Motion for Preliminary Approval and Conditional Certification Sample Clauses

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 and Exclusion Form.
Sample 1Sample 2Sample 3See All (37)
AutoNDA by SimpleDocs
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 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.
Sample 1
Motion for Preliminary Approval and Conditional Certification a. Plaintiffs will provide Defendant with a draft of their motion for preliminary approval and all exhibits and notice materials within 10 days of this Settlement being executed so that Defendant may provide comments and feedback. Upon receipt of feedback from Defendant, Plaintiffs shall 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. Plaintiffs’ Motion for Order Granting Preliminary Approval shall include this Settlement Agreement.
Sample 1
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.
Sample 1
Motion for Preliminary Approval and Conditional Certification a. The Parties will file a Notice of Proposed Class Action Settlement with the Court and contact the Court clerk to secure the earliest available date that is convenient to the Parties as the preliminary approval hearing date. If for any reason that date is not available for the preliminary approval hearing date, the Parties agree to approach the Court ex parte to specially set the hearing on Plaintiff’s motion for preliminary approval.
Sample 1
Motion for Preliminary Approval and Conditional Certification. (i) Plaintiff will, by way of regularly noticed motion pursuant to California Rule of Court (“CRC”) 3.769(c), seek Preliminary Approval of the Settlement and an order: (i) appointing Class Counsel, Class Representative, and the Settlement Administrator, (ii) conditionally certifying the Class for settlement purposes only, (iii) preliminary approving the terms of the Settlement, subject to the Court approving the amount of the Attorneys’ Fees Award, Cost Award, Class Representative Enhancement Payment, and Administration Costs at the final approval / settlement fairness hearing, (iv) scheduling a final approval / settlement fairness hearing, (v) ordering the Parties to administer the Settlement; (vi) approving the Class Notice to be sent to all Class Members; and (vii) enjoining Class Members from filing or prosecuting any claims, suits, or administrative proceedings regarding the Released Claims and PAGA Released Claims from the time Class Notices are mailed to Class Members until such Class Members have filed valid Requests for Exclusion with the Settlement Administrator. The motion for Preliminary Approval will attach as exhibits: (i) the Settlement Agreement and (ii) the Class Notice. The motion for Preliminary Approval will be supported by admissible evidence, in the form of declarations of Class Counsel, that address the potential value of each claim being settled, the value of other forms of relief, and the allocation of the Individual Settlement Shares between wages and non- wages, all as sufficient to satisfy the standard set forth in Xxxxxx v. Foot Locker Retail, Inc., 168 Cal. App. 4th 116 (2008). Class Counsel will be responsible for drafting all documents, pleadings and declarations necessary to obtain Preliminary Approval, including a Proposed Order Granting Preliminary Approval that includes the requisite language and adequate information to provide clear instructions to the Settlement Administrator, and that attaches the Class Notice. Plaintiff will provide a draft of the Preliminary Approval motion to Defendant for review prior to filing.
Sample 1
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 and Exclusion Form. Class counsel will submit to Defendants’ counsel drafts of the motions for Preliminary Approval of settlement, Class Notice and Exclusion Form (“notice packets”) to class members. Defendants’ counsel will not unreasonably withhold approval. Plaintiff’s counsel will not submit motions to the Court for Preliminary Approval, or notice packets, without Defendants’ counsel’s approval.
Sample 1
AutoNDA by SimpleDocs
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.
Sample 1

Related to Motion for Preliminary Approval and Conditional Certification

  • 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.

  • Preliminary Approval Order “Preliminary Approval Order” means the order of the Court preliminarily approving this Settlement Agreement.

  • Preliminary Approval Within a reasonable time after execution of this Settlement Agreement by the Parties, Plaintiff shall apply to the Court for the entry of an Order:

  • PRELIMINARY APPROVAL OF SETTLEMENT 3. Promptly upon execution of this Stipulation, Lead Plaintiffs will move for preliminary approval of the Settlement, authorization to provide notice of the Settlement to the Settlement Class, and the scheduling of a hearing for consideration of final approval of the Settlement, which motion shall be unopposed by Defendants. Concurrently with the motion for preliminary approval, Lead Plaintiffs shall apply to the Court for, and Defendants shall agree to, entry of the Preliminary Approval Order, substantially in the form attached hereto as Exhibit A. RELEASE OF CLAIMS

  • Approval/Non-Approval We will notify you whether your Application has been approved or denied within 14 days after the date we receive a completed Application. Notification may be in person or by mail or telephone unless you have requested that notification be by mail. You must not assume approval until you receive actual notice of approval. The 14-day time period may be changed only by separate written agreement.

  • Application Approval Our representative will notify you (or one of you, if there are co-applicants) of the Application approval, execute the Lease agreements for signature prior to occupancy, and, once complete, credit the application deposit of all applicants toward the required security deposit.

  • Drug-Free Workplace Certification As required by Executive Order No. 90-5 dated April 12, 1990, issued by the Governor of Indiana, the Contractor hereby covenants and agrees to make a good faith effort to provide and maintain a drug-free workplace. The Contractor will give written notice to the State within ten (10) days after receiving actual notice that the Contractor, or an employee of the Contractor in the State of Indiana, has been convicted of a criminal drug violation occurring in the workplace. False certification or violation of this certification may result in sanctions including, but not limited to, suspension of contract payments, termination of this Contract and/or debarment of contracting opportunities with the State for up to three (3) years. In addition to the provisions of the above paragraph, if the total amount set forth in this Contract is in excess of $25,000.00, the Contractor certifies and agrees that it will provide a drug-free workplace by:

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!