Common use of PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER AND JUDGMENT Clause in Contracts

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER AND JUDGMENT. a. The Parties will jointly and promptly move the Court to stay all proceedings in the Civil Action. b. Within ten days of the full execution of this Agreement, Defendant will make reasonable efforts to determine, from its own records, the unique telephone numbers and associated individuals whose information Defendant received through its purchased lead channel and to whom Phone Calls were made. A list of these unique telephone numbers and associated individuals shall be transmitted by Defendant to the Settlement Administrator along with any physical addresses and email addresses in Defendant’s records pertaining to these individuals. c. Within seven days of the transmission provided for in Section 7(b), Plaintiff shall submit this Agreement together with its exhibits to the Court and shall move the Court for entry of the Preliminary Approval Order, which shall, among other things, preliminarily approve this Agreement, set a date for a Final Approval Hearing, which shall be scheduled no earlier than one hundred and fifty days after entry of the Preliminary Approval Order, in order to comply with the requirements of CAFA, or such other time as the Court shall approve, and approve the Class Notice for dissemination in accordance with the Notice Plan. d. For sixty days after the entry of the Preliminary Approval Order, Plaintiff shall be entitled to conduct reasonable and mutually agreeable confirmatory discovery concerning the number of Settlement Class Members and the determination of their identities. The Parties shall work cooperatively to complete this discovery in a timely and efficient manner. e. No later than fourteen (14) days before the Final Approval Hearing, Class Counsel shall submit to the Court a memorandum containing evidence and legal argument to support the Final Approval Order and Judgment, which shall (among other things): i. find that the Court is able to exercise the requisite personal jurisdiction and subject matter jurisdiction in order to approve this Agreement, including all exhibits hereto; ii. grant final approval of this Agreement and likewise approve the Settlement as fair, reasonable, adequate, and in the best interests of Settlement Class Members; direct the Parties and their counsel to implement this Agreement according to its terms and provisions; and declare this Agreement to be binding on, and have preclusive effect on, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiff and the Releasing Parties; iii. find that the Notice Plan implemented pursuant to this Agreement (1) constituted the best practicable notice under the circumstances; (2) constituted notice that is reasonably calculated to apprise members of the Settlement Class of the pendency of this litigation, their right to object to or exclude themselves from the proposed Settlement, and to appear at the Final Approval Hearing; (3) is reasonable and constitutes due, adequate, and sufficient notice to all entities and individuals 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; iv. find that the Class Representative and Class Counsel adequately represented the Settlement Class for purposes of entering into and implementing this Agreement; v. dismiss Defendant from the action (including, without limitation, all individual claims, Settlement Class Member claims and Released Claims asserted therein against the Released Parties) with prejudice, without fees or costs to either Defendant or Plaintiff except as expressly provided in this Agreement; vi. permanently enjoin each and every Settlement Class Member from bringing, joining, or continuing to prosecute any Released Claim against Defendant or the Released Parties; vii. approve and incorporate the releases set forth herein and forever discharge the Released Parties from the Released Claims; viii. without affecting the finality of the Final Approval Order and Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of this Agreement and the Final Approval Order and Judgment, and for any other necessary purpose; and ix. set forth any other provisions, as the Court deems necessary and just.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER AND JUDGMENT. a. The Parties will jointly and promptly move 7.1 Promptly after the Court to stay all proceedings in the Civil Action. b. Within ten days of the full execution of this Agreement, Defendant will make reasonable efforts to determine, from its own records, the unique telephone numbers and associated individuals whose information Defendant received through its purchased lead channel and to whom Phone Calls were made. A list of these unique telephone numbers and associated individuals shall be transmitted by Defendant to the Settlement Administrator along with any physical addresses and email addresses in DefendantPlaintiff’s records pertaining to these individuals. c. Within seven days of the transmission provided for in Section 7(b), Plaintiff counsel shall submit this Agreement together with its exhibits to the Court and shall move the Court for entry of the Preliminary Approval Order, which shall, among other things, preliminarily approve this Agreementcertify the Settlement Class for settlement purposes only, appoint Plaintiff’s counsel as Class Counsel and Plaintiff as the Class Representative, shall set a date for a Final Approval HearingHearing date, which and approve the Notice for dissemination in accordance with the Notice Plan. Such Preliminary Approval Order shall also authorize the Parties, without further approval from the Court, to agree to and adopt such amendments, modifications, and expansions of the Settlement Agreement and its implementing documents (including all exhibits to this Agreement) so long as they are consistent in all material respects with the terms of the Final Approval Order and Judgment set forth in Paragraph 7.4 below. 7.2 At the time of the submission of this Agreement to the Court as described above, Plaintiff and Defendants shall request that, after Notice is disseminated to members of the Settlement Class in accordance with the Notice Plan, the Court hold a Final Approval Hearing and approve the Settlement as set forth herein. The Final Approval Hearing shall be scheduled no earlier than one hundred and fifty (100) days after entry of the Preliminary Approval Order, in order to comply with the requirements of CAFA, or such other time as the Court shall approve, and approve set. 7.3 The Settlement Administrator shall provide the notice required under the Class Action Fairness Act (“CAFA”), including 28 U.S.C. § 1715, on behalf of and subject to the approval of Defendants. 7.4 After Notice for dissemination is disseminated in accordance with the Notice Plan. d. For sixty days after , the entry of the Preliminary Approval Order, Plaintiff shall be entitled to conduct reasonable and mutually agreeable confirmatory discovery concerning the number of Settlement Class Members and the determination of their identities. The Parties shall work cooperatively request and seek to complete this discovery in a timely and efficient manner. e. No later than fourteen (14) days before the Final Approval Hearing, Class Counsel shall submit to obtain from the Court a memorandum containing evidence and legal argument to support the Final Approval Order and Judgment, which shall will (among other things): i. (a) find that the Court is able to exercise the requisite has personal jurisdiction over all Settlement Class Members and that the Court has subject matter jurisdiction in order to approve this the Agreement, including all exhibits hereto; ii. grant final approval of this (b) approve the Settlement Agreement and likewise approve the proposed Settlement as fair, reasonable, adequateand adequate as to, and in the best interests of Settlement Class Members; direct the Parties and their counsel to implement this the Agreement according to its terms and provisions; and declare this the Agreement to be binding on, and have preclusive effect on, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiff and the Releasing Parties; iii. (c) find that the Notice and the Notice Plan implemented pursuant to this Agreement the Agreement (1) constituted constitute the best practicable notice under the circumstances; (2) constituted constitute notice that is reasonably calculated to apprise members of the Settlement Class of the pendency of this litigationthe Action, their right to object to or exclude themselves from the proposed Settlement, and to appear at the Final Approval Hearing; (3) is are reasonable and constitutes constitute due, adequate, and sufficient notice to all persons and entities and individuals entitled to receive notice; and (4) meets meet 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; iv. (d) find that the Class Representative and Class Counsel adequately represented the Settlement Class for purposes of entering into and implementing this the Agreement; v. (e) dismiss Defendant from the action (including, without limitation, Action with prejudice as to all individual claims, Settlement Class Member claims and Released Claims asserted therein against the Released Parties) with prejudice, defendants without fees or costs to either Defendant or Plaintiff any Party except as expressly provided in this the Settlement Agreement; vi. permanently enjoin each and every Settlement Class Member from bringing, joining, or continuing to prosecute any Released Claim against Defendant or the Released Parties; vii. approve and (f) incorporate the releases set forth herein above, make those releases effective as of the Effective Date, and forever discharge the Released Parties from the Released Claimsas set forth herein; viii. (g) without affecting the finality of the Final Approval Order and Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of this the Settlement Agreement and the Final Approval Order and Judgment, and for any other necessary purpose; and ix. set forth (h) incorporate any other provisions, as the Court deems necessary and just.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER AND JUDGMENT. a. The Parties will jointly and promptly move the Court to stay all proceedings in the Civil Action. b. Within ten days of the full 7.1 Promptly following execution of this Agreement, Defendant will make reasonable efforts to determine, from its own records, the unique telephone numbers and associated individuals whose information Defendant received through its purchased lead channel and to whom Phone Calls were made. A list of these unique telephone numbers and associated individuals shall be transmitted by Defendant to the Settlement Administrator along with any physical addresses and email addresses in Defendant’s records pertaining to these individuals. c. Within seven days of the transmission provided for in Section 7(b), Plaintiff Class Counsel shall submit this Agreement together with its exhibits Exhibits to the Court and shall move the Court for entry of the Preliminary Approval Order, which shall, among other things, preliminarily approve this AgreementSettlement Agreement (subject to the Final Approval Hearing), certify the Settlement Class for settlement purposes only, appoint Plaintiff’s counsel as Class Counsel and Plaintiff as the Class Representative, shall set a date for a Final Approval HearingHearing date, which shall be scheduled no earlier than one hundred and fifty (100) days after entry of the Preliminary Approval Order, in order to comply with the requirements of CAFA, or such other time as the Court shall approveset, and approve the Class Notice for dissemination in accordance with the Notice Plan. d. For sixty days after . Such Preliminary Approval Order shall also authorize the entry Parties, without further approval from the Court, to agree to and adopt such amendments, modifications and expansions of the Preliminary Approval Order, Plaintiff shall be entitled Settlement Agreement and its implementing documents (including all exhibits to conduct reasonable and mutually agreeable confirmatory discovery concerning this 37605563.1 - 13 - Agreement) so long as they are consistent in all material respects with the number terms of Settlement Class Members and the determination of their identities. The Parties shall work cooperatively to complete this discovery in a timely and efficient manner. e. No later than fourteen (14) days before the Final Approval Hearing, Order and Judgment set forth in Paragraph 7.2 below. 7.2 Class Counsel shall submit to the Court a memorandum containing evidence and legal argument to support the Final Approval Order and JudgmentJudgment as referenced in paragraph 7.1, above, which shall (among other things): i. (a) find that the Court is able to exercise the requisite has personal jurisdiction over all Settlement Class Members and that the Court has subject matter jurisdiction in order to approve this the Agreement, including all exhibits hereto; ii. (b) grant final approval of this the Settlement Agreement and likewise approve the proposed Settlement as fair, reasonable, adequatereasonable and adequate as to, and in the best interests of Settlement Class Members; direct the Parties and their counsel to implement this the Agreement according to its terms and provisions; and declare this the Agreement to be binding on, and have preclusive effect on, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiff and the Releasing Parties; iii. (c) find that the Notice and the Notice Plan implemented pursuant to this Agreement the Agreement (1) constituted constitute the best practicable notice under the circumstances; (2) constituted constitute notice that is reasonably calculated to apprise members of the Settlement Class of the pendency of this litigationthe Action, their right to object to or exclude themselves from the proposed Settlement, and to appear at the Final Approval Hearing; (3) is are reasonable and constitutes constitute due, adequate, and sufficient notice to all entities and individuals entitled to receive notice; and (4) meets meet 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; iv. (d) find that the Class Representative and Class Counsel adequately represented the Settlement Class for purposes of entering into and implementing this the Agreement; v. (e) dismiss Defendant from the action Action (including, without limitation, all individual claims, Settlement Class Member claims and Released Claims asserted therein against the Released Parties) on the merits and with prejudice, without fees or costs to either Defendant or Plaintiff any Party except as expressly provided in this the Settlement Agreement; vi. permanently enjoin each and every Settlement Class Member from bringing, joining, or continuing to prosecute any Released Claim against Defendant or the Released Parties; vii. (f) approve and incorporate the releases set forth herein herein, make those releases effective as of the date of entry of the Final Approval Order and Judgment, and forever discharge the Released Parties from the Released Claims;Claims as set forth herein; and viii. (g) without affecting the finality of the Final Approval Order and Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of this the Settlement Agreement and the Final Approval Order and Judgment, and for any other necessary purpose; and ix. set forth (h) incorporate any other provisions, as the Court deems necessary and just. 7.3 The Settlement Administrator, with approval by the Parties, shall be responsible for compliance with the applicable provisions of the Class Action Fairness Act (“CAFA”), including the notice requirements in 28 U.S.C. § 1715.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER AND JUDGMENT. a. The Parties will jointly and promptly move the Court to stay all proceedings in the Civil Action. b. Within ten days of the full 7.1 Promptly following execution of this Agreement, Defendant will make reasonable efforts to determine, from its own records, the unique telephone numbers and associated individuals whose information Defendant received through its purchased lead channel and to whom Phone Calls were made. A list of these unique telephone numbers and associated individuals shall be transmitted by Defendant to the Settlement Administrator along with any physical addresses and email addresses in Defendant’s records pertaining to these individuals. c. Within seven days of the transmission provided for in Section 7(b), Plaintiff Class Counsel shall submit this Agreement together with its exhibits Exhibits to the Court and shall move the Court for entry of the Preliminary Approval Order, which shall, among other things, preliminarily approve this AgreementSettlement Agreement (subject to the Final Approval Hearing), certify the Settlement Class for settlement purposes only, appoint Plaintiff’s counsel as Class Counsel and Plaintiff as the Class Representative, shall set a date for a Final Approval HearingHearing date, which shall be scheduled no earlier than one hundred and fifty (100) days after entry of the Preliminary Approval Order, in order to comply with the requirements of CAFA, or such other time as the Court shall approve, set. and approve the Class Notice for dissemination in accordance with the Notice Plan. d. For sixty days after . Such Preliminary Approval Order shall also authorize the entry Parties, without further approval from the Court, to agree to and adopt such amendments, modifications and expansions of the Preliminary Approval Order, Plaintiff shall be entitled Settlement Agreement and its implementing documents (including all exhibits to conduct reasonable and mutually agreeable confirmatory discovery concerning this Agreement) so long as they are consistent in all material respects with the number terms of Settlement Class Members and the determination of their identities. The Parties shall work cooperatively to complete this discovery in a timely and efficient manner. e. No later than fourteen (14) days before the Final Approval Hearing, Order and Judgment set forth in Paragraph 7.2 below. 7.2 Class Counsel shall submit to the Court a memorandum containing evidence and legal argument to support the Final Approval Order and JudgmentJudgment as referenced in paragraph 7.1, above, which shall (among other things): i. (a) find that the Court is able to exercise the requisite has personal jurisdiction over all Settlement Class Members and that the Court has subject matter jurisdiction in order to approve this the Agreement, including all exhibits hereto; ii. (b) grant final approval of this the Settlement Agreement and likewise approve the proposed Settlement as fair, reasonable, adequatereasonable and adequate as to, and in the best interests of Settlement Class Members; direct the Parties and their counsel to implement this the Agreement according to its terms and provisions; and declare this the Agreement to be binding on, and have preclusive effect on, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiff and the Releasing Parties; iii. (c) find that the Notice and the Notice Plan implemented pursuant to this Agreement the Agreement (1) constituted constitute the best practicable notice under the circumstances; (2) constituted constitute notice that is reasonably calculated to apprise members of the Settlement Class of the pendency of this litigationthe Action, their right to object to or exclude themselves from the proposed Settlement, and to appear at the Final Approval Hearing; (3) is are reasonable and constitutes constitute due, adequate, and sufficient notice to all entities and individuals entitled to receive notice; and (4) meets meet 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; iv. (d) find that the Class Representative and Class Counsel adequately represented the Settlement Class for purposes of entering into and implementing this the Agreement; v. (e) dismiss Defendant from the action Action (including, without limitation, all individual claims, Settlement Class Member claims and Released Claims asserted therein against the Released Parties) on the merits and with prejudice, without fees or costs to either Defendant or Plaintiff any Party except as expressly provided in this the Settlement Agreement; vi. permanently enjoin each and every Settlement Class Member from bringing, joining, or continuing to prosecute any Released Claim against Defendant or the Released Parties; vii. (f) approve and incorporate the releases set forth herein herein, make those releases effective as of the date of entry of the Final Approval Order and Judgment, and forever discharge the Released Parties from the Released Claims;Claims as set forth herein; and viii. (g) without affecting the finality of the Final Approval Order and Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of this the Settlement Agreement and the Final Approval Order and Judgment, and for any other necessary purpose; and ix. set forth (h) incorporate any other provisions, as the Court deems necessary and just. 7.3 The Settlement Administrator, with approval by the Parties, shall be responsible for compliance with the applicable provisions of the Class Action Fairness Act (“CAFA”), including the notice requirements in 28 U.S.C. § 1715.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER AND JUDGMENT. a. The Parties will jointly and promptly move the Court to stay all proceedings in the Civil Action. b. Within ten days of the full execution of this Agreement, Defendant will make reasonable efforts to determine, from its own records, the unique telephone numbers and associated individuals whose information Defendant received through its purchased lead channel and to whom Phone Calls were made. A list of these unique telephone numbers and associated individuals shall be transmitted by Defendant to the Settlement Administrator along with any physical addresses and email addresses in Defendant’s records pertaining to these individuals. c. 7.1 Within seven days of the transmission provided for in Section 7(b)execution of this Agreement, Plaintiff shall submit this Agreement together with its exhibits Exhibits to the Court and shall move the Court for entry of the Preliminary Approval Order, which shall, among other things, preliminarily approve this Settlement Agreement, set a date for a Final Approval Hearing, which shall be scheduled no earlier than one hundred and fifty eighty days after entry of the Preliminary Approval Order, in order to comply with the requirements of CAFA, or such other time as the Court shall approve, and approve the Class Notice for dissemination in accordance with the Notice Plan. d. 7.2 For sixty days after the entry of the Preliminary Approval OrderApproval, Plaintiff shall be entitled to conduct reasonable and mutually agreeable confirmatory discovery concerning the number of Settlement Class Members and the determination of their identitiesDefendants’ financial conditions. The Parties shall work cooperatively to complete this discovery in a timely and efficient manner. e. No later than fourteen (14) days before the Final Approval Hearing, 7.3 Class Counsel shall submit to the Court a memorandum containing evidence and legal argument to support the Final Approval Order and Judgment, which shall (among other things): i. a. find that the Court is able to exercise the requisite has personal jurisdiction over all Settlement Class Members and that the Court has subject matter jurisdiction in order to approve this the Agreement, including all exhibits hereto; ii. grant x. xxxxx final approval of this the Settlement Agreement and likewise approve the Settlement as fair, reasonable, adequatereasonable and adequate as to, and in the best interests of Settlement Class Members; direct the Parties and their counsel to implement this the Agreement according to its terms and provisions; and declare this the Agreement to be binding on, and have preclusive effect on, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiff and the Releasing Parties; iii. c. find that the Notice Plan implemented pursuant to this the Agreement (1) constituted the best practicable notice under the circumstances; (2) constituted notice that is reasonably calculated to apprise members of the Settlement Class of the pendency of this litigation, their right to object to or exclude themselves from the proposed Settlement, and to appear at the Final Approval Hearing; (3) is are reasonable and constitutes constitute due, adequate, and sufficient notice to all entities and individuals entitled to receive notice; and (4) meets meet 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; iv. d. find that the Class Representative and Class Counsel adequately represented the Settlement Class for purposes of entering into and implementing this the Agreement; v. e. dismiss Defendant Defendants from the action (including, without limitation, all individual claims, Settlement Class Member claims and Released Claims asserted therein against the Released Parties) on the merits and with prejudice, without fees or costs to either Defendant Defendants or Plaintiff except as expressly provided in this the Settlement Agreement; vi. permanently enjoin each and every Settlement Class Member from bringing, joining, or continuing to prosecute any Released Claim against Defendant or the Released Parties; vii. f. approve and incorporate the releases Releases set forth herein and forever discharge the Released Parties from the Released Claims;Claims as set forth herein; and viii. g. without affecting the finality of the Final Approval Order and Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of this the Settlement Agreement and the Final Approval Order and Judgment, and for any other necessary purpose; and ix. h. set forth any other provisions, as the Court deems necessary and just.