Common use of Preliminary Approval and Provisional Class Certification Clause in Contracts

Preliminary Approval and Provisional Class Certification. Plaintiffs shall file their motion for preliminary approval as soon as reasonably possible. The motion shall request that the Court: (a) preliminarily approve this Agreement as fair, adequate, and reasonable; (b) approve the form, manner, and content of the Full Notice, Email Notice, Publication Notice, Claim Form, and Settlement Purchase Certificate described in Section 3.3 of this Agreement, and attached as Exhibits B–F; (c) set deadlines for the filing of objections to, and exclusions from, the Settlement, for the submission of Claim Forms, for the filing of a motion for final approval of the Settlement and for fees and costs and individual awards for the Named Plaintiffs, and to schedule the date of the Fairness Hearing; (d) provisionally certify the Class under CAL. R. CT. 3.769(d) for settlement purposes only; (e) stay all proceedings in the Action until the Court renders a final decision on approval of the Agreement and sets a briefing schedule for the papers in support of the Final Order; (f) conditionally appoint Named Plaintiffs as the Class Representatives for settlement purposes only; and (g) conditionally appoint the law firms of XxXxxxxx Osefchen Prince, P.C. and Xxxxxx & Xxxxxx as Class Counsel for settlement purposes only. The proposed Preliminary Approval Order shall be substantially similar to the form attached as Exhibit A. Defendants shall be permitted, but not required, to file their own brief or statement of non-opposition in support of the Preliminary Approval and Provisional Class Certification Order.

Preliminary Approval and Provisional Class Certification. Plaintiffs Plaintiff shall file their his motion for preliminary approval of the Settlement Agreement as soon as reasonably possible. The motion shall for preliminary approval of the class action settlement and provisional class certification must request that the CourtCourt to: (a) preliminarily approve this Settlement Agreement as being within the range of possible approval as fair, adequate, and reasonable; (b) preliminarily approve the form, manner, and content of the Full Class Notice, Email Notice, Publication Notice, Claim Form, and Settlement Purchase Certificate described in Section 3.3 of this Agreement, and attached as Exhibits B–F; (c) set deadlines for the filing of objections to, and exclusions from, the Settlement, for the submission of Claim Forms, for the filing of a motion for final approval of the Settlement and for fees and costs and individual awards for the Named Plaintiffs, and to schedule the date and time of the Fairness Hearing; (d) provisionally certify the Class under CAL. R. CT. 3.769(dRule 23(e) for settlement purposes only; (e) stay all proceedings in the Action against Lamps Plus until the Court renders a final decision on approval of the Agreement Settlement and sets a briefing schedule for the papers in support of the Final Order; (f) conditionally appoint Named Plaintiffs Plaintiff as the Class Representatives class representative for settlement purposes only; and (g) conditionally appoint the law firms firm of XxXxxxxx Osefchen Prince, P.C. and Xxxxxx & Xxxxxx as Class Counsel for settlement purposes only. The proposed Preliminary Approval and Provisional Class Certification Order shall must be substantially similar to the form attached as Exhibit A. Defendants Class Counsel must draft the motion papers and give Lamps Plus’s Counsel drafts of the motion and proposed order to review before the motion’s filing and service date/deadline. Lamps Plus shall be permitted, but not required, to file their its own brief or statement of non-opposition in support of the Preliminary Approval and Provisional Class Certification Order.

Preliminary Approval and Provisional Class Certification. Plaintiffs shall file their motion for preliminary approval of the Settlement Agreement as soon as reasonably feasibly possible, and in no event no later than five (5) Court days after the Complaint is filed. The motion shall for preliminary approval of the class action settlement and provisional class certification must request that the CourtCourt to: (a) preliminarily approve this Agreement as fair, adequate, and reasonable;Settlement Agreement. (b) preliminarily approve the form, manner, and content of the Full Notice, Email Notice, Publication Online Media Notice, and Claim Form, and Settlement Purchase Certificate Form described in Section Sections 3.3 and 3.6 of this Settlement Agreement, and attached as Exhibits B–FB - E; (c) set deadlines for the filing of objections to, and exclusions from, the Settlement, for the submission of Claim Forms, for the filing of a motion for final approval of the Settlement and for fees and costs and individual awards for the Named Plaintiffs, and to schedule the date and time of the Fairness Hearing; (d) provisionally certify the Class under CAL. R. CT. 3.769(dRule 23(b)(3) of the Federal Rules of Civil Procedure, for settlement purposes only; (e) find that TCP has complied with 28 U.S.C. § 1715(b); (f) stay all proceedings in the Action against TCP until the Court renders a final decision on approval of the Agreement Settlement and sets a briefing schedule for the papers in support of the Final Order; (fg) conditionally appoint Named Plaintiffs as the Class Representatives class representatives for settlement purposes only; and (gh) conditionally appoint the law firms firm of XxXxxxxx Osefchen PrinceXxxxxxx Xxxxx Sweet Xxxxxxx & Xxxxxxxxx, P.C. and Xxxxxx & Xxxxxx LLP as Class Counsel for settlement purposes only. The proposed Preliminary Approval and Provisional Class Certification Order shall must be substantially similar to the form attached as Exhibit A. Defendants Class Counsel must draft the motion papers and give TCP’s Counsel drafts of the motion and proposed order to review at least ten (10) calendar days before the motion’s filing and service date/deadline. TCP shall be permitted, but not required, to file their its own brief or statement of non-opposition in support of the Preliminary Approval and Provisional Class Certification Order.

Preliminary Approval and Provisional Class Certification. Plaintiffs shall file their motion for preliminary approval of the Settlement Agreement as soon as reasonably feasibly possible. The motion shall for preliminary approval of the class action settlement and provisional class certification must request that the Court: (a) preliminarily approve this Agreement as fair, adequate, and reasonableSettlement Agreement; (b) preliminarily approve the form, manner, and content of the Full Notice, Email Notice, Publication Postcard Notice, Claim FormStore Notice, and Settlement Purchase Certificate Claim Form described in Section 3.3 of this Settlement Agreement, and attached as Exhibits B–B – F; (c) set deadlines for the filing of objections to, and exclusions from, the Settlement, for the submission of Claim Forms, for the filing of a motion for final approval of the Settlement and for fees and costs and individual awards for the Named Plaintiffs, and to schedule the date and time of the Fairness Hearing; (da) provisionally certify the Class under CAL. R. CT. 3.769(d) for settlement purposes only; (ed) stay all proceedings in the Action against Guess until the Court renders a final decision on approval of the Agreement Settlement and sets a briefing schedule for the papers in support of the Final Order; (fe) conditionally appoint Named Plaintiffs as the Class Representatives for settlement purposes only; and (gf) conditionally appoint the law firms of XxXxxxxx Osefchen Prince, P.C. Xxxxx-Xxxxx & Xxxxx and Xxxxxx & Xxxxxx Xxxxxxxxxxx Law A.P.C. as Class Counsel for settlement purposes only. The proposed Preliminary Approval and Provisional Class Certification Order shall must be substantially similar to the form attached as Exhibit A. Defendants shall be permitted, but not required, to file their own brief or statement of non-opposition in support Class Counsel must draft the motion papers and give Guess’s Counsel drafts of the Preliminary Approval motion and Provisional Class Certification Order.proposed order to review at least five