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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy. (e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement; (f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein; (g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims; (h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose; (i) close the case; and (j) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order substantially in the form of Exhibit E hereto, which order shall set a Final Approval Hearing date and approve the Notice and Claim Form for dissemination substantially in the form of Exhibits A, B, C, and D hereto. The 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 Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Defendant.
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 F 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;direct
(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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.. DocuSign Envelope ID: C942345B-F242-41E4-A1EA-ABFF0BD1F4E5
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(j) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 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 entry of a Preliminary Approval Order, which shall include, among other provisions, a request that the Court:
(a) preliminarily approve this Agreement for purposes of disseminating notice to the Settlement Class;
(b) approve the form and contents of the settlement set forth in Settlement Class Notice and Claim Form for dissemination to the Settlement Class, as well as the method of its dissemination to members of the Settlement Class; and
(c) schedule a Final Approval Hearing to review comments and/or objections regarding this Agreement; certification , to consider its fairness, reasonableness and adequacy, and the application for an award of the
7.2 At attorneys’ fees and reimbursement of expenses and to consider whether the time of Court shall issue a Final Judgment approving this Agreement, granting Class Counsel’s application for the submission of this Agreement Fee Award and an incentive award to the Court as described aboveClass Representatives, and dismissing the Action with prejudice.
7.2. After Notice to the Settlement Class is given, Class Counsel shall request that, after Notice is given, move the Court hold for entry of 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 heretoJudgment, which will (shall include, among other things):provisions, a request that the Court:
(a) find that the Court it has personal jurisdiction over all Settlement Class Members and that the Court has subject matter jurisdiction to approve the this Settlement Agreement, including all Exhibits theretoattached exhibits;
(b) approve the Settlement Agreement and the proposed settlement as fair, reasonable, 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 Settlement Agreement according to its terms and provisionsconditions; and declare the Settlement Agreement to be binding on, and have res judicata and preclusive effect in in, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and all other Settlement Class Members and Releasing Parties;
(c) find that the Notice implemented pursuant to the Settlement 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 Members of the pendency of the Action, their right to object to or exclude themselves from the proposed Agreement, this Settlement Agreement and to appear at the Final Approval Hearing; , (3) is reasonable and constitutes due, adequate, 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, Constitution and the rules of the Court;
(d) find that the prerequisites for a class action under Fed. R. Civ. P. 23(a) Class Representatives 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of represented the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the this Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective DateFinal Judgment, and forever discharge the Released Parties as set forth herein;
(g) permanently bar authorize the Parties, without further approval from the Court, to agree to and enjoin adopt such amendments, modifications and expansions of the Settlement Agreement and its implementing documents (including all Exhibits to this Agreement) that (1) shall be consistent in all material respects with the Final Judgment, and (2) do not limit the rights of Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released ClaimsMembers;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, enforcement and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(ji) incorporate any other provisions, consistent with the material terms of this Agreement, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representatives; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice and Claim Form for dissemination substantially in the form of Exhibits A, B, C, and D hereto. The 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
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 heretoJudgment, 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 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
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;applicable
(d) find that the prerequisites for a class action under Fed. R. Civ. P. 23(a) Class Representatives 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in in, any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(ji) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge just or modify any rights or responsibilities appropriate to effectuate the terms and conditions of the Released Parties or Settlement Class Members under this Agreement.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 11.1. Promptly after the execution of this Settlement Agreement, Proposed Class Counsel shall submit this Agreement together with its Exhibits to the Court and shall move the Court for entry of a Preliminary Approval Order, which shall include, among other provisions, a request that the Court:
11.1.1. Preliminarily approve this Agreement for purposes of disseminating notice to the Settlement Class;
11.1.2. Approve the form and contents of the settlement set forth in Settlement Class Notice and Claim Form for dissemination to the Settlement Class, as well as the method of its dissemination to members of the Settlement Class; and
11.1.3. Schedule a Final Approval Hearing to review the Objections, to consider the Agreement’s fairness, reasonableness and adequacy, and the application for a Fee Award, and to consider whether the Court shall issue a Final Judgment approving this Agreement; certification of the, granting Class Counsel’s application for the Fee Award, and dismissing the Released Claims with prejudice.
7.2 At the time of the submission of this Agreement 11.2. After Notice to the Court as described aboveSettlement Class is given, Class Counsel shall request that, after Notice is given, move the Court hold for entry of 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 heretoJudgment, which will (shall include, among other things):
(a) find provisions, a request that the Court Court:
11.2.1. Find that it has personal jurisdiction over all Settlement Class Members and that the Court has subject matter jurisdiction to approve the this Settlement Agreement, including all Exhibits theretoattached exhibits;
(b) approve 11.2.2. Approve the Settlement Agreement and the proposed settlement as fair, reasonable, 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 Settlement Agreement according to its terms and provisionsconditions; and declare the Settlement Agreement to be binding on, and have res judicata and preclusive effect in in, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and all other Settlement Class Members and Releasing Parties, relating to the Released Claims;
(c) find 11.2.3. Find that the Notice implemented pursuant to the Agreement
Settlement 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 Members of the pendency of the Action, their right to object to or exclude themselves from the proposed Agreement, this Settlement Agreement and to appear at the Final Approval Hearing; , (3) is reasonable and constitutes due, adequate, 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, Constitution and the rules of the Court;
(d) find 11.2.4. Find that the prerequisites for a class action under Fed. R. Civ. P. 23(a) Class Representatives 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of represented the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) ;
11.2.5. Dismiss the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.
(e) dismiss the Action (including all individual claims and Settlement Class Released Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the this Settlement Agreement;
(f) incorporate 11.2.6. Incorporate the Release set forth above, make the Release effective as of the date of the Effective DateFinal Judgment, and forever discharge the Released Parties as set forth herein;
11.2.7. 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 (gincluding all Exhibits to this Agreement) permanently bar that (1) shall be consistent in all material respects with the Final Judgment, and enjoin all (2) do not limit the rights of Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released ClaimsMembers;
(h) without 11.2.8. Without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, enforcement and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(j) incorporate 11.2.9. Incorporate any other provisions, consistent with the material terms of this Agreement, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice for dissemination substantially in the form of Exhibits A, B, and C hereto. The 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
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 heretoJudgment, 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 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 the Settlement and Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(ji) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice and Claim Form for dissemination substantially in the form of Exhibits A, B, C, and D hereto. The 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 Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Defendant.
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 heretoJudgment, 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 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 the Settlement and Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(ji) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly after the execution of this Settlement Agreement, Settlement 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 thethe Settlement Classes for settlement purposes only, appointment of Settlement Class Counsel and the Class Representatives, and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice and Claim Forms for dissemination in accordance with the Notice Plan, substantially in the form of Exhibits C, D, and E.
7.2 At the time of the submission of this Settlement Agreement to the Court as described above, Settlement Class Counsel and Defendant’s 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. The 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 members of the Settlement Class Members Classes and that the Court has subject matter jurisdiction to approve the Settlement Agreement, including all Exhibits exhibits thereto;
(b) approve the Settlement Agreement and the proposed settlement as fair, reasonable, reasonable and adequate as to, and in the best interests of, the members of the Settlement Class MembersClasses; direct the Parties and their counsel to implement and consummate the Settlement Agreement according to its terms and provisions; and declare the Settlement Agreement to be binding on, and have res judicata and preclusive effect in all pending and future lawsuits or other Class Action Settlement Agreement 27 Case No. 10-cv-24513 JLK proceedings maintained by or on behalf of Plaintiffs and all other members of the Settlement Classes, Releasing Parties, and their heirs, executors and administrators, successors and assigns;
(c) find that the Notice and the Notice Plan implemented pursuant to the Agreement
Settlement Agreement (1) constitutes constitute 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(j) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.,
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice for dissemination substantially in the form of Exhibits A, B, and C hereto. The Preliminary Approval Order shall also authorize the Parties,
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 heretoJudgment, 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 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 the Settlement and Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(ji) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 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 entry of a Preliminary Approval Order of the settlement set forth in this Agreement; certification of the, which shall include, among other things, a request that the Court:
7.2 At the time (a) appoint Plaintiff Xxxx Xxxx as representative of the submission Settlement Class;
(b) appoint Class Counsel to represent the Settlement Class;
(c) certify the Settlement Class under Fed. R. Civ. P. 23 for settlement purposes only and without prejudice to Hearst’s right to contest class certification if this Agreement is not approved;
(d) preliminarily approve this Agreement for purposes of disseminating notice to the Settlement Class;
(e) approve the form and contents of the Settlement Class Notice and Claim Form for dissemination to the Settlement Class, as well as the method of its dissemination to members of the Settlement Class;
(f) schedule a Final Approval Hearing to review comments and/or objections regarding this Agreement, to consider its fairness, reasonableness and adequacy, and the application for an award of attorneys’ fees and reimbursement of expenses and to consider whether the Court shall issue a Judgment approving this Agreement, granting Class Counsel’s application for the Fee Award and an incentive award to the Class Representative, and dismissing the Action with prejudice.
7.2. After Notice to the Settlement Class is given in accordance with the terms of this Agreement to the Court as described aboveAgreement, Class Counsel shall request that, after Notice is given, move the Court hold for entry of 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 heretoJudgment, which will (shall include, among other things):, a request that the Court:
(a) find that the Court it has personal jurisdiction over all Settlement Class Members and that the Court has subject matter jurisdiction to approve the this Settlement Agreement, including all Exhibits theretoattached Exhibits;
(b) approve the Settlement Agreement and the proposed settlement as fair, reasonable, 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 Settlement Agreement according to its terms and provisionsconditions; and declare the Settlement Agreement to be binding on, and have res judicata and preclusive effect in in, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs Plaintiff and all other Settlement Class Members and Releasing Parties;
(c) find that the Notice implemented pursuant to the Settlement 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 Members of the pendency of the Action, Action and their right rights to object to or exclude themselves from the proposed Agreement, this Settlement 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(j) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.,
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly Within 30 days after the execution of this Settlement Agreement, Class Counsel shall submit this Agreement together with its Exhibits exhibits to the Court and shall move the Court for Preliminary Approval of the settlement set forth in this Agreement; conditional certification of thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the notice for dissemination substantially in the form of Exhibits B & C hereto. The 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) so long as they are consistent in all material respects with the terms of the Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Target Graphics.
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 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 heretoJudgment, 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 this Agreement, including all Exhibits theretoexhibits hereto;
(b) approve the this 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 this Agreement according to its terms and provisions; and declare the this 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 Plaintiff and Releasing Parties;
(c) find that the Notice implemented pursuant to the Agreement
this 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 AgreementSettlement, and to appear at the Final Approval Hearing; (3) is reasonable and constitutes due, adequate, and sufficient notice to all persons Persons entitled to receive noticeNotice; and (4) meets all applicable requirements of the Federal Rules Illinois Code of Civil Procedure, the Due Process Clause of the United States Constitutionand Illinois Constitutions, 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) ILCS 735 5/2-801 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 the Settlement Class they seek to representClass; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the this Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.to
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the this Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the this Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the caseAction; and
(j) incorporate any other provisions, provisions as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
7.4 The Parties agree to stay all proceedings in the Action, other than those proceedings necessary to carry out or enforce the terms and conditions of the Settlement, until the Effective Date of the Settlement has occurred. The Parties also agree to use their best efforts to seek the stay and dismissal of, and to oppose entry of any interim or final relief in favor of any Settlement Class
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly Within thirty (30) days after the execution of this Settlement Agreement, Class Counsel shall submit this Agreement together with its Exhibits exhibits to the Court and shall move the Court for a Preliminary Approval Order of the settlement Settlement set forth in this Agreement; conditional certification of thethis Settlement Class for settlement purposes only; appointment of Class Counsel and this Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice for dissemination substantially in the form of Exhibit A hereto. The 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 this Agreement and its implementing documents (including all exhibits) so long as they are consistent in all material respects with the terms of the Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Cicero & 147th.
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 finally approve the settlement 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 heretoApproval Order, 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 this Agreement, including all Exhibits theretoexhibits hereto;
(b) approve the this Settlement Agreement and the proposed settlement 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 this Agreement according to its terms and provisions; and declare the this 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 Plaintiff and/or the Releasing Parties;
(c) find that the Notice implemented pursuant to the Agreement
this 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 AgreementSettlement, and to appear at the Final Approval Hearing; (3) is reasonable and constitutes due, adequate, and sufficient notice to all persons Persons entitled to receive noticeNotice; and (4) meets all applicable requirements of the Federal Rules Illinois Code of Civil Procedure, the Due Process Clause of the United States Constitutionand Illinois Constitutions, 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) ILCS 735 5/2-801 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 the Settlement Class they seek to representClass; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the this Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the this Settlement Agreement;
(f) incorporate the Release set forth abovein Section 3 above (the “Release”), make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the this Settlement Agreement and Agreement, the Final JudgmentApproval Order, the Settlement, and for any other necessary purpose;
(i) close the caseAction; and
(j) incorporate any other provisions, provisions as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
7.4 The Parties agree to stay all proceedings in the Action, other than those proceedings necessary to carry out or enforce the terms and conditions of the Settlement, until the Effective Date of the Settlement has occurred. The Parties also agree to use their best efforts to seek the stay and dismissal of, and to oppose entry of any interim or final relief in favor of any Settlement Class Member in any other proceedings against any of the Released Parties which challenge the Settlement or otherwise assert or involve, directly or indirectly, a Released Claim.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representatives; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice for dissemination substantially in the form of Exhibits A, B, and C hereto. The 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 Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Defendant.
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 finally approve the settlement 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 heretoJudgment, 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 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 ProcedureCPLR, the Due Process Clause Clauses of the United States Constitutionand New York Constitutions, and the rules of the Court;
(d) find that the prerequisites for a class action under Fed. R. Civ. P. 23(a) Class Representatives 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;and
(i) close the case; and
(j) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order substantially in the form of Exhibit F hereto, which order shall set a Final Approval Hearing date and approve the Notice and Claim Form for dissemination substantially in the form of Exhibits A, B, C, and D hereto. The 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 Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Defendant.
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 G hereto, which will (among other things):
(a) find that the Court has personal jurisdiction over all the Settlement Class Members claims and that the Court has subject matter jurisdiction to approve the Agreement, including all Exhibits theretoAgreement and enter Final Judgment;
(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 in, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and Releasing Parties;
(c) find that the Notice Plan implemented pursuant to the Agreement
Agreement (1) constitutes constituted the best practicable notice under the circumstances; (2) constitutes constituted notice that is was 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;to
(d) find that the prerequisites for a class action under Fed. R. Civ. P. 23(a) Class Representatives 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of represented the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth aboveabove in Sections 1.33 and 3, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members Releasing Parties from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;; and
(i) close the case; and
(j) incorporate any other provisions, provisions as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice and Claim Form for dissemination substantially in the form of Exhibits A, B, C, and D hereto. The 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 Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Defendant.
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 finally approve the settlement 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 heretoJudgment, which will (among other things):
(a) find that the Court has personal jurisdiction over the all Settlement Class Members and that the Court has subject matter jurisdiction to approve the Agreement, including all Exhibits 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;direct
(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 the Settlement and Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(ji) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly Within sixty (60) days after the execution of this Settlement Agreement, Class Counsel shall submit this Agreement together with its Exhibits exhibits to the Court and shall move the Court for a Preliminary Approval Order of the settlement Settlement set forth in this Agreement; conditional certification of thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice for dissemination substantially in the form of
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 finally approve the settlement 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 heretoApproval Order, 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 this Agreement, including all Exhibits theretoexhibits hereto;
(b) approve the this Settlement Agreement and the proposed settlement 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 this Agreement according to its terms and provisions; and declare the this 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 Plaintiff and/or the Releasing Parties;
(c) find that the Notice implemented pursuant to the Agreement
this 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 AgreementSettlement, 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;the
(d) find that the prerequisites for a class action under Fed. R. Civ. P. 23(a) and Fed. R. Civ. P. 23(b) ILCS 735 5/2-801 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 the Settlement Class they seek to representClass; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the this Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the this Settlement Agreement;
(f) incorporate the Release set forth abovein Section 3 above (the “Release”), make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of this Settlement Agreement, the Settlement Agreement Final Approval Order or Final Judgment, and the Final JudgmentSettlement, and for any other necessary purpose;
(i) close the caseAction; and
(j) incorporate any other provisions, provisions as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
7.4 The Parties agree to stay all proceedings in the Action, other than those proceedings necessary to carry out or enforce the terms and conditions of the Settlement, until the Effective Date of the Settlement has occurred. The Parties also agree to use their best efforts to seek the stay and dismissal of, and to oppose entry of any interim or final relief in favor of any Settlement Class Member in any other proceedings against any of the Released Parties which challenge the Settlement or otherwise assert or involve, directly or indirectly, a Released Claim.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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; preliminary certification of thethe Settlement Class for settlement purposes only; preliminary appointment of Class Counsel to represent the class; preliminary appointment of Xxxx Xxx Xxxxx as the Class Representative of the Settlement Class; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the form and contents of the Notice and Claim Forms for
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 where the Court will to review comments and/or objections regarding the Settlement, consider its fairness, reasonableness and approve adequacy, consider the settlement of application for any Fee Award and incentive awards to the Class Representatives, and consider whether the Court shall issue a Final Judgment approving this Agreement and dismissing the Action as set forth hereinwith prejudice.
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 heretoJudgment, which will (among other things):will:
(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 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 PartiesParties with respect to the Released Claims;
(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 the Settlement and Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in in, any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;; and
(i) close the case; and
(j) incorporate any other provisions, provisions as necessary or appropriate to effectuate the Court deems necessary terms and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities conditions of the Released Parties or Settlement Class Members under this Agreement.
7.4 The Parties shall, in good faith, cooperate, assist, and undertake all reasonable actions and steps in order to accomplish these required events on the schedule set by the Court, subject to the terms of this Settlement Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly Within 30 days after the execution of this Settlement Agreement, Class Counsel shall submit this Agreement together with its Exhibits exhibits to the Court and shall move the Court for Preliminary Approval of the settlement set forth in this Agreement; conditional certification of thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the notice for dissemination substantially in the form of Exhibits B & C hereto. The 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) so long as they are consistent in all material respects with the terms of the Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of XxXxxxx Metal.
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 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 heretoJudgment, 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 this Agreement, including all Exhibits theretoexhibits hereto;
(b) approve the this 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 this Agreement according to its terms and provisions; and declare the this 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 Plaintiff and Releasing Parties;
(c) find that the Notice implemented pursuant to the Agreement
this 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 AgreementSettlement, and to appear at the Final Approval Hearing; (3) is reasonable and constitutes due, adequate, and sufficient notice to all persons Persons entitled to receive noticeNotice; and (4) meets all applicable requirements of the Federal Rules Illinois Code of Civil Procedure, the Due Process Clause of the United States Constitutionand Illinois Constitutions, 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) ILCS 735 5/2-801 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 the Settlement Class they seek to representClass; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the this Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the this Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the this Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the caseAction; and
(j) incorporate any other provisions, provisions as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
7.4 The Parties agree to stay all proceedings in the Action, other than those proceedings necessary to carry out or enforce the terms and conditions of the Settlement, until the Effective Date of the Settlement has occurred. The Parties also agree to use their best efforts to seek the stay and dismissal of, and to oppose entry of any interim or final relief in favor of any Settlement Class Member in any other proceedings against any of the Released Parties which challenge the Settlement or otherwise assert or involve, directly or indirectly, a Released Claim.
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly Within 60 days 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; conditional certification of thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice Form for dissemination substantially in the form of Exhibit A hereto. The 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 Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Congress Plaza.
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 heretoJudgment, 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 Plaintiff and Releasing Parties;
(c) find that the Notice implemented pursuant to the Agreement
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 Illinois Code of Civil Procedure, the Due Process Clause of the United States Constitutionand Illinois Constitutions, 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) ILCS 735 5/2-801 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.Class
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(j) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
7.4 The Parties agree to stay all proceedings in the Action, other than those proceedings necessary to carry out or enforce the terms and conditions of the Settlement, until the Effective
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly Within 60 days 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; conditional certification of thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice for dissemination substantially in the form of Exhibit A hereto. The 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 Settlement Agreement
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 finally 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 heretoJudgment, 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 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 Plaintiff and Releasing Parties;
(c) find that the Notice implemented pursuant to the Agreement
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 Illinois Code of Civil Procedure, the Due Process Clause of the United States Constitutionand Illinois Constitutions, 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) ILCS 735 5/2-801 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 the Settlement Class they seek to representClass; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.
(e) dismiss the Action (including all individual claims and Settlement Class Released Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(j) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
7.4 The Parties agree to stay all proceedings in the Action, other than those proceedings necessary to carry out or enforce the terms and conditions of the Settlement, until the Effective Date of the Settlement has occurred. The Parties also agree to use their best efforts to seek the stay and dismissal of, and to oppose entry of any interim or final relief in favor of any Settlement Class Member in, any other proceedings against any of the Released Parties which challenges the Settlement or otherwise asserts or involves, directly or indirectly, a Released Claim.
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly Within 60 days after the execution of this Settlement Agreement, Class Counsel shall submit this Agreement together with its Exhibits exhibits to the Court and shall move the Court for Preliminary Approval of the settlement set forth in this Agreement; conditional certification of thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the notice for dissemination substantially in the form of Exhibits B & C
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 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 heretoJudgment, 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 this Agreement, including all Exhibits theretoexhibits hereto;
(b) approve the this 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 this Agreement according to its terms and provisions; and declare the this 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 Plaintiff and Releasing Parties;
(c) find that the Notice implemented pursuant to the Agreement
this 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 AgreementSettlement, 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;to
(d) find that the prerequisites for a class action under Fed. R. Civ. P. 23(a) and Fed. R. Civ. P. 23(b) ILCS 735 5/2-801 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 the Settlement Class they seek to representClass; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the this Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the this Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;and
(i) close the caseAction; and
(j) incorporate any other provisions, provisions as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
7.4 The Parties agree to stay all proceedings in the Action, other than those proceedings necessary to carry out or enforce the terms and conditions of the Settlement, until the Effective Date of the Settlement has occurred. The Parties also agree to use their best efforts to seek the stay and dismissal of, and to oppose entry of any interim or final relief in favor of any Settlement Class Member in any other proceedings against any of the Released Parties which challenge the Settlement or otherwise assert or involve, directly or indirectly, a Released Claim.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representatives; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice and Claim Form for dissemination substantially in the form of Exhibits C, C, D, and E hereto. The 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
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 heretoJudgment, 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 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
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;applicable
(d) find that the prerequisites for a class action under Fed. R. Civ. P. 23(a) Class Representatives 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in in, any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(ji) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge just or modify any rights or responsibilities appropriate to effectuate the terms and conditions of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representatives; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice for dissemination substantially in the form of Exhibits A, B, and C hereto. The 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 Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Defendant.
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 finally approve the settlement 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 heretoJudgment, 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 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 ProcedureCPLR, the Due Process Clause Clauses of the United States Constitutionand New York Constitutions, and the rules of the Court;
(d) find that the prerequisites for a class action under Fed. R. Civ. P. 23(a) Class Representatives 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(ji) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representatives; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice for dissemination substantially in the form of Exhibits A, B, and C hereto. The 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 Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Defendant.
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 heretoJudgment, 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
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 Illinois Code of Civil Procedure, the Due Process Clause of the United States Constitutionand Illinois Constitutions, and the rules of the Court;
(d) conditionally find that the prerequisites for a class action under Fed. R. Civ. P. 23(a) and Fed. R. Civ. P. 23(b) 735 ILCS 5/2-801 have been satisfied for settlement purposes only 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(j) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly Within 30 days after the execution of this Settlement Agreement, Class Counsel shall submit this Agreement together with its Exhibits exhibits to the Court and shall move the Court for Preliminary Approval of the settlement set forth in this Agreement; conditional certification of thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the notice for dissemination substantially in the form of Exhibits B & C hereto. The 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) so long as they are consistent in all material respects with the terms of the Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Xxxxxxx Auto.
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 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 heretoJudgment, which will (among other things):): DocuSign Envelope ID: F957AB94-7A05-4349-8263-42D5FD3904CD
(a) find that the Court has personal jurisdiction over all Settlement Class Members and that the Court has subject matter jurisdiction to approve the this Agreement, including all Exhibits theretoexhibits hereto;
(b) approve the this 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 this Agreement according to its terms and provisions; and declare the this 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 Plaintiff and Releasing Parties;
(c) find that the Notice implemented pursuant to the Agreement
this 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 AgreementSettlement, and to appear at the Final Approval Hearing; (3) is reasonable and constitutes due, adequate, and sufficient notice to all persons Persons entitled to receive noticeNotice; and (4) meets all applicable requirements of the Federal Rules Illinois Code of Civil Procedure, the Due Process Clause of the United States Constitutionand Illinois Constitutions, 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) ILCS 735 5/2-801 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 the Settlement Class they seek to representClass; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the this Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement DocuSign Envelope ID: F957AB94-7A05-4349-8263-42D5FD3904CD Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the this Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the this Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the caseAction; and
(j) incorporate any other provisions, provisions as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
7.4 The Parties agree to stay all proceedings in the Action, other than those proceedings necessary to carry out or enforce the terms and conditions of the Settlement, until the Effective Date of the Settlement has occurred. The Parties also agree to use their best efforts to seek the stay and dismissal of, and to oppose entry of any interim or final relief in favor of any Settlement Class Member in any other proceedings against any of the Released Parties which challenge the Settlement or otherwise assert or involve, directly or indirectly, a Released Claim. DocuSign Envelope ID: F957AB94-7A05-4349-8263-42D5FD3904CD
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly after the execution of this Settlement AgreementA. By October 18, 2019, 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 thethe Settlement Class for settlement purposes only, appointment of Class Counsel and the Class Representative, and entry of the order granting Preliminary Approval, which shall set a Final Approval Hearing date.
7.2 B. At the time of the submission of this Settlement Agreement to the Court as described above, Class Counsel and Samsung’s Counsel shall request that, after Notice is given, that the Court hold a Final Approval Hearing and approve the settlement of the Action Lawsuit as set forth herein.
7.3 C. After Notice is giventhe Final Approval Hearing, the Parties shall request and seek to obtain from the Court a Final Judgment. The Final Judgment substantially in the form of Exhibit H hereto, which will (among other things):
(a) find 1. Find that the Court has personal jurisdiction over all Settlement Class Members members and that the Court has subject matter jurisdiction to approve the this Settlement Agreement, including all Exhibits thereto;
(b2. Certify the Settlement Class under Federal Rule of Civil Procedure 23(b)(2) approve for settlement purposes only;
3. Appoint Plaintiff Xxxxxxx Xxxxxx as Class Representative for settlement purposes only;
4. Appoint Xxxx Xxxxxxxxx and Xxxx Xxxxxxxxx as Class Counsel for settlement purposes only;
5. Approve the Settlement Agreement and the proposed settlement as fair, reasonable, reasonable and adequate as to, and in the best interests of, the Settlement Class Members; direct members;
6. Approve the form of the Publication Notice and the manner of notice proposed in Paragraph IV.A. as satisfying the requirements of Federal Rule of Civil Procedure 23(e)(1)(B);
7. Direct the Parties and their counsel to implement and consummate the Settlement Agreement according to its terms and provisions; and declare conditions;
8. Declare the Settlement Agreement to be binding on, and have res judicata and preclusive effect in in, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and Releasing PartiesPlaintiff as to Released Claims;
(c) find 9. 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 the Settlement and Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of represented the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) ;
10. Dismiss the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) Lawsuit on the merits and with prejudice, without fees or costs to any party Party except as provided in the this Settlement Agreement;
(f) incorporate 11. Incorporate the Release release set forth above, make the Release release effective as of the date of the Effective Date, and forever discharge the Released Parties from all Released Claims as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(j) incorporate 12. Incorporate any other provisions, consistent with the material terms of this Agreement, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly Within sixty (60) days after the execution of this Settlement Agreement, Class Counsel shall submit this Agreement together with its Exhibits exhibits to the Court and shall move the Court for a Preliminary Approval Order of the settlement Settlement set forth in this Agreement; conditional certification of thethis Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representatives; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice for dissemination substantially in the form of Exhibit A hereto. The 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 this Agreement and its implementing documents (including all exhibits) so long as they are consistent in all material respects with the terms of the Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Visage Screen- Print, Inc.
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 finally approve the settlement 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 heretoApproval Order, 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 this Agreement, including all Exhibits theretoexhibits hereto;
(b) approve the this Settlement Agreement and the proposed settlement 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 this Agreement according to its terms and provisions; and declare the this 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 and/or the Releasing Parties;
(c) find that the Notice implemented pursuant to the Agreement
this 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 AgreementSettlement, and to appear at the Final Approval Hearing; (3) is reasonable and constitutes due, adequate, and sufficient notice to all persons Persons entitled to receive noticeNotice; and (4) meets all applicable requirements of the Federal Rules Illinois Code of Civil Procedure, the Due Process Clause of the United States Constitutionand Illinois Constitutions, 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) ILCS 735 5/2-801 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.Settlement
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the this Settlement Agreement;
(f) incorporate the Release set forth abovein Section 3 above (the “Release”), make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the this Settlement Agreement and Agreement, the Final JudgmentApproval Order, the Settlement, and for any other necessary purpose;
(i) close the caseAction; and
(j) incorporate any other provisions, provisions as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
7.4 The Parties agree to stay all proceedings in the Action, other than those proceedings necessary to carry out or enforce the terms and conditions of the Settlement, until the Effective Date of the Settlement has occurred. The Parties also agree to use their best efforts to seek the stay and dismissal of, and to oppose entry of any interim or final relief in favor of any Settlement Class Member in any other proceedings against any of the Released Parties which challenge the Settlement or otherwise assert or involve, directly or indirectly, a Released Claim.
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly Within seven (7) days 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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel, the Class Representative, and the Settlement Administrator; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice for dissemination substantially in the form of Exhibits B, C, D, and E hereto. The 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
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 heretoJudgment, 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 exhibits thereto;
(b) certify the Settlement Class or reaffirm such certification if the Settlement Class was certified in the Preliminary Approval Order, and approve or reaffirm the appointment of Class Counsel, the Class Representatives and the Settlement Administrator;
(c) 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;
(cd) 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;
(de) find that the prerequisites for a class action under Fed. R. Civ. P. 23(a) Class Representatives 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(ef) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(fg) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(gh) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(hi) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(j) incorporate any other provisionsprovisions not materially inconsistent with this Settlement Agreement, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly Within thirty (30) days after the execution of this Settlement Agreement, Class Counsel shall submit this Agreement together with its Exhibits exhibits to the Court and shall move the Court for a Preliminary Approval Order of the settlement Settlement set forth in this Agreement; conditional certification of thethis Settlement Class for settlement purposes only; appointment of Class Counsel and this Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice for dissemination substantially in the form of Exhibit A hereto. The 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 this Agreement and its implementing documents (including all exhibits) so long as they are consistent in all material respects with the terms of the Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Nuestro Queso.
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 finally approve the settlement 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 heretoApproval Order, 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 this Agreement, including all Exhibits theretoexhibits hereto;
(b) approve the this Settlement Agreement and the proposed settlement 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 this Agreement according to its terms and provisions; and declare the this 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 Plaintiff and/or the Releasing Parties;
(c) find that the Notice implemented pursuant to the Agreement
this 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 AgreementSettlement, and to appear at the Final Approval Hearing; (3) is reasonable and constitutes due, adequate, and sufficient notice to all persons Persons entitled to receive noticeNotice; and (4) meets all applicable requirements of the Federal Rules Illinois Code of Civil Procedure, the Due Process Clause of the United States Constitutionand Illinois Constitutions, 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) ILCS 735 5/2-801 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 the Settlement Class they seek to representClass; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.has
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the this Settlement Agreement;
(f) incorporate the Release set forth abovein Section 3 above (the “Release”), make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the this Settlement Agreement and Agreement, the Final JudgmentApproval Order, the Settlement, and for any other necessary purpose;
(i) close the caseAction; and
(j) incorporate any other provisions, provisions as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
7.4 The Parties agree to stay all proceedings in the Action, other than those proceedings necessary to carry out or enforce the terms and conditions of the Settlement, until the Effective
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 11.1 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 entry of a Preliminary Approval Order, which shall include, among other provisions, a request that the Court:
a. Preliminarily approve this Agreement for purposes of disseminating notice to the Settlement Class;
b. Approve the form and contents of the settlement set forth in Settlement Class Notice and Claim Form for dissemination to the Settlement Class, as well as the method of its dissemination to members of the Settlement Class; and
c. Schedule a Final Approval Hearing to review comments and/or objections regarding this Agreement; certification of the, to consider its fairness, reasonableness and adequacy, and the application for a Fee Award, and to consider whether the Court shall issue a Final Judgment approving this Agreement, granting Class Counsel’s application for the Fee Award, and dismissing the Released Claims with prejudice.
7.2 At the time of the submission of this Agreement 11.2 After Notice to the Court as described aboveSettlement Class is given, Class Counsel shall request that, after Notice is given, move the Court hold for entry of 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 heretoJudgment, which will (shall include, among other things):
(a) find provisions, a request that the Court Court:
a. Find that it has personal jurisdiction over all Settlement Class Members and that the Court has subject matter jurisdiction to approve the this Settlement Agreement, including all Exhibits theretoattached exhibits;
(b) approve b. Approve the Settlement Agreement and the proposed settlement as fair, reasonable, 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 Settlement Agreement according to its terms and provisionsconditions; and declare the Settlement Agreement to be binding on, and have res judicata and preclusive effect in in, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and all other Settlement Class Members and Releasing Parties, relating to the Released Claims;
(c) find c. Find that the Notice implemented pursuant to the Settlement 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 Members of the pendency of the Action, their right to object to or exclude themselves from the proposed Agreement, this Settlement Agreement and to appear at the Final Approval Hearing; , (3) is reasonable and constitutes due, adequate, 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, Constitution and the rules of the Court;
(d) find d. Find that the prerequisites for a class action under Fed. R. Civ. P. 23(a) Class Representatives 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of represented the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) ;
e. Dismiss the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.
(e) dismiss the Action (including all individual claims and Settlement Class Released Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the this Settlement Agreement;
(f) incorporate f. Incorporate the Release set forth above, make the Release effective as of the date of the Effective DateFinal Judgment, and forever discharge the Released Parties as set forth herein;
g. 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 (gincluding all Exhibits to this Agreement) permanently bar that (1) shall be consistent in all material respects with the Final Judgment, and enjoin all (2) do not limit the rights of Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released ClaimsMembers;
(h) without h. Without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, enforcement and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(j) incorporate i. Incorporate any other provisions, consistent with the material terms of this Agreement, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice and Claim Form for dissemination substantially in the form of Exhibits A, B, C, and D hereto. The 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 Judgment and do not limit or impair the rights 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 heretoJudgment, 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 exhibits thereto;
(b) approve the Settlement Agreement and the proposed settlement as fair, reasonable, 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 Members 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 the Settlement and Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party Party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in in, any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(ji) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly 7.1. Lead Class Counsel, after the execution of this Settlement Agreementconsultation with Defendant’s Counsel, Class Counsel shall submit this Agreement together with its Exhibits exhibits to the Court and shall move the Court for Preliminary Approval of the settlement set forth in this Agreement; , certification of thethe Settlement Class for settlement purposes only, appointment of Class Counsel and the Class Representative, and entry of the Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice and Claim Form for dissemination in accordance with the Notice Plan, substantially in the form of Exhibits 1–3 hereto.
7.2 7.2. At the time of the submission of this Settlement Agreement to the Court as described above, Lead Class Counsel and Defendant’s 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 7.3. After Notice is given, the Parties shall request and seek to obtain from the Court a Final Judgment. The 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 Settlement Agreement, including all Exhibits exhibits thereto;
(b) approve the Settlement Agreement and the proposed settlement as fair, reasonable, 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 Settlement 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;according
(c) find that the Notice and the Notice Plan implemented pursuant to the Agreement
Settlement Agreement (1) constitutes constitute the best notice practicable notice under the circumstances; , (2) constitutes constitute notice that is reasonably calculated, under the circumstances, to apprise the Settlement Class Members of the pendency of the Action, their right to object to or exclude themselves from the proposed Agreement, Agreement and to appear at the Final Approval Hearing; , (3) is are reasonable and constitutes constitute due, adequate, adequate and sufficient notice to all persons Persons 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, 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 the Settlement and Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of represented the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective DateJudgment, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in in, any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) 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 Exhibits 1–3 to this Agreement) as (1) shall be consistent in all material respects with the Judgment, or (2) do not limit the rights of Settlement Class Members;
(i) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, enforcement and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(j) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 8.1 Promptly after the execution of this Settlement Agreement, but no later than 30 days after execution of this Settlement Agreement or September 25, 2017, whichever is earlier, Class Counsel shall submit this Agreement together with its Exhibits exhibits to the Court and shall move the Court for entry of Preliminary Approval of the settlement Settlement set forth in this Agreement; certification of the, which shall include, among other provisions, a request that the Court:
7.2 At the time (a) appoint Plaintiff Xxxxxxx Xxxxxx as representative of the submission Settlement Class;
(b) appoint Class Counsel to represent the Settlement Class;
(c) certify the Settlement Class under Fed. R. Civ. P. 23 for settlement purposes only and without prejudice to NRG’s right to contest class certification if this Settlement is not approved;
(d) preliminarily approve this Settlement for purposes of this Agreement disseminating notice to the Settlement Class;
(e) approve the form and contents of the Notice and Claim Form for dissemination to the Settlement Class, as well as the method of its dissemination to members of the Settlement Class; and
(f) schedule a Final Approval Hearing to review objections regarding this Settlement, to consider its fairness, reasonableness, and adequacy, and the application for an award of attorneys’ fees and reimbursement of expenses, and to consider whether the Court as described aboveshall issue a Final Judgment approving this Settlement, granting Class Counsel’s application for the Fee Award and an incentive award to the Class Representative, and dismissing the Action with prejudice.
8.2 Class Counsel shall share with NRG’s Counsel a copy of the draft motion for preliminary approval of the Settlement and any supporting documents at least seven (7) days before any deadline to file such motion.
8.3 The Final Approval Hearing shall be set for a date no less than one hundred fifty (150) days after the entry of Preliminary Approval and no more than one hundred eighty (180) days after the entry of Preliminary Approval.
8.4 After Notice to the Settlement Class is given, but no later than seven (7) days before the Final Approval Hearing, Class Counsel shall request that, after Notice is given, move the Court hold for entry of 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 heretoJudgment, which will (shall include, among other things):provisions, a request that the Court:
(a) find that the Court it has personal jurisdiction over all Settlement Class Members and that the Court has subject matter jurisdiction to approve the Agreementthis Settlement, including the Agreement and all Exhibits theretoattached exhibits;
(b) approve the Settlement Agreement and the proposed settlement Agreement 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 Settlement Agreement according to its terms and provisionsconditions; and declare the Settlement Agreement to be binding on, and have res judicata and preclusive effect in in, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs Xxxxxx and all other Settlement Class Members and Releasing Parties;
(c) find that the Notice implemented pursuant to the Settlement Agreement
(1i) constitutes the best practicable notice under the circumstances; , (2ii) constitutes notice that is reasonably calculated, under the circumstances, to apprise Persons within the Settlement Class of the pendency of the Action, Action and their right rights to object to or exclude themselves from the proposed Agreement, this Settlement and to appear at the Final Approval Hearing; , (3iii) is reasonable and constitutes due, adequate, and sufficient notice to all persons entitled to receive notice; , and (4iv) 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 the Settlement and Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of represented the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the this Settlement Agreement;
(f) incorporate the Release release set forth in section 3 above, make the Release that release effective as of the date of the Effective DateFinal Judgment, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating in (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) 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) that (i) shall be consistent in all material respects with the Final Judgment, and (ii) do not limit the rights of the Settlement Class Members;
(i) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(j) incorporate any other provisions, consistent with the material terms of this Agreement, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities .
8.5 Class Counsel shall share with NRG’s Counsel a copy of the Released Parties or Settlement Class Members under this Agreementdraft motion for final approval and any supporting documents at least seven (7) days before any deadline to file such motion.
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly Within 60 days after the execution of this Settlement Agreement, Class Counsel shall submit this Agreement together with its Exhibits exhibits to the Court and shall move the Court for Preliminary Approval of the settlement set forth in this Agreement; conditional certification of thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the notice for dissemination substantially in the form of Exhibits B & C hereto. The 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) so long as they are consistent in all material respects with the terms of the Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Xxxxxx.
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 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 heretoJudgment, 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 this Agreement, including all Exhibits theretoexhibits hereto;
(b) approve the this 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 this Agreement according to its terms and provisions; and declare the this 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
this 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 AgreementSettlement, and to appear at the Final Approval Hearing; (3) is reasonable and constitutes due, adequate, and sufficient notice to all persons Persons entitled to receive noticeNotice; and (4) meets all applicable requirements of the Federal Rules Illinois Code of Civil Procedure, the Due Process Clause of the United States Constitutionand Illinois Constitutions, 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) ILCS 735 5/2-801 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.are
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the this Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the this Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the caseAction; and
(j) incorporate any other provisions, provisions as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
7.4 The Parties agree to stay all proceedings in the Action, other than those proceedings necessary to carry out or enforce the terms and conditions of the Settlement, until the Effective Date of the Settlement has occurred. The Parties also agree to use their best efforts to seek the stay and dismissal of, and to oppose entry of any interim or final relief in favor of any Settlement Class Member in any other proceedings against any of the Released Parties which challenge the Settlement or otherwise assert or involve, directly or indirectly, a Released Claim.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice and Claim Form for dissemination substantially in the form of Exhibits A, B, C, and D hereto. The 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 Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Defendant.
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 heretoJudgment, 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 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
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 the Settlement and Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in in, any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(ji) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge just or modify any rights or responsibilities appropriate to effectuate the terms and conditions of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly 3.1. Within ten (10) days after the execution of this Settlement AgreementAgreement or three (3) days after the entry of a remand order to the Court by the First Circuit (whichever is later), Class Counsel shall submit this Agreement together file a motion with its Exhibits to the Court and shall move the Court for seeking Preliminary Approval of this Agreement and the settlement terms of the Settlement as set forth in this Agreement; certification herein, certifying the Class Members as a class for settlement purposes only (the “Settlement Class”), appointment of the
7.2 At Class Counsel and the time Class Representatives, and entry of the submission Preliminary Approval Order which shall set a Final Approval Hearing date and approve the Notice for dissemination substantially in the form attached as Exhibit B.
3.2. The motion seeking Preliminary Approval of this Settlement Agreement to the Court as described above, Class Counsel shall include a request that, after Notice is givengiven and not earlier than 90 days after the later of the dates on which the appropriate Federal official and the appropriate State officials are provided with notice pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. §1715 et seq. (“CAFA”) as set forth in Paragraph 3.4 below, the Court hold a Final Approval Hearing and approve the settlement of the Action as set forth herein.
7.3 3.3. Within ten (10) days of Preliminary Approval by the Court of the settlement, the Settlement Fund shall be transferred to the Escrow Agent in escrow in custodia legis.
3.4. Within ten (10) days following the filing of this Settlement Agreement with the Court, Defendant shall serve upon the appropriate State official of each State in which a Class Member resides and the Attorney General of the United States a notice of the proposed Settlement in compliance with the requirements of CAFA. Defendant is solely responsible for the costs of the CAFA notice and administering the CAFA notice.
3.5. After Notice is given, the Settling Parties shall request and seek to obtain from the Court a entry of Final Judgment substantially in the form of Exhibit H hereto, which will (among other things):that:
(a) find 3.5.1 finds that the Court has personal jurisdiction over all Settlement Class Members and that the Court has subject matter jurisdiction to approve the this Settlement Agreement, including all Exhibits theretoexhibits hereto;
(b) approve 3.5.2 approves the Settlement Agreement and the proposed settlement as fair, reasonable, reasonable and adequate as to, and in the best interests of, the Settlement Class Members; direct directs the Settling Parties and their counsel to implement and consummate the Settlement Agreement according to its terms and provisionsconditions; and declare declares the Settlement Agreement to be binding on, and have res judicata and preclusive effect in in, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and all other Settlement Class Members and Releasing Parties, subject to any exclusions specified above;
(c) find 3.5.3 finds that the Notice implemented pursuant to under the Settlement Agreement
(1) constitutes constituted the best practicable notice under the circumstances; , (2) constitutes constituted notice that is was reasonably calculated, under the circumstances, to apprise the Settlement Class Members of the pendency of the Action, their right to object to or exclude themselves from the proposed Agreement, this Settlement Agreement and to appear at the Final Approval Hearing; , (3) is was reasonable and constitutes constituted due, adequate, adequate and sufficient notice to all persons Persons entitled to receive notice; , and (4) meets met all applicable requirements of the Federal Rules of Civil Procedure, the Due Process Clause of the United States Constitution, Constitution and the rules of the Court;
(d) find 3.5.4 finds that the prerequisites for a class action under Fed. R. Civ. P. 23(a) Class Representatives 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of represented the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(j) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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; conditional certification of thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order substantially in the form of Exhibit F hereto, which order shall set a Final Approval Hearing date and approve the Notice and Claim
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 G 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) conditionally 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 Representatives are typical of the claims of the Settlement Class they seek to represent; (4) the Class Representative has Representatives have and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(j) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
7.4 The Parties agree to stay all proceedings in the Action, other than those proceedings necessary to carry out or enforce the terms and conditions of the Settlement, until the Effective Date of the Settlement has occurred.
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly Within sixty (60) days after the execution of this Settlement Agreement, Class Counsel shall submit this Agreement together with its Exhibits exhibits to the Court and shall move the Court for a Preliminary Approval Order of the settlement Settlement set forth in this Agreement; certification of theconditional
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 finally approve the settlement 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 heretoApproval Order, 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 this Agreement, including all Exhibits theretoexhibits hereto;
(b) approve the this Settlement Agreement and the proposed settlement 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 this Agreement according to its terms and provisions; and declare the this 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 Plaintiff and/or the Releasing Parties;
(c) find that the Notice implemented pursuant to the Agreement
this 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;reasonably
(d) find that the prerequisites for a class action under Fed. R. Civ. P. 23(a) and Fed. R. Civ. P. 23(b) ILCS 735 5/2-801 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 the Settlement Class they seek to representClass; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the this Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the this Settlement Agreement;
(f) incorporate the Release set forth abovein Section 3 above (the “Release”), make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the this Settlement Agreement and Agreement, the Final JudgmentApproval Order, the Settlement, and for any other necessary purpose;
(i) close the caseAction; and
(j) incorporate any other provisions, provisions as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
7.4 The Parties agree to stay all proceedings in the Action, other than those proceedings necessary to carry out or enforce the terms and conditions of the Settlement, until the Effective Date of the Settlement has occurred. The Parties also agree to use their best efforts to seek the stay and dismissal of, and to oppose entry of any interim or final relief in favor of any Settlement Class Member in any other proceedings against any of the Released Parties which challenge the Settlement or otherwise assert or involve, directly or indirectly, a Released Claim.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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; conditional certification of thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval, which order shall set a Final Approval Hearing date and approve the Notice and Claim Form for dissemination substantially in the form of Exhibits A, B, C, and D hereto. The 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 Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of HHS.
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 heretoJudgment, 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
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 Illinois Code of Civil Procedure, the Due Process Clause of the United States Constitutionand Illinois Constitutions, and the rules of the Court;
(d) conditionally find that the prerequisites for a class action under Fed. R. Civ. P. 23(a) and Fed. R. Civ. P. 23(b) ILCS 735 5/2-801 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(j) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly after the execution of this Settlement Agreement, Class Counsel shall submit file this Agreement together with its the Exhibits to annexed hereto with the Court and shall move the Court for Preliminary Approval of the settlement set forth in this Agreement; certification of thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representatives; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice and Claim Form for dissemination substantially in the form of Exhibits A, B, and C hereto. The 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 Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Defendants.
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 finally approve the settlement 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 heretoJudgment, 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 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 the Settlement and Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;and
(i) close the case; and
(j) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 thethe Settlement Class for settlement purposes only, appointment of Class Counsel and the Class Representative, and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Claim Form, Official Notice, and Published Notice for dissemination in accordance with the Notice Plan, substantially in the form of Exhibits A
7.2 At the time of the submission of this Settlement Agreement to the Court as described above, Class Counsel and Defendant’s 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. The 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 Settlement Agreement, including all Exhibits A through D thereto;
(b) approve the Settlement Agreement and the proposed settlement as fair, reasonable, 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 Settlement Agreement according to its terms and provisions; and declare the Settlement 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 Plaintiff and all other Settlement Class Members, Releasing Parties, and their heirs, executors and administrators, successors and assigns;
(c) find that the Notice and the Notice Plan implemented pursuant to the Settlement Agreement
: (1i) constitutes constitute 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(j) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 7.1. Promptly after the execution of this Settlement Agreement, Class Counsel shall submit this Settlement Agreement together with its Exhibits to the Court and shall move the Court for entry of an Order of Preliminary Approval of the settlement set forth in this Settlement Agreement; , which shall include, among other provisions, a request that the Court:
(a) appoint Plaintiff Xxxxxx Xxxxxx as representative of the Settlement Class;
(b) appoint Class Counsel to represent the Settlement Class;
(c) certify the Settlement for settlement purposes only and without prejudice to Chandon’s right to contest the certification of thethe Settlement Class if this Settlement Agreement is not approved;
7.2 At (d) preliminarily approve this Settlement Agreement for purposes of disseminating notice to the time Settlement Class;
(e) approve the form and contents of the submission Notice Plan described in Paragraph 4 of this Settlement Agreement for dissemination to the Settlement Class, as well as the method of its dissemination to members of the Settlement Class;
(f) schedule a Final Approval Hearing to review comments and/or objections regarding this Settlement Agreement, to consider its fairness, reasonableness and adequacy, and the application for an award of attorneys’ fees and reimbursement of expenses and to consider whether the Court as described aboveshall issue a Judgment approving this Settlement Agreement, granting Class Counsel’s application for fees, costs, and incentive award, and dismissing the Action with prejudice.
7.2. After Notice to the Settlement Class is given and after the Objection/Exclusion Deadline has passed, Class Counsel shall request that, after Notice is given, move the Court hold for entry of 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 heretoJudgment, which will (shall include, among other things):provisions, a request that the Court:
(a) find that the Court it has personal jurisdiction over all Settlement Class Members and that the Court has subject matter jurisdiction to approve the this Settlement Agreement, including all Exhibits theretoattached Exhibits;
(b) approve the Settlement Agreement and the proposed settlement as fair, reasonable, 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 Settlement Agreement according to its terms and provisionsconditions; and declare the Settlement Agreement to be binding on, and have res judicata and preclusive effect in in, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs Plaintiff and all other Settlement Class Members and Releasing Parties;
(c) find that the Notice implemented pursuant to the Settlement 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 Members of the pendency of the Action, Action and their right rights to object to or exclude themselves from the proposed Agreement, this Settlement 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 California 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 the Settlement and Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of represented the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the this Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective DateFinal Judgment, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in in, any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) 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 Settlement Agreement) that (1) shall be consistent in all material respects with the Final Judgment, and (2) do not limit the rights of Settlement Class Members;
(i) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(j) incorporate any other provisions, consistent with the material terms of this Settlement Agreement, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice for dissemination substantially in the form of Exhibits B, C, and D hereto. The 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
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 heretoJudgment, 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 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 the Settlement and Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(ji) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice and Claim Form for dissemination substantially in the form of Exhibits A, B, C, and D hereto. The 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 Settlement Agreement and do not limit or impair the rights of the Settlement Class.
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 heretoJudgment, 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 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) Class Representatives 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the respective Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in in, any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(ji) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly Within 30 days after the execution of this Settlement Agreement, Class Counsel shall submit this Agreement together with its Exhibits exhibits to the Court and shall move the Court for Preliminary Approval of the settlement set forth in this Agreement; conditional certification of thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the notice for dissemination substantially in the form of Exhibits B & C
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 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 heretoJudgment, 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 this Agreement, including all Exhibits theretoexhibits hereto;
(b) approve the this 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 this Agreement according to its terms and provisions; and declare the this 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 Plaintiff and Releasing Parties;
(c) find that the Notice implemented pursuant to the Agreement
this 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 AgreementSettlement, and to appear at the Final Approval Hearing; (3) is reasonable and constitutes due, adequate, and sufficient notice to all persons Persons entitled to receive noticeNotice; 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;Illinois Code
(d) find that the prerequisites for a class action under Fed. R. Civ. P. 23(a) and Fed. R. Civ. P. 23(b) ILCS 735 5/2-801 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 the Settlement Class they seek to representClass; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the this Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the this Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the this Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the caseAction; and
(j) incorporate any other provisions, provisions as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
7.4 The Parties agree to stay all proceedings in the Action, other than those proceedings necessary to carry out or enforce the terms and conditions of the Settlement, until the Effective Date of the Settlement has occurred. The Parties also agree to use their best efforts to seek the stay and dismissal of, and to oppose entry of any interim or final relief in favor of any Settlement Class Member in any other proceedings against any of the Released Parties which challenge the Settlement or otherwise assert or involve, directly or indirectly, a Released Claim.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final
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 heretoJudgment, 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 exhibits thereto;
(b) approve the Settlement Agreement and the proposed settlement as fair, reasonable, 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 Members 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 the Settlement and Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party Party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the respective Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in in, any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(ji) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representatives; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice and Claim Form for dissemination substantially in the form of Exhibits A, B, C, and D hereto. The Preliminary Approval Order shall also
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 finally approve the settlement 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 heretoJudgment, which will (among other things):
(a) find that the Court has personal jurisdiction over the all Settlement Class Members and that the Court has subject matter jurisdiction to approve the Agreement, including all Exhibits 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) Class Representatives 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(ji) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly Within sixty (60) days after the execution of this Settlement Agreement, Class Counsel shall submit this Agreement together with its Exhibits exhibits to the Court and shall move the Court for a Preliminary Approval Order of the settlement Settlement set forth in this Agreement; conditional certification of thethis Settlement Class for settlement purposes only; appointment of Class Counsel and this Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice for dissemination substantially in the form of Exhibit A hereto. The 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 this Agreement and its implementing documents (including all exhibits) so long as they are consistent in all material respects with the terms of the Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Bell Flavors and Fragrances.
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 finally approve the settlement 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 heretoApproval Order, 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 this Agreement, including all Exhibits theretoexhibits hereto;
(b) approve the this Settlement Agreement and the proposed settlement 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 this Agreement according to its terms and provisions; and declare the this 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 Plaintiff and/or the Releasing Parties;
(c) find that the Notice implemented pursuant to the Agreement
this 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 AgreementSettlement, and to appear at the Final Approval Hearing; (3) is reasonable and constitutes due, adequate, and sufficient notice to all persons Persons entitled to receive noticeNotice; and (4) meets all applicable requirements of the Federal Rules Illinois Code of Civil Procedure, the Due Process Clause of the United States Constitutionand Illinois Constitutions, 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) ILCS 735 5/2-801 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 the Settlement Class they seek to representClass; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the this Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.to
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the this Settlement Agreement;
(f) incorporate the Release set forth abovein Section 3 above (the “Release”), make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the this Settlement Agreement and Agreement, the Final JudgmentApproval Order, the Settlement, and for any other necessary purpose;
(i) close the caseAction; and
(j) incorporate any other provisions, provisions as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
7.4 The Parties agree to stay all proceedings in the Action, other than those proceedings necessary to carry out or enforce the terms and conditions of the Settlement, until the Effective Date of the Settlement has occurred. The Parties also agree to use their best efforts to seek the stay and dismissal of, and to oppose entry of any interim or final relief in favor of any Settlement Class
Appears in 1 contract
Samples: Class Action Settlement Agreement
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; conditional certification of thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice and Claim Form for dissemination substantially in the form of Exhibits A, B, and C hereto. The 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 Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Termax.
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 heretoJudgment, 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 Plaintiff and Releasing Parties;
(c) find that the Notice implemented pursuant to the Agreement
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 Illinois Code of Civil Procedure, the Due Process Clause of the United States Constitutionand Illinois Constitutions, 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) ILCS 735 5/2-801 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.Settlement
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(j) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
7.4 The Parties agree to stay all proceedings in the Action, other than those proceedings necessary to carry out or enforce the terms and conditions of the Settlement, until the Effective Date of the Settlement has occurred. The Parties also agree to use their best efforts to seek the stay and dismissal of, and to oppose entry of any interim or final relief in favor of any Settlement Class Member in, any other proceedings against any of the Released Parties which challenges the Settlement or otherwise asserts or involves, directly or indirectly, a Released Claim.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representatives; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice and Claim Form for dissemination substantially in the form of Exhibits A, B, C, D, and G hereto. Defendant shall have no obligation to make separate filings in support of the Motion for Preliminary Approval. The Preliminary Approval Order, which shall be substantially similar to Exhibit E, 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 Settlement Agreement and do not limit or impair the rights of the Settlement Class.
7.2 Defendant’s agreement as to certification of the Settlement Class is solely for purposes of effectuating the Settlement and no other purpose. Defendant retains all of its objections, arguments, and defenses with respect to class certification and any other issue, and reserves all rights to contest class certification and any other issue if the Settlement set out in this Agreement does not result in entry of the Final Approval Order and Final Judgment, if the Court’s approval is reversed or vacated on appeal, if this Settlement is terminated as provided herein, or if the Settlement set forth in this Settlement otherwise fails to become effective. The Parties acknowledge that there has been no stipulation to any classes or certification of any classes for any purpose other than effectuating the Settlement, and that if the Settlement set forth in this Settlement Agreement is not finally approved, if the Court’s approval is reversed or vacated on appeal, if this Settlement Agreement is terminated as provided herein, or if the Settlement set forth in this Settlement Agreement otherwise fails to become effective, this agreement as to certification of the Settlement Class becomes null and void ab initio, and this Settlement Agreement or any other settlement-related statement may not be cited regarding certification of the Class, or in support of an argument for certifying any class for any purpose related to the Actions or any other proceeding.
7.3 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 Actions as set forth herein.
7.3 After Notice is given7.4 Not later than fourteen (14) after the Final Approval Hearing, the Parties Plaintiffs shall request and seek to obtain from move the Court a for an entry of Final Judgment in a form substantially in the form of similar to Exhibit H heretoF, 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 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
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 applicable rules of Civil Procedurecivil 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) Class Representatives 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action remaining action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the respective Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in in, any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(ji) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly Within 30 days after the execution of this Settlement Agreement, Class Counsel shall submit this Agreement together with its Exhibits exhibits to the Court and shall move the Court for Preliminary Approval of the settlement set forth in this Agreement; conditional certification of thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the notice for dissemination substantially in the form of Exhibits B & C hereto. The 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) so long as they are consistent in all material respects with the terms of the Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Defendants.
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 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 heretoJudgment, 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 this Agreement, including all Exhibits theretoexhibits hereto;
(b) approve the this 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 this Agreement according to its terms and provisions; and declare the this 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 Plaintiff and Releasing Parties;
(c) find that the Notice implemented pursuant to the Agreement
this 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 AgreementSettlement, and to appear at the Final Approval Hearing; (3) is reasonable and constitutes due, adequate, and sufficient notice to all persons Persons entitled to receive noticeNotice; and (4) meets all applicable requirements of the Federal Rules Illinois Code of Civil Procedure, the Due Process Clause of the United States Constitutionand Illinois Constitutions, 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) ILCS 735 5/2-801 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 the Settlement Class they seek to representClass; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the this Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the this Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the this Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the caseAction; and
(j) incorporate any other provisions, provisions as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
7.4 The Parties agree to stay all proceedings in the Action, other than those proceedings necessary to carry out or enforce the terms and conditions of the Settlement, until the Effective Date of the Settlement has occurred. The Parties also agree to use their best efforts to seek the stay and dismissal of, and to oppose entry of any interim or final relief in favor of any Settlement Class Member in any other proceedings against any of the Released Parties which challenge the Settlement or otherwise assert or involve, directly or indirectly, a Released Claim.
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly Within sixty (60) days after the execution of this Settlement Agreement, Class Counsel shall submit this Agreement together with its Exhibits exhibits to the Court and shall move the Court for a Preliminary Approval Order of the settlement Settlement set forth in this Agreement; conditional certification of thethis Settlement Class for settlement purposes only; appointment of Class Counsel and this Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice for dissemination substantially in the form of Exhibit A hereto. The 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 this Agreement and its implementing documents (including all exhibits) so long as they are
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 finally approve the settlement 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 heretoApproval Order, 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 this Agreement, including all Exhibits theretoexhibits hereto;
(b) approve the this Settlement Agreement and the proposed settlement 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 this Agreement according to its terms and provisions; and declare the this 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 Plaintiff and/or the Releasing Parties;
(c) find that the Notice implemented pursuant to the Agreement
this 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 AgreementSettlement, and to appear at the Final Approval Hearing; (3) is reasonable and constitutes due, adequate, and sufficient notice to all persons Persons entitled to receive noticeNotice; 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;Illinois Code
(d) find that the prerequisites for a class action under Fed. R. Civ. P. 23(a) and Fed. R. Civ. P. 23(b) ILCS 735 5/2-801 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 the Settlement Class they seek to representClass; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the this Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the this Settlement Agreement;
(f) incorporate the Release set forth abovein Section 3 above (the “Release”), make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;and
(i) close the caseAction; and
(j) incorporate any other provisions, provisions as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
7.4 The Parties agree to stay all proceedings in the Action, other than those proceedings necessary to carry out or enforce the terms and conditions of the Settlement, until the Effective Date of the Settlement has occurred. The Parties also agree to use their best efforts to seek the stay and dismissal of, and to oppose entry of any interim or final relief in favor of any Settlement Class Member in any other proceedings against any of the Released Parties which challenge the Settlement or otherwise assert or involve, directly or indirectly, a Released Claim.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice and Claim Forms for dissemination substantially in the form of Exhibits A, B, C, and D hereto. The 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 Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Defendant.
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 heretoJudgment, which will (among other things):will:
(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 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 the Settlement and Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in in, any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;; and
(i) close the case; and
(j) incorporate any other provisions, provisions as necessary or appropriate to effectuate the Court deems necessary terms and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities conditions of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly Within twenty (20) days after the execution of this Settlement Agreement, Class Counsel shall submit this Agreement together with its Exhibits exhibits to the Court and shall move the Court for a Preliminary Approval Order of the settlement Settlement set forth in this Agreement; conditional certification of thethis Settlement Class for settlement purposes only; appointment of Class Counsel and this Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice for dissemination substantially in the form of Exhibit A hereto. The 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 this Agreement and its implementing documents (including all exhibits) so long as they are
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 finally approve the settlement 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 Approval Order. Class Counsel will provide Defendant’s counsel with a draft of the Unopposed Motion for Final Approval no less than seven days in advance of the form of Exhibit H hereto, which filing. The Final Approval Order submitted to the Court will (among other things):
(a) find that the Court has personal jurisdiction over all Settlement Parties and Qualified Class Members and that the Court has subject matter jurisdiction to approve the this Agreement, including all Exhibits theretoexhibits hereto;
(b) approve the this Settlement Agreement and the proposed settlement Settlement as fair, reasonable, and adequate as to, and in the best interests of, the members of the Settlement Class MembersClass; direct the Parties and their counsel to implement and consummate the this Agreement according to its terms and provisions; and declare the this 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 Plaintiff and/or the Releasing Parties;
(c) find that the Notice implemented pursuant to the Agreement
this 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 AgreementSettlement, and to appear at the Final Approval Hearing; (3) is reasonable and constitutes due, adequate, and sufficient notice to all persons Persons entitled to receive noticeNotice; 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;Illinois Code
(d) find that the prerequisites for a class action under Fed. R. Civ. P. 23(a) and Fed. R. Civ. P. 23(b) ILCS 735 5/2-801 have been satisfied for settlement purposes for the Settlement Class in that:
: (1) the number of members of the 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 members of the Settlement Class MembersClass; (3) the claims of the Class Representative are typical of the claims of the Settlement Class they seek to representClass; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the this Settlement Agreement; (5) the questions of law and fact common to members of the Settlement Class Members predominate over any questions affecting any individual member of the Settlement Class MemberClass; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the this Settlement Agreement;
(f) incorporate the Release set forth abovein Section 3 above (the “Release”), make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Qualified Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;and
(i) close the caseAction; and
(j) incorporate any other provisions, provisions as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Qualified Class Members under this Agreement.
7.4 The Parties agree to stay all proceedings in the Action, other than those proceedings necessary to carry out or enforce the terms and conditions of the Settlement, until the Effective Date of the Settlement has occurred. The Parties also agree to use their best efforts to seek the stay and dismissal of, and to oppose entry of any interim or final relief in favor of any Qualified Class Member in any other proceedings against any of the Released Parties which challenge the Settlement or otherwise assert or involve, directly or indirectly, a Released Claim.
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly after 50. This Settlement shall be subject to approval of the execution of this Settlement AgreementCourt. FILED DATE: 5/6/2022 3:09 PM 2021CH00177
51. Plaintiff, through Class Counsel Counsel, shall submit this Agreement Agreement, together with its Exhibits exhibits, to the Court and shall move the Court for Preliminary Approval of the settlement set forth in this Agreement; , certification of thethe Settlement Class, appointment of Class Counsel and the Class Representative, appointment of JND as Settlement Administrator, and entry of the Preliminary Approval Order, substantially in the form of Exhibit B hereto, which order shall seek a Final Approval Hearing date and approve the Notice for dissemination in accordance with this Agreement. Plaintiff’s counsel represents that a courtesy copy of the draft Motion for Preliminary Approval and all supporting documents will be provided to Defendant’s counsel reasonably in advance of the hearing for Defendants review and comment. Defendants shall not oppose Plaintiff’s motion for preliminary approval of the Settlement, and shall cooperate with Plaintiff, through Class Counsel, to take steps reasonably necessary to secure preliminary approval of the Settlement.
7.2 52. At the time of the submission of this Settlement Agreement to the Court as described above, Class Counsel the Parties shall request that, after Notice is given, the Court hold a Final Approval Hearing approximately ninety (90) days after entry of the Preliminary Approval Order and approve the settlement Settlement of the Action Litigation as set forth herein.
7.3 After Notice is given, the Parties shall request and seek 53. At least fourteen (14) days prior 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, or by some other date if so directed by the Court, Plaintiff will move for (i) final approval of the Settlement; (3ii) 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 final appointment of the Class Representative are typical of the claims and Class Counsel; and (iii) final certification of the Settlement Class they seek Class, including for the entry of a Final Order and Judgment identical in all material respects to represent; (4) the Class Representative has proposed Final Order and will continue to fairly Judgment attached hereto as Exhibit C, and adequately represent the interests file a memorandum in support of the Settlement Class motion for purposes of entering into the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) final approval. Plaintiff’s counsel represents that a class action is superior to the other available methods for the fair and efficient adjudication courtesy copy of the controversy.
(e) dismiss the Action (including draft Motion for Final Approval of Settlement and all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs supporting documents will be provided to any party except as provided Defendant’s counsel reasonably in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as advance of the date hearing for Defendants review and comment. Defendants shall not oppose Plaintiff’s motion for final approval of the Effective DateSettlement, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement shall cooperate with Plaintiff, through Class Members from filingCounsel, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality to take steps reasonably necessary to secure final approval of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(j) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this AgreementSettlement.
Appears in 1 contract
Samples: Settlement Agreement
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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representatives; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice for dissemination substantially in the form of Exhibits A, B, and C hereto. The Preliminary Approval Order shall also authorize the Parties,
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 finally approve the settlement Settlement of the Action as set forth herein.
7.3 After Notice is given, the Parties Plaintiffs shall request and seek to obtain from the Court a Final Judgment substantially in the form of Exhibit H heretoJudgment, 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 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 ProcedureCPLR, the Due Process Clause Clauses of the United States Constitutionand New York Constitutions, and the rules of the Court;
(d) find that the prerequisites for a class action under Fed. R. Civ. P. 23(a) Class Representatives 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 the Settlement Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(ji) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice and Claim Form for dissemination substantially in the form of Exhibits A, B, C, and D hereto. The 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 Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Defendant.
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 heretoJudgment, 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 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;direct
(c) find that the Notice implemented pursuant to the Agreement
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 the Settlement and Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement;
(f) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in in, any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(ji) incorporate any other provisions, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge just or modify any rights or responsibilities appropriate to effectuate the terms and conditions of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly Within sixty (60) days after the execution of this Settlement Agreement, Class Counsel shall submit this Agreement together with its Exhibits exhibits to the Court and shall move the Court for a Preliminary Approval Order of the settlement Settlement set forth in this Agreement; conditional certification of thethis Settlement Class for settlement purposes only; appointment of Class Counsel and this Class Representative; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice for dissemination substantially in the form of Exhibit A hereto. The 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 this Agreement and its implementing documents (including all exhibits) so long as they are consistent in all material respects with the terms of the Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Dart Casting, Inc.
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 finally approve the settlement 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 heretoApproval Order, 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 this Agreement, including all Exhibits theretoexhibits hereto;
(b) approve the this Settlement Agreement and the proposed settlement 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 this Agreement according to its terms and provisions; and declare the this 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 Plaintiff and/or the Releasing Parties;
(c) find that the Notice implemented pursuant to the Agreement
this 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 AgreementSettlement, and to appear at the Final Approval Hearing; (3) is reasonable and constitutes due, adequate, and sufficient notice to all persons Persons entitled to receive noticeNotice; and (4) meets all applicable requirements of the Federal Rules Illinois Code of Civil Procedure, the Due Process Clause of the United States Constitutionand Illinois Constitutions, 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) ILCS 735 5/2-801 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 the Settlement Class they seek to representClass; (4) the Class Representative has and will continue to fairly and adequately represent the interests of the Settlement Class for purposes of entering into the this Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.to
(e) dismiss the Action (including all individual claims and Settlement Class Claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in the this Settlement Agreement;
(f) incorporate the Release set forth abovein Section 3 above (the “Release”), make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(g) permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims;
(h) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the this Settlement Agreement and Agreement, the Final JudgmentApproval Order, the Settlement, and for any other necessary purpose;
(i) close the caseAction; and
(j) incorporate any other provisions, provisions as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
7.4 The Parties agree to stay all proceedings in the Action, other than those proceedings necessary to carry out or enforce the terms and conditions of the Settlement, until the Effective Date of the Settlement has occurred. The Parties also agree to use their best efforts to seek the stay and dismissal of, and to oppose entry of any interim or final relief in favor of any Settlement
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 thethe Settlement Class for settlement purposes only; appointment of Class Counsel, the Class Representatives and the Settlement Administrator; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice for dissemination substantially in the form of Exhibits B, C, and D hereto. The Preliminary Approval Order shall also authorize the Parties, without further approval from the Court, to agree to and jointly 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 Settlement Agreement and do not limit or impair the rights of the Settlement Class or materially expand the obligations of Defendant.
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 Actions 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 heretoJudgment, 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 exhibits thereto;
(b) certify the Settlement Class or reaffirm such certification if the Settlement Class was certified in the Preliminary Approval Order, and approve or reaffirm the appointment of Class Counsel, the Class Representatives and the Settlement Administrator;
(c) 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;
(cd) 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 ActionActions, 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;
(de) 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 the Settlement and Class they seek to represent; (4) the Class Representative has and will continue to fairly and Counsel adequately represent the interests of the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (5) the questions of law and fact common to Settlement Class Members predominate over any questions affecting any individual Settlement Class Member; (6) the Settlement Class is ascertainable; and (7) a class action is superior to the other available methods for the fair and efficient adjudication of the controversy.;
(ef) dismiss the Action Actions (including all individual claims and Settlement Class Claims claims presented thereby) on the merits and with prejudice, without fees or costs to any party party, except as provided in the Settlement Agreement;
(fg) incorporate the Release set forth above, make the Release effective as of the date of the Effective Date, and forever discharge the Released Parties as set forth herein;
(gh) permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on relating to or concerning the Released Claims;
(hi) without affecting the finality of the Final Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Judgment, and for any other necessary purpose;
(i) close the case; and
(j) incorporate any other provisionsprovisions not materially inconsistent with this Settlement Agreement, as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
