Common use of MOTION FOR PRELIMINARY APPROVAL Clause in Contracts

MOTION FOR PRELIMINARY APPROVAL. On or before February 12, 2018, Plaintiffs shall file with the Court a motion for preliminary approval of the Settlement. The motion for preliminary approval shall request the entry of a preliminary approval order (the “Preliminary Approval Order”). The Preliminary Approval Order shall include: (i) a proposed finding that preliminary approval of the Settlement is fair, reasonable, and adequate within the meaning of Rule 23 of the Federal Rules of Civil Procedure; (ii) approval of a notice plan, including appointment of a notice administrator, to provide notice of the settlement to members of the Class; (iii) approval of an escrow agreement (the “Escrow Agreement”) and appointment of an escrow agent (the “Escrow Agent”); and (iv) a schedule for a final approval hearing by the Court, after the notice period has expired, to approve the settlement and to consider Plaintiffs’ counsel’s applications for attorneys’ fees and expenses and service awards as set forth in this Settlement Agreement. Allergan will not oppose the grant of the Preliminary Approval Order and shall not be required to play any role in the preparation and submission of the motions for approval of the settlement (either preliminary or final approval) other than to review and approve the motion papers and to state, if requested by the Court or Plaintiffs to do so, that (a) the settlement negotiations were at arm’s length at all times, (b) there were several back-and-forth offers of settlement and counter-offers between the parties over a multi-week period in person, and by telephone, (c) there was no discussion of attorneys’ fees, and (d) there were no commitments to Plaintiffs or to Class Counsel other than what is set forth in this Settlement Agreement. In the event that the Court preliminarily approves the Settlement, Plaintiffs shall, in accord with the Preliminary Approval Order, provide Class members with notice of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure in the form and manner approved by the Court.

MOTION FOR PRELIMINARY APPROVAL. On or before February 12, 2018, Named Plaintiffs shall file the Motion for Preliminary Approval of the Settlement and proposed Order Granting Preliminary Approval of the Settlement with the Court supporting papers, a draft of which will be timely provided to Xxxx’s counsel for approval prior to filing with the Court. The Parties shall jointly agree upon the timing for that filing, the Motion to be filed with the Court, the Settlement Administrator, and the timing for any preliminary or final approval hearings requested in the Motion. Named Plaintiffs shall seek the Court’s permission to enter the Second Amended Complaint for Settlement, without material variation from Exhibit C, and Lyft shall consent to such amendment pursuant to California Rule of Civil Procedure 472(a). The Second Amended Complaint for Settlement shall be submitted concurrently with the submission of the motion for preliminary approval of the Settlement. The motion for preliminary approval shall request the entry of a preliminary approval order (the “Preliminary Approval Order”). The Preliminary Approval Order shall include: (i) a proposed finding Settlement so that preliminary such complaint may be entered promptly upon approval of the Settlement is fair, reasonableCourt. Obtaining the Court’s approval to file the Second Amended Complaint for Settlement, and adequate within the meaning of Rule 23 subsequent prompt entry of the Federal Rules Second Amended Complaint for Settlement, are material conditions of Civil Procedure; (ii) approval of a notice plan, including appointment of a notice administrator, to provide notice of the settlement to members of the Class; (iii) approval of an escrow agreement (the “Escrow Agreement”) and appointment of an escrow agent (the “Escrow Agent”); and (iv) a schedule for a final approval hearing by the Court, after the notice period has expired, to approve the settlement and to consider Plaintiffs’ counsel’s applications for attorneys’ fees and expenses and service awards as set forth in this Settlement Agreement. Allergan will not oppose The Parties agree that the grant filing of the Preliminary Approval Order and shall not be required to play any role in the preparation and submission of the motions Second Amended Complaint for approval of Settlement will streamline the settlement (either preliminary or final approval) other than process and ensure that more money can be paid to review Settlement Class Members by saving the costs of multiple notice and approve the motion papers approval processes. The Parties further agree and to statestipulate that, if requested by for any reason the Court Settlement does not become Final or Plaintiffs the Effective Date does not occur, the Second Amended Complaint for Settlement shall be stricken from the record and the operative complaint shall revert to do so, the filed complaint that (a) preceded the settlement negotiations were at arm’s length at all times, (b) there were several back-and-forth offers of settlement and counter-offers between the parties over a multi-week period in person, and by telephone, (c) there was no discussion of attorneys’ fees, and (d) there were no commitments to Plaintiffs or to Class Counsel other than what is set forth in this Settlement AgreementSecond Amended Complaint for Settlement. In the event The Parties agree that the Court may enter the Order Granting Preliminary Approval, without material variation from Exhibit B except as otherwise permitted by this Agreement, preliminarily approves approving the SettlementSettlement and this Agreement. Among other things, Plaintiffs shall, in accord with the Order Granting Preliminary Approval Order, provide Class members with notice of shall preliminarily certify the Settlement Class for settlement purposes only; approve Xxxx Xxxxxxxx, Xxxxxx Xxxxxx, and Xxxxxxx XxXxxxxx as class representatives; appoint Class Counsel to represent the Settlement Class; appoint the Settlement Administrator; approve the Notice(s) of Class Settlement; approve the requirements for objecting to the Settlement and excluding individuals from the Settlement Class, as provided in this Agreement; provide that certification and all actions associated with certification are undertaken on the condition that the certification and other actions shall be automatically vacated if this Agreement is terminated, as provided in this Agreement; preliminarily enjoin all Named Plaintiffs, Settlement Class Members, and their legally authorized representatives, unless and until they submit a timely Exclusion Request pursuant to Rule 23 this Agreement, from filing or otherwise participating in any other suit based on the Named Plaintiffs’ General Released Claims or Settlement Class Members’ Released claims, or from attempting to effect an opt-out of a group, class, or subclass of individuals; and schedule the Federal Rules of Civil Procedure in the form and manner approved by the CourtFinal Approval Hearing.

MOTION FOR PRELIMINARY APPROVAL. On or before February 12, 2018, Plaintiffs shall The Parties agree to jointly prepare and file with the Court a motion for preliminary approval of (“Motion for Preliminary Approval”) that complies with the SettlementCourt’s current checklist for Preliminary Approvals. The motion Plaintiff’s Responsibilities. Plaintiff will prepare and deliver to Defense Counsel all documents necessary for preliminary approval shall request the entry of a preliminary approval order (the “obtaining Preliminary Approval Order”). The Preliminary Approval Order shall includeApproval, including: (i) a proposed finding draft of the notice, and memorandum in support, of the Motion for Preliminary Approval that preliminary approval includes an analysis of the Settlement is fair, reasonable, and adequate within the meaning of Rule 23 of the Federal Rules of Civil Procedureunder Dunk/Xxxxxx; (ii) approval of a notice plan, including appointment of a notice administrator, to provide notice of the settlement to members of the Classdraft proposed Order Granting Preliminary Approval; (iii) approval of an escrow agreement (the “Escrow Agreement”) and appointment of an escrow agent (the “Escrow Agent”)a draft proposed Class Notice; and (iv) a schedule signed declaration from the Administrator attaching its “not to exceed” bid for administering the Settlement and attesting to its willingness to serve; competency; operative procedures for protecting the security of Class Data; amounts of insurance coverage for any data breach, defalcation of funds or other misfeasance; all facts relevant to any actual or potential conflicts of interest with Class Members; and the nature and extent of any financial relationship with Plaintiff, Class Counsel or Defense Counsel; (v) a final approval hearing signed declaration from Plaintiff confirming willingness and competency to serve and disclosing all facts relevant to any actual or potential conflicts of interest with Class Members, [and/or] the Administrator; (v) a signed declaration from each Class Counsel firm attesting to its competency to represent the Class Members; and all facts relevant to any actual or potential conflict of interest with Class Members, the Administrator; (vi) a redlined version of the parties’ Agreement showing all modifications made to the Model Agreement ready for filing with the Court; In their Declarations, Plaintiff and Class Counsel Declaration shall aver that they are not aware of any other pending matter or action asserting claims that will be extinguished or adversely affected by the Court, after the notice period has expired, to approve the settlement and to consider Plaintiffs’ counsel’s applications for attorneys’ fees and expenses and service awards as set forth in this Settlement Agreement. Allergan will not oppose the grant of the Preliminary Approval Order and shall not be required to play any role in the preparation and submission of the motions for approval of the settlement (either preliminary or final approval) other than to review and approve the motion papers and to state, if requested by the Court or Plaintiffs to do so, that (a) the settlement negotiations were at arm’s length at all times, (b) there were several back-and-forth offers of settlement and counter-offers between the parties over a multi-week period in person, and by telephone, (c) there was no discussion of attorneys’ fees, and (d) there were no commitments to Plaintiffs or to Class Counsel other than what is set forth in this Settlement Agreement. In the event that the Court preliminarily approves the Settlement, Plaintiffs shall, in accord with the Preliminary Approval Order, provide Class members with notice of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure in the form and manner approved by the Court.

MOTION FOR PRELIMINARY APPROVAL. On or before February 12, 2018, Named Plaintiffs shall file the Motion for Preliminary Approval of the Settlement and proposed Order Granting Preliminary Approval of the Settlement with the Court supporting papers, a draft of which will be timely provided to Lyft’s counsel for approval prior to filing with the Court. The Parties shall jointly agree upon the timing for that filing, the Motion to be filed with the Court, the Settlement Administrator, and the timing for any preliminary or final approval hearings requested in the Motion. Named Plaintiffs shall seek the Court’s permission to enter the Second Amended Complaint for Settlement, without material variation from Exhibit C, and Lyft shall consent to such amendment pursuant to California Rule of Civil Procedure 472(a). The Second Amended Complaint for Settlement shall be submitted concurrently with the submission of the motion for preliminary approval of the Settlement. The motion for preliminary approval shall request the entry of a preliminary approval order (the “Preliminary Approval Order”). The Preliminary Approval Order shall include: (i) a proposed finding Settlement so that preliminary such complaint may be entered promptly upon approval of the Settlement is fair, reasonableCourt. Obtaining the Court’s approval to file the Second Amended Complaint for Settlement, and adequate within the meaning of Rule 23 subsequent prompt entry of the Federal Rules Second Amended Complaint for Settlement, are material conditions of Civil Procedure; (ii) approval of a notice plan, including appointment of a notice administrator, to provide notice of the settlement to members of the Class; (iii) approval of an escrow agreement (the “Escrow Agreement”) and appointment of an escrow agent (the “Escrow Agent”); and (iv) a schedule for a final approval hearing by the Court, after the notice period has expired, to approve the settlement and to consider Plaintiffs’ counsel’s applications for attorneys’ fees and expenses and service awards as set forth in this Settlement Agreement. Allergan will not oppose The Parties agree that the grant filing of the Preliminary Approval Order and shall not be required to play any role in the preparation and submission of the motions Second Amended Complaint for approval of Settlement will streamline the settlement (either preliminary or final approval) other than process and ensure that more money can be paid to review Settlement Class Members by saving the costs of multiple notice and approve the motion papers approval processes. The Parties further agree and to statestipulate that, if requested by for any reason the Court Settlement does not become Final or Plaintiffs the Effective Date does not occur, the Second Amended Complaint for Settlement shall be stricken from the record and the operative complaint shall revert to do so, the filed complaint that (a) preceded the settlement negotiations were at arm’s length at all times, (b) there were several back-and-forth offers of settlement and counter-offers between the parties over a multi-week period in person, and by telephone, (c) there was no discussion of attorneys’ fees, and (d) there were no commitments to Plaintiffs or to Class Counsel other than what is set forth in this Settlement AgreementSecond Amended Complaint for Settlement. In the event The Parties agree that the Court may enter the Order Granting Preliminary Approval, without material variation from Exhibit B except as otherwise permitted by this Agreement, preliminarily approves approving the SettlementSettlement and this Agreement. Among other things, Plaintiffs shall, in accord with the Order Granting Preliminary Approval Order, provide Class members with notice of shall preliminarily certify the Settlement Class for settlement purposes only; approve Xxxx Xxxxxxxx, Xxxxxx Xxxxxx, and Xxxxxxx XxXxxxxx as class representatives; appoint Class Counsel to represent the Settlement Class; appoint the Settlement Administrator; approve the Notice(s) of Class Settlement; approve the requirements for objecting to the Settlement and excluding individuals from the Settlement Class, as provided in this Agreement; provide that certification and all actions associated with certification are undertaken on the condition that the certification and other actions shall be automatically vacated if this Agreement is terminated, as provided in this Agreement; preliminarily enjoin all Named Plaintiffs, Settlement Class Members, and their legally authorized representatives, unless and until they submit a timely Exclusion Request pursuant to Rule 23 this Agreement, from filing or otherwise participating in any other suit based on the Named Plaintiffs’ General Released Claims or Settlement Class Members’ Released claims, or from attempting to effect an opt-out of a group, class, or subclass of individuals; and schedule the Federal Rules of Civil Procedure in the form and manner approved by the CourtFinal Approval Hearing.

MOTION FOR PRELIMINARY APPROVAL. On or before February 12, 2018, Named Plaintiffs shall file with the Court a motion Motion for preliminary approval of the Settlement. The motion for preliminary approval shall request the entry of a preliminary approval order (the “Preliminary Approval Order”). The Preliminary Approval Order shall include: (i) a proposed finding that preliminary approval of the Settlement is fair, reasonable, and adequate within the meaning of Rule 23 proposed Order Granting Preliminary Approval of the Federal Rules Settlement with the supporting papers, a draft of Civil Procedure; (ii) which will be timely provided to Defendant’s Counsel for approval of a notice planprior to filing with the court. The Parties shall jointly agree upon the timing for that filing, including appointment of a notice administrator, the Motion to provide notice of the settlement to members of the Class; (iii) approval of an escrow agreement (the “Escrow Agreement”) and appointment of an escrow agent (the “Escrow Agent”); and (iv) a schedule for a final approval hearing by be filed with the Court, after the notice period has expiredClaims Administrator, to approve and the settlement and to consider Plaintiffs’ counsel’s applications timing for attorneys’ fees and expenses and service awards as set forth in this Settlement Agreement. Allergan will not oppose the grant of the Preliminary Approval Order and shall not be required to play any role in the preparation and submission of the motions for approval of the settlement (either preliminary or final approval) other than to review and approve approval hearings requested in the motion papers and to state, if requested by the Court or Plaintiffs to do so, that (a) the settlement negotiations were at arm’s length at all times, (b) there were several back-and-forth offers of settlement and counter-offers between the parties over a multi-week period in person, and by telephone, (c) there was no discussion of attorneys’ fees, and (d) there were no commitments to Plaintiffs or to Class Counsel other than what is set forth in this Settlement AgreementMotion. In the event The Parties agree that the Court may enter the Order Granting Preliminary Approval, without material variation from Exhibit B, preliminarily approves approving the Settlement and this Agreement. Among other things, the Order Granting Preliminary Approval shall grant leave to preliminarily certify the Settlement Class for settlement purposes only; approve the Named Plaintiffs as class representatives; appoint Class Counsel to represent the Settlement Class; appoint the Claims Administrator; approve the Notice of Class Settlement, Plaintiffs shallwithout material variation from Exhibit A; approve the requirements for objecting to the Settlement and excluding individuals from the Settlement Class, as provided in accord this Agreement; provide that certification and all actions associated with certification are undertaken on the Preliminary Approval Ordercondition that the certification and other actions shall be automatically vacated in this Agreement is terminated, as provided in this Agreement; provide Class members with notice that the filing of the Amended Complaint for Settlement, and response needed by Defendant, can occur on the condition that the filing, response and any other related actions shall be automatically vacated in this Agreement is terminated, as provided in this Agreement; preliminarily enjoin all Settlement Class Members and their Legally Authorized Representatives, unless and until they submit a timely request for exclusion pursuant to Rule 23 this Agreement, from filing or otherwise participating in any other suit based on the Settlement Class Members’ Released claims, or from attempting to effect an opt-out of a group, class, or subclass of individuals, and schedule the Federal Rules of Civil Procedure in the form and manner approved by the CourtFinal Approval Hearing.