Motion for Preliminary Approval and Conditional Certification a. Plaintiffs will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearing, and approving the Notice Packet.
b. At the Preliminary Approval hearing, Plaintiffs will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class Representatives, Class Counsel, and Settlement Administrator; approving the Notice Packet; and setting the Final Approval hearing.
c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudice, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall not operate to terminate or cancel this Settlement Agreement.
Motion for Preliminary Approval and Conditional Certification i. Plaintiff will move for an order: (1) conditionally certifying the Class for settlement purposes only; (2) granting Preliminary Approval of the Settlement; (3) setting a date for the Final Approval hearing; and (4) approving the Class Notice.
ii. At the same time that Plaintiff files his Motion for Preliminary Approval, Plaintiff shall send a copy of the Agreement to the LWDA pursuant to the 2016 amendments to PAGA.
iii. At the Preliminary Approval hearing, Plaintiff will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class Representative, Class Counsel, and Settlement Administrator; approving the Class Notice; and setting the Final Approval hearing.
Motion for Preliminary Approval and Conditional Certification a. Plaintiff will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearing, and approving the Class Notice.
b. At the Preliminary Approval hearing, the Plaintiff will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class Representative, Class Counsel, and Settlement Administrator; approving the Class Notice; and setting the Final Approval hearing.
c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the amounts
Motion for Preliminary Approval and Conditional Certification. (i) Plaintiffs will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, and approving the Class Notice.
(ii) At the Preliminary Approval hearing, the Class Counsel will appear, support the granting of the motion, and submit a proposed order that grants conditional certification of the Class and Preliminary Approval of the Settlement; appoints the Class Representative, Class Counsel, and Settlement Administrator; approves the Class Notice; and sets the Final Approval Hearing.
(iii) Should the Court decline to Preliminarily Approve all material aspects of the Settlement, the Settlement will be null and void, and the Parties will have no further obligations under it. The Parties agree that, if the Court declines to preliminarily approve non-material aspects of the Settlement, the Parties will work cooperatively to make such changes required by the Court. In the event that the Settlement Agreement is null and void, the Parties will each be responsible to pay to the Settlement Administrator one-third of the Administration Costs actually incurred not to exceed a total of Fifteen Thousand Dollars ($15,000.00).
Motion for Preliminary Approval and Conditional Certification. As soon as reasonably practical after execution of this Agreement, Plaintiffs will file the Agreement, including the exhibits attached hereto, with the Court, and move for an order conditionally certifying the Settlement Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, and approving the Class Notice and Claims Process, and submit the Preliminary Approval Order, in substantially the same form as
Motion for Preliminary Approval and Conditional Certification. As soon as reasonably practical after execution of this Agreement, Plaintiff will file the Agreement, including the exhibits attached hereto, with the Court; move for an order conditionally certifying the Settlement Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, and approving the Class Notice and Claims Process; and submit the Preliminary Approval Order, in substantially the same form as Exhibit 1, to the Court for approval. Class Counsel will provide a draft of the Preliminary Approval motion to Defendant’s Counsel for review prior to filing.
Motion for Preliminary Approval and Conditional Certification a. Plaintiffs will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearing, and approving the Class Notice and Exclusion Form. Class Counsel will share their draft motion for comments by Defendant’s counsel with reasonable notice before filing (at least five (5) business days), which Class Counsel shall consider in good faith, but shall not be required to accept. Defendant shall provide any comments within five (5) business days of email receipt of the draft motion. If not comments are provided, Plaintiffs may file without any changes.
b. At the Preliminary Approval hearing, the Plaintiffs will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class Representatives, Class Counsel, and Settlement Administrator; approving the Notice Packet; and setting the Final Approval hearing.
c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement, the Settlement will be null and void, and the Parties will have no further obligations under it. The amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class
Motion for Preliminary Approval and Conditional Certification i. Within forty-five (45) calendar days after execution of this Settlement Agreement by all Parties, Plaintiff will move for an order: (1) conditionally certifying the Class for settlement purposes only; (2) granting Preliminary Approval of the Settlement; (3) setting a date for the Final Approval hearing; (4) approving the Class Notice; (5) establishing a procedure for Class Members to request exclusion or object; and (6) enjoining Class Members and/or Aggrieved Employees from filing, initiating, or continuing to prosecute any actions, claims, complaints, or proceedings in Court, with the LWDA or with any other entity or in any other forum regarding the Released Claims. In conjunction with the Preliminary Approval hearing, Plaintiff will submit this Settlement Agreement, which sets forth the terms of this Settlement, and will include the proposed Class Notice, attached hereto as Exhibit A. Prior to moving for Preliminary Approval, Class Counsel shall share the draft motion with Defendant’s counsel and provide Defendant five business (5) days to review and propose revisions.
ii. At the same time that Plaintiff files his Motion for Preliminary Approval, Plaintiff shall send a copy of the Agreement to the LWDA pursuant to the 2016 amendments to PAGA.
iii. At the Preliminary Approval hearing, Plaintiff will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of
Motion for Preliminary Approval and Conditional Certification. 16 a. Plaintiff will move for an order conditionally certifying the Class for 17 settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final 18 Approval hearing, and approving the Class Notice.
19 b. At the Preliminary Approval hearing, the Parties will jointly appear, 20 support the granting of the motion, and submit a proposed order granting conditional certification of 21 the Class and Preliminary Approval of the Settlement; appointing the Class Representative, Class
Motion for Preliminary Approval and Conditional Certification a. Plaintiff will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, including the PAGA claims and PAGA payments, setting a date for the Final Approval hearing, and approving the Class Notice and Exclusion Form. Class Counsel will submit to Defendant’s Counsel drafts of the Motion for Preliminary Approval of Settlement, Class Notice and Exclusion Form (“notice packets”) to Class Members.
b. At the Preliminary Approval hearing, Plaintiff will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class Representative, Class Counsel, and Settlement Administrator; approving the Class Notice; and setting the Final Approval hearing.
c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement, the Parties will cooperate and provide their best efforts to resolve any questions or issues raised by the Court. Should the Agreement not become Final for any reason after the Parties cooperate and provide best efforts to resolve questions or issues raised by the Court including by entering into an amended settlement agreement resolving such issues, the Settlement will be null and void, and the Parties will have no further obligations under it. Nothing in this Agreement shall limit Plaintiff’s or Class Counsel’s ability to appeal any decision by the Court to award less than the requested Attorney Fee Award, Cost Award, Administration Costs, and Class Representative Enhancement Payment.
