Order of Preliminary Approval. As soon as practicable after the execution of this Agreement, Plaintiffs will move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit D. Pursuant to the motion for preliminary approval, the Plaintiffs will request that:
a. the Court conditionally certify the Settlement Class for purposes of this Settlement only and appoint Class Counsel as counsel for the Class for settlement purposes only;
b. the Court preliminarily approve the Settlement and this Agreement as fair, adequate, and reasonable, and within the reasonable range of possible final approval;
c. the Court approve the forms of Notice and find that the notice program set forth herein constitutes the best notice practicable under the circumstances, and satisfies due process and Rule 23 of the Federal Rules of Civil Procedure;
d. the Court set the date and time for the Final Approval Hearing, which may be continued by the Court from time to time without the necessity of further notice; and,
e. the Court set the Claims Deadline, the Objection Deadline, and the Opt- Out Deadline.
Order of Preliminary Approval. On , Plaintiffs shall move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit D. Pursuant to the motion for preliminary approval, the Plaintiff will request that the Court:
A. Conditionally certify the Class for settlement purposes only;
B. Conditionally appoint Class Counsel as counsel for the Class for settlement purposes only and conditionally appoint Plaintiffs as the Class Representatives;
C. Preliminarily approve the settlement and this Agreement as fair, adequate and reasonable, and within the reasonable range of possible final approval;
D. Approve the form of Notice and find that the notice program set forth herein constitutes the best notice practicable under the circumstances and satisfies due process and Rule 23 of the Federal Rules of Civil Procedure;
E. Authorize dissemination and publication of the Notice to the Class consistent with the notice program;
F. Approve the claim form;
G. Set the date and time for the Final Approval Hearing, which may be continued by the Court from time to time without the necessity of further notice; and
H. Set appropriate deadlines, including:
(i) the deadline for filing Class Counsel’s motion for attorneys’ fees (14 days prior to the expiration of the Objection Deadline);
(ii) the Objection Deadline (90 days after entry of the Preliminary Approval Order); Approval Order);
(iii) the Claims Deadline (120 days after entry of the Preliminary
(iv) the deadline for Class Counsel to move for entry of the Final Approval Order (150 days after entry of the Preliminary Approval Order); and
(v) the Final Approval Hearing (no later than 28 days after Class Counsel has moved for entry of the Final Approval Order, provided, however, that the Final Approval Hearing shall not occur until at least 28 days after the conclusion of the Claims Deadline); and
I. Enjoining all Class Members from prosecuting separate actions against Defendant asserting any of the claims alleged in the Action.
Order of Preliminary Approval. As soon as practicable after the execution of this Agreement, Plaintiff will move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit A. Pursuant to the motion for preliminary approval, Plaintiff will request that:
a. the Court conditionally certify the Settlement Class for purposes of this Settlement only and appoint Class Counsel (continuing their role, for purposes of the Settlement);
b. the Court preliminarily approve the Settlement and this Agreement under FRCP 23(e) as fair, reasonable and adequate and within the reasonable range of possible final approval;
c. the Court approve the forms of Notice and find that the Notice program set forth herein constitutes the best notice practicable under the circumstances and satisfies due process and FRCP 23(e);
d. the Court orders OCTA and Cofiroute to provide to the Class Administrator the “Settlement Class Member Information” in accordance with Section 7.01;
e. the Court orders the Foothill/Eastern Transportation Corridor Agency and San Xxxxxxx Hills Transportation Corridor Agency (collectively “TCA”) to provide to the Class Administrator the “TCA Interoperability Subclass Member Information” in accordance with Section 7.02; f. the Court orders that TCA, OCTA and Cofiroute’s compliance with the Court’s order to provide the Settlement Class Member Information and TCA Interoperability Subclass Member Information to the Class Administrator in accordance with this Agreement, including Sections 7.01 and 7.02, shall not be a violation of Section 31490 or any other federal, state or local constitution, statute, rule, regulation or policy purporting to limit the disclosure of the personally identifiable information, and issues an order enjoining any Settlement Class Member from filing or pursuing any claim or litigation against OCTA, Cofiroute, TCA, 3M Company, BRiC, and any other person or entity who provides information to the Class Administrator pursuant to the Preliminary Approval Order, and any of their respective officers, agents, employees and attorneys, asserting that any act taken in compliance with the obligations imposed by this Agreement, including Sections 7.01 and 7.02, the Preliminary Approval Order, and/or the Court ordered Class Notice requirements violates Section 31490 or any other federal, state or local constitution, statute, rule, regulation or policy purporting to limit the disclosure of the personally identifiable information that is reasonably n...
Order of Preliminary Approval. As soon as practicable after the execution of this Agreement, Plaintiffs will move the Court for entry of the Preliminary Approval Order in substantially similar form as the proposed order attached as Exhibit A. In the motion for preliminary approval, Plaintiffs will request that the Court:
a. preliminarily approve the Settlement and this Agreement as fair, adequate, and reasonable and within the reasonable range of possible final approval;
b. approve the forms of Notice and find that the notice program constitutes the best notice practicable under the circumstances and satisfies due process and Rule 23 of the Federal Rules of Civil Procedure;
c. set the date and time for the Fairness Hearing, which may be continued by the Court from time to time without further notice; and,
d. set the Claims Deadline, Objection Deadline, and Exclusion Deadline.
Order of Preliminary Approval. Within 14 days after this Agreement is fully 10 executed, Plaintiffs will file an unopposed motion that the Court enter an Order of Preliminary 11 Approval of Class Action Settlement in substantially the same form attached as Exhibit A.
Order of Preliminary Approval. Within 14 days after this Agreement is fully executed, counsel for the Parties will jointly request that the Court enter an Order of Preliminary Approval of Class Action Settlement in substantially the same form attached as Exhibit A.
Order of Preliminary Approval. As soon as practicable after the execution of this Agreement, Plaintiffs shall move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit A. Pursuant to the motion for preliminary approval, Plaintiffs will request that the Court:
a. find it will likely be able to approve the Settlement as fair, reasonable, and adequate;
b. preliminarily certify the Class and California Subclass for settlement purposes only;
c. approve the form, content, and manner of Class Notice and find that the notice program set forth in this Agreement constitutes the best notice practicable under the circumstances, and satisfies due process and Rule 23 of the Federal Rules of Civil Procedure;
d. direct that Class Notice be sent to the Class and California Subclass;
e. appoint Angeion as the Claims Administrator;
f. set the date and time for the Final Approval Hearing, which may be continued by the Court from time to time without the necessity of further notice to the Class and California Subclass except for an update to the Settlement Website; and
g. set the Claims Deadline, the Objection Deadline, and the Opt- Out Deadline.
Order of Preliminary Approval. As soon as practicable after the execution of this Agreement, and in any event on or before September 8, 2016, Plaintiffs shall move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit D. Defendants shall not oppose the motion for preliminary approval. Pursuant to the motion for preliminary approval, the Plaintiffs will request that:
a. the Court conditionally certify the Class for settlement purposes only and appoint Class Counsel as counsel for the Class for settlement purposes only;
b. the Court preliminarily approve the settlement and this Agreement as fair, adequate and reasonable, and within the reasonable range of possible final approval;
c. the Court approve the form(s) of Notice and find that the notice program set forth herein constitutes the best notice practicable under the circumstances, and satisfies due process and Rule 23 of the Federal Rules of Civil Procedure;
d. the Court set the date and time for the Final Approval Hearing, which may be continued by the Court from time to time without the necessity of further notice; and,
e. the Court set the Claims Deadline, the Objection Deadline and the Opt- Out Deadline.
Order of Preliminary Approval. As soon as practicable after the execution of this Agreement, the Parties shall move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit C. Pursuant to the Motion for Preliminary Approval, the Parties will request that:
(a) the Court preliminarily approve the Settlement and this Agreement as fair, adequate and reasonable, and within the reasonable range of possible final approval;
(b) the Court approve the form of Notice and find that the notice program set forth herein constitutes the best notice practicable under the circumstances, and satisfies due process and Rule 23 of the Federal Rules of Civil Procedure; and,
(c) the Court set the date and time for the Final Fairness Hearing, which may be continued by the Court from time to time without the necessity of further notice.
Order of Preliminary Approval. As soon as practicable after the execution of this Settlement Agreement, the Parties will jointly prepare, and Plaintiff will file, a motion for entry of the Preliminary Approval Order, giving preliminary approval of the Settlement, appointing the Class Representative and Class Counsel, approving and authorizing dissemination of the Class Notice and Claim Form, and setting a date for the Final Approval Hearing (the “Motion for Preliminary Approval”). The Parties will jointly appear at the hearing on preliminary approval and support the Unopposed Motion.
