PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT. 2. Upon review of the record, the Court preliminarily finds that the Settlement Agreement resulted from arm’s-length negotiations between highly experienced counsel and falls within the range of possible approval. The Court hereby preliminarily approves the Settlement Agreement, subject to further consideration at the Fairness Hearing described below. The Court preliminarily finds that the settlement encompassed by the Settlement Agreement raises no obvious reasons to doubt its fairness and provides a reasonable basis for presuming that the Settlement Agreement satisfies the requirements of Rules 23(c)(2) and 23(e) of the Federal Rules of Civil Procedure and due process so that an appropriate notice of the Settlement Agreement should be given, subject to the Court’s approval of a notice plan as provided in this Order.
PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT. 1. The Court finds for the purposes of preliminary approval that the proposed settlement, as set forth in the Parties’ Settlement Agreement, is fair, reasonable, adequate, and in the best interests of the Class. The Court further finds that the Settlement was entered into at arm’s length by highly experienced counsel and with the assistance of a highly experienced and respected mediator. The Court therefore preliminarily approves the proposed Settlement.
PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT. 1. This Court has jurisdiction over this action and each of the parties to the Settlement Agreement. Upon review of the record, the Court finds that the proposed Settlement Agreement, which was arrived at by arm’s-length negotiations by highly experienced counsel, falls within the range of possible approval and is hereby preliminarily approved, subject to further consideration at the Court’s Fairness Hearing. The Court preliminarily finds that the Settlement encompassed by the Settlement Agreement raises no obvious reasons to doubt its fairness, and raises a reasonable basis for presuming that the Settlement and its terms satisfy the requirements of Federal Rules of Civil Procedure 23(c)(2) and 23(e) and due process so that Notice of the Settlement should be given.
PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT. 3. This Court has jurisdiction over this action and each of the parties to the Settlement Agreement.
PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT. 1. The Settlement Agreement, attached to Plaintiffs’ Unopposed Motion for Preliminary Approval (“Motion for Preliminary Approval”) as Exhibit 1 is incorporated fully herein by reference. The definitions used in the Settlement Agreement are adopted in this Order and shall have the same meaning ascribed in the Settlement Agreement.
PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT. 10 1. Plaintiffs’ Motion is GRANTED. For purposes of this Order, except as 11 otherwise indicated herein, the Court adopts and incorporates the definitions contained in the 12 Settlement Agreement.
PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT. 1. The terms of the Settlement Agreement dated July 12, 2017, including all exhibits thereto (the “Settlement Agreement”), which is attached to the Motion as Exhibit 2, are preliminarily approved as fair, reasonable and adequate, are sufficient to warrant sending notice to the Class, and are subject to further consideration thereof at the Fairness Hearing referenced below. This Preliminary Approval Order (“Order”) incorporates herein the Settlement Agreement, and all of its exhibits and related documents. Unless otherwise provided herein, the terms defined in the Settlement Agreement shall have the same meanings in this Order.
PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT. 1. The terms of the Settlement Agreement and Release, dated [DATE], including all Exhibits thereto (the “Agreement”), attached to the Motion, are hereby preliminarily approved, subject to further consideration thereof at the Fairness Hearing provided for below. This Order
PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT. 7. The terms of the Settlement, including its proposed release, are preliminarily approved as within the range of fair, reasonable, and adequate, and are sufficient to warrant providing notice of the Settlement to the Settlement Class in accordance with the Notice Program, and are subject to further and final consideration at the Final Approval Hearing provided for below. In making this determination, the Court considered the fact that the Settlement is the product of arm’s-length negotiations facilitated by a neutral mediator and conducted by experienced and knowledgeable counsel, the current posture of the Action, the benefits of the Settlement to the Settlement Class, and the risk and benefits of continuing litigation to the Settling Parties and the Settlement Class.
PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT. The Plaintiffs will file a Motion for Preliminary Approval of Settlement Agreement within 30 days of execution of this Agreement by the parties. Defendants will join in support of this motion.
