Common use of Motion for Preliminary Approval of Settlement by the Court Clause in Contracts

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.

Appears in 2 contracts

Samples: Class and Collective Action Settlement Agreement, Class and Collective Action Settlement Agreement

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Motion for Preliminary Approval of Settlement by the Court. a. After Execution of this Settlement Agreement, Plaintiff 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 Collective Notice (the “Motion for Preliminary Approval”). Any disagreement between among 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. Class Counsel shall submit this Agreement and the motion for preliminary approval to the LWDA at the same time as they are submitted to the Court, as required by PAGA. c. 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 an Order Granting Preliminary Approval of the SettlementSettlement substantially in the form evidenced by Exhibit B to this Agreement and incorporated by reference into this Agreement. c. 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 and Opt-In Plaintiffs or the binding effect of the Settlement on Participating Class Members or Opt-In PlaintiffsMembers), 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.

Appears in 2 contracts

Samples: Class Action Settlement Agreement (Mistras Group, Inc.), Class Action Settlement Agreement (Mistras Group, Inc.)

Motion for Preliminary Approval of Settlement by the Court. a. After Execution 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 among 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 an 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 i.e., 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 PlaintiffsMembers), 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.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Motion for Preliminary Approval of Settlement by the Court. a. i. 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”). Plaintiff will provide a draft of the Motion for Preliminary Approval at least 7 days in advance of filing for review and comment. Any disagreement between among 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. ii. 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 an Order Granting Preliminary Approval of the SettlementSettlement substantially in the form evidenced by Exhibit B to this Agreement and incorporated by reference into this Agreement. c. iii. 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 Settlement Class Members and Opt-In Plaintiffs or the binding effect of the Settlement on Participating Settlement Class Members or Opt-In PlaintiffsMembers), 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.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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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 among 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 an Order Granting Preliminary Approval of the SettlementSettlement substantially in the form evidenced by Exhibit B to this Agreement and incorporated by reference into this Agreement. 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 PlaintiffsMembers), 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.. C1 - Inte9rnal use

Appears in 1 contract

Samples: Class Action Settlement Agreement

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