before filing. Defendant may, but shall not be required to, submit papers in connection with the Final Approval Motion.
Motion for Final Approval of Settlement. No later than thirty (30) calendar days before the date for filing Objections set in the Preliminary Approval Order, Class Counsel shall submit to the Court a motion for entry of the Final Approval Order (Exhibit A) in the form approved by Class Counsel and Defendants, which shall request approval by the Court of the terms of this Agreement and entry of the Final Approval Order in accordance with this Agreement.
Motion for Final Approval of Settlement. If the settlement is approved preliminarily by the Court, and all other conditions precedent to the settlement have been satisfied, no later than twenty-one (21) days prior to Final Approval Hearing the Parties shall, individually or collectively, move the Court for entry of an order and judgment finally approving the settlement, as described more fully in Section 12.04, with Class Counsel filing a memorandum of points and authorities in support of the motion. Counsel may file a memorandum addressing any objections submitted to the settlement.
Motion for Final Approval of Settlement. On the date set forth in the Preliminary Approval Order, a final approval hearing will be conducted to determine final approval of the Agreement. Upon final approval of this Agreement by the Court at or after the final approval hearing, Plaintiff will submit a final order and judgment approving the Agreement to the Court. The final order and judgment must both be approved by the City as to form. If the Court approves the Agreement, it will make and enter the final order and judgment (“Final Order and Judgment”). Class Counsel and the City will cooperate and make all reasonable efforts to secure the Court’s entry of the Final Order and Judgment.
Motion for Final Approval of Settlement. The Parties shall timely confirm the date for the Final Approval Hearing or confer about and schedule an alternative date. At least five calendar days prior to the Final Approval Hearing, the Parties shall file with the Court: (a) a joint motion for final approval of settlement; and (b) a copy of the Exclusion Declaration.
Motion for Final Approval of Settlement. Within fifteen (15) days after the expiration of the Opt-Out Deadline and Objection Deadline, the Parties will jointly file a Motion for Final Approval with the proposed Final Approval Order. In connection with that Motion for Final Approval, the Parties shall file a declaration outlining the completion of the Notice plan outlined above. The Parties shall also file with the Court the names of:
(1) Class Members who submitted timely and valid Requests for Exclusion; and
(2) Class Members who submitted valid Objections. The Parties shall also advise the Court of the number of Class Members who did not seek to be excluded or object to the settlement and hence are part of the Settlement Class. Through the motion, the Parties will apply to the Court for a Final Approval Order that accomplishes the following:
a. Excludes those Class Members who submitted timely and valid Requests for Exclusion as provided in Rule 1.220; and
b. Dismisses this Action with prejudice and permanently bars all Settlement Class Members who did not exclude themselves from this Settlement Agreement from bringing and prosecuting any of the Released Claims.
