Preliminary Approval by the Court. 4.1 The Parties shall cooperate, assist, and undertake all reasonable actions to accomplish the steps contemplated by this Altria Class Settlement Agreement and to implement this Altria Class Settlement Agreement on the terms and conditions provided herein.
4.2 Promptly after the execution of this Altria Class Settlement Agreement, and no later than fourteen (14) days following the Execution Date, the Class Plaintiffs shall submit a motion to the Court for preliminary approval of this Altria Class Settlement Agreement and to direct notice to the Settlement Class (the “Preliminary Approval Motion”), seeking entry of the Preliminary Approval Order. For purposes of settlement only, Altria will not oppose this motion but will reserve its rights.
4.3 Pursuant to the Class Action Fairness Act (“CAFA”), no later than ten (10) days after this Altria Class Settlement Agreement is filed with the Court, Altria shall cause the Class Settlement Administrator to timely serve proper notice of the proposed settlement upon those who are entitled to such notice pursuant to CAFA, including to the “appropriate State officials” and to the “appropriate Federal officials” as those terms are defined in CAFA.
4.4 Either before or on the same day that Class Plaintiffs file the Preliminary Approval Motion, the Parties shall submit to the Court, and any other appropriate courts, if necessary, unopposed motions to stay during the pendency of the settlement proceedings contemplated by this Altria Class Settlement Agreement (i) the underlying proceedings against Altria, (ii) the commencement and/or prosecution of any and all actions and proceedings (including discovery) against Altria brought by anyone for any Settlement Class Released Claims against Altria, including any actions brought on behalf of or through any Settlement Class Members, and (iii) any appeals initiated by Altria related to the Settlement Class Released Claims. Any stay will remain effective during the pendency of the settlement proceedings contemplated by this Altria Class Settlement Agreement unless modified by further order of the Court or any other appropriate courts, or until such point that this matter is resolved, and the stayed proceedings shall be dismissed with prejudice.
4.5 In the event the Court does not enter a Preliminary Approval Order, then any party may terminate this Altria Class Settlement Agreement. If a party terminates this Altria Class Settlement Agreement, the terms and provisions of this Altr...
Preliminary Approval by the Court. Within ten (10) days after the execution of this Agreement, Plaintiffs will file a motion with the Court seeking an Order Granting Preliminary Approval, as defined above. If the Court denies this motion, for any reason, the Parties jointly agree to seek reconsideration of the ruling or seek Court approval of a renegotiated settlement. If the Litigation resumes, the case will proceed as if no settlement had been attempted, and Defendants reserve and retain the right to contest whether this case should be maintained as a class action and to contest the merits of the claims being asserted by Plaintiffs in this Litigation.
Preliminary Approval by the Court. Within 14 calendar days of the execution of this Agreement, Plaintiffs will submit to the Court a Motion for Preliminary Approval of the Class Action Settlement and Collective Action Settlement (“Preliminary Approval Motion”). In the Preliminary Approval Motion, Class Counsel will inform the Court of the intended process to obtain a “Final Approval Order” and a “Judgment of Dismissal” that will, among other things: (a) approve the settlement as fair, adequate and reasonable; (b) incorporate the terms of the Release, as described herein; (b) dismiss the Litigation with prejudice; (d) award Class Counsel fees and costs; and (e) award Service Awards to Named Plaintiffs as more fully set forth herein.
Preliminary Approval by the Court. The Parties shall petition the Denver County District Court for preliminary approval of this Agreement and for notice to be sent to the Class Members as specified herein. The Parties will submit this Stipulation and a [proposed] Preliminary Approval Order.
Preliminary Approval by the Court. Within 21 days of the execution of this Agreement by all Parties, Plaintiffs will submit to the Court a Motion for Preliminary Approval of the Class Action Settlement (“Preliminary Approval Motion”). In connection with the Preliminary Approval Motion, Plaintiffs will submit to the Court, among other things: (a) a proposed Notice(s) of Settlement of the Class Action Lawsuit and Fairness Hearing which are appended hereto as Exhibits A and B, (b) a proposed Order Granting Preliminary Approval and certifying the Illinois Class pursuant to Fed. R. Civ. P. 23, attached hereto as Exhibit C; and (c) a Memorandum of Law in support of the Motion for Preliminary Approval. At least 14 days prior to submission Defendant will have an opportunity to review for Plaintiffs’ compliance with the terms of this Settlement Agreement and provide comments regarding same relating to the Preliminary Approval Motion. The Parties shall work together to finalize these documents in this manner. The Preliminary Approval Motion will include the findings required by Fed. R. Civ. P. 23(a) and 23(b)(3) and will seek the setting of dates for opt-outs, objections, and a Fairness Hearing. Defendant will not oppose the Preliminary Approval Motion so long as Plaintiffs have complied with the terms of this Settlement Agreement.
Preliminary Approval by the Court. The Parties will file this Agreement and supporting documentation with the Court to seek an Order Granting Preliminary Approval.
Preliminary Approval by the Court. The Parties shall apply jointly to the Court for preliminary certification of the Class and preliminary approval of this Settlement. As soon as practicable after the Court preliminarily certifies a Class as defined herein and preliminarily approves this Settlement, the Parties shall promptly execute this Settlement Agreement. Each party shall fully cooperate and contribute to the joint request for approval of the Settlement. The Parties shall seek the entry of the Preliminary Approval Order substantially in the form attached hereto as Exhibit B, asking the Court to:
A. Determine that the Court has jurisdiction over this Action and all aspects of this Settlement;
B. Certify the Class as defined herein for purposes of settlement only, pursuant to Fed. R. Civ. P. 23(e);
C. Preliminarily approve this Settlement Agreement, including a preliminary finding that its terms are fair, reasonable, and adequate and in the best interests of the Class as a whole, and that its terms satisfy Federal Rule of Civil Procedure 23(e) and due process requirements;
D. Direct that as soon as possible, but no later than forty-five (45) calendar days of the Court’s issuance of the Final Judgment and Order, monies constituting the Class Fund shall be released by the District of Columbia to the Class Administrator, to be placed in an account. However, no funds may be distributed to the Class Representatives or Claimants without (a) preliminary and final certification of the Class pursuant to the provisions of Rule 23(b)(3) of the Fed. R. Civ. P.; (b) the entry of a Final Order and Judgment by the Court; and (c) the exhaustion of all appeals and any period of time in which an objector or challenger may seek review by way of writ of certiorari to the Supreme Court of the United States;
E. Direct that, the Class Administrator shall: (a) cause the Detailed Notice and Claim Forms, and, where applicable, the Post Card Notices, to be mailed to all individuals whom the Parties have identified through reasonable effort, during informal discovery, and have mutually agreed may fall within the Class Definition, as reflected in the records of ORM and the D.C. Department of Human Resources, whose addresses can be reasonably ascertained from the District’s records and other reliable sources and to each other Purported Class Member who requests a Detailed Notice and Claim Form, along with a postage pre-paid return envelope; (b) cause the Newspaper Notices to be published as described in this Settleme...
Preliminary Approval by the Court. The Parties shall petition the Federal District Court for the Western District of Missouri for preliminary approval of this Agreement and for notice to be sent to the Class Members as specified herein. The Parties will submit this Agreement along with a motion for preliminary and final approval of this Agreement.
Preliminary Approval by the Court. The Parties shall petition the Arapahoe County District Court for preliminary approval of this Agreement and for notice to be sent to the Class Members as specified herein. The Parties will submit this Stipulation and a [proposed] Preliminary Approval Order.
Preliminary Approval by the Court. Within twenty-eight (28) days of the execution of 18 this Agreement, Plaintiffs shall submit to the Court a Motion for Preliminary Approval of the Settlement (“Preliminary Approval Motion”). The Preliminary Approval Motion 19 shall seek the setting of dates for objections, and a Final Approval Hearing and shall present the [Proposed] Order Granting Preliminary Approval consistent with this 20 agreement.
