MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT. The motion of plaintiffs Xxxxxx Xxxxxx, Xxxxxxx Xxxx, Xxxxxxxx Xxxx, Xxxxx Xxxxx, Xxxx Xxxxx, Xxxxx Xxxxxxx, Xxxxx Xxxx, Xxxxx Xxxxxxxxxx, Xxxxx Xxxx and Xxx Xxxxx Xxxxxx (“Plaintiffs”), for preliminary approval of their class action settlement with all of the defendants in the above matter, including defendants Random House, Inc. and Xxxxx Xxxx (collectively “Defendants”) came on for hearing on . Having considered Plaintiffs’ moving papers, the signed Settlement Agreement and Release attached as Exhibit A to Plaintiffs’ Memorandum in Support of Plaintiffs’ Motion for Preliminary Approval (the “Settlement Agreement”), and all other documentary and oral evidence submitted concerning Plaintiffs’ motion, due notice having been given and the Court being duly advised in the premises, the Court hereby makes the following findings of fact:
MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT. As soon as reasonably possible upon the full execution of this Settlement Agreement by the Parties, Plaintiffs will file a motion with the Court for entry of the “Preliminary Approval Order” substantially in the form annexed hereto as Exhibit 1, and for approval of the Class Notice substantially in the form annexed as Exhibit A to the Preliminary Approval Order.
MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT. 42. Within twenty-one (21) calendar days upon execution of this Settlement Agreement, Plaintiff, through Class Counsel, will file with the Court an Unopposed Motion for Class Counsel and
MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT. 2.1.1.1 The Parties will, in good faith, use reasonable efforts consistent with ordinary commercial practice to enable the Plaintiffs to file as soon as practicable a motion (“Preliminary Approval Motion”) with the Court for an order (the “Preliminary Approval Order”) substantially in the form annexed hereto as Exhibit A, including the exhibits thereto, and the Parties shall, in good faith, take reasonable steps to (a) secure expeditious entry of the Preliminary Approval Order by the Court, and (b) seek a date for a hearing to finally determine whether the Settlement is fair, reasonable, and adequate pursuant to FED. R. CIV. P. 23(e) of the Federal Rules of Civil Procedure (the “Final Approval Hearing”), at least ninety (90) calendar days following the mailing of the CAFA Notice and sixty (60) days following the mailing of the Class Notice, or at such other time set by the Court.
MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT. 2.1.1.1. The Parties will, in good faith, use reasonable efforts to enable the Named Plaintiff to file a motion (“Preliminary Approval Motion”) with the Court for the issuance of an order (the “Preliminary Approval Order”) substantially in the form annexed hereto as Exhibit 1 which: (a) preliminarily approves this Settlement Agreement; (b) directs the time and manner of the Class Notice to be served upon the Settlement Class; (c) approves the appointment of Xxxxxxxx X. Xxxxxxxxx to serve as Independent Fiduciary for the purpose of reviewing the terms of the Settlement for compliance with PTCE 2003-39 and releasing claims on behalf of the Plan; (d) finds that the proposed form of Class Notice fairly and adequately (i) describes the terms and effect of this Settlement Agreement, (ii) provides notice to the Settlement Class of the time and place of the Final Approval Hearing and (iii) describes how the recipients of the Class Notice may object to the Settlement; (e) finds that the proposed manner of serving the Class Notice to the members of the Settlement Class is the best notice practicable under the circumstances; and (f) approves the CAFA Notices to be issued by Defendants to the CAFA Notice Recipients in accordance with Section 2.1.4.2. Prior to moving for Preliminary Approval, the Parties shall obtain written confirmation from Xxxxxxx Xxxxxx Bank that it will provide the necessary data as set forth in Section 5.4.
MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT. After execution of this Agreement by both Parties, Plaintiff will file a motion for preliminary approval of the Agreement with the Court. The City will not oppose Plaintiff’s motion and will cooperate with Plaintiff to provide any information necessary to substantiate the terms of this Agreement or otherwise support the motion. The motion will seek an order that, in addition to any other matters deemed necessary by the Court: (1) preliminarily approves the terms of this Agreement; (2) approves the notice plan set forth in section 11 of this Agreement; and (3) schedules a hearing to review comments and objections, if any, regarding this Agreement and to consider whether the Agreement is fair, adequate, and reasonable (“Preliminary Approval Order”).
MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT. After the Parties’ execution of this Agreement, Plaintiffs shall prepare and file a Motion for Preliminary Approval of Proposed Class Settlement and Notice Plan, in accordance with California Rules of Court Rule No. 3.769 and the applicable Local Rules, requesting a Preliminary Approval Order which contains the following provisions: 1) preliminarily approving the Settlement Agreement and its terms; 2) approving the form of the Breach of Contract Class Settlement Notice, the 17200 Class Settlement Notice, the 17200 Class Claim Form, and the Settlement Publication, and finding that the proposed methods of disseminating notice meet the requirements of due process and constitute the best notice practicable under the circumstances;
MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT. The Parties shall move the Court for entry of the Order Granting Preliminary Approval whereby the Court:
MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT. 72. Within ten calendar days of this Settlement Agreement being executed, Class Counsel shall file with the Court a Motion for Preliminary Approval of Settlement (“Preliminary Approval Motion”) to be agreed to by the Parties.
MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT. Promptly after execution of this Agreement, Plaintiffs shall move the Court for an order:
