Common use of Preliminary Approval Order Clause in Contracts

Preliminary Approval Order. As soon as practicable after execution of this Agreement, Class Counsel shall submit this Agreement together with all exhibits referenced herein to the Court, and shall apply to the Court for entry of the Preliminary Approval Order in the form of Exhibit 5 attached hereto. The proposed Preliminary Approval Order shall, among other things: a. preliminarily approve this Agreement (subject to the Final Approval Hearing) as fair and reasonable; b. preliminarily certify the Settlement Class for settlement purposes only; c. appoint Plaintiff’s undersigned counsel as Class Counsel; d. appoint Plaintiff as the Class Representative; e. appoint KCC as the Settlement Administrator; f. set a schedule for proceedings concerning final approval of this Settlement, including, but not limited to, scheduling a Final Approval Hearing date, which the parties shall request to be set no earlier than two hundred and twenty days (220) days after entry of the Preliminary Approval Order; g. approve the manner and form of Class Notice and authorize same for dissemination in accordance with Section 7 of this Agreement; h. approve the manner in which, and deadline by which, Persons in the Settlement Class may submit a Request for Exclusion as described in Sections 2.41 and 10.1 of this Agreement; i. set a time and date for objections by Parties and Class Members and a Final Approval Hearing, which may be continued from time to time without the necessity of further notice, the opt-out deadline and the Objection Deadline; j. the Court’s Preliminary Approval Order shall reflect that the Parties’ agree that this Settlement does not amount to an admission of liability and that the Settlement is not admissible in any future lawsuit to suggest any TCPA liability or that a class would be appropriately certified;

Preliminary Approval Order. The Parties shall promptly seek the Court’s approval of this settlement, but in no event earlier than June 12, 2024. As soon as practicable on or after execution of this AgreementJune 12, Class 2024, Plaintiff and Plaintiff’s Counsel shall submit this Agreement together with all exhibits referenced herein to the Court, and shall apply to the Court for the entry of the a Preliminary Approval Order which would accomplish the following: (a) preliminarily approves the settlement subject to the final review and approval by the Court; (b) certifies the Settlement Class and appoints Plaintiff as Settlement Class Representative and the law firm of Xxxxx Xxxxx, PLLC as Settlement Class Counsel for purposes of the settlement only; (c) preliminarily approves the Settlement Administrator selected by the Parties and preliminarily approves payment of the Settlement Administrator’s reasonable costs, subject to final review and approval by the Court; (d) preliminarily approves an award of attorneys’ fees and costs to Plaintiff’s Counsel, subject to final review and approval by the Court; (e) preliminarily approves a service award to Plaintiff, subject to final review and approval by the Court; (f) approves, as to form and content, the proposed Notice and Claim Form attached hereto as Exhibits A and B, respectively; (g) directs the emailing and mailing of the Notice and Claim Form to the Settlement Class Members; (h) directs the emailing of the Supplemental Notice in the form of attached hereto as Exhibit 5 attached hereto. The proposed Preliminary Approval Order shall, among other things: a. preliminarily approve this Agreement (subject C to the Final Approval Hearing) as fair and reasonable; b. preliminarily certify the Settlement Class Members who have not requested exclusion and who have not submitted a claim form as of the 30th day of the notice period, in accord with Paragraph 14, above; and (i) schedules a final approval hearing on the question of whether the settlement, including the payment of attorneys’ fees and costs and the service award should be finally approved as fair, reasonable, and adequate, and finally resolving any outstanding issues or disputes remaining from the administration of the Notice. Not later than 7 days before filing the motion for settlement purposes only; c. appoint preliminary approval, Plaintiff’s undersigned counsel as Class Counsel; d. appoint Plaintiff as the Class Representative; e. appoint KCC as the Settlement Administrator; f. set Counsel will submit a schedule near-final draft thereof (including all supporting papers and proposed order) to Defendants’ Counsel for proceedings concerning final approval of this Settlement, including, but not limited to, scheduling their review and comments. Defendants’ Counsel shall promptly provide Plaintiff’s Counsel a Final Approval Hearing dateredline draft with any proposed changes, which the parties Plaintiff’s Counsel shall request to be set no earlier than two hundred and twenty days (220) days after entry of the Preliminary Approval Order; g. approve the manner and form of Class Notice and authorize same for dissemination consider in accordance with Section 7 of this Agreement; h. approve the manner in which, and deadline by which, Persons in the Settlement Class may submit a Request for Exclusion as described in Sections 2.41 and 10.1 of this Agreement; i. set a time and date for objections by Parties and Class Members and a Final Approval Hearing, which may be continued from time to time without the necessity of further notice, the opt-out deadline and the Objection Deadline; j. the Court’s Preliminary Approval Order shall reflect that the Parties’ agree that this Settlement does not amount to an admission of liability and that the Settlement is not admissible in any future lawsuit to suggest any TCPA liability or that a class would be appropriately certified;good faith.

Preliminary Approval Order. As soon 1 Class Action Settlement and Hearing Date for Final Court Approval (“Class Notice”), submitted 2 as practicable after execution of this Agreement, Class Counsel shall submit this Agreement together with all exhibits referenced herein Exhibit A to the CourtAgreement. The Court finds that the Class Notice appears to fully and 3 accurately inform the Class of all material elements of the proposed Settlement, of the Class 4 Members’ right to be excluded from the Class by submitting a written opt-out request, and shall apply of each 5 Class Member’s right and opportunity to object to the Settlement. The Court for entry further finds that the 6 distribution of the Preliminary Approval Order Class Notice substantially in the form of Exhibit 5 attached hereto. The proposed Preliminary Approval Order shall, among other things: a. preliminarily approve this Agreement (subject to the Final Approval Hearing) as fair and reasonable; b. preliminarily certify the Settlement Class for settlement purposes only; c. appoint Plaintiff’s undersigned counsel as Class Counsel; d. appoint Plaintiff as the Class Representative; e. appoint KCC as the Settlement Administrator; f. set a schedule for proceedings concerning final approval of this Settlement, including, but not limited to, scheduling a Final Approval Hearing date, which the parties shall request to be set no earlier than two hundred and twenty days (220) days after entry of the Preliminary Approval Order; g. approve the manner and form set forth in the Agreement 7 and this Order meets the requirements of due process, is the best notice practicable under the 8 circumstances, and shall constitute due and sufficient notice to all persons entitled thereto. The 10 the Agreement. If a Class Notice Packet is returned because of an incorrect address, the 11 Settlement Administrator will promptly search for a more current address for the Class Member 12 and authorize same re-mail the Class Notice Packet to the Class Member no later than seven (7) days after the 13 receipt of the undelivered Class Notice. 14 9. The Court hereby appoints Phoenix Class Action Administration Solutions as 15 Administrator for dissemination in accordance with Section 7 the Settlement. No later than fifteen (15) calendar days after issuance of this 16 Order, Defendant shall provide to the Administrator with the Class Data. This information will 17 otherwise remain confidential and will not be disclosed to anyone, except as required to applicable 18 taxing authorities, to carry out the procedures in the Agreement; h. approve , or pursuant to Defendant’s 19 express written authorization or by order of the manner in whichCourt. The Administrator will perform address 20 updates and verifications as necessary prior to the mailing of the Class Notice. Using best efforts 21 to mail it as soon as possible, and deadline by whichin no event later than fourteen (14) calendar days after receiving 22 the Class Data, Persons in the Settlement Administrator will mail the Class may submit a Request for Exclusion as described in Sections 2.41 and 10.1 of this Agreement; i. set a time and date for objections by Parties and Notice to all Class Members and a Final Approval Hearing, which via first-class 24 10. The Court hereby preliminarily approves the proposed procedure for exclusion 25 from the Settlement. Any Class Member may be continued from time individually choose to time without the necessity of further notice, the opt-out deadline of and be excluded 26 from the Objection Deadline; j. Class as provided in the Court’s Preliminary Approval Order shall reflect that Class Notice by following the Parties’ agree that this Settlement does not amount to an admission of liability and that instructions set forth in the Settlement is not admissible in any future lawsuit to suggest any TCPA liability or that a class would be appropriately certified;Class

Preliminary Approval Order. As soon as practicable Within three (3) days after execution of this AgreementAgreement by Plaintiff and by Cruise Defendants, Class Counsel shall submit this Agreement together with all exhibits referenced herein to the Court, and shall apply to the Court for entry of the Preliminary Approval Order in the form of Exhibit 5 3 attached hereto. The proposed Preliminary Approval Order shall, among other things: a. (a) preliminarily approve this Agreement (subject to the Final Approval Hearing) as fair and reasonable; b. (b) preliminarily certify the Settlement Class for settlement purposes only; c. (c) appoint Plaintiff’s undersigned counsel as Class Counsel; d. (d) appoint Plaintiff as the Class Representative; e. (e) appoint KCC Class Counsel and Cruise Defendants’ Counsel jointly as the Settlement Administrator; f. (f) set a schedule for proceedings concerning final approval of this Settlement, including, but not limited to, scheduling a Final Approval Hearing date, which the parties Parties shall request to be set no earlier than two one hundred and twenty days (220120) days after entry of the Preliminary Approval Order; g. (g) approve the manner and form of Class Notice and authorize same for dissemination in accordance with Section 7 of this Agreement; h. (h) approve the manner in which, and deadline by which, Persons in the Settlement Class may submit a Request for Exclusion as described in Sections 2.41 2.38 and 10.1 10 of this Agreement;; and i. (i) set a time and date for objections by Parties and Class Members and a Final Approval Hearing, which may be continued from time to time without the necessity of further notice, the opt-out optout deadline and the Objection Deadline; j. the Court’s Preliminary Approval Order shall reflect that the Parties’ agree that this Settlement does not amount to an admission of liability and that the Settlement is not admissible in any future lawsuit to suggest any TCPA liability or that a class would be appropriately certified;.

Preliminary Approval Order. As soon as practicable after execution a. Plaintiff will file an unopposed motion for an order conditionally certifying the Settlement Class, appointment of this Agreement, Class Counsel shall submit this Agreement together with all exhibits referenced herein and the Class Representatives, giving Preliminary Approval to the Courtsettlement, and shall apply to the Court for entry of the Preliminary Approval Order Order, substantially in the form of Exhibit 5 that attached hereto. The proposed Preliminary Approval Order shallas an Exhibit, among other things: a. preliminarily approve this Agreement (subject to setting a date for the Final Approval Hearing) as fair , and reasonable;approving the Notice (the “Unopposed Motion for Preliminary Approval”). The motion will also request a stay of the Litigation and Plaintiff agrees not to initiate or continue any proceedings or requests for relief relating to the events underlying the Litigation, other than proceedings incident to this settlement. b. preliminarily certify At the Settlement Class for settlement purposes only; c. appoint Plaintiff’s undersigned counsel as Class Counsel; d. appoint Plaintiff as time of the Class Representative; e. appoint KCC as the Settlement Administrator; f. set a schedule for proceedings concerning final approval submission of this SettlementSettlement Agreement to the Court as described above, includingthe Parties shall request that, but not limited toafter Notice is given, scheduling the Court hold a Final Approval Hearing date, which the parties shall request to be set no earlier than two hundred and twenty days (220) approximately 120 days after entry of the Preliminary Approval Order; g. Order and approve the manner settlement of the Litigation as set forth herein. c. Contemporaneously with filing the Unopposed Motion for Preliminary Approval, Plaintiff will file an unopposed motion to amend the complaint (for settlement purposes only) to name additional defendants affiliated with the non- Defendant Communities, to be consistent with the class definition in Paragraph 43. d. At the hearing on the Unopposed Motion for Preliminary Approval, the Parties will jointly appear, support the granting of the Unopposed Motion for Preliminary Approval and form of Class Notice and authorize same for dissemination in accordance with Section 7 of this Agreement; h. approve the manner in whichmotion to amend, and deadline by which, Persons in submit a proposed order: granting conditional certification of the Settlement Class may submit a Request for Exclusion as described in Sections 2.41 and 10.1 preliminary approval of this the Settlement Agreement; i. set a time and date for objections by Parties ; granting the motion to amend the complaint consistent with Paragraph 50(c); staying the Litigation; appointing the Class Representatives and Class Members Counsel; approving the forms of Notice to the Settlement Class of the settlement; and a setting the Final Approval Hearing, which may be continued from time . e. Should the Court decline to time without preliminarily approve any aspect of the necessity of further noticeSettlement Agreement, the opt-out deadline Settlement Agreement will be null and void, the Parties will have no further obligations under it, and the Objection Deadline; j. Parties will revert to their prior positions in the Court’s Preliminary Approval Order shall reflect that Litigation as if the Parties’ agree that this Settlement does settlement had not amount to an admission of liability and that the Settlement is not admissible in any future lawsuit to suggest any TCPA liability or that a class would be appropriately certified;occurred.

Preliminary Approval Order. As soon as practicable after execution On or before August 15, 2014, unless otherwise agreed by the Parties, Plaintiffs will seek the District Court’s approval of this Agreement, Class Counsel shall submit this Agreement together with all exhibits referenced herein to the Court, Settlement by filing an appropriate motion for preliminary approval and shall apply to the Court for seeking entry of the Preliminary Approval Order in the form of Exhibit 5 attached heretoOrder. The proposed Parties shall cooperate in presenting such papers to the District Court as may be necessary to effectuate the intent and purposes of this Agreement. Among other things, the Preliminary Approval Order shall, among other thingsshall specifically include the following: a. preliminarily approve A determination that, for settlement purposes only, the Xxxxxx Action may be maintained as a class action on behalf of the Settlement Class, including the Injunctive Relief Class and the Claims Class; b. A finding that the Class Notice satisfies the requirements of due process and the Federal Rules of Civil Procedure and any other applicable laws; c. A preliminary finding that this Agreement (subject is fair, reasonable, adequate and within the range of possible approval; d. A preliminary finding that Plaintiffs fairly and adequately represent the interests of the Settlement Class; e. A preliminary finding that Class Counsel are adequate to act as counsel for the Settlement Class; f. A date for the Final Approval Hearing) as fair and reasonable; b. preliminarily certify the Settlement Class for settlement purposes only; c. appoint Plaintiff’s undersigned counsel as Class Counsel; d. appoint Plaintiff as the Class Representative; e. appoint KCC as the Settlement Administrator; f. set a schedule for proceedings concerning final approval of this Settlement, including, but not limited to, scheduling a Final Approval Hearing date, which the parties shall request to be set no earlier than two hundred and twenty days seventy-five (220275) days after entry of the Preliminary Approval Order, to determine whether there exists any reason why the Settlement should not be approved as being fair, reasonable and adequate, and in the best interests of the Settlement Class, and why judgment should not be entered thereon; g. approve A procedure for persons in the manner Claims Class to opt out and form for Settlement Class Members to object to the proposed Settlement, with a postmark deadline of Class sixty (60) days after the Notice and authorize same for dissemination in accordance with Section 7 of this AgreementDeadline, after which no person shall be allowed to opt out or object to the proposed Settlement; h. approve A Claim Deadline of sixty (60) days after the manner in whichNotice Deadline, and deadline by which, Persons in the Settlement Class may after which no person shall be allowed to submit a Request for Exclusion as described in Sections 2.41 and 10.1 of this AgreementClaim Form; i. set Entry of a time and date for objections by Parties and preliminary injunction as to Plaintiffs, all Claims Class Members who do not exclude themselves from the Settlement and any person or entity allegedly acting on behalf of a Final Approval Hearingnon-excluded Settlement Class Member in any capacity from commencing or prosecuting against either of the Defendants or any of the other Released Parties any action or proceeding in any court or tribunal asserting any of the Released Claims; and j. Entry of a stay of all proceedings in the Actions, which except as may be continued from time necessary to time without the necessity of further notice, the opt-out deadline and the Objection Deadline; j. the Court’s Preliminary Approval Order shall reflect that the Parties’ agree that this Settlement does not amount to an admission of liability and that implement the Settlement is not admissible in any future lawsuit to suggest any TCPA liability or that a class would be appropriately certified;comply with the terms of the Agreement.

Preliminary Approval Order. As soon as practicable after Promptly following the execution of this Agreement, Class Counsel shall submit this Agreement together with all exhibits referenced herein to the Court, and shall apply to the Court Court, and Defendant’s Counsel shall file a notice joining such application or otherwise not oppose such application, for entry of the Preliminary Approval Order in the form of Exhibit 5 attached hereto. The proposed Preliminary Approval Order shall, among other things: a. preliminarily approve this Settlement Agreement (subject to the Final Approval Hearing) as fair and reasonable; b. preliminarily certify the Settlement Class for settlement purposes only; c. appoint Plaintiff’s undersigned counsel as Class Counsel; d. c. appoint Plaintiff as the Class Representative; e. d. appoint KCC as the Settlement Administrator; f. e. set a schedule for proceedings concerning final approval of this Settlement, including, but not limited to, scheduling a Final Approval Hearing date, which the parties shall request to be set scheduled no earlier than two one hundred and twenty days thirty (220130) days after entry of the Preliminary Approval Order; g. f. approve the manner and form of Class Notice and authorize same for dissemination in accordance with Section 7 of this Agreement; h. g. approve the manner in which, which and deadline by which, Persons which persons in the Settlement Class may submit a Request for Exclusion as described in Sections 2.41 and 10.1 of this AgreementExclusion; i. set a time and date for objections by Parties and Class Members and h. schedule a Final Approval Hearing; i. provide, which may be continued from time to time without the necessity pending entry of further noticea Final Approval Order and Judgment, the opt-out deadline and Parties shall cooperate in seeking orders that no person in the Objection DeadlineSettlement Class shall commence or continue any action, in any capacity, against Defendant or any other Released Parties asserting any of the Released Claims; j. issue a stay in the Court’s Action, other than such proceedings as are related to this Settlement Agreement; and k. provide Defendant has made no admissions in relation to the negotiation or execution of this Settlement Agreement or any document based upon, arising out of, related to, or otherwise in connection therewith. The Preliminary Approval Order shall reflect that further authorize the Parties’ , without further approval from the Court, to agree that to and adopt such amendments, modifications, and expansions of this Settlement does Agreement and its implementing documents, including, but not amount limited to, all exhibits hereto, so long as such amendments, modifications, and expansions are consistent in all material respects with the proposed terms of the Final Approval Order and Judgment as set forth in Exhibit 2 to an admission of liability and that the this Settlement is not admissible in any future lawsuit to suggest any TCPA liability or that a class would be appropriately certified;Agreement.

Preliminary Approval Order. As soon Plaintiffs will seek the District Court’s approval of this Agreement by filing an appropriate Motion for Preliminary Approval and seeking entry of a Preliminary Approval Order, substantially in the form attached hereto as practicable after execution Exhibit B. The Parties shall cooperate in presenting such papers to the District Court as may be necessary to effectuate the intent and purposes of this Agreement. Among other things, the Preliminary Approval Order shall specifically include the following: a. A determination that, for settlement purposes only, the Xxxxx Action may be maintained as a class action on behalf of the Settlement Class; b. A finding that Direct Mail Notice is the only notice required, and that such Direct Mail Notice satisfies the requirements of due process, the Federal Rules of Civil Procedure and any other applicable laws; c. A preliminary finding that this Agreement is fair, reasonable, adequate and within the range of possible approval; d. A preliminary finding that Plaintiffs fairly and adequately represent the interests of the Settlement Class; e. A preliminary appointment of Plaintiffs’ Class Counsel finding that Class Counsel are adequate to act as counsel for the Settlement Class; f. A scheduled date for the Final Fairness Hearing, which the Parties shall submit this Agreement together with all exhibits referenced herein to the Court, and shall apply to the Court for request be approximately one hundred fifty (150) days after entry of the Preliminary Approval Order Order, to determine whether there exists any reasonable basis why the settlement should not be approved as being fair, reasonable and adequate, and in the form best interests of Exhibit 5 attached hereto. The proposed Preliminary Approval Order shall, among other things: a. preliminarily approve this Agreement (subject to the Final Approval Hearing) as fair and reasonable; b. preliminarily certify the Settlement Class for settlement purposes onlyand why Judgment should not be entered thereon; c. appoint Plaintiff’s undersigned counsel as Class Counsel; d. appoint Plaintiff as the Class Representative; e. appoint KCC as the Settlement Administrator; f. set g. Establishment of a schedule procedure for proceedings concerning final approval of this Settlement, including, but not limited to, scheduling filing claims and setting a Final Approval Hearing date, which the parties shall request deadline to be set file claims that is no earlier later than two one hundred and twenty days five (220105) days after entry of the Preliminary Approval Order; g. approve h. Establishment of a procedure for Settlement Class Members to opt-out of the manner proposed settlement and form setting a postmark deadline of one hundred and five (105) days after entry of the Preliminary Approval Order, after which no Settlement Class Notice and authorize same for dissemination in accordance with Section 7 Member shall be allowed to opt-out of this Agreement; h. approve the manner in which, and deadline by which, Persons in the Settlement Class may submit a Request for Exclusion as described in Sections 2.41 and 10.1 of this AgreementClass; i. set Establishment of a time procedure for Settlement Class Members to object to the proposed settlement and date for objections by Parties setting a postmark deadline of one hundred and five (105) days after entry of the Preliminary Approval Order, after which no Settlement Class Member shall be allowed to object to the proposed settlement; j. Entry of a preliminary injunction as to Plaintiffs, all Settlement Class Members and any person or entity allegedly acting on behalf of Settlement Class Members, either directly, representatively or in any other capacity, enjoining them from commencing or prosecuting against the Released Parties, any action or proceeding in any court or tribunal asserting any of the Released Claims; and k. Entry of a Final Approval Hearing, which stay of all proceedings in the Xxxxx Action except as may be continued from time necessary to time without implement the necessity settlement or comply with the terms of further notice, the opt-out deadline and the Objection Deadline; j. the Court’s Preliminary Approval Order shall reflect that the Parties’ agree that this Settlement does not amount to an admission of liability and that the Settlement is not admissible in any future lawsuit to suggest any TCPA liability or that a class would be appropriately certified;Agreement.