Common use of Preliminary Approval Motion Clause in Contracts

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. 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. C. 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, and within the reasonable range of possible final approval; (CB) The Court approve the form of Class Notice and the Notice Plan 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 Fed. R. Civ. P. 23; (DC) The Court direct that notice be provided to the Settlement Class, in accordance with this Agreement, within forty-five thirty (4530) days following entry of the Preliminary Approval Order (the “Notice Deadline”); (ED) The Court shall establish approve a procedure for any class Class members to object to the Settlement or exclude themselves from either classSettlement; (FE) 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”); (F) The Court shall approve the Claim Form and the claims process described herein for the Class; (G) The Court shall approve set the claims process described herein Claim Period for the Settlement Classsubmission of Claims to end sixty (60) days after the Notice Deadline; (H) The Court shall, pending determination of whether the Settlement should be finally approved, bar and enjoin all persons in the Settlement Class, individuallydirectly, and on a representative basis or in any 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-outClaims; (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 thirty (6030) days after the Opt-Out and Objection Deadline.

Preliminary Approval Motion. As soon as practical after the Immediately upon execution of this Agreement, and in accordance with the procedures and time schedules below, counsel for all Parties shall prepare and file all appropriate notices, motions, and proposed order forms, as reasonably necessary to obtain both preliminary and final approval of this Settlement Agreement from the Court. All Parties shall cooperate, and as appropriate, shall join with their respective Counsel in seeking to accomplish the following: a. Immediately upon the execution of this Agreement by the Parties, counsel for the Parties shall move either submit or file this Agreement in a manner consistent with the Court’s procedures, along with any and all attachments, requesting preliminary approval from the Court for which shall include a request that the Court approve the mailing of the Class Notice within fourteen (14) days of the entry of an order granting preliminary and/or conditional approval of this Agreement. All Parties shall join in that request, and shall support any order approving this Agreement through any appeal, if necessary; and b. The Preliminary Approval Order shall require and the Notice shall set forth that any objections to this Settlement Agreement must be made in writing, filed with the Court, and served upon Class Counsel as more fully described in paragraph 48, below. The Notice shall further provide that any objection that is not received within the time set by the Court is deemed waived. Class Counsel shall maintain a telephone number that may be called by Class Members who may have questions regarding this Settlement Agreement; and, c. Within ten (10) days after the filing of the Preliminary Approval Order Motion with the Court, Autovest shall serve upon the appropriate state official of each state 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 which a Class for settlement purposes only and appoint Class Counsel for the Class; (B) The Court preliminarily approve this Agreement Member resides and the Settlement reflected herein as fair, adequate and reasonable to appropriate federal official a notice of 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 Classproposed Settlement, in accordance with this Agreementthe requirements of 28 U.S.C. § 1715, within forty-five the Class Action Fairness Act (45“CAFA”) days following entry of the Preliminary Approval Order (the “Notice DeadlineCAFA Notice”); (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) d. The Court Parties shall schedule jointly request a hearing to consider Final Approval of the SettlementSettlement Hearing date, which shall be scheduled no earlier less than sixty (60) 90 days after the Opt-Out and Objection DeadlineCAFA Notice is served.

Preliminary Approval Motion. As soon as practical after the execution of this Agreement, the Parties shall Plaintiff will move the Court for entry of the Preliminary Approval Order. The Preliminary Approval Order in substantially the same form attached as Exhibit 4. Pursuant to the motion for preliminary approval, the Parties will request shall specifically include provisions that: : (Aa) 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; , and within the reasonable range of possible final approval; (Cb) The Court 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 form forms of Class Notice and find that the notice program 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; Mass. Gen. Laws ch. 93A § 9; (Dd) The Court direct that notice be provided to the Settlement Class, in accordance with this Agreement, within forty-five (45) 30 calendar days following entry of the Preliminary Approval Order (the “Notice Deadline”); ; (Ee) The Court shall establish a procedure for any class members persons in the Settlement Class to object to the Settlement or exclude themselves from either class; (F) The Court shall Settlement, and set a deadline sixty (60) date 60 calendar 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”); ; (Gf) The Court shall approve the claims process described herein for the Settlement Class; (H) The Court shall, pending final determination of whether the Settlement should be finally approved, bar and enjoin all enjoin, in accordance with applicable law, persons in the Settlement Class, individuallydirectly, and on a representative basis or in any 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; Claims; (Ig) The Court shall, pending final determination of whether the Settlement should be approved, stay all proceedings in the Action except those related to effectuating effectuation of the Settlement; and and (Jh) The Court shall schedule a hearing to consider on Final Approval of the Settlement, which shall be scheduled no earlier than sixty (60) 30 calendar days after the Opt-Out and Objection Deadline.

Preliminary Approval Motion. As soon 1. Promptly after both Parties execute this Agreement, Class Counsel shall file a motion for preliminary approval, which shall include, without limitation: (i) the proposed Settlement Notice attached hereto as practical after Exhibit A; (ii) the execution proposed Claim Form attached hereto as Exhibit B; (iii) a proposed Preliminary Approval Order; (iv) a fully executed version of this Agreement; and (v) any appropriate or necessary documents, memoranda, affidavits, and/or exhibits for purposes of certifying a Class under Fed. R. Civ. P. 23 and preliminarily approving the Settlement. The proposed Settlement Notice, proposed Claim Form, and proposed Preliminary Approval Order approved by the Parties shall move be submitted with the Court motion for entry the Court’s approval. Defendant shall be given sufficient time to review a draft of the Preliminary Approval Order in substantially motion for preliminary approval before filing to ensure it is consistent with this Agreement. Defendant will not oppose Plaintiffs’ motion, provided it is consistent with the same form attached as Exhibit 4terms of this Agreement. 2. Pursuant to In 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 shall seek the implementation of dates for effectuating 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 terms 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 including: (i) the setting of the Bar Date for individuals to submit Claim Forms, opt out of this Settlement, and/or provide objections to this Settlement, which date will be forty-five (45) days following entry from the initial mailing of the Preliminary Approval Order (the “Settlement Notice Deadline”); (E) The Court shall establish a procedure for any class members to object and Claim Form 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 Class Members by the Settlement or exclude himself or herself or seek to intervene Administrator; and (the “Opt-Out and Objection Deadline”); (Gii) The Court shall approve the claims process described herein a Fairness Hearing 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 Settlement before the Court at the earliest date practicable after the OptBar Date. 3. In the motion for preliminary approval, Class Counsel shall inform the Court of the intended process to obtain a Final Approval Order in accordance with the Court-Out approved schedule so that, at the Fairness Hearing, the Court may, among other things: (i) approve the Settlement as fair, adequate, and Objection Deadlinereasonable; (ii) incorporate the terms of the Released Claims, as described herein; (iii) dismiss the Action with prejudice with respect to Defendant; (iv) approve the Fee & Cost Payments and Service Award; (v) enter a Final Approval Order; and (vi) order any other relief necessary to effectuate this Settlement.