Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Class Counsel shall submit this Settlement Agreement to the Court as part of an unopposed motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request entry of a Preliminary Approval Order in the form attached hereto as Exhibit D or an order substantially similar, requesting, inter alia:
a) conditional certification of the Exposure Class and Non-Exposure Class for settlement purposes only pursuant to ¶ 2.9;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Class Representative Service Award and Attorney’s Fees and Litigation Costs;
d) appointment of Proposed Class Counsel as Class Counsel;
e) appointment of Representative Plaintiff as Class Representative;
f) approval of a customary form of short notice to be mailed or emailed to Settlement Class Members (“Short-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B and a customary long form notice (“Long-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit C which together shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time and place of the Final Fairness Hearing;
g) appointment of a Claims Administrator, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Parties; and
h) approval of a claim form substantially similar to that attached hereto as Exhibit A. The Notice and Claim Form shall be reviewed by the Claims Administrator and may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class ...
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 8 3.1 As soon as practicable after the execution of the Settlement Agreement, Proposed
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 21 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed 22 Settlement Class Counsel and counsel for Overlake shall jointly submit this Settlement Agreement 24 entry of a Preliminary Approval Order in the form attached hereto as Exhibit D, or an order 25 substantially similar to such form in both terms and cost, requesting, inter alia:
26 a) certification of the Settlement Class for settlement purposes only pursuant 27 to ¶ 2.12;
1 b) preliminary approval of the Settlement Agreement as set forth herein;
2 c) appointment of Proposed Settlement Class Counsel as Settlement Class 3 Counsel;
4 d) appointment of Representative Plaintiff as Class Representative;
5 e) approval of a customary form of short notice to be mailed to Settlement 6 Class Members (the “Short Notice”) in a form substantially similar to the 7 one attached hereto as Exhibit B;
8 f) approval of a customary long form of notice (“Long Notice”) to be posted 9 on the Settlement Website in a form substantially similar to the one 10 attached hereto as Exhibit C, which, together with the Short Notice, shall 11 include a fair summary of the parties’ respective litigation positions, the 12 general terms of the settlement set forth in the Settlement Agreement, 13 instructions for how to object to or opt-out of the settlement, the process 14 and instructions for making claims to the extent contemplated herein, and 15 the date, time and place of the Final Fairness Hearing;
16 g) appointment of Postlethwaite & Xxxxxxxxxxx as the Notice Specialist and
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 19 3.1 As soon as practicable after the execution of the Settlement Agreement, Proposed 20 Settlement Class Counsel and counsel for Pacific Market Research shall jointly submit this 21 Settlement Agreement to the Court and file a motion for preliminary approval of the settlement 22 with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as 23 Exhibit D, or an order substantially similar to such form in both terms and cost, requesting, inter 24 alia:
25 a) certification of the Settlement Class for settlement purposes only pursuant 26 to ¶ 2.10;
27 b) preliminary approval of the Settlement Agreement as set forth herein;
1 c) appointment of Proposed Settlement Class Counsel as Settlement Class
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. As soon as practicable after the execution of the Settlement Agreement, Class Counsel and counsel for CHSPSC shall jointly submit this Settlement Agreement to the Court and file a motion for preliminary approval of the settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit 2, or an order substantially similar to such form in both terms and cost, requesting, inter alia:
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing
