Preliminary Approval and Final Approval Sample Clauses

Preliminary Approval and Final Approval. 4.1 This Agreement shall be subject to approval of the Court. As set forth in Section 14, Defendant shall have the right to terminate this Agreement if the Court does not approve all material aspects of this Agreement. 4.2 Plaintiffs, through Class Counsel, shall file an unopposed motion for entry of an Order conditionally certifying the Settlement Class, granting Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, approving the Class Notice and Claim Form, appointing Class Counsel and Plaintiffs as the Class Representatives, and for entry of the Preliminary Approval Order. The Preliminary Approval Order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Program set forth in Section 6.3. The Preliminary Approval Order shall also authorize the Parties, without further approval from the Court, to agree to and adopt such amendments, modifications and expansions of this Agreement and its implementing documents (including all exhibits to this Agreement) so long as they are consistent in all material respects with the terms of the Final Order and Judgment set forth below and do not limit or impair the rights of the Class. 4.3 The Parties shall request that the Final Approval Hearing be scheduled approximately one hundred twenty-five (125) Days after entry of the Preliminary Approval Order and that the Court approve the Settlement of the Google Photos BIPA Cases as set forth herein. 4.4 Within fourteen (14) Days after the Objection and Exclusion Deadline, or by another date if directed by the Court, Plaintiffs shall: (a) move for final approval of the Settlement;
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Preliminary Approval and Final Approval. As soon as practicable after the execution of the Settlement Agreement, Class Counsel shall 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 D, or an order substantially similar to such form, requesting, inter alia:
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Preliminary Approval and Final Approval. 6.01 As soon as practicable after the execution of the Settlement Agreement, Class Counsel shall 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 A, or an order substantially similar to such form, requesting, inter alia: (i) certification of the Settlement Class for settlement purposes only; (ii) preliminary approval of the Settlement Agreement as being within the range of reasonableness such that notice of the Settlement should be provided pursuant to this Agreement; (iii) the scheduling of a Final Approval Hearing; (iv) appointment of Xxxx Xxxxxxx and Xxxxxxx X. Xxxx of Xxxxxx & Xxxxxxx, PC, Xxxx Xxxxxx Xxxxxx of Xxxxxx & Xxxxxx, and Xxxxx Xxxxxxxxxxx and Xxxxx X. Xxxx, Esq. of Xxxxxxxxx Law Group, APC as Class Counsel; (v) appointment of the Representative Plaintiffs as settlement class representatives; (vi) approval of the Notice Program; (vii) approval of a publication notice form (“Publication Notice”) substantially similar to the one attached hereto as Exhibit B and long form notice (“Long Notice”) 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 Settlement Claims to the extent contemplated herein, and the date, time and place of the Final Approval Hearing; (viii) appointment of the Settlement Administrator; and (ix) approval of a claim form substantially similar to that attached hereto as Exhibit D.
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Preliminary Approval and Final Approval. 70. Plaintiffs, through Class Counsel, shall submit this Settlement Agreement, together with its exhibits, to the Court and shall move the Court for Preliminary Approval of the settlement set forth in this Settlement Agreement, certification of the Settlement Class, appointment of Class Counsel and the Class Representative, and entry of the Preliminary Approval Order, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Plan. 71. At the time of the submission of this Settlement Agreement to the Court as described above, the Parties shall request that, after Notice is given, the Court hold a Final Approval Hearing approximately 160 days after entry of the Preliminary Approval Order and approve the settlement of the Action as set forth herein. 72. At least fourteen days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiffs will move for (1) final approval of the Settlement; (2) final appointment of the Class Representatives and Class Counsel; and (3) final certification of the Settlement Class, including for the entry of a Final Order and Judgment identical in all material respects to the proposed Final Order and Judgment, and file a memorandum in support of the motion for final approval.
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Preliminary Approval and Final Approval. 3 1. On April 22, 2021, the Named Plaintiffs shall submit to the Court a Motion 4 5 Approval Motion shall seek the setting of dates for opt-outs, objections, and a Fairness Hearing 6 and shall present this Agreement and all Exhibits thereto, including the [Proposed] Order 7 Granting Preliminary Approval attached hereto as Exhibit E. 8 2. The Parties, through their respective counsel, agree to use their best efforts 9 on a joint basis to obtain prompt entry of the Preliminary Approval Order. The Parties, through 10 their respective counsel, also agree to recommend to the Court on a joint basis that, in their 11 respective professional opinions, the Settlement Agreement is reasonable and appropriate, in the 12 best interests of justice, that the Parties have bargained for the terms in the Settlement Agreement, 13 and that no section or subsection of this Settlement Agreement should be modified or stricken. 14 3. If Preliminary Approval is granted, a briefing schedule and Final Approval 15 Hearing date will be set, and the Parties will propose that the Court hold the Final Approval 16 Hearing approximately 90 days after Preliminary Approval is granted. 17 4. The Named Plaintiffs shall file a Motion for Final Approval and for 18 Certification of the Settlement Class. The Motion will be due fifteen (15) days before the close of 19 the Objection Period and Opt-Out Period, and the Named Plaintiffs may file reply briefing in 20 support of Final Approval one week after the close of the Objection Period and Opt-Out Period.
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Preliminary Approval and Final Approval. 6.1 Promptly after the execution of this Settlement Agreement, Class Counsel shall submit this Settlement Agreement together with its Exhibits to the Court and shall move the Court for preliminary approval of the settlement set forth in this Settlement Agreement by entry of a Preliminary Approval Order substantially in the form of Exhibit 2, which order shall, inter alia, (a) Preliminarily approve the Settlement Agreement; (b) Appoint Xxxx Xxxxx Xxxxxx of Cotchett, Pitre, & XxXxxxxx LLP and Xxxxxxx
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Preliminary Approval and Final Approval. A. On or before November 6, 2012, Plaintiffs will move the Court for entry of the Preliminary Approval Order. 1. As part of the motion for preliminary approval, Plaintiffs shall ask the Court to enter an order (a) preliminarily certifying the Class as provided for in this Settlement Agreement; (b) appointing Xxxxxx Xxxxx, LLP, Xxxxx Xxxxxxxx Sellers & Toll PLLC and XxXxxx Xxxxx Xxxxxxx as Class Counsel; and (c) appointing Xxxxx Xxxxxxxx, Xxx Xxxxxxxx, Xxxxxx Xxxxxxx, Xxxxx Xxxxx and Xxxxxxxx Xxxxxxxxx as the class representatives. 2. Plaintiffs shall also ask the Court to enter an order requiring any Class Member who wishes to opt-out of the settlement to serve a written Request for Exclusion on Class Counsel, which must be postmarked or delivered by the deadline set by the Court. Such opt-out rights may only be exercised individually by a Class Member personally and not by another acting in a representative capacity. Any such exclusion request shall include: (i) the Member’s full name and current address and telephone number, (ii) the Member’s Club membership number, (iii) the Member’s personal signature, and (iv) a specific and clear statement of his or her desire to be excluded from the settlement. Failure to comply with these requirements will result in the Class Member being bound by the terms of the Settlement Agreement. Any Class Member who timely excludes themselves from the settlement shall not be bound by the Settlement Agreement, may not file an objection to the settlement and shall be deemed to have waived any rights or benefits under the Settlement Agreement. 3. Plaintiffs shall also ask the Court to enter an order requiring any Class Member who wishes to have his or her objection to the settlement or the attorneys’ fee and expense award considered by the Court to file with the Court a written notice of objection and contemporaneously serve Class Counsel and Defendants’ Counsel by the deadline set by the Court. Such right to object may only be exercised individually by a Class Member. To state a valid objection to the settlement or the requested attorneys’ fee and expense award, an objecting Class Member must provide the following information in his or her written objection: (i) the Member’s full name and current address and telephone number, (ii) the Member’s Club membership number, (iii) the Member’s personal signature, (iv) a specific and clear statement of the position(s) the objector wishes to assert, including the factual and legal groun...
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Preliminary Approval and Final Approval 
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Related to Preliminary Approval and Final Approval

  • Preliminary Approval A. As soon as practicable after this Agreement is fully executed, for settlement purposes only, the Plaintiffs and Co-Lead Counsel shall request the Court to make preliminary findings, enter the Preliminary Approval Order granting conditional certification of the Class, subject to final findings and ratification in the Final Order and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft Preliminary Approval Order, the Plaintiffs shall request the Court to enter an order: 1. preliminarily approving and finding this Agreement and the Settlement as being fair, reasonable, and adequate; 2. conditionally certifying the Litigation as a settlement class action under Rule 23(b)(3) and (e) of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class; 4. preliminarily approving the form, manner, and content of the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the Class Members of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil Procedure; 5. appointing the Settlement Administrator to send Class Notice and administer the Settlement; 6. providing that Class Members will have until a date certain to object to or file a request for exclusion from the Settlement, as provided herein;

  • Final Approval Hearing “Final Approval Hearing” shall mean the hearing at which the Court will consider and finally decide whether to enter the Final Judgment.

  • Final Approval After Acceptance, Engineer shall perform any required modifications, changes, alterations, corrections, redesigns, and additional work necessary to receive Final Approval by the County. "Final Approval" in this sense shall mean formal recognition that the Engineering Services have been fully carried out.

  • Regulatory Approval 25.1 The Parties understand and agree that this Agreement and any amendment or modification hereto will be filed with the Commission for approval in accordance with Section 252 of the Act and may thereafter be filed with the FCC. The Parties believe in good faith and agree that the services to be provided under this Agreement are in the public interest. Each Party covenants and agrees to fully support approval of this Agreement by the Commission or the FCC under Section 252 of the Act without modification.

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