Preliminary Approval Motion. A. On such date as directed by the Court, Plaintiffs’ Counsel will file the Preliminary Approval Motion. In connection with the Preliminary Approval Motion, Plaintiffs’ Counsel will submit to the Court an executed copy of this Agreement; the proposed Allocation Plan; a proposed Notice; a proposed Preliminary Approval Order; and a proposed Claim Form. The proposed Preliminary Approval Order will request that the Rule 23 Class be certified for settlement purposes and will include the findings required by Federal Rule of Civil Procedure 23(a) and 23(b)(3). The Preliminary Approval Motion also will seek the setting of date(s) for individuals to opt out of this Action, or provide objections to this Agreement, which period shall begin upon the initial mailing of the Notice to Class Members and conclude thirty (30) days before the Fairness Hearing. The Preliminary Approval Motion will also seek the setting of a Fairness Hearing for Final Approval of the settlement at the earliest practicable date.
B. In the Preliminary Approval Motion, Plaintiffs’ Counsel will inform the Court of the intended process to obtain a Final Approval that will, inter alia: (1) approve the proposed settlement, including the Allocation Plan, as fair, adequate and reasonable; (2) incorporate the terms of the Release, as described herein; (3) dismiss the Action with prejudice; (4) award Plaintiffs’ Counsel fees and costs; and (5) award a Service Award to the Named Plaintiff as more fully set forth herein. Plaintiffs’ Counsel will provide a draft of the Preliminary Approval Motion to Defendants’ Counsel for review and comment prior to filing so that the Parties can jointly file the Preliminary Approval Motion. In the event Defendants do not agree to jointly file the Preliminary Approval Motion, Defendants agree not to oppose the relief sought in the Preliminary Approval Motion to the extent that it seeks the relief set forth in B.(1)-(5) above once filed, and Defendants reserve the right to submit their own Preliminary Approval Motion or otherwise respond to Plaintiffs’ Preliminary Approval Motion.
C. If the Court denies the Preliminary Approval Motion, unless the Parties jointly agree to seek reconsideration of the ruling or to seek Court approval of a renegotiated settlement, the Action will resume as if no settlement had been attempted.
D. The Parties will work together, diligently and in good faith, to obtain expeditiously a Preliminary Approval Order, Final Approval Order, and Final Jud...
Preliminary Approval Motion. As soon as practical after the execution of this Agreement, the Parties shall move the Court for entry of the Preliminary Approval Order in substantially the same form attached as Exhibit 4. Pursuant to the motion for preliminary approval, the Parties will request that:
(A) The Court conditionally certify the Settlement Class for settlement purposes only and appoint Class Counsel for the Class;
(B) The Court preliminarily approve this Agreement and the Settlement reflected herein as fair, adequate and reasonable to the Settlement Class;
(C) The Court approve the form of Class Notice and find that the notice program constitutes the best notice practicable under the circumstances, provides due and sufficient notice to the Settlement Class and fully satisfies the requirements of due process and Federal Rule of Civil Procedure 23;
(D) The Court direct that notice be provided to the Settlement Class, in accordance with this Agreement, within forty-five (45) days following entry of the Preliminary Approval Order (the “Notice Deadline”);
(E) The Court shall establish a procedure for any class members to object to the Settlement or exclude themselves from either class;
(F) The Court shall set a deadline sixty (60) days after the Notice Deadline, after which no one shall be allowed to object to the Settlement or exclude himself or herself or seek to intervene (the “Opt-Out and Objection Deadline”);
(G) The Court shall approve the claims process described herein for the Settlement Class;
(H) The Court shall, 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 the Released Parties in any action, arbitration, or proceeding in any court, arbitration forum or tribunal asserting any of the Released Claims unless they timely opt-out;
(I) The Court shall, pending final determination of whether the Settlement should be approved, stay all proceedings except those related to effectuating the Settlement; and
(J) The Court shall schedule a hearing to consider Final Approval of the Settlement, which shall be scheduled no earlier than sixty (60) days after the Opt-Out and Objection Deadline.
Preliminary Approval Motion. “Preliminary Approval Motion” means the motion Plaintiffs file in support of the Court’s preliminary approval of the Settlement.
Preliminary Approval Motion. Promptly following execution of this Settlement Agreement, but no later than thirty (30) days following the execution of this Settlement Agreement, Plaintiff will move the Court for entry of the Preliminary Approval Order, which shall specifically include provisions that: (1) preliminarily approve the settlement reflected herein as fair, adequate, reasonable, and within the reasonable range of possible final approval; (2) conditionally certify the Settlement Class for settlement purposes only and appoint Class Counsel as counsel for the Settlement Class and Plaintiff as Class Representative; (3) approve the form of Class Notice and find that the Notice Plan set forth herein is appropriate and constitutes the best notice reasonable and practicable under the circumstances, is due and sufficient notice to the Settlement Class, and fully satisfies the requirements of due process and Federal Rule of Civil Procedure 23; (4) establish a procedure for putative Settlement Class Members to object to the settlement or exclude themselves from the Settlement Class, and set a date following entry of the Preliminary Approval Order, after which no one shall be allowed to object to the settlement or opt- out/exclude himself or herself from the Settlement Class or seek to intervene in the Action; (5) approve the Claim Form and the claims submission process described herein; (6) finally certify the Settlement Class; (7) pending final determination of whether the settlement should be approved, bar all persons in the Settlement Class, directly, on a representative basis, or in any other capacity from commencing or prosecuting against any of the Released Parties any action, arbitration, or proceeding in any court, arbitration forum, or tribunal asserting any of the Released Claims; (8) authorize the Parties, without further approval from the Court, to agree to and adopt such conforming amendments, modifications, and expansions of the Settlement Agreement and its implementing documents (including all exhibits to this Settlement Agreement) so long as they are consistent in all material respects with the terms of the Final Approval Order and Judgment; (9) pending final determination of whether the settlement should be approved, stay all proceedings in the Action, except those related to the effectuation of the settlement; and (10) schedule a Final Approval Hearing no earlier than 100 days after entry of the Preliminary Approval Order, or such other time as the Court shall set. Def...
Preliminary Approval Motion. Not later than ten (10) court days after execution of this Agreement, Plaintiff shall file a motion seeking preliminary approval of this Settlement Agreement (the “Preliminary Approval Motion”), which shall include: (1) the proposed Notice;
Preliminary Approval Motion. On or before October 5, 2020, or such other date as agreed upon by the Parties and approved by the Court, Plaintiffs will move the Court for entry of the Preliminary Approval Order, which shall specifically include provisions that: (a) preliminarily approve the Settlement reflected herein as fair, adequate and reasonable to the Settlement Class, and within the reasonable range of possible final approval; (b) conditionally certify the Settlement Class for settlement purposes only and appoint Class Counsel as counsel for the Settlement Class for settlement purposes only; (c) approve the forms of Class Notice and find that the Notice Program constitutes the best notice practicable under the circumstances, provides due and sufficient notice to the Settlement Class and fully satisfies the requirements of due process and Federal Rule of Civil Procedure 23; (d) direct that notice be provided to the Settlement Class, in accordance with this Agreement, within forty-five (45) days following entry of the Preliminary Approval Order (the “Notice Deadline”); (e) establish a procedure for Settlement Class Members to object to the Settlement or exclude themselves from the Settlement Class; (f) set a deadline sixty
Preliminary Approval Motion. Plaintiffs will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearing, and approving the Class Notice.
Preliminary Approval Motion. As soon as practicable after the execution of this Agreement, Plaintiffs’ Counsel shall move the Court for an order substantially in the form of Exhibit C hereto, which shall specifically include provisions that: (a) preliminarily approve the Settlement memorialized in this Agreement as fair, reasonable and adequate; (b) certify the Settlement Classes as defined herein for settlement purposes only; (c) set a date for a Final Approval Hearing; (d) approve the proposed Class Notice that is attached as Exhibit A, and authorize its dissemination to Settlement Class Members; (e) set deadlines consistent with this Agreement for mailing of the Class Notice, opting out of or objecting to the Settlement, and filing papers in connection with the Final Approval Hearing; (f) appoint Settlement Class Representatives as class representatives and Class Counsel as counsel for the Settlement Classes; and (g) approve the appointment of the Settlement Administrator.
Preliminary Approval Motion. As soon as practical, Plaintiffs will move the Court for entry of the Preliminary Approval Order, attached hereto as Exhibit B. The Preliminary Approval Order shall provide, inter alia, that:
4.2.1 The settlement proposed in the Agreement has been negotiated at arm’s-length and is preliminarily determined to be fair,
4.2.2 The Notice fully complies with the requirements of Rule 23 and due process, constitutes the best notice practicable under the circumstances, and is due and sufficient notice to all persons entitled to notice of this Agreement;
4.2.3 The Settlement Class is conditionally certified, with the Plaintiffs serving as class representatives, and the Class Counsel serving as Settlement Class counsel, on the condition that the certification and designations shall be automatically vacated if the Settlement is terminated or is disapproved in whole or in part by the Court, any appellate court, or any of the Parties;
4.2.4 A final hearing on the settlement proposed in this Agreement shall be held before the Court to determine whether the proposed settlement is fair, reasonable, and adequate, and whether it should be approved by the Court (“Fairness Hearing”);
4.2.5 In further aid of the Court’s jurisdiction to review, consider, implement and enforce the settlement, Plaintiffs and members of the Settlement Class, and all persons acting or purporting to act directly or derivatively on behalf if a person in the Settlement Class, are preliminarily enjoined and barred from commencing, prosecuting, or otherwise litigating, in whole or
Preliminary Approval Motion. At the earliest practicable time, Plaintiff shall file with the Court a Motion for Order Granting Preliminary Approval and supporting papers, which shall include this Settlement Agreement. Any dispute regarding forms of notices and other documents necessary to implement the Settlement contained in the Stipulation, if not timely resolved among the Parties, shall be referred to the Court. The Parties shall seek a prompt hearing date to obtain preliminary approval of the Settlement.
