PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly after the execution of this Settlement Agreement, Class Counsel shall submit this Agreement together with its Exhibits to the Court and shall move the Court for Preliminary Approval of the settlement set forth in this Agreement; certification of the 7.2 At the time of the submission of this Agreement to the Court as described above, Class Counsel shall request that, after Notice is given, the Court hold a Final Approval Hearing and approve the settlement of the Action as set forth herein. 7.3 After Notice is given, the Parties shall request and seek to obtain from the Court a Final Judgment substantially in the form of Exhibit H hereto, which will (among other things): (a) find that the Court has personal jurisdiction over all Settlement Class Members and that the Court has subject matter jurisdiction to approve the Agreement, including all Exhibits thereto; (b) approve the Settlement Agreement and the proposed settlement as fair, reasonable, and adequate as to, and in the best interests of, the Settlement Class Members; direct the Parties and their counsel to implement and consummate the Agreement according to its terms and provisions; and declare the Agreement to be binding on, and have res judicata and preclusive effect in all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and Releasing Parties; (c) find that the Notice implemented pursuant to the Agreement (1) constitutes the best practicable notice under the circumstances; (2) constitutes notice that is reasonably calculated, under the circumstances, to apprise the Settlement Class of the pendency of the Action, their right to object to or exclude themselves from the proposed Agreement, and to appear at the Final Approval Hearing; (3) is reasonable and constitutes due, adequate, and sufficient notice to all persons entitled to receive notice; and (4) meets all applicable requirements of the Federal Rules of Civil Procedure, the Due Process Clause of the United States Constitution, and the rules of the Court; (d) find that the prerequisites for a class action under Fed. R. Civ. P. 23(a) and Fed. R. Civ. P. 23(b) have been satisfied for settlement purposes for the Settlement Class in that: (1) the number of Settlement Class Members is so numerous that joinder of all members thereof is impracticable; (2) there are questions of law and fact common to the Settlement Class Members; (3) the claims of the Class Representative are typical of the claims of...

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 60. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section V, Xxxxxxx House shall have the right to withdraw from the Settlement Agreement if the Court does not approve any material aspects of the Settlement Agreement. 61. Plaintiff, through Class Counsel, shall submit this Settlement Agreement, together with its exhibits, to the Court and shall move the Court for Preliminary Approval of the Settlement set forth in this Settlement Agreement, certification of the Settlement Class, appointment of Class Counsel and the Class Representative, and entry of the Preliminary Approval Order, substantially in the form of Exhibit E, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Plan. 62. At the time of the submission of this Settlement Agreement to the Court as described above, the Parties shall request that, after Notice is given, the Court hold a Final Approval Hearing at least 150 days after entry of the Preliminary Approval Order and approve the settlement of the Litigation as set forth herein. 63. At least fourteen days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff will move for (1) final approval of the Settlement; (2) final appointment of the Class Representatives and Class Counsel; and (3) final certification of the Settlement Class, including for the entry of a Final Approval Order identical in all material respects to the proposed Final Approval Order, and file a memorandum in support of the motion for final approval.

See All (31)

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 2 7.1 Promptly after the execution of this Settlement Agreement, Class Counsel shall 3 submit this Agreement together with its Exhibits to the Court and shall move the Court for 4 Preliminary Approval of the settlement set forth in this Agreement; and entry of a Preliminary 5 Approval Order, which order shall set a Final Approval Hearing date and approve the Notice and 6 Claim Form for dissemination substantially in the form of Exhibits A, B, C, and D hereto. The 7 Preliminary Approval Order shall also authorize the Parties, without further approval from the 8 Court, to agree to and adopt such amendments, modifications and expansions of the Settlement 9 Agreement and its implementing documents (including all exhibits to this Agreement) so long as 10 they are consistent in all material respects with the terms of the Final Judgment and do not limit or 11 impair the rights of the Settlement Class. 12 7.2 At the time of the submission of this Agreement to the Court as described above,

See All (4)

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 9 6.1. Promptly after execution of this Agreement, Class Counsel shall move the Court 10 to enter an order preliminarily approving the Settlement, and attach this Agreement as an exhibit 11 to the motion. The proposed preliminary approval order shall include, among other provisions, a 12 request that the Court: (a) preliminarily appoint Plaintiff, Xxxxx Xxxxxx, Xxxxx Xxxxxxx, and Xxxxx 14 Xxxxxxx as Class Representatives of the Settlement Class;

See All (4)

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 62. Plaintiff, through Class Counsel, will file an unopposed motion for an order conditionally certifying the Settlement Class on the terms set forth in this Agreement, substantially in the form attached as Exhibit A, setting a date for the Final Approval Hearing, and approving the Notice for dissemination in accordance with the applicable notice provisions of this Agreement (“the Unopposed Motion for Preliminary Approval”). 63. At the hearing on the Unopposed Motion for Preliminary Approval, the Parties will jointly appear and support the granting of the Unopposed Motion for Preliminary Approval. 64. Should the Court decline to preliminarily approve any material aspect of the Settlement Agreement, the Settlement Agreement will be null and void, the Parties will have no further obligations under the Agreement, and the Parties will revert to their prior positions in the Litigation as if the Settlement had not occurred. 65. At the time of the submission of this Settlement Agreement to the Court as described above, the Parties shall request that, after Notice is given, the Court hold a Final Approval Hearing approximately 90 days after entry of the Preliminary Approval Order and approve the Settlement of the Litigation as set forth herein. 66. At least 10 days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff will move for: (i) final approval of the Settlement;

See All (4)

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. This Settlement Agreement shall be subject to approval of the Court. As set forth in Sections V and XIV, C.R.E. shall have the right to withdraw from the Settlement Agreement if the Court does not approve any material aspects of the Settlement Agreement.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6.1 Promptly after execution of this Agreement, Class Counsel shall move the Court to enter an order preliminarily approving the Settlement and attach this Agreement as an exhibit to the motion. The proposed preliminary approval order shall include, among other provisions, a request that the Court: (a) preliminarily appoint Plaintiffs Xxxxxx Xxxxx, Xxxxx Xxxxx, and Xxxxxx Xxxxxxxxxxx as Class Representatives of the Settlement Class; (b) preliminarily appoint Class Counsel to represent the Settlement Class; (c) preliminarily certify the Settlement Class under Fed. R. Civ. P. 23 for settlement purposes only; (d) preliminarily approve this Agreement for purposes of disseminating Notice to the Settlement Class; (e) approve the form and contents of the Notice and the method of its dissemination to the Settlement Class; and (f) schedule a Final Approval Hearing to review comments and/or objections regarding the Settlement, to consider its fairness, reasonableness and adequacy, to consider the application for any Fee Award and incentive awards to the Class Representatives, and to consider whether the Court shall issue a Final Judgment approving this Agreement and dismissing the Actions with prejudice.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 15 6.1. Promptly after execution of this Agreement, Class Counsel shall move the Court 16 to enter an order preliminarily approving the Settlement and attach this Agreement as an exhibit 17 to the motion. The proposed preliminary approval order shall include, among other provisions, a 18 request that the Court: (a) preliminary appoint Xxxx Xxxxxx and Xxxxx Xxxxxx as Class 20 Representatives of the Settlement Class; 21 (b) preliminary appoint Class Counsel to represent the Settlement Class; 22 (c) preliminary certify the Settlement Class under Fed. R. Civ. P. 23 for 23 settlement purposes only; 24 (d) preliminarily approve this Agreement for purposes of disseminating 25 Notice to the Settlement Class; 26 (e) approve the form and contents of the Notice and the method of its 27 dissemination to the Settlement Class; and

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 18 6.1. Promptly after execution of this Agreement, Class Counsel shall move the Court 19 for Preliminary Approval, and attach this Agreement as an exhibit to the motion. The proposed 20 preliminary approval order shall include, among other provisions, a request that the Court:

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER Sample Clauses

Filter & Search

Related Clauses

Parent Clauses

Sub-Clauses