Preliminary Approval Order and Settlement Hearing. 6.1. Lead Counsel shall submit the Stipulation to the Court and shall apply for entry of the Preliminary Approval Order in the form of Exhibit A attached hereto, requesting, inter alia, the preliminary approval of the Settlement set forth in the Stipulation. Though the parties agree that it is not practical to establish a timeline or to create the detailed contents of a Notice at this time, the eventual Notice, to also be approved by the Court prior to distribution, will set forth a summary of the terms of the Stipulation (including a description of the Released Class Claims); the proposed Plan of Allocation and Lead Counsel’s request for attorneys’ fees, costs and expenses; the date and time of the Settlement Hearing; the right to object to the Settlement, proposed Plan of Allocation, or request for fees and expenses; the right to appear at the Settlement Hearing; and the right to request exclusion from the Settlement Class.
Preliminary Approval Order and Settlement Hearing. 3.1 Promptly after execution of the Stipulation, Lead Counsel shall submit the Stipulation together with its Exhibits to the Court and shall apply for entry of an order (the “Preliminary Approval Order”), substantially in the form of Exhibit A attached hereto, requesting, among other things, the preliminary approval of the Settlement set forth in the Stipulation, and approval for the mailing of a settlement notice (the “Notice”) and publication of a summary notice, substantially in the forms of Exhibits A-1 and A-3 attached hereto. The Notice shall include the general terms of the Settlement set forth in the Stipulation, the proposed Plan of Allocation, the general terms of the Fee and Expense Application, as defined in ¶6.1 hereof, and the date of the Settlement Hearing and notice that the Settlement Hearing may be conducted telephonically.
Preliminary Approval Order and Settlement Hearing. 5.1. Within fifteen (15) calendar days of the execution of this Stipulation, Lead Counsel shall submit this Stipulation and its exhibits to the Court and shall apply for preliminary approval of the Settlement set forth in this Stipulation, entry of the Preliminary Approval Order, approval for the dissemination of notice, and the scheduling of a hearing for final approval of the Settlement. The Preliminary Approval Order to be submitted to the Court shall contain the exhibits substantially in the form set forth in: (i) the Long Notice (Exhibit A-1); (ii) the Proof of Claim (Exhibit A-2); and (iii) Summary Notice (Exhibit A-3). The Notice shall include the general terms of the Settlement and the provisions of the Plan of Allocation and shall set forth the procedure by which recipients of the Notice may object to the Settlement or the Plan of Allocation or request to be excluded from the Settlement Class. The date and time of the Settlement Hearing shall be added to the Long Notice and Summary Notice before they are disseminated or otherwise provided to Settlement Class Members. Defendants shall not object to, or have any responsibility for, Lead Counsel’s proposed Plan of Allocation.
Preliminary Approval Order and Settlement Hearing. 3.1 Promptly (and no later than ten (10) business days) after execution of the Stipulation, Federal Lead Plaintiff shall submit the Stipulation together with its Exhibits to the Court and shall apply for entry of the Preliminary Approval Order, substantially in the form of Exhibit A attached hereto, requesting, inter alia, the preliminary approval of the settlement set forth in the Stipulation; certification of the class for purposes of settlement as specified in ¶ 1.28; setting of dates for the mailing of the Notice, claims deadline, opt out date, objection date, and Settlement Hearing; approval of the Claims Administrator; approval of the Notice; approval of the form and content of the Proof of Claim and Release; and approval of the publication of the Summary Notice, substantially in the forms of Exhibits X-0, X-0, and A-3 attached hereto. The Notice shall include the general terms of the settlement set forth in the Stipulation, the proposed Plan of Allocation and the general terms of the Fee and Expense Application, as defined in ¶7.1 hereof, and the date of the Settlement Hearing.
Preliminary Approval Order and Settlement Hearing. 3.1 Promptly after execution of the Stipulation, Lead Counsel shall submit the Stipulation together with its Exhibits to the Court and shall apply for entry of an order (the “Preliminary Approval Order”), substantially in the form of Exhibit A attached hereto, requesting, inter alia, the preliminary approval of the Settlement set forth in the Stipulation, and approval for the mailing of a settlement notice (the “Notice”) and publication of a summary notice, substantially in the forms of Exhibits A-1 and A-3 attached hereto. The Notice shall include the general terms of the Settlement set forth in the Stipulation, the proposed Plan of Allocation, the general terms of the Fee and Expense Application, as defined in ¶6.1 hereof, and the date of the Settlement Hearing as defined below. Upon exhaustion of the Settlement Fund, the Claims Administrator shall within five (5) business days thereafter take down, deactivate or otherwise delete any website or domain established for purposes of publicizing or administering the Settlement.
Preliminary Approval Order and Settlement Hearing. 5.1 Promptly after execution of the Stipulation, the Settling Parties shall submit the Stipulation together with its Exhibits to the Court and shall apply for entry of an order (the “Preliminary Approval Order”), in the form of Exhibit A hereto, requesting, inter alia, certification of the settlement class, preliminary approval of the Settlement set forth in the Stipulation, and approval for distributing the Notice of Pendency and Proposed Settlement of Class Action (the “Notice”) in the form of Exhibits A-1 and A-3 hereto. The Notice shall include the general terms of the Settlement set forth in the Stipulation, the proposed Plan of Allocation, the general terms of the Fee and Expense Application and the date of the Settlement Hearing.
Preliminary Approval Order and Settlement Hearing. 3.1 Immediately following execution of this Stipulation, Lead Counsel shall submit this Stipulation together with its Exhibits to the Court and shall apply for entry of an order (the “Preliminary Approval Order”), substantially in the form of Exhibit A attached hereto, requesting, inter alia, certification of the Settlement Class for settlement purposes, the preliminary approval of the Settlement set forth in this Stipulation, and approval for the mailing of a settlement notice (the “Notice”) and publication of a summary notice (“Summary Notice”), substantially in the forms of Exhibits A-1 and A-3 attached hereto. The Notice shall include the general terms of the Settlement set forth in this Stipulation, the proposed Plan of Allocation, the general terms of the Fee and Expense Application, as defined in ¶6.1 hereof, and the date of the Settlement Hearing, as defined below.
Preliminary Approval Order and Settlement Hearing. 3.1 Promptly after execution of the Settlement Agreement, the Parties shall submit the Settlement Agreement together with its Exhibits to the Court and shall apply for entry of the Preliminary Approval Order, substantially in the form of Exhibit A hereto, requesting, inter alia, (1) preliminary approval of the Settlement, (2) approval of the Notice for mailing, substantially in the form of Exhibit A-1 hereto, (3) approval of the Proof of Claim form to be executed by Class Members in making a claim under the Settlement, substantially in the form of Exhibit A-2 hereto; (4) approval of a form of Summary Notice for publication, substantially in the form of Exhibit A-3 hereto, and (5) that a Settlement Hearing be set for the Court’s final consideration of approval of the Settlement, the Plan of Allocation, and the Fee and Expense Application. The Notice shall include the general terms of the Settlement as set forth in this Settlement Agreement, the proposed Plan of Allocation, the general terms of the Fee and Expense Application and the date of the Settlement Hearing.
Preliminary Approval Order and Settlement Hearing. 23 4.1 Promptly after execution of this Stipulation, Plaintiffs’ Counsel shall submit this 24 Stipulation together with its Exhibits to the Court, and shall apply for preliminary approval of the 25 Settlement set forth in this Stipulation, entry of the Preliminary Approval Order, substantially in the 26 form of Exhibit A hereto, and approval for the mailing of the Postcard Notice, the posting of the 27 Notice on the Settlement website, and the publication of the Summary Notice, substantially in the 28 forms of Exhibits A-1, A-2 and A-3 hereto. The Notice shall include the general terms of the 1 Settlement set forth in this Stipulation, the proposed Plan of Allocation, the general terms of the Fee 2 and Expense Application (as defined in ¶7.1), and shall set the date of the Court’s hearing to determine 3 whether to grant final approval of the Settlement as set forth herein (the “Final Approval Hearing”).
Preliminary Approval Order and Settlement Hearing. 5.1. As soon as practicable after execution of this Stipulation, and no later than five (5) Business Days after the execution of the Stipulation, Lead Counsel shall submit this Stipulation and its exhibits to the Court and shall apply for preliminary approval of the Settlement set forth in this Stipulation, entry of a preliminary approval order substantially in the form of Exhibit A, and approval for the mailing and dissemination of notice and Proof of Claim form substantially in the form of Exhibits A-1, A-2, and A-3. The mailed Notice (Exhibit A-1) shall include the general terms of the Settlement and the provisions of the Plan of Allocation, and shall set forth the procedure by which recipients of the Notice may object to the Settlement or the Plan of Allocation or request to be excluded from the Settlement Class. The date and time of the Settlement Hearing shall be added to the Notice before it is mailed or otherwise provided to Potential Settlement Class Members (defined below). Defendants shall not object to, and Defendants and the other Defendants’ Releasees shall not have any responsibility for, Lead Counsel’s proposed Plan of Allocation.
