Common use of Order of Preliminary Approval Clause in Contracts

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. On As soon as practicable after the execution of this Agreement, Plaintiffs Plaintiff shall move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit D. E. 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 Plaintiff as the Class RepresentativesRepresentative; C. Preliminarily approve the settlement 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. G. 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) including the Objection Deadline (90 sixty (60) days after entry of the Preliminary Approval Order); Approval Order); (iii) , the Claims Opt-Out Deadline (120 days after entry of the Preliminary sixty (iv60) the deadline for Class Counsel to move for entry of the Final Approval Order (150 days after entry of the Preliminary Approval Order), and deadlines for filing papers in connection with the Final Approval Hearing; 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. H. Enjoining all Class Members from prosecuting separate actions against Defendant asserting any of the claims alleged in the Action.

Order of Preliminary Approval. On 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 D. F. Pursuant to the motion for preliminary approval, the Plaintiff Plaintiffs will request that the Court: A. Conditionally certify the Settlement Class for settlement purposes only; B. Conditionally appoint Class Counsel as counsel for the Settlement 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 Procedurecircumstances; 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. G. Set appropriate deadlines, including: (i) including the deadline for filing loanDepot to provide the list of persons in the Settlement Class Counsel’s motion for attorneys’ fees (14 days prior to the expiration Claims Administrator (fourteen (14) days after entry of Preliminary Approval Order), the Objection Deadlinedeadline for the Short Form Notice to be distributed (thirty (30) days after entry of Preliminary Approval Order); (ii) , the Objection Deadline (90 ninety (90) days after entry of the Preliminary Approval Order); Approval Order); (iii) , the Claims Opt-Out Deadline (120 days after entry of the Preliminary ninety (iv90) the deadline for Class Counsel to move for entry of the Final Approval Order (150 days after entry of the Preliminary Approval Order); and , the Claims Deadline, or last day for Settlement Class Members to submit claims for review (vone hundred thirty-five (135) days after entry of Preliminary Approval Order), deadlines for filing papers in connection with the Final Approval Hearing Hearing, and the Funding Date, or deadline for loanDepot to fund the Settlement Fund (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 fourteen (14) business days after the conclusion of the Claims DeadlineEffective Date); and I. Enjoining all Settlement Class Members from prosecuting separate actions against Defendant loanDepot asserting any of the claims alleged in the Action.

Order of Preliminary Approval. On As soon as practicable after the execution of this Agreement, Plaintiffs Plaintiff shall move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit D. 4. Pursuant to the motion for preliminary approvalPreliminary Approval Motion, the Plaintiff will request that the Court: A. Conditionally a. preliminarily and conditionally certify the Settlement Class for settlement purposes only; B. Conditionally b. preliminarily appoint Class Counsel as counsel for the Settlement Class for settlement purposes only and conditionally appoint Plaintiffs as the Class Representativesonly; C. Preliminarily c. preliminarily approve Plaintiff as Class Representative for settlement purposes only; d. preliminarily approve the settlement Settlement and this Agreement as fair, adequate and reasonable, and within the reasonable range of possible final approval; D. Approve ; approve the form of the Class Notice and find that the notice program set forth herein constitutes the best notice practicable under the circumstances circumstances, and satisfies due process and Rule 23 of the Federal Rules of Civil Procedure; E. Authorize dissemination e. order that Class Notice to be disseminated as set forth in Article IX and publication order that Defendant shall bear all of the Notice to administrative costs associated with implementing and monitoring the Class consistent with the notice Notice program; F. Approve the claim form; G. Set 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; and H. Set appropriate deadlinesg. set the Claims Deadline, 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 and 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 Opt-Out 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. On As soon as practicable after the execution of this 3 Settlement Agreement, Plaintiffs Class Counsel shall move the Court apply for entry of the Preliminary Approval Order in substantially the form attached as of Exhibit D. Pursuant to the motion for preliminary approval, the Plaintiff will request that the CourtA. The proposed Preliminary Approval Order shall include provisions: A. Conditionally certify 6 a. preliminarily certifying the Settlement Class for settlement purposes only; 7 8 b. preliminarily approving this Settlement and finding this Settlement 9 sufficiently fair, reasonable and adequate to allow Notice to be disseminated to the Settlement 10 Class; 11 12 c. approving the form, content, and manner of the Class Notice; B. Conditionally appoint Class Counsel as counsel for the Class for settlement purposes only and conditionally appoint Plaintiffs 13 d. appointing JND Legal Administration as the Class Representatives;Settlement Administrator; 14 C. Preliminarily approve the settlement and 15 e. setting a schedule for proceedings with respect to final approval of this Agreement as fair16 Settlement, 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 including scheduling a 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: Hearing for no earlier than thirty (i30) 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) 17 the deadline for Class Counsel Members to move for file written objections to the settlement. 18 19 f. providing that, pending entry of the a Final Approval Order and Judgment, the 20 Parties shall cooperate in seeking orders that no Settlement Class Member (150 days after entry of the Preliminary Approval Order); and (veither directly, in a 21 representative capacity, or in any other capacity) 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 commence or continue any action against Defendant 22 Lyft or other Released Parties asserting any of the claims alleged in Released Claims; 24 g. staying the Action., other than such proceedings as are related to this 25 Settlement; and 26 1 h. providing that no admissions have been made by Lyft. 2

Order of Preliminary Approval. On Following the execution of this Agreement, the Plaintiffs shall will move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit D. C. Pursuant to the motion for preliminary approval, scheduled to be heard March 5, 2015, the Plaintiff Plaintiffs, with the consent of Life Time, will request that the Courtthat: A. Conditionally a. the Court conditionally certify the Class for settlement purposes b. the Court preliminarily appoint Plaintiffs as Class Representatives for settlement purposes only; B. Conditionally c. the Court preliminarily appoint Class Counsel as counsel for the Class for settlement purposes only and conditionally appoint Plaintiffs as the Class Representativesonly; C. Preliminarily d. the Court preliminarily approve the settlement Settlement and this Agreement as fair, adequate adequate, and reasonable, and within the reasonable range of possible final approval; D. Approve e. the form Court approve the forms of Notice attached as Exhibit B and find that the notice program set forth herein constitutes the best notice practicable under the circumstances circumstances, and satisfies due process and Rule 23 of the Federal Rules of Civil Procedure; E. Authorize dissemination and publication of f. a Final Approval Hearing be scheduled to take place on or after 21 days after the Notice Claims Deadline, subject to the Class consistent with the notice program; F. Approve the claim form; G. Set the date Court’s availability, 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, includingto determine: (i1) Whether the deadline for filing Class Counsel’s motion for attorneys’ fees (14 days prior to the expiration of the Objection Deadline)proposed Settlement should be finally approved as fair, reasonable, and adequate; (ii2) 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 Whether the Final Approval Order and Judgment approving the Settlement and dismissing the Settled Action on the merits and with prejudice should be entered; (150 days after entry 3) Whether Class Counsel’s application for an award of the Preliminary Approval Order)attorneys’ fees and costs should be approved; and (v4) Whether the Final Approval Hearing (no later than 28 days after service awards to the 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.Representatives should be approved;

Order of Preliminary Approval. On As soon as practicable after the execution of this Agreement, Plaintiffs Plaintiff shall move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit D. Order. Pursuant to the motion for preliminary approval, the Class Plaintiff will request that the Court:(and Defendant will not oppose): 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 (A) The Court preliminarily approve the settlement and this Agreement and the Settlement as fair, adequate and reasonable, and within reasonable to the reasonable range of possible final approvalClass; D. Approve (B) The Court approve the form of Class Notice and find that the notice program set forth herein constitutes the best notice practicable under the circumstances circumstances, provides due and sufficient notice to the Settlement Class and fully satisfies the requirements of due process and Federal 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)Procedure 23; (iiC) The Court direct that notice be provided to the Objection Deadline Class, in accordance with this Agreement, within thirty (90 30) days after following entry of the Preliminary Approval Order); Approval Order) (D) The Court establish a procedure for any Class Members to object to the Settlement or exclude themselves from the Settlement Class in accordance with this Agreement; (iiiE) the Claims Deadline The Court set a deadline sixty (120 60) days after entry the mailing of Direct Notice, after which no one will be permitted to object to the Settlement or exclude himself or herself or seek to intervene; (F) The Court approve the Claim Form and the claims process described in this Agreement for the Settlement Class; (G) The Court set the Claim Period for the submission of Claims to end sixty (60) days after the mailing of Direct Notice; (H) The Court, pending determination of whether the Settlement should be finally approved, bar and enjoin all persons in the Class, individually, and on a representative basis or other capacity, from commencing or prosecuting against any of the PreliminaryReleased Parties any action, arbitration, or proceeding in any court, arbitration forum or tribunal asserting any of the Released Claims unless they timely opt-out, except that members of the Class may participate in any regulatory or government proceeding or investigation; (ivI) The Court, pending final determination of whether the deadline for Class Counsel Settlement should be approved, stay all proceedings except those related to move for entry of effectuating the Final Approval Order (150 days after entry of the Preliminary Approval Order)Settlement; and (vJ) the The Court schedule a hearing to consider 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 ActionSettlement.