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. 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
43. The Preliminary Approval Motion shall submit this Settlement Agreement, together with its exhibit, to the Court and shall request that the Court enter the Preliminary Approval Order:
(a) granting preliminary approval of the Settlement Agreement described herein; (b) conditionally certifying the Class for settlement purposes only; (c) approving the Notice and the proposed plan of settlement administration described herein; and (d) scheduling a tentative date for a Final Approval Hearing approximately ninety (90) days after entry of the Preliminary Approval Order.
44. Should the Court decline to enter the Preliminary Approval Order or otherwise decline to preliminarily approve any aspect of the Settlement Agreement, the Parties will attempt to renegotiate those aspects of the Settlement Agreement in good faith, with the mutual goal of attempting to reach an agreement as close to this Settlement Agreement as possible and will then submit the renegotiated settlement agreement to the Court for preliminary approval. Only after both Parties agree that they have fully exhausted their efforts at obtaining preliminary approval of a settlement agreement after submitting at least two renegotiated settlements to the Court, the Settlement Agreement will be null and void, and the Parties will have no further obligations under it, and the Parties will revert to their prior positions in the Action as if the Settlement had not occurred.
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. 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.
2.1.1.2. The Parties shall, in good faith, take reasonable steps to: (a) secure expeditious entry of the Preliminary Approval Order by the Court; and
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. 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. Promptly after execution of this Agreement, Plaintiffs shall move the Court for an order:
(a) granting Preliminary Approval of the Agreement; (b) approving the class notice and opt-out procedure and form set forth below; and (c) setting the time, date, and place of a hearing on final approval. Should the Court decline to preliminarily approve the Settlement, the Settlement is voidable by either party. In such event, the Parties shall be returned to their respective statuses as of the date and time immediately prior to the execution of this Agreement, and the parties shall proceed in all respects as if this Agreement had not been executed, unless a party seeks reconsideration of the ruling or Court approval of a renegotiated settlement. If either party voids the settlement, the Parties will have no further obligations under the Settlement, including any obligation by Defendants to pay any amounts that otherwise would have been payable under this Settlement, except that the party who voids the settlement will pay the Settlement Administrator’s reasonable fees and expenses incurred as of the date that the Party exercises the right to void the Settlement under this paragraph. If this Agreement does not become effective or is cancelled, withdrawn, or terminated for any reason, it shall be deemed part of a negotiation for settlement purposes only and will not be admissible in evidence or usable for any purpose whatsoever in the Class Action or any proceeding involving the Parties, Class Members, or released claims.
MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT. The Parties shall move the Court for entry of the Order Granting Preliminary Approval whereby the Court:
1. Preliminarily approves the Agreement;
2. Certifies the Settlement Class for purposes of providing notice to Settlement Class Members and determining whether the terms of the Agreement are fair;
3. Appoints Plaintiff as the class representative for the Settlement Class pursuant to Rule 23 of the Federal Rules of Civil Procedure;
4. Appoints Class Counsel;
5. Approves as to form and content the proposed Notice of Settlement and Claim Form;
6. Directs the distribution of the Notice of Settlement to the potential Settlement Class Members; and
7. Schedules a fairness hearing following the close of the Notice Period at which time final approval of the Agreement will be requested.
