Order of Preliminary Approval and Publishing of Notice of Final 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 Settlement Class for settlement purposes only pursuant to ¶ 2.8;
b) preliminary approval of this Settlement Agreement as set forth herein;
c) the scheduling of a Final Fairness Hearing and briefing schedule for a Motion for Final Approval and for a Motion for Attorneys’ Fees and Expenses and Service Awards;
d) appointment of Proposed Class Counsel as Class Counsel;
e) appointment of Representative Plaintiffs as Class Representatives;
f) approval of a customary form of short notice to be mailed 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 this 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; 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.
Order of Preliminary Approval and Publishing of Notice of Final Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Plaintiff’s Counsel shall submit this Settlement Agreement to the Court as part of a motion for preliminary approval of the Settlement Agreement requesting entry of a mutually agreeable Preliminary Approval Order requesting, inter alia:
a) certification of the Settlement Class for settlement purposes only pursuant to ¶ 2.6;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) appointment of Xxxx X. Xxxxxx and Xxxxxx X. Xxxxx of the law firm FINKELSTEIN, BLANKINSHIP, XXXX-XXXXXXX & XXXXXX, LLP as Class Counsel;
d) appointment of Plaintiff as Class Representative;
e) approval of a customary form of Short Notice to be mailed by first-class United States Postal Service (“USPS”) mail to Settlement Class Members in a form substantially similar to the template attached as Exhibit A hereto;
f) approval of the Long Notice to be posted on the Settlement Website in a form substantially similar to the template attached as Exhibit B hereto, which, together with the Short Notice, shall include a fair summary of the Settling 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, the requested attorneys’ fees, and the date, time and place of the Final Fairness Hearing;
g) approval of the Claim Form to be available on the Settlement Website for submitting claims and available in .pdf format on the Settlement Website for or if specifically requested by the Settlement Class Member, in a form substantially similar to the template attached as Exhibit C hereto; and
h) appointment of Postlethwaite & Xxxxxxxxxxx, APAC, as the Claims Administrator.
