Preliminary Approval Order. “Preliminary Approval Order” means the order of the Court preliminarily approving this Settlement Agreement.
Preliminary Approval Order. “Preliminary Approval Order” means the order entered and filed by the Court that preliminarily approves the terms and conditions of this Agreement, including without limitation the manner and content of providing notice to the Class.
Preliminary Approval Order. The Parties agree to petition the Court after execution of this Settlement Agreement for a preliminary order approving the Settlement Agreement (the “Preliminary Approval Order”). A copy of the order agreed to by the Parties is attached as Exhibit E. That order shall provide, inter alia, that:
a. the settlement proposed in the Settlement Agreement has been negotiated at arms-length and is preliminarily determined to be fair, reasonable, adequate, and in the best interests of the Settlement Class;
b. the Notice Program and Class Notice fully comply with the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process, constitutes the best notice practicable under the circumstances, and is due and sufficient notice to all persons entitled to notice of the settlement of this lawsuit;
c. the Settlement Class defined herein be certified, and that the Settlement Class Representatives, Settlement Class Counsel, Co-Lead Class Counsel as defined herein be appointed on the condition that the certification and designations shall be automatically vacated if the Settlement Agreement is terminated or is disapproved in whole or in part by the Court, any appellate court, or any of the Parties;
d. a final hearing on the settlement proposed in this Settlement 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; and
e. in aid of the Court’s jurisdiction to implement and enforce the proposed settlement, Plaintiffs and all Settlement Class Members shall be preliminarily enjoined and barred from commencing or prosecuting any action asserting any of the Released Claims as defined above in paragraphs 12 and 13, either directly, representatively, derivatively, or in any other capacity, whether by a complaint, counterclaim, defense, or otherwise, in any local, state, or federal court, or in any agency or other authority or forum wherever located. Any person or entity who knowingly violates such injunction shall pay the costs and attorneys’ fees incurred by the Parties and/or as a result of the violation. Nothing in this paragraph shall be construed to prevent a Settlement Class Member from presenting objections to this Court regarding the Settlement Agreement in accordance with paragraph 22.
Preliminary Approval Order. Plaintiffs will petition the Court for a preliminary order approving the Settlement Agreement (the “Preliminary Approval Order”) promptly after the Settlement Agreement has been fully executed. A copy of the proposed Preliminary Approval Order is attached as Exhibit D.
Preliminary Approval Order. The Order of Preliminary Approval of Settlement to be entered by the Court substantially in the form attached as Exhibit 1.
Preliminary Approval Order. As soon as practicable after execution of this Agreement, Class Counsel shall submit this Agreement together with all exhibits referenced herein to the Court, and shall apply to the Court for entry of the Preliminary Approval Order in the form of Exhibit 5 attached hereto. The proposed Preliminary Approval Order shall, among other things:
a. preliminarily approve this Agreement (subject to the Final Approval Hearing) as fair and reasonable;
b. preliminarily certify the Settlement Class for settlement purposes only;
c. appoint Plaintiff’s undersigned counsel as Class Counsel;
d. appoint Plaintiff as the Class Representative;
e. appoint KCC as the Settlement Administrator;
f. set a schedule for proceedings concerning final approval of this Settlement, including, but not limited to, scheduling a Final Approval Hearing date, which the parties shall request to be set no earlier than two hundred and twenty days (220) days after entry of the Preliminary Approval Order;
g. approve the manner and form of Class Notice and authorize same for dissemination in accordance with Section 7 of this Agreement;
h. approve the manner in which, and deadline by which, Persons in the Settlement Class may submit a Request for Exclusion as described in Sections 2.41 and 10.1 of this Agreement;
i. set a time and date for objections by Parties and Class Members and a Final Approval Hearing, which may be continued from time to time without the necessity of further notice, the opt-out deadline and the Objection Deadline;
j. the Court’s Preliminary Approval Order shall reflect that the Parties’ agree that this Settlement does not amount to an admission of liability and that the Settlement is not admissible in any future lawsuit to suggest any TCPA liability or that a class would be appropriately certified;
Preliminary Approval Order. This matter having come before the Court on Plaintiff’s Unopposed Motion in Support of Preliminary Approval of Class Action Settlement (the “Motion”), the Court having reviewed in detail and considered the Motion and memorandum in support of the Motion, the Class Action Settlement Agreement (“Settlement Agreement”) between Plaintiff Xxxxx Xxxxxxx and Defendant UKG, Inc. (together, the “Parties”), and all other papers that have been filed with the Court related to the Settlement Agreement, including all exhibits and attachments to the Motion and the Settlement Agreement, and the Court being fully advised in the premises, IT IS HEREBY ORDERED AS FOLLOWS:
Preliminary Approval Order. The order of the Court preliminarily approving the terms and conditions of this Agreement as contemplated by this Agreement which is substantially in the form as the proposed order attached as Exhibit 3 hereto.
Preliminary Approval Order. Class Counsel agrees that the proposed Preliminary Approval Order to be filed together with the Motion for Preliminary Approval in the Action will be in substantially the same form as Exhibit 3. The Proposed Preliminary Approval Order shall (i) preliminarily approve the Settlement memorialized in this Agreement as fair, reasonable, and adequate, including the material terms of this Settlement; (ii) set a date for a Final Fairness Hearing; (iii) state that if Final Approval of the Settlement is not obtained, the Settlement is null and void, and the Parties will revert to their positions ex ante without prejudice to their rights, claims, or defenses; (iv) approve the proposed Class Notice in the forms attached hereto as Exhibits 1 and 2, and authorize their dissemination to the Settlement Class; (v) set deadlines consistent with this Settlement Agreement for emailing and/or mailing of the Class Notice, the filing of objections, the filing of motions, and the filing of papers in connection with the Final Fairness Hearing; (vi) appoint and approve the Class Representative, Class Counsel, and the Settlement Administrator;
Preliminary Approval Order. Class Counsel agrees that the proposed Preliminary Approval Order, which will be filed with the Motion for Preliminary Approval, will be attached to that motion. The Preliminary Approval Order shall: (i) preliminarily approve the Settlement memorialized in this Agreement as fair, reasonable, and adequate, including the material terms of this Settlement; (ii) set a date for a Final Approval Hearing; (iii) state that if Final Approval of the Settlement is not obtained, the Settlement is null and void, and the Parties will revert to their positions ex ante without prejudice to their rights, claims, or defenses; (iv) approve the proposed Notices in the forms attached as Exhibits 1-3, and authorize Notice dissemination to the Settlement Class; (v) set deadlines consistent with this Agreement for emailing and mailing of the Notice, the filing of opt-outs and objections, the filing of motions, and the filing of papers in connection with the Final Approval Hearing; (vi) appoint and approve the Settlement Administrator; (vii) set the deadline by which Plaintiff and Class Counsel shall file their Motion for Final Approval, which shall be no later than thirty (30) days prior to the original date set for the Final Approval Hearing;
