Preliminary Court Approval. 8.3 Promptly after execution of this Settlement by the Parties, counsel for the Parties shall present this Settlement to the Court for review and jointly seek entry of an order that certifies the Class as a settlement class, grants preliminary approval of this Settlement, and directs the Settlement Administrator to provide notice of the Settlement in the manners listed herein.
8.4 No later than 20 days before the Court hearing on final approval of the Settlement, the Settlement Administrator shall provide affidavits for the Court, with a copy to Co-Lead Class Counsel and FCA US, attesting that Notice was disseminated in a manner consistent with the terms of this Settlement Agreement, or as otherwise required by the Court.
Preliminary Court Approval. 1. Promptly after execution of this Settlement Agreement by the Parties, counsel for the Parties shall present this Settlement Agreement to the Court for review and jointly seek entry of an order that certifies the Class as a Settlement Class, grants preliminary approval of this Settlement Agreement, and directs Defendants to provide notice of the Settlement in the manners listed herein.
2. No later than 20 days before the Fairness Hearing, Defendants shall provide affidavits for the Court, with a copy to Class Counsel, attesting that notice was disseminated in a manner consistent with the terms of this Settlement Agreement, or as otherwise required by the Court.
Preliminary Court Approval. 1. Promptly after execution of this Settlement by the Parties, counsel for the Parties shall present this Settlement to the Court for review and jointly seek entry of an order that certifies the Class as a settlement class, grants preliminary approval of this Settlement, and directs HMA and KMA to provide notice of the Settlement in the manners listed herein.
2. No later than twenty (20) days before the Court hearing on final approval of the Settlement, HMA and KMA shall provide affidavits for the Court, with a copy to Class Counsel, attesting that notice was disseminated in a manner consistent with the terms of this Settlement Agreement, or as otherwise required by the Court.
Preliminary Court Approval. 7.1. The Parties shall cooperate, assist, and undertake all necessary actions to accomplish the steps contemplated by this Settlement Agreement and to implement this Settlement Agreement on the terms and conditions provided herein.
7.2. Within thirty (30) days after execution of this Settlement Agreement, Plaintiffs shall submit a motion to the Court for preliminary approval of this Settlement Agreement and to direct notice to the Settlement Class (the “Preliminary Approval Motion”), seeking entry of the Preliminary Approval Order. For purposes of settlement only, Defendants shall not oppose this motion.
7.3. Pursuant to the Class Action Fairness Act (“CAFA”), no later than ten (10) days after this Settlement Agreement is filed with the Court, Defendants shall cause at their sole expense timely service of proper notice of the proposed settlement upon those who are entitled to such notice pursuant to CAFA.
7.4. On the same day that Plaintiffs file the Preliminary Approval Motion, the Parties shall submit to the Court an unopposed motion to continue the current stay during the pendency of the settlement proceedings contemplated by this Settlement Agreement in accordance with Section 11.
Preliminary Court Approval. Plaintiffs and the Hannibal Defendants shall recommend approval of this Settlement Agreement by the Court and all reviewing courts. Plaintiffs and the Hannibal Defendants shall use their best efforts to effectuate this Settlement Agreement and obtain judicial approval for the establishment of procedures to secure the prompt, complete, and final dismissals with prejudice of the Lawsuit.
Preliminary Court Approval. 7.3 Promptly after execution of this Settlement by the Parties, counsel for the Parties shall present this Settlement to the Court for review and jointly seek entry of an order that certifies both the Damages Class and Declaratory Relief Class as the Settlement Classes, grants preliminary approval of this Settlement, and directs the Settlement Administrator to provide notice of the Settlement in the manner detailed herein.
7.4 No later than 20 days before the Court hearing on final approval of the Settlement, the Settlement Administrator shall provide affidavits for the Court, with a copy to Class Counsel, NERS’s Counsel and Scranton’s Counsel, attesting that Notice was disseminated in a manner consistent with the terms of this Settlement Agreement, or as otherwise required by the Court.
Preliminary Court Approval. An order issued by the Court granting the Parties’ joint motion for preliminary approval of the Settlement that (1) preliminarily approves the Settlement as being fair and reasonable to the Plaintiffs, the Nationwide Class, and the Subclass, (2) establishes the procedures and a date for a hearing by video, or such other means as the Court deems appropriate, for final approval of the Settlement (“Final Approval Hearing”), and (3) approves the form and methods of providing notice to members of the Nationwide Class and Subclass that describes: (a) the terms and conditions of the Settlement, (b) how Class Members may Object to the Settlement, (c) how Class Members may Opt-Out of the Settlement and not be bound by this Agreement, and (d) the effect of the Settlement on Subclass Class Members who received payments from the settlement with Defendant Xxxxx Commissary Network LLC (Dkt. #179).
Preliminary Court Approval. 1.1 The Parties shall apply to the Court for entry of the Preliminary Approval Order, which shall:
1.1.1 preliminarily approve the settlement and this Agreement, subject to the right of Settlement Class Members to be heard at the Final Approval Hearing;
1.1.2 certify the provisional Settlement Class;
1.1.3 approve the Class Notice and the Claim Form;
1.1.4 direct that Plaintiffs or their designees publish on the Administrator website and mail or cause to be published on the Administrator website and mailed the Class Notice and Claim Form to the Settlement Class Members;
1.1.5 set a date convenient to the Court for the Final Approval Hearing;
1.1.6 provide that any objection to the proposed settlement shall be filed and served no later than sixty (60) days after the Class Notice Date; and
1.1.7 provide that the deadline for any member of the Settlement Class to opt out of the settlement shall be sixty (60) days after the Class Notice Date.
1.2 The Parties shall exercise best efforts to have the motion for a Preliminary Approval Order (and motion for a Final Approval Order and Judgment) briefed and ready for Court determination as soon as practical, consistent with the notice requirements set forth herein. Settling Defendants shall support, and not oppose, Plaintiffs’ motion for a Preliminary Approval Order.
Preliminary Court Approval. No later than twenty-eight days (28) days following the execution of this Settlement Agreement by all Parties, the Named Plaintiffs shall file with the Court, and Defendants shall not oppose, a motion for preliminary approval of this Settlement Agreement provided, however, that Named Plaintiffs’ counsel shall provide a draft of any such motion and related papers to counsel for Defendants in advance of filing with a reasonable opportunity to review and approve the content thereof, which approval shall not unreasonably be withheld. The motion will request that the Court enter an order that: (i) preliminarily approves this Settlement Agreement; (ii) preliminarily certifies the Settlement Class as a mandatory class pursuant to Rule 23(b)(1) of the Federal Rules of Civil Procedure; (iii) declares that if this Settlement Agreement is not approved by the Court or is terminated by the Parties, certification of the Settlement Class will automatically be vacated, and F&M may thereafter fully contest certification of any class which any of the Named Plaintiffs seeks to certify; (iv) stays all proceedings in the Class Action, except those proceedings related to effectuating and complying with this Settlement Agreement, pending the Court’s final approval of this Settlement Agreement; (v) orders the Settlement Payment be wired into the IOLTA account of the Named Plaintiffs’ counsel (the “IOLTA Account”) within ten (10) business days of the preliminary approval order, subject to the refund provisions of paragraphs 2(b) and 8(c) of this Agreement; and (vi) authorizes the dissemination of notice of settlement to the Settlement Class by the Named Plaintiffs’ counsel or by the court-appointed Independent Fiduciary or court-appointed Administrator overseeing the Trusts.
Preliminary Court Approval. An order issued by the Court granting the Parties’ joint motion for preliminary approval of the Settlement that (1) preliminarily approves the Settlement as being fair and reasonable to the Plaintiffs and the Subclass, (2) establishs the procedures and a date for a hearing by video, or such other means as the Court deems appropriate, for final approval of the Settlement, and (3) approves the form and methods of providing notice to members of the Subclass that describes: (a) the terms and conditions of the Settlement, (b) how members of the Subclass may comment or object to the Settlement, (c) how members of the Subclass may opt out of the Settlement and not be bound by this Agreement, and (d) the effect of the Settlement on the Subclass Members’ claims against other defendants and as members of the national class certified in this Action.
