Motion for Preliminary Approval of Settlement by the Court a. After Execution of this Settlement Agreement, Plaintiff will file a Preliminary Approval Motion with the Court for an order giving Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, and approving the Class and Collective Notice (the “Motion for Preliminary Approval”). Any disagreement between the Parties concerning the Class and Collective Notice, the proposed orders, or other documents necessary to implement the Settlement will be referred to the mediator for resolution.
b. At the hearing on the Motion for Preliminary Approval, the Parties will jointly appear, support the granting of the motion, and submit a mutually agreed upon Order Granting Preliminary Approval of the Settlement.
c. Should the Court decline to preliminarily approve material aspects of the Settlement (including but not limited to the scope of release to be granted by Participating Class Members and Opt-In Plaintiffs or the binding effect of the Settlement on Participating Class Members or Opt-In Plaintiffs), the Parties shall work together in good faith to address any concerns raised by the Court and propose a revised Settlement for the Court’s approval.
Motion for Preliminary Approval of Settlement by the Court a. Plaintiff will move the Court for (collectively, “Motion for Preliminary Approval):
(i) Preliminary approval of the terms of this Settlement.
(ii) Approval of the Class Notice, settlement procedure, and appointment of the Settlement Administrator.
(iii) Scheduling of a Final Approval Hearing on the question of whether the terms of this Agreement should be finally approved as fair, reasonable, and adequate as to Plaintiff and the Class Members. Class Counsel shall provide Defendant with a reasonable opportunity to review this motion and exhibits thereto before they are filed with the Court. Defendant will not oppose said motion, so long as the motion and supporting papers are consistent with the terms of this Settlement Agreement.
b. In the event that the terms or conditions of this Settlement, other than the terms pertaining to the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment and/or Class Representative Payment, are materially modified by any court, any party in its sole discretion to be exercised within fourteen (14) days after such a material modification may declare this Settlement null and void. For purposes of this subparagraph, material modifications include but are not limited to any modification to the Class Period, Released Parties, or Released Claims. Any Party may exercise their option to void this Agreement as provided above by giving notice, in writing, to counsel for all other Parties and to the Court at any time prior to the Final Approval Order.
c. At the hearing on the Motion for Preliminary Approval, the Parties will jointly appear and support the granting of the motion, so long as the motion and supporting papers are consistent with the terms of this Settlement Agreement. Class Counsel will draft and submit with the Motion for Preliminary Approval, a Proposed Order Granting Preliminary Approval of Settlement, and Setting Hearing for Final Approval of Settlement, and will provide a reasonable opportunity for the Defendant to review the Motion for Preliminary Approval and a Proposed Order Granting Preliminary Approval of Settlement prior to filing.
Motion for Preliminary Approval of Settlement by the Court. Plaintiffs will move the Court for (collectively, “Motion for Preliminary Approval”):
a. Preliminary approval of the terms of this Agreement.
b. Approval of the Class Notice, settlement procedure, and appointment of the Settlement Administrator.
c. Scheduling of a Final Approval Hearing on the question of whether the terms of this Agreement should be finally approved as fair, adequate and reasonable as to Plaintiffs and the Class Members.
Motion for Preliminary Approval of Settlement by the Court a. After Execution of this Settlement Agreement, Plaintiffs will file a Preliminary Approval Motion with the Court for an order giving Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, and approving the Class and
b. At the hearing on the Motion for Preliminary Approval, the Parties will jointly appear, support the granting of the motion, and submit a mutually agreed upon Order Granting Preliminary Approval of the Settlement.
c. Should the Court decline to preliminarily approve material aspects of the Settlement (including but not limited to the scope of release to be granted by Participating Class Members and Opt-In Plaintiffs or the binding effect of the Settlement on Participating Class Members or Opt-In Plaintiffs), the Parties shall work together in good faith to address any concerns raised by the Court and propose a revised Settlement
Motion for Preliminary Approval of Settlement by the Court a. After Execution of this Settlement Agreement, Plaintiffs will file a Preliminary Approval Motion with the San Diego Superior Court for an order giving Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, and approving the Class Notice (the “Motion for Preliminary Approval”).
b. Class Counsel agrees to provide to Defendants for review and approval the draft Preliminary Approval Motion and the draft Motion for Final Approval at least three (3) business days before the filing of the motion(s). Class Counsel agrees not to file either motion without providing Defendants an opportunity to review and approve drafts of the filings.
c. At the hearing on the Motion for Preliminary Approval, the Parties will jointly appear, support the granting of the motion, and submit an Order Granting Preliminary Approval of the Settlement substantially in the form evidenced by Exhibit B to this Agreement and incorporated by reference into this Agreement.
d. Should the Court decline to preliminarily approve material aspects of the Settlement (including but not limited to the scope of release to be granted by Participating Class Members or the binding effect of the Settlement on Participating Class Members), the Parties shall work together in good faith to address any concerns raised by the Court and propose a revised Settlement for the Court’s approval.
Motion for Preliminary Approval of Settlement by the Court a. After execution of this Agreement, Plaintiff will file a Preliminary Approval Motion with the Court for an order giving Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, and approving the Class Notice (the “Motion for Preliminary Approval”).
b. Plaintiff’s Motion for Preliminary Approval will request that the Gross and Net Settlement Amounts be funded, administered and disbursed in two phases, as more particularly described in section III(E)(9) below.
c. At the hearing on Motion for Preliminary Approval, the Parties will appear, support the granting of the motion, and submit an Order granting Preliminary Approval of the Settlement.
d. Should the Court decline to preliminarily approve material aspects of the Settlement (including but not limited to the scope of releases, to be granted by Participating Class Members, the two-phased funding and distribution feature, or the binding effect of the Settlement on Participating Class Members), the Parties shall work together in good faith to address any concerns raised by the Court and propose a revised Settlement for the Court’s approval, if necessary.
Motion for Preliminary Approval of Settlement by the Court a. After Execution of this Settlement Agreement, Plaintiffs will file a joint Preliminary Approval Motion with the Court for an order giving Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, and approving the Class Notice (the “Motion for Preliminary Approval”). Any disagreement among the Parties concerning the Class Notice, the proposed orders, or other documents necessary to implement the Settlement will be referred to the mediator, Xxx. Xxxxx X.
Motion for Preliminary Approval of Settlement by the Court a. After Execution of this Settlement Agreement, Plaintiff will file a Preliminary Approval Motion with the Court for an order giving Preliminary Approval of the Settlement, setting a date for the Final concerning the Class Notice, the proposed orders, or other documents necessary to implement the Settlement will be referred to the mediator for resolution.
b. At the hearing on the Motion for Preliminary Approval, the Parties will jointly appear, support the granting of the motion, and submit an Order Granting Preliminary Approval of the Settlement substantially in the form evidenced by Exhibit B to this Agreement and incorporated by reference into this Agreement. At a minimum the Order Granting Preliminary Approval shall:
(i) Conditionally certify the Class and the Class claims;
(ii) Conditionally appoint Plaintiff and Class Counsel as representatives of the proposed Class;
(iii) Appoint ILYM Group, Inc. as the settlement administrator, and order the Settlement Administrator to provide notice of the settlement as outlined herein;
(iv) Confirm that the procedure for distributing the Class Notice (discussed below) (i) constitutes the best practicable notice;
Motion for Preliminary Approval of Settlement by the Court a. After execution of this Settlement Agreement, Plaintiffs will file a Preliminary Approval Motion with the Court for an order giving Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, and approving the Class Notice (“Motion for Preliminary Approval”).
b. At the hearing on the Motion for Preliminary Approval, the Parties will jointly appear, support the granting of the motion, and submit an Order Granting Preliminary Approval of the Settlement.
c. Should the Court decline to preliminarily approve material aspects of the Settlement, the Parties shall work together in good faith to address any concerns raised by the Court and propose a revised Settlement for the Court’s approval.
Motion for Preliminary Approval of Settlement by the Court. 17 a. After execution of this Settlement Agreement, Plaintiff will file a motion 18 for preliminary approval of the Settlement with the Court for an order granting preliminary approval of 19 the Settlement, setting a date for the Final Approval Hearing, and approving the Class Notice (the 20 “Motion for Preliminary Approval”). Any disagreement among the Parties concerning the Class Notice, 21 the proposed orders, or other documents necessary to implement the Settlement will be referred to the 22 Mediator for resolution.
23 b. At the hearing on the Motion for Preliminary Approval, the Parties will 24 jointly appear, support the granting of the motion, and submit a proposed order granting Preliminary 25 Approval of the Settlement.
26 c. In support of Plaintiff’s motion for preliminary approval of the Settlement, 27 Defendant shall provide a declaration regarding their financial position, the nature of Defendant’s 28 business operations, the makeup of Defendant’s workforce, the extent of pre-mediation discovery 1 provided by Defendant, and its need to fund the Gross Settlement Amount in two installment payments.
2 d. Should the Court decline to preliminarily approve material aspects of the 3 Settlement (including, but not limited to, the scope of releases of claims or the binding effect of the
