MOTION FOR PRELIMINARY APPROVAL. The Parties agree to jointly prepare and file a motion for preliminary approval (“Motion for Preliminary Approval”) that complies with the Court’s current checklist for Preliminary Approvals.
MOTION FOR PRELIMINARY APPROVAL. Promptly following the execution of this Settlement Agreement by all parties hereto, Plaintiff shall file with the Court a motion for preliminary approval of the Settlement. The motion for preliminary approval shall request the entry of a preliminary approval order substantially in the form of Exhibit A hereto (the “Preliminary Approval Order”), including: (i) the preliminary approval of the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate, and in the best interests of the Direct Purchaser Class; (ii) approval of the notice and proposed notice plan; (iii) a schedule for a hearing by the Court after the notice period has expired to approve the Settlement and to consider Plaintiffs’ counsel’s applications for attorneys’ fees, reimbursement of costs and expenses, and any incentive award for the Named Plaintiff; (iv) a stay of all proceedings in the Action until such time as the Court renders a final decision regarding the approval of the Settlement, as described below in paragraph 19; and (v) approval of an escrow agreement regarding the Settlement consideration described below in paragraph 10. After the Court preliminarily approves the Settlement, Plaintiff shall, in accordance with the Preliminary Approval Order, provide Direct Purchaser Class members with notice of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure substantially in the form attached hereto as Exhibit B. Plaintiffs’ counsel will recommend notice to the Direct Purchaser Class by means of direct first class mail.
MOTION FOR PRELIMINARY APPROVAL. Plaintiff will prepare and file a motion for preliminary approval (“Motion for Preliminary Approval”).
MOTION FOR PRELIMINARY APPROVAL. Plaintiff will obtain a hearing to request 26 preliminary approval of this Agreement, to obtain entry of an order that would (i) conditionally certify a 27 class for settlement purposes only, (ii) grant preliminary approval of this Agreement, (iii) approve a 28 Notice of Settlement, (iv) enjoin Class Members from initiating or prosecuting any claim to be released 1 under the Settlement Agreement, unless they first submit a Request for Exclusion, and (v) set a date for
MOTION FOR PRELIMINARY APPROVAL. Class Counsel agrees to prepare and file a motion for preliminary approval (“Motion for Preliminary Approval”).
MOTION FOR PRELIMINARY APPROVAL. The Parties agree to jointly prepare and
MOTION FOR PRELIMINARY APPROVAL. Plaintiff will prepare and file a motion for preliminary approval (“Motion for Preliminary Approval”) that complies with the Court’s current checklist for Preliminary Approvals.
MOTION FOR PRELIMINARY APPROVAL. Concurrent with submission of this Agreement for the Court’s consideration, Class Counsel shall submit to the Court a motion for preliminary approval of this Agreement. The motion shall seek entry of a Preliminary Approval Order substantially in the form attached hereto as Exhibit 1.
MOTION FOR PRELIMINARY APPROVAL. Following the execution of this Agreement, Settlement Class Counsel shall promptly file the Motion for Preliminary Approval, seeking entry of the Preliminary Approval Order.
MOTION FOR PRELIMINARY APPROVAL. Named Plaintiffs shall file the Motion for Preliminary Approval of the Settlement and proposed Order Granting Preliminary Approval of the Settlement with the supporting papers, a draft of which will be timely provided to Lyft’s counsel for approval prior to filing with the Court. The Parties shall jointly agree upon the timing for that filing, the Motion to be filed with the Court, the Settlement Administrator, and the timing for any preliminary or final approval hearings requested in the Motion. Named Plaintiffs shall seek the Court’s permission to enter the Second Amended Complaint for Settlement, without material variation from Exhibit C, and Lyft shall consent to such amendment pursuant to California Rule of Civil Procedure 472(a). The Second Amended Complaint for Settlement shall be submitted concurrently with the submission of the motion for preliminary approval of the Settlement so that such complaint may be entered promptly upon approval of the Court. Obtaining the Court’s approval to file the Second Amended Complaint for Settlement, and the subsequent prompt entry of the Second Amended Complaint for Settlement, are material conditions of this Settlement Agreement. The Parties agree that the filing of the Second Amended Complaint for Settlement will streamline the settlement process and ensure that more money can be paid to Settlement Class Members by saving the costs of multiple notice and approval processes. The Parties further agree and stipulate that, if for any reason the Settlement does not become Final or the Effective Date does not occur, the Second Amended Complaint for Settlement shall be stricken from the record and the operative complaint shall revert to the filed complaint that preceded the Second Amended Complaint for Settlement. The Parties agree that the Court may enter the Order Granting Preliminary Approval, without material variation from Exhibit B except as otherwise permitted by this Agreement, preliminarily approving the Settlement and this Agreement. Among other things, the Order Granting Preliminary Approval shall preliminarily certify the Settlement Class for settlement purposes only; approve Xxxx Xxxxxxxx, Xxxxxx Xxxxxx, and Xxxxxxx XxXxxxxx as class representatives; appoint Class Counsel to represent the Settlement Class; appoint the Settlement Administrator; approve the Notice(s) of Class Settlement; approve the requirements for objecting to the Settlement and excluding individuals from the Settlement Class, as provided ...
