Motion for Preliminary Approval of the Settlement. As soon as possible and in no event later than 20 days after the date of execution of this Settlement Agreement, XXXx shall submit to the Court—and Novartis shall not oppose in any court, including on appeal—a motion (the “Preliminary Approval Motion”) requesting entry of an order preliminarily approving this Settlement, and authorizing dissemination of notice to the End-Payor Class (the “Preliminary Approval Order”) substantially in the form of Exhibit A hereto. The Preliminary Approval Motion shall, inter alia: a. request preliminary approval of the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. 23, and in the best interests of the End-Payor Class; b. request a schedule for a hearing by the Court after the notice period has expired to approve the Settlement and to consider EPP Counsel’s applications for attorneys’ fees, reimbursement of costs and expenses, and service awards as set forth in this Settlement Agreement; c. request a stay of all proceedings against Novartis in the End-Payor Class Action until such time as the Court renders a final decision regarding the approval of the Settlement as described below in Paragraph 5, except those proceedings provided for or required by this Settlement Agreement; d. seek approval of an escrow agreement regarding the Settlement consideration described below in Paragraph 7; e. seek approval for notice to the End-Payor Class substantially in the form attached hereto as Exhibit B; include a proposed form of order (substantially in the form attached as the proposed plan of notice complies with Rule 23 and the requirements of due process; and f. seek certification of the End-Payor Class as defined in Paragraph for purposes of settlement. After the Court preliminarily approves the Settlement, XXXx shall, in accordance with the Preliminary Approval Order, provide End-Payor Class members with notice of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure substantially in the form attached hereto as Exhibit B.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Motion for Preliminary Approval of the Settlement. The parties may disclose the fact that they have entered a settlement agreement as reasonably necessary, however, the parties agree not to disclose to any other person or entity, including but not limited to any other plaintiff or defendant in the Action, the terms of this Settlement until the Settlement Agreement is submitted to the Court for preliminary approval, unless required by law or regulation or agreed to in writing by the Settling Parties. As soon as is possible and in no event later than 20 30 business days after the date of execution of this Settlement Agreement, XXXx Lead Counsel and Settlement Class Counsel shall submit to the Court—, and Novartis Settling Defendants shall not oppose in any courtassent to and will assist as necessary, including on appeal—a motion (the “Preliminary Approval Motion”) requesting entry of an order preliminarily approving the Settlement, including, as part of that motion, a motion to require non-settling defendants to provide, confidentially, the names and addresses of their direct purchaser customers that purchased the Named Generic Drugs during the Settlement Class Period to assist in the provision of notice of this SettlementSettlement to Settlement Class members upon preliminary approval, and authorizing dissemination of notice Notice to the End-Payor Settlement Class, and seeking entry of an Order Preliminarily Approving Class (Settlement. Settling Defendants shall have the “Preliminary Approval Order”) substantially in opportunity to review and approve the form of Exhibit A heretopreliminary approval motion and exhibits before the motion is filed. The Preliminary Approval Motion motion shall, inter alia:
a. request Request preliminary approval of the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. 23adequate, and in the best interests of the End-Payor Settlement Class, pursuant to Fed. R. Civ. P. Rule 23;
b. request Request a stay of all proceedings in the Action on behalf of Settling Direct Purchaser Plaintiffs and the Settlement Class against Settling Defendants only, except those proceedings provided for or required by this Settlement Agreement. Provided, however, that counsel for the Settling Plaintiffs may continue to participate in discovery including depositions relating to the Settling Defendants pursued by other plaintiffs in the Action, but Settlement Class Counsel shall not act as lead examiner in any such depositions.
c. Request approval of the notice plan, providing for direct mail notice to all members of the Settlement Class who can reasonably be determined, and a publication notice, as needed; and
d. Seek a schedule for a hearing by the Court after the notice period has expired to finally approve the Settlement and to consider EPP Settlement Class Counsel’s applications application for attorneys’ an award of attorney fees, reimbursement of costs and expenses, and service awards as set forth in this Settlement Agreement;
c. request a stay of all proceedings against Novartis in the End-Payor Class Action until such time as the Court renders a final decision regarding the approval of the Settlement as described below in Paragraph 5, except those proceedings provided for or required by this Settlement Agreement;
d. seek approval of an escrow agreement regarding the Settlement consideration described below in Paragraph 7;
e. seek approval for notice award to the End-Payor Class substantially in the form attached hereto as Exhibit B; include a proposed form of order (substantially in the form attached as the proposed plan of notice complies with Rule 23 and the requirements of due process; and
f. seek certification of the End-Payor Class as defined in Paragraph for purposes of settlement. After the Court preliminarily approves the Settlement, XXXx shall, in accordance with the Preliminary Approval Order, provide End-Payor Class members with notice of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure substantially in the form attached hereto as Exhibit B.Settling Plaintiffs.
Appears in 1 contract
Samples: Settlement Agreement
Motion for Preliminary Approval of the Settlement. As soon Plaintiffs shall draft a motion for preliminary approval of the Settlement and all necessary supporting documents, which shall be consistent with this Settlement Agreement and which Brown University shall have a right to review and approve (which approval shall not be unreasonably withheld). Brown University may suggest revisions, which Plaintiffs agree to consider in good faith, as possible and in long as Brown University provides its suggested revisions or comments within seven (7) business days of having received any such document or documents from Plaintiffs, or such other time as the Settling Parties may agree. Unless the Settling Parties agree otherwise, Plaintiffs will file the motion for preliminary approval with the Court no event later than 20 45 days after the date of execution of this Settlement Agreement. Brown University understands and accepts that Plaintiffs may file for preliminary approval of this Settlement jointly with other settlements in this Action. Nothing in this Settlement Agreement shall prevent Plaintiffs from consummating settlements with other Defendants in this Action or from including such settlements as part of a joint preliminary approval motion. The motion for preliminary approval shall include a proposed form of order substantially similar to Exhibit A, XXXx shall submit to the Court—and Novartis shall not oppose in any court, including on appeal—a motion (the “Preliminary Approval Motion”including:
a) requesting entry of an order preliminarily approving this Settlement, and authorizing dissemination of notice to the End-Payor Class (the “Preliminary Approval Order”) substantially in the form of Exhibit A hereto. The Preliminary Approval Motion shall, inter alia:
a. request preliminary approval of the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. 23, and in the best interests finding that dissemination of the End-Payor Class;
b. request a schedule for a hearing by the Court after the notice period has expired to approve the Settlement and to consider EPP Counsel’s applications for attorneys’ fees, reimbursement of costs and expenses, and service awards as set forth in this Settlement Agreement;
c. request a stay of all proceedings against Novartis in the End-Payor Class Action until such time as the Court renders a final decision regarding the approval of the Settlement as described below in Paragraph 5, except those proceedings provided for or required by this Settlement Agreement;
d. seek approval of an escrow agreement regarding the Settlement consideration described below in Paragraph 7;
e. seek approval for notice to the End-Payor Class substantially in the form attached hereto as Exhibit B; include a proposed form of order (substantially in the form attached as is warranted;
b) finding that the proposed plan of notice complies with Rule 23 and the requirements of due process, and seeking approval of short- and long-form notices;
c) preliminarily approving the Plan of Allocation;
d) providing that if final approval of the Settlement is not obtained, the Settlement shall be null and void, and the Settling Parties will revert to their positions ex ante without prejudice to their claims or defenses; and
f. seek certification of the End-Payor Class as defined in Paragraph e) setting a date for purposes of settlement. After the Court preliminarily approves the Settlementa motion for final approval, XXXx shalla deadline for objections and exclusions, in accordance with the Preliminary Approval Order, provide End-Payor Class members with notice of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure substantially in the form attached hereto as Exhibit B.and a date for a fairness hearing.
Appears in 1 contract
Samples: Settlement Agreement
Motion for Preliminary Approval of the Settlement. The parties may disclose the fact that they have entered a settlement agreement as reasonably necessary, however, the parties agree not to disclose to any other person or entity, including but not limited to any other plaintiff or defendant in the Action, the terms of this Settlement until the Settlement Agreement is submitted to the Court for preliminary approval, unless required by law or regulation or agreed to in writing by the Settling Parties. As soon as is possible and in no event later than 20 30 business days after the date of execution of this Settlement Agreement, XXXx Lead Counsel and Settlement Class Counsel shall submit to the Court—, and Novartis Settling Defendant shall not oppose in any courtassent to and will assist as necessary, including on appeal—a motion (the “Preliminary Approval Motion”) requesting entry of an order preliminarily approving the Settlement, including, as part of that motion, a motion to require non-settling defendants to provide, confidentially, the names and addresses of its direct purchaser customers that purchased the Named Generic Drugs during the Settlement Class Period to assist in the provision of notice of this SettlementSettlement to Settlement Class members upon preliminary approval, and authorizing dissemination of notice Notice to the End-Payor Settlement Class, and seeking entry of an Order Preliminarily Approving Class (Settlement. Settling Defendant shall have the “Preliminary Approval Order”) substantially in opportunity to review and approve the form of Exhibit A heretopreliminary approval motion and exhibits before the motion is filed. The Preliminary Approval Motion motion shall, inter alia:
a. request Request preliminary approval of the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. 23adequate, and in the best interests of the End-Payor Settlement Class, pursuant to Fed. R. Civ. P. Rule 23;
b. request Request a stay of all proceedings in the Action on behalf of Settling Direct Purchaser Plaintiffs and the Settlement Class against Settling Defendant only, except those proceedings provided for or required by this Settlement Agreement. Provided, however, that counsel for the Settling Plaintiffs may continue to participate in discovery including depositions relating to the Settling Defendant pursued by other plaintiffs in the Action, but Settlement Class Counsel shall not act as lead examiner in any such depositions.
c. Request approval of the notice plan, providing for direct mail notice to all members of the Settlement Class who can reasonably be determined, and a publication notice, as needed; and
d. Seek a schedule for a hearing by the Court after the notice period has expired to finally approve the Settlement and to consider EPP Settlement Class Counsel’s applications application for attorneys’ an award of attorney fees, reimbursement of costs and expenses, and service awards as set forth in this Settlement Agreement;
c. request a stay of all proceedings against Novartis in the End-Payor Class Action until such time as the Court renders a final decision regarding the approval of the Settlement as described below in Paragraph 5, except those proceedings provided for or required by this Settlement Agreement;
d. seek approval of an escrow agreement regarding the Settlement consideration described below in Paragraph 7;
e. seek approval for notice award to the End-Payor Class substantially in the form attached hereto as Exhibit B; include a proposed form of order (substantially in the form attached as the proposed plan of notice complies with Rule 23 and the requirements of due process; and
f. seek certification of the End-Payor Class as defined in Paragraph for purposes of settlement. After the Court preliminarily approves the Settlement, XXXx shall, in accordance with the Preliminary Approval Order, provide End-Payor Class members with notice of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure substantially in the form attached hereto as Exhibit B.Settling Plaintiffs.
Appears in 1 contract
Samples: Settlement Agreement
Motion for Preliminary Approval of the Settlement. As soon Plaintiffs shall draft a motion for preliminary approval of the Settlement and all necessary supporting documents, which shall be consistent with this Settlement Agreement and which Emory shall have a right to review and approve (which approval shall not be unreasonably withheld). Emory may suggest revisions, which Plaintiffs agree to consider in good faith, as possible and in long as Emory provides its suggested revisions or comments within seven (7) business days of having received any such document or documents from Plaintiffs, or such other time as the Settling Parties may agree. Unless the Settling Parties agree otherwise, Plaintiffs will file the motion for preliminary approval with the Court no event later than 20 45 days after the date of execution of this Settlement Agreement. Emory understands and accepts that Plaintiffs may file for preliminary approval of this Settlement jointly with other settlements in this Action. Nothing in this Settlement Agreement shall prevent Plaintiffs from consummating settlements with other Defendants in this Action or from including such settlements as part of a joint preliminary approval motion. The motion for preliminary approval shall include a proposed form of order substantially similar to Exhibit A, XXXx shall submit to the Court—and Novartis shall not oppose in any court, including on appeal—a motion (the “Preliminary Approval Motion”including:
a) requesting entry of an order preliminarily approving this Settlement, and authorizing dissemination of notice to the End-Payor Class (the “Preliminary Approval Order”) substantially in the form of Exhibit A hereto. The Preliminary Approval Motion shall, inter alia:
a. request preliminary approval of the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. 23, and in the best interests finding that dissemination of the End-Payor Class;
b. request a schedule for a hearing by the Court after the notice period has expired to approve the Settlement and to consider EPP Counsel’s applications for attorneys’ fees, reimbursement of costs and expenses, and service awards as set forth in this Settlement Agreement;
c. request a stay of all proceedings against Novartis in the End-Payor Class Action until such time as the Court renders a final decision regarding the approval of the Settlement as described below in Paragraph 5, except those proceedings provided for or required by this Settlement Agreement;
d. seek approval of an escrow agreement regarding the Settlement consideration described below in Paragraph 7;
e. seek approval for notice to the End-Payor Class substantially in the form attached hereto as Exhibit B; include a proposed form of order (substantially in the form attached as is warranted;
b) finding that the proposed plan of notice complies with Rule 23 and the requirements of due process, and seeking approval of short- and long-form notices;
c) preliminarily approving the Plan of Allocation;
d) providing that if final approval of the Settlement is not obtained, the Settlement shall be null and void, and the Settling Parties will revert to their positions ex ante without prejudice to their claims or defenses; and
f. seek certification of the End-Payor Class as defined in Paragraph e) setting a date for purposes of settlement. After the Court preliminarily approves the Settlementa motion for final approval, XXXx shalla deadline for objections and exclusions, in accordance with the Preliminary Approval Order, provide End-Payor Class members with notice of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure substantially in the form attached hereto as Exhibit B.and a date for a fairness hearing.
Appears in 1 contract
Samples: Settlement Agreement
Motion for Preliminary Approval of the Settlement. The parties may disclose the fact that they have entered a settlement agreement as reasonably necessary, however, the parties agree not to disclose to any person or entity, including but not limited to any other plaintiff or defendant in the Action, the terms of this Settlement until the Settlement Agreement is submitted to the Court for preliminary approval, unless required by law or regulation or agreed to in writing by the Settling Parties. As soon as is possible and in no event later than 20 30 business days after the date of execution of this Settlement Agreement, XXXx Lead Counsel and Settlement Class Counsel shall submit to the Court—, and Novartis Settling Defendant shall not oppose in any courtassent to and will assist as necessary, including on appeal—a motion (requesting preliminary approval of the “Preliminary Approval Motion”) requesting entry of an order preliminarily approving this Settlement, and authorizing dissemination of notice Notice to the End-Payor Settlement Class, and seeking entry of an Order Preliminarily Approving Class (Settlement. Settling Defendant shall have the “Preliminary Approval Order”) substantially in opportunity to review and approve the form of Exhibit A heretopreliminary approval motion and exhibits before the motion is filed. The Preliminary Approval Motion motion shall, inter alia:
a. request Request preliminary approval of the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. 23adequate, and in the best interests of the End-Payor Settlement Class, pursuant to Fed. R. Civ. P. Rule 23;
b. request Request a stay of all proceedings in the Action on behalf of Settling Direct Purchaser Plaintiffs and the Settlement Class against Settling Defendant only, except those proceedings provided for or required by this Settlement Agreement. Provided, however, that counsel for the Settling Plaintiffs may continue to participate in discovery including depositions relating to the Settling Defendant pursued by other plaintiffs in the Action, but Settlement Class Counsel shall not act as lead examiner in any such depositions.
c. Request approval of the notice plan, providing for direct mail notice to all members of the Settlement Class who can reasonably be determined, and a publication notice, as needed; and
d. Seek a schedule for a hearing by the Court after the notice period has expired to finally approve the Settlement and to consider EPP Counsel’s applications for attorneys’ Se award of attorney fees, reimbursement of costs and expenses, and service awards as set forth in this Settlement Agreement;
c. request a stay of all proceedings against Novartis in the End-Payor Class Action until such time as the Court renders a final decision regarding the approval of the Settlement as described below in Paragraph 5, except those proceedings provided for or required by this Settlement Agreement;
d. seek approval of an escrow agreement regarding the Settlement consideration described below in Paragraph 7;
e. seek approval for notice award to the End-Payor Class substantially in the form attached hereto as Exhibit B; include a proposed form of order (substantially in the form attached as the proposed plan of notice complies with Rule 23 and the requirements of due process; and
f. seek certification of the End-Payor Class as defined in Paragraph for purposes of settlement. After the Court preliminarily approves the Settlement, XXXx shall, in accordance with the Preliminary Approval Order, provide End-Payor Class members with notice of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure substantially in the form attached hereto as Exhibit B.Settling Plaintiffs.
Appears in 1 contract
Samples: Settlement Agreement
Motion for Preliminary Approval of the Settlement. As soon Plaintiffs shall draft a motion for preliminary approval of the Settlement and all necessary supporting documents, which shall be consistent with this Settlement Agreement and which Yale University shall have a right to review and approve (which approval shall not be unreasonably withheld). Yale University may suggest revisions, which Plaintiffs agree to consider in good faith, as possible and in long as Yale University provides its suggested revisions or comments within seven (7) business days of having received any such document or documents from Plaintiffs, or such other time as the Settling Parties may agree. Unless the Settling Parties agree otherwise, Plaintiffs will file the motion for preliminary approval with the Court no event later than 20 45 days after the date of execution of this Settlement Agreement. Yale University understands and accepts that Plaintiffs may file for preliminary approval of this Settlement jointly with other settlements in this Action. Nothing in this Settlement Agreement shall prevent Plaintiffs from consummating settlements with other Defendants in this Action or from including such settlements as part of a joint preliminary approval motion. The motion for preliminary approval shall include a proposed form of order substantially similar to Exhibit A, XXXx shall submit to the Court—and Novartis shall not oppose in any court, including on appeal—a motion (the “Preliminary Approval Motion”including:
a) requesting entry of an order preliminarily approving this Settlement, and authorizing dissemination of notice to the End-Payor Class (the “Preliminary Approval Order”) substantially in the form of Exhibit A hereto. The Preliminary Approval Motion shall, inter alia:
a. request preliminary approval of the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. 23, and in the best interests finding that dissemination of the End-Payor Class;
b. request a schedule for a hearing by the Court after the notice period has expired to approve the Settlement and to consider EPP Counsel’s applications for attorneys’ fees, reimbursement of costs and expenses, and service awards as set forth in this Settlement Agreement;
c. request a stay of all proceedings against Novartis in the End-Payor Class Action until such time as the Court renders a final decision regarding the approval of the Settlement as described below in Paragraph 5, except those proceedings provided for or required by this Settlement Agreement;
d. seek approval of an escrow agreement regarding the Settlement consideration described below in Paragraph 7;
e. seek approval for notice to the End-Payor Class substantially in the form attached hereto as Exhibit B; include a proposed form of order (substantially in the form attached as is warranted;
b) finding that the proposed plan of notice complies with Rule 23 and the requirements of due process, and seeking approval of short- and long-form notices;
c) preliminarily approving the Plan of Allocation;
d) providing that if final approval of the Settlement is not obtained, the Settlement shall be null and void, and the Settling Parties will revert to their positions ex ante without prejudice to their claims or defenses; and
f. seek certification of the End-Payor Class as defined in Paragraph e) setting a date for purposes of settlement. After the Court preliminarily approves the Settlementa motion for final approval, XXXx shalla deadline for objections and exclusions, in accordance with the Preliminary Approval Order, provide End-Payor Class members with notice of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure substantially in the form attached hereto as Exhibit B.and a date for a fairness hearing.
Appears in 1 contract
Samples: Settlement Agreement
Motion for Preliminary Approval of the Settlement. The Settling Parties may disclose the fact that they have entered into a settlement agreement as is reasonably necessary (including to auditors), however, the Settling Parties agree not to disclose to any other person or entity, the terms of this Settlement until the Settlement Agreement is submitted to the Court for preliminary approval, unless required by law or regulation or agreed to in writing by the Settling Parties. As soon as possible is possible, and in no event later than 20 thirty (30) business days after the date of execution of this Settlement Agreement, XXXx Lead Counsel and Settlement Class Counsel shall submit to the Court—, and Novartis Settling Defendants shall not oppose in any courtassent to and will assist as necessary, including on appeal—a motion (the “Preliminary Approval Motion”) requesting entry of an order preliminarily approving this Settlement, the Settlement and authorizing dissemination of notice to the End-Payor Settlement Class, and seeking entry of an Order Preliminarily Approving Class (Settlement. Settling Defendants shall have the “Preliminary Approval Order”) substantially in opportunity to review and approve the form of Exhibit A heretopreliminary approval motion and exhibits before the motion is filed. The Preliminary Approval Motion motion shall, inter alia:
a. request Request preliminary approval of the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. 23adequate, and in the best interests of the End-Payor Settlement Class;, pursuant to Fed. R. Civ. P. 23; and
b. request Request a stay of all proceedings in the Action on behalf of Settling Direct Purchaser Plaintiffs and the Settlement Class against Settling Defendants only, except those proceedings provided for, or required by, this Settlement Agreement. Provided, however, that counsel for the Settling Plaintiffs may continue to participate in discovery including depositions relating to the Settling Defendants, including but not limited to current or former employees or corporate designee depositions, pursued by other plaintiffs in the Action, but Settlement Class Counsel shall not act as lead examiner in any such depositions, except with respect to former Heritage employees with whom Settlement Class Counsel have a separate cooperation agreement; and
c. Request approval of the notice plan, providing for direct mail notice to all members of the Settlement Class who can reasonably be determined, and a publication notice, as needed; and
d. Seek a schedule for a hearing by the Court after the notice period has expired to approve the Settlement and to consider EPP Counsel’s applications for attorneys’ an award of attorney fees, reimbursement of costs and expenses, and service awards as set forth in this Settlement Agreement;
c. request a stay of all proceedings against Novartis in the End-Payor Class Action until such time as the Court renders a final decision regarding the approval of the Settlement as described below in Paragraph 5, except those proceedings provided for or required by this Settlement Agreement;
d. seek approval of an escrow agreement regarding the Settlement consideration described below in Paragraph 7;
e. seek approval for notice award to the End-Payor Class substantially in the form attached hereto as Exhibit B; include a proposed form of order (substantially in the form attached as the proposed plan of notice complies with Rule 23 and the requirements of due process; and
f. seek certification of the End-Payor Class as defined in Paragraph for purposes of settlement. After the Court preliminarily approves the Settlement, XXXx shall, in accordance with the Preliminary Approval Order, provide End-Payor Class members with notice of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure substantially in the form attached hereto as Exhibit B.Settling Plaintiffs.
Appears in 1 contract
Samples: Settlement Agreement
Motion for Preliminary Approval of the Settlement. The parties may disclose the fact that they have entered a settlement agreement as is reasonably necessary, however, the parties agree not to disclose to any other person or entity, including but not limited to any other plaintiff or defendant in the Action, the terms of this Settlement until the Settlement Agreement is submitted to the Court for preliminary approval, unless required by law or regulation or agreed to in writing by the Settling Parties. As soon as is possible and in no event later than 20 30 business days after the date of execution of this Settlement Agreement, XXXx Lead Counsel and Settlement Class Counsel shall submit to the Court—, and Novartis Settling Defendant shall not oppose in any courtassent to and will assist as necessary, including on appeal—a motion (requesting preliminary approval of the “Preliminary Approval Motion”) requesting entry of an order preliminarily approving this Settlement, and authorizing dissemination of notice Notice to the End-Payor Settlement Class, and seeking entry of an Order Preliminarily Approving Class (Settlement. Settling Defendant shall have the “Preliminary Approval Order”) substantially in opportunity to review and approve the form of Exhibit A heretopreliminary approval motion and exhibits before the motion is filed. The Preliminary Approval Motion motion shall, inter alia:
a. request Request preliminary approval of the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. 23adequate, and in the best interests of the End-Payor Settlement Class, pursuant to Fed. R. Civ. P. Rule 23;
b. request Request a stay of all proceedings in the Action on behalf of Settling Direct Purchaser Plaintiffs and the Settlement Class against Settling Defendant only, except those proceedings provided for or required by this Settlement Agreement. Provided, however, that counsel for the Settling Plaintiffs may continue to participate in discovery including depositions relating to the Settling Defendant pursued by other plaintiffs in the Action, but Settlement Class Counsel shall not act as lead examiner in any such depositions.
c. Request approval of the notice plan, providing for direct mail notice to all members of the Settlement Class who can reasonably be determined, and a publication notice, as needed; and
d. Seek a schedule for a hearing by the Court after the notice period has expired to finally approve the Settlement and to consider EPP Counsel’s applications for attorneys’ Se award of attorney fees, reimbursement of costs and expenses, and service awards as set forth in this Settlement Agreement;
c. request a stay of all proceedings against Novartis in the End-Payor Class Action until such time as the Court renders a final decision regarding the approval of the Settlement as described below in Paragraph 5, except those proceedings provided for or required by this Settlement Agreement;
d. seek approval of an escrow agreement regarding the Settlement consideration described below in Paragraph 7;
e. seek approval for notice award to the End-Payor Class substantially in the form attached hereto as Exhibit B; include a proposed form of order (substantially in the form attached as the proposed plan of notice complies with Rule 23 and the requirements of due process; and
f. seek certification of the End-Payor Class as defined in Paragraph for purposes of settlement. After the Court preliminarily approves the Settlement, XXXx shall, in accordance with the Preliminary Approval Order, provide End-Payor Class members with notice of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure substantially in the form attached hereto as Exhibit B.Settling Plaintiffs.
Appears in 1 contract
Samples: Settlement Agreement
Motion for Preliminary Approval of the Settlement. As soon Plaintiffs shall draft a motion for preliminary approval of the Settlement and all necessary supporting documents, which motion and documents shall be consistent with this Settlement Agreement. Defendant shall have a right to review Plaintiffs’ preliminary approval motion, memorandum of law in support, the proposed Plan of Allocation, the proposed short and long-form notices for the Class, and the proposed preliminary approval order before they are filed. Defendant may suggest revisions, which Plaintiffs agree to consider in good faith, as possible and in long as Defendant provides its suggested revisions or comments within three (3) business days of having received any such document or documents from Plaintiffs, or such other time as the Settling Parties may agree. Unless the Settling Parties agree otherwise, Plaintiffs will file the motion for preliminary approval with the Court no event later than 20 fourteen (14) days after the date of execution of this Settlement Agreement, XXXx . Me motion for preliminary approval shall submit to the Court—and Novartis shall not oppose in any courtinclude a proposed form of order, including on appeal—a motion (at least the “Preliminary Approval Motion”) requesting entry of an order preliminarily approving this Settlement, and authorizing dissemination of notice to the End-Payor Class (the “Preliminary Approval Order”) substantially in the form of Exhibit A hereto. The Preliminary Approval Motion shall, inter aliafollowing:
a. request i. finding preliminary approval of the Settlement set forth in this to be appropriate as the Settlement Agreement as is fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. Federal Rule of Civil Procedure 23, finding that dissemination of notice to the Class is warranted, and in finding that the best interests opportunity to opt out already provided to members of the End-Payor ClassClass was sufficient and fully consistent with Federal Rule of Civil Procedure 23 and due process of law;1
ii. finding that the proposed Notice Plan for the Class complies with Federal Rule of Civil Procedure 23 and due process, and approving proposed short- and long- form notices;
b. request a schedule for a hearing by iii. provisionally approving the Court after the notice period has expired to approve the Settlement and to consider EPP Counsel’s applications for attorneys’ fees, reimbursement proposed Plan of costs and expenses, and service awards as set forth in this Settlement AgreementAllocation;
c. request a stay of all proceedings against Novartis in the End-Payor Class Action until such time as the Court renders a iv. providing that if final decision regarding the approval of the Settlement as described below in Paragraph 5is not obtained, except those proceedings provided for or required by this Settlement Agreement;
d. seek approval of an escrow agreement regarding the Settlement consideration described below in Paragraph 7;
e. seek approval for notice shall be null and void, and the Settling Parties will revert to the End-Payor Class substantially their positions ex ante without prejudice to their claims or defenses in the form attached hereto as Exhibit B; include a proposed form of order (substantially in the form attached as the proposed plan of notice complies with Rule 23 and the requirements of due processAction; and
f. seek certification v. setting deadlines for: (a) the filing of the End-Payor Class as defined in Paragraph a motion for purposes final approval of settlement. After the Court preliminarily approves the Settlement, XXXx shall(b) implementation of the Notice Plan, in accordance with (c) the Preliminary Approval Orderfiling of the Plaintiffs’ Fee and Expense Award application, provide End-Payor (d) the filing of any objections from Class Members to the Settlement, (e) the provision of appropriate notice for opting out of the Class to the extent the Court requires an additional opt out period for members with notice of the Class, and (f) a fairness hearing for the Settlement of both Actions.
1 To the extent the Court requires an additional opt out opportunity to members of the Class, the remaining provisions of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure substantially shall remain in the form attached hereto as Exhibit B.full force and effect.
Appears in 1 contract
Samples: Settlement Agreement
Motion for Preliminary Approval of the Settlement. As soon as possible and in no event later than 20 days after the date of execution of this Settlement Agreement, XXXx Named Plaintiffs shall submit to the Court—and Novartis shall not oppose in any court, including on appeal—a motion (the “Preliminary Approval Motion”) requesting entry of an order preliminarily approving this Settlement, and authorizing dissemination of notice to the End-Payor Direct Purchaser Class (the “Preliminary Approval Order”) substantially in the form of Exhibit A hereto. The Preliminary Approval Motion shall, inter alia:
a. request preliminary approval of the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. 23, and in the best interests of the End-Payor Direct Purchaser Class;
b. request a schedule for a hearing by the Court after the notice period has expired to approve the Settlement and to consider EPP Plaintiffs’ Counsel’s applications for attorneys’ fees, reimbursement of costs and expenses, and service awards as set forth in this Settlement Agreement;
c. request a stay of all proceedings against Novartis in the End-Payor Direct Purchaser Class Action until such time as the Court renders a final decision regarding the approval of the Settlement as described below in Paragraph 56, except those proceedings provided for or required by this Settlement Agreement;
d. seek approval of an escrow agreement regarding the Settlement consideration described below in Paragraph 7;
e. seek approval for notice to the EndClass by means of direct first-Payor Class class United States mail notice substantially in the form attached hereto as Exhibit B; ;
f. include a proposed form of order (substantially in the form attached as Exhibit A), which includes such provisions as are typical in such orders, including a finding that the proposed plan of notice complies with Rule 23 and the requirements of due process; and
f. g. seek certification of the End-Payor Direct Purchaser Class as defined in Paragraph 1 for purposes of settlement. After the Court preliminarily approves the Settlement, XXXx Named Plaintiffs shall, in accordance with the Preliminary Approval Order, provide End-Payor Direct Purchaser Class members with notice of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure substantially in the form attached hereto as Exhibit B.
Appears in 1 contract
Samples: Settlement Agreement
Motion for Preliminary Approval of the Settlement. As soon Plaintiffs shall draft a motion for preliminary approval of the Settlement and all necessary supporting documents, which shall be consistent with this Settlement Agreement and which Duke University shall have a right to review and approve (which approval shall not be unreasonably withheld). Duke University may suggest revisions, which Plaintiffs agree to consider in good faith, as possible and in long as Duke University provides its suggested revisions or comments within seven (7) business days of having received any such document or documents from Plaintiffs, or such other time as the Settling Parties may agree. Unless the Settling Parties agree otherwise, Plaintiffs will file the motion for preliminary approval with the Court no event later than 20 45 days after the date of execution of this Settlement Agreement. Duke University understands and accepts that Plaintiffs may file for preliminary approval of this Settlement jointly with other settlements in this Action. Nothing in this Settlement Agreement shall prevent Plaintiffs from consummating settlements with other Defendants in this Action or from including such settlements as part of a joint preliminary approval motion. The motion for preliminary approval shall include a proposed form of order substantially similar to Exhibit A, XXXx shall submit to the Court—and Novartis shall not oppose in any court, including on appeal—a motion (the “Preliminary Approval Motion”including:
a) requesting entry of an order preliminarily approving this Settlement, and authorizing dissemination of notice to the End-Payor Class (the “Preliminary Approval Order”) substantially in the form of Exhibit A hereto. The Preliminary Approval Motion shall, inter alia:
a. request preliminary approval of the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. 23, and in the best interests finding that dissemination of the End-Payor Class;
b. request a schedule for a hearing by the Court after the notice period has expired to approve the Settlement and to consider EPP Counsel’s applications for attorneys’ fees, reimbursement of costs and expenses, and service awards as set forth in this Settlement Agreement;
c. request a stay of all proceedings against Novartis in the End-Payor Class Action until such time as the Court renders a final decision regarding the approval of the Settlement as described below in Paragraph 5, except those proceedings provided for or required by this Settlement Agreement;
d. seek approval of an escrow agreement regarding the Settlement consideration described below in Paragraph 7;
e. seek approval for notice to the End-Payor Class substantially in the form attached hereto as Exhibit B; include a proposed form of order (substantially in the form attached as is warranted;
b) finding that the proposed plan of notice complies with Rule 23 and the requirements of due process, and seeking approval of short- and long-form notices;
c) preliminarily approving the Plan of Allocation;
d) providing that if final approval of the Settlement is not obtained, the Settlement shall be null and void, and the Settling Parties will revert to their positions ex ante without prejudice to their claims or defenses; and
f. seek certification of the End-Payor Class as defined in Paragraph e) setting a date for purposes of settlement. After the Court preliminarily approves the Settlementa motion for final approval, XXXx shalla deadline for objections and exclusions, in accordance with the Preliminary Approval Order, provide End-Payor Class members with notice of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure substantially in the form attached hereto as Exhibit B.and a date for a fairness hearing.
Appears in 1 contract
Samples: Settlement Agreement
Motion for Preliminary Approval of the Settlement. As soon as possible and in no event later than 20 Within fourteen (14) days after of the date of execution of this Settlement Agreement, XXXx shall submit to the Court—and Novartis shall not oppose in any court, including on appeal—a motion (the “Preliminary Approval Motion”) requesting entry of an order preliminarily approving this Settlement, and authorizing dissemination of notice to the End-Payor Class Plaintiffs shall file with the Court an unopposed motion for preliminary approval of the Settlement. That motion shall request the entry of a preliminary approval order substantially in the form of Exhibit A hereto (the “Preliminary Approval Order”), providing for: (i) substantially in the form of Exhibit A hereto. The Preliminary Approval Motion shall, inter alia:
a. request preliminary approval of the Settlement set forth in this Settlement Agreement as because it is in the range of what is fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. 23adequate, and in the best interests of the End-Payor Class;
b. request Classes; (ii) preliminary approval of the plan for allocation of the Settlement Fund (“Allocation Plan”); (iii) approval of the notice and proposed notice plan; (iv) a schedule for providing Pfizer and the Court with a complete list of any End Payors who opt out or seek exclusion from the End-Payor Classes and for a hearing by the Court after the notice period has expired to approve the Settlement and to consider EPP Co-Lead Counsel’s applications for attorneys’ fees, reimbursement of costs and expenses, and service awards as set forth in this Settlement Agreement;
c. request Agreement (“Fairness Hearing”); (v) a stay of all proceedings against Novartis in the End-Payor Class Action against Pfizer until such time as the Court renders a final decision regarding the approval of the Settlement as described below in Paragraph 5, except those proceedings provided for or required by this Settlement Agreement;
d. seek approval of an escrow agreement regarding the Settlement consideration described below in Paragraph 7;
e. seek approval for notice to the End-Payor Class substantially in the form attached hereto as Exhibit BSettlement; include a proposed form of order (substantially in the form attached as the proposed plan of notice complies with Rule 23 and the requirements of due process; and
f. seek vi) certification of the End-Payor Class Classes, as defined in Paragraph 1, for purposes of settlement; (vii) appointment of a notice and claims administrator; and (viii) appointment of an escrow agent. After the Court preliminarily approves the Settlement, XXXx End-Payor Plaintiffs shall, in accordance with the Preliminary Approval Order, provide End-Payor Class members with notice of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure substantially in the form attached hereto as Exhibit B.approved by the Court. Co-Lead Counsel will recommend notice to the Classes according to the notice plan submitted by the claims and notice administrator, which shall provide for the best notice practicable to the Classes, including notice by publication to consumers and individual notice to third-party payor Class Members who can be identified with reasonable effort.
Appears in 1 contract
Samples: Settlement Agreement
Motion for Preliminary Approval of the Settlement. As soon Plaintiffs shall draft a motion for preliminary approval of the Settlement and all necessary supporting documents, which shall be consistent with this Settlement Agreement and which Columbia University shall have a right to review and approve (which approval shall not be unreasonably withheld). Columbia University may suggest revisions, which Plaintiffs agree to consider in good faith, as possible and in long as Columbia University provides its suggested revisions or comments within seven (7) business days of having received any such document or documents from Plaintiffs, or such other time as the Settling Parties may agree. Unless the Settling Parties agree otherwise, Plaintiffs will file the motion for preliminary approval with the Court no event later than 20 45 days after the date of execution of this Settlement Agreement. Columbia University understands and accepts that Plaintiffs may file for preliminary approval of this Settlement jointly with other settlements in this Action. Nothing in this Settlement Agreement shall prevent Plaintiffs from consummating settlements with other Defendants in this Action or from including such settlements as part of a joint preliminary approval motion. The motion for preliminary approval shall include a proposed form of order substantially similar to Exhibit A, XXXx shall submit to the Court—and Novartis shall not oppose in any court, including on appeal—a motion (the “Preliminary Approval Motion”including:
a) requesting entry of an order preliminarily approving this Settlement, and authorizing dissemination of notice to the End-Payor Class (the “Preliminary Approval Order”) substantially in the form of Exhibit A hereto. The Preliminary Approval Motion shall, inter alia:
a. request preliminary approval of the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. 23, and in the best interests finding that dissemination of the End-Payor Class;
b. request a schedule for a hearing by the Court after the notice period has expired to approve the Settlement and to consider EPP Counsel’s applications for attorneys’ fees, reimbursement of costs and expenses, and service awards as set forth in this Settlement Agreement;
c. request a stay of all proceedings against Novartis in the End-Payor Class Action until such time as the Court renders a final decision regarding the approval of the Settlement as described below in Paragraph 5, except those proceedings provided for or required by this Settlement Agreement;
d. seek approval of an escrow agreement regarding the Settlement consideration described below in Paragraph 7;
e. seek approval for notice to the End-Payor Class substantially in the form attached hereto as Exhibit B; include a proposed form of order (substantially in the form attached as is warranted;
b) finding that the proposed plan of notice complies with Rule 23 and the requirements of due process, and seeking approval of short- and long-form notices;
c) preliminarily approving the Plan of Allocation;
d) providing that if final approval of the Settlement is not obtained, the Settlement shall be null and void, and the Settling Parties will revert to their positions ex ante without prejudice to their claims or defenses; and
f. seek certification of the End-Payor Class as defined in Paragraph e) setting a date for purposes of settlement. After the Court preliminarily approves the Settlementa motion for final approval, XXXx shalla deadline for objections and exclusions, in accordance with the Preliminary Approval Order, provide End-Payor Class members with notice of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure substantially in the form attached hereto as Exhibit B.and a date for a fairness hearing.
Appears in 1 contract
Samples: Settlement Agreement