Common use of Order of Preliminary Approval Clause in Contracts

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 necessary to provide notice to the Settlement Class Members and to otherwise implement this Settlement..

Order of Preliminary Approval. 3.1 As soon as practicable after the execution of this the Settlement Agreement, Plaintiff will move Proposed Class Counsel and Jerome’s Counsel shall jointly submit this Settlement Agreement to the Court and concurrently 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 D, or an order substantially similar to such form in both terms and cost, requesting, inter alia: a) certification of the Settlement Class for settlement purposes only pursuant to Section 2.8; 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 Approval and Application for Plaintiff Service Award and Attorneys’ Fees and Costs; d) appointment of Proposed Class Counsel as Class Counsel; e) appointment of Plaintiff as Class Representative; f) approval of the notice of settlement (“Notice”) substantially similar to the one attached hereto as Exhibit B which shall include, inter alia, 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 the Claims Administrator jointly agreed to by the Settling Parties; and h) approval of a claim form substantially similar to that attached hereto as Exhibit A. 3.2 Proposed Class Counsel and Jerome’s Counsel shall request that after notice is completed, the Court hold a hearing (the “Final Fairness Hearing”) no sooner that one-hundred fifty (150) days after the 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 determine whether to grant final approval of the Settlement); b. the Court preliminarily approve the Settlement settlement as well as requested attorneys’ fees, cost, expenses and this Agreement under FRCP 23(e) a Service Award to Plaintiff 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 herein. 3.3 Jerome’s will also cause 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 Claims 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 necessary to provide notice to the Settlement relevant state and federal governmental officials as required by the Class Members and to otherwise implement this Settlement..Action Fairness Act.

Order of Preliminary Approval. As soon as practicable after the execution of this Settlement 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, the 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 Settlement 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 notice program set forth herein constitutes the best notice practicable under the circumstances and satisfies due process and FRCP 23(e)all applicable California requirements; d. the Court orders OCTA and Cofiroute order SANDAG 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 rule that TCA, OCTA and CofirouteSANDAG’s compliance with the Court’s order to provide the Settlement Class Member Information and TCA Interoperability Subclass Member Information information to the Class Administrator in accordance with this Agreement, including Sections Section 7.01 and 7.02, shall not be a violation of Section Cal. Streets & Hwy Code § 31490 or any other federal, state or local constitution, statute, rule, regulation or policy purporting to limit the disclosure of the personally identifiable informationPII, and issues issue 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, Settlement Agreement and/or the Court ordered Class Notice approved class notice requirements violates Section Cal. Streets & Hwy Code § 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 PII reasonably necessary to provide notice to the Settlement Class Members and to otherwise implement this Settlement... f. the Court specifically indicate its preliminary approval of Section 14 of this Settlement Agreement whereby the Final Settlement Class releases SANDAG from any and all claims that any Final Settlement Class Member could assert arising out of or in any way related to the Defendant’s transmission, collection and/or use of Settlement Class Members’ PII for the purpose of administering this Settlement pursuant to this Settlement Agreement. g. 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, h. the Court set the Claims Deadline, Objection Deadline, and Exclusion Deadline.

Order of Preliminary Approval. As soon as practicable after the execution of this Agreement, Plaintiff will shall move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit A. Pursuant to the Order. In her motion for preliminary approval, the Plaintiff will request that: a. A. the Court conditionally certify the Settlement Class for settlement purposes of only and without prejudice to Bluestem’s right to contest class certification if this Settlement only Agreement is not approved, appoint Plaintiff as Class Representative for settlement purposes only, and appoint Class Counsel (continuing their role, as counsel for the Settlement Class for settlement purposes of the Settlement)only; b. B. the Court preliminarily approve the Settlement settlement and this Agreement under FRCP 23(e) as fair, reasonable adequate, and adequate reasonable, and within the reasonable range of possible final approval; c. C. the Court approve the forms form and contents of Notice Notice, and find that the Notice notice program set forth herein constitutes the best notice practicable under the circumstances and satisfies due process and FRCP 23(e)Rule 23 of the Federal Rules of Civil Procedure; d. D. the Court orders OCTA and Cofiroute to provide direct that Notice be provided 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 TCAClass, 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 Agreement and 7.02, shall not be a violation within thirty (30) days of Section 31490 or any other federal, state or local constitution, statute, rule, regulation or policy purporting to limit the disclosure following entry 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; E. the Court approve the Claims Form and claims procedure described herein for the Settlement Class; F. 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; G. the Court, pending determination of whether the Settlement should be finally approved, bar and enjoin all persons in the Settlement Class, individually, and on a representative basis or other capacity, from commencing or prosecuting against any of their respective officersthe Released Parties any action, agentsarbitration, employees and attorneysor proceeding in any court, arbitration forum or tribunal 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 Released Claims unless they timely opt-out, except that is reasonably necessary to provide notice to members of the Settlement Class Members may participate in any regulatory or government proceeding or investigation; H. the Court, pending final determination of whether the Settlement should be approved, stay all proceedings except those related to effectuating the Settlement; and I. the Court set the Claims Deadline, the Objection Deadline, and to otherwise implement this Settlement..the Opt-Out Deadline.

Order of Preliminary Approval. As soon as practicable after the execution of this Settlement Agreement, Plaintiff will shall move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit A. D. Class Counsel shall prepare the motion for Preliminary Approval and shall provide Defendants a reasonable opportunity to review the motion and supporting papers so they can provide input in advance of filing. Plaintiff shall retain discretion over whether to accept any of Defendants’ comments. Defendants shall file a Statement of Non-Opposition to preliminary settlement approval, but may otherwise respond or object to Plaintiff’s motions and supporting papers in any manner that is not inconsistent with Defendants’ obligations under this Settlement Agreement. Pursuant to the motion for preliminary approval, Plaintiff will request that: a. the Court conditionally certify the Settlement Class for settlement purposes of this Settlement only and appoint Class Counsel (continuing their role, as counsel for the Settlement Class for settlement purposes of the Settlement)only; b. the Court preliminarily approve the proposed settlement and the terms of this Settlement and this Agreement under FRCP 23(e) as fair, reasonable adequate and adequate reasonable, and within the reasonable range of possible final approval; c. the Court preliminarily enjoin Plaintiff and Settlement Class Members (including those acting their behalf) from bringing, joining, or continuing to prosecute Released Claims against Defendants or the Released Parties. d. the Court approve the forms form(s) of Notice and find that the Notice notice program set forth herein constitutes the best notice practicable under the circumstances circumstances, and satisfies due process and FRCP 23(e); d. Rule 23 of the Court orders OCTA and Cofiroute to provide to the Class Administrator the “Settlement Class Member Information” in accordance with Section 7.01Federal Rules of Civil Procedure; e. the Court orders set the Foothill/Eastern Transportation Corridor Agency date and San Xxxxxxx Hills Transportation Corridor Agency (collectively “TCA”) time for the Final Approval Hearing, which may be continued by the Court from time to provide time without the necessity of further notice, to consider objections, if any, to the Class Administrator settlement and to enter the “TCA Interoperability Subclass Member Information” in accordance with Section 7.02Final Approval Order; and f. the Court orders that TCA, OCTA and Cofiroute’s compliance with set 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 7.02Claims Deadline, the Preliminary Approval Order, and/or Objection Deadline and 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 necessary to provide notice to the Settlement Class Members and to otherwise implement this Settlement..Opt- Out Deadline.

Order of Preliminary Approval. As soon as practicable after the execution of this Agreement, Plaintiff will Plaintiffs shall move the Court for entry of an order preliminarily approving the Preliminary Approval Order settlement in substantially the form attached as Exhibit A. Pursuant to #1 (the “Preliminary Approval Order”). As part of the motion for preliminary approval, Plaintiff Plaintiffs will request thatthat the Court: a. the Court conditionally A. certify the Settlement Class for settlement purposes of this Settlement only and only; B. appoint Class Counsel (continuing their roleas counsel for the Settlement Class for settlement purposes only, for purposes of and appoint Plaintiffs as the Settlement)Class Representatives; b. the Court C. preliminarily approve the Settlement settlement and this Agreement under FRCP 23(e) as fair, reasonable adequate, and adequate reasonable, and within the reasonable range of possible final approval; c. the Court D. approve the forms form and content of Notice the notice materials and find that the Notice notice program set forth herein constitutes the best notice practicable under the circumstances and satisfies due process and FRCP 23(eMissouri Supreme Court Rule 52.08; E. authorize dissemination and publication of class notice consistent with the notice program set forth herein; F. approve the claim form (in the form attached hereto as Exhibit #2) (the “Claim Form”); d. G. set the date and time for the hearing on final approval of the settlement (the “Final Approval Hearing”) which may be continued by the Court orders OCTA and Cofiroute from time to provide to time without the Class Administrator the “Settlement Class Member Information” in accordance with Section 7.01necessity of further notice; e. H. set appropriate deadlines, including: 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 deadline 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 necessary to provide notice to the which Settlement Class Members must submit claims, which the Parties agree to request as sixty (60) days after the Notice Date (the “Claims Deadline ”); the deadline by which Settlement Class Members must submit any objections to the settlement, which the Parties agree to request as sixty (60) days after the Notice Date (the “Objection Deadline ”); the deadline by which Settlement Class Members must submit any request to be excluded from the settlement, which the Parties agree to request as sixty (60) days after the Notice Date (the “Opt-Out Deadline ”); and to otherwise implement this Settlement..deadlines for filing papers in connection with the Final Approval Hearing; and I. enjoin all Settlement Class Members from prosecuting separate actions against Defendant asserting any of the claims alleged in the Action.