PRELIMINARY COURT APPROVAL OF SETTLEMENT. 5.1. For settlement purposes only, the Parties agree that: (a) a settlement class may be certified in the Rule 23 class action, pursuant to Rule 23 of the Federal Rules of Civil Procedure, consisting of all Settlement Class Members; and (b) an FLSA collective may be certified in accordance with 29 U.S.C. § 216(b), consisting of all Settlement Class Members (the “Settlement Class”). If this Agreement and the settlement it memorializes are not finally approved by the Court, or if any appeal results in a reversal of the Final Approval Order that affects: (i) the amount to be paid by Defendant under this Agreement; (ii) the releases given by Named Plaintiff or Settlement Class Members who do not opt out; or (iii) any other material aspect of the settlement set forth in this Agreement, then the Parties’ agreement concerning certification stated in this Paragraph 5.1 shall become null and void, and any court order certifying a Rule 23 class or FLSA collective based on this Agreement shall be vacated without prejudice to the right of the Parties to seek or oppose certification and/or decertification.
5.2. This Agreement will become final and effective only upon the occurrence of all of the following events: (a) the Agreement is executed by Named Plaintiff, Defendant, Class Counsel, and counsel for Defendant; (b) the Court approves the material terms of the settlement as set forth in the Agreement and enters, without material change, the Preliminary Approval Order described in Paragraph 5.3; (c) the Notice is sent to the Settlement Class Members; (d) Settlement Class Members are afforded the opportunity to exclude themselves from the Settlement by submission of an Opt Out Statement; (e) Settlement Class Members are afforded the right to file written objections; and (f) the Court holds the Final Approval Hearing and enters a Final Approval Order (including approval and final certification of a Rule 23 settlement class and FLSA collective as set forth above) which enter the terms of this Settlement Agreement as a stipulated judgment and dismiss this case with prejudice, and sufficient time passes such that the Final Approval Order is no longer appealable, or, if an appeal is filed, the Final Approval Order is finally approved upon appeal.
5.3. No later than the date set forth in Paragraph 3.1(a) above, the Parties will jointly submit this Agreement to the Court with an appropriate Joint Motion for Preliminary Approval of Settlement. In such motion, the Parties will ...
PRELIMINARY COURT APPROVAL OF SETTLEMENT. 4.1 Plaintiffs, on behalf of the parties, will submit this Agreement to the Court with an appropriate motion for Certification of a Class Action for Settlement Purposes, Approval of Notices to the Classes, and Preliminary Approval of the Settlement Agreement. Plaintiffs will file this motion by no later than August 21, 2018. In the Motion, the parties will respectfully request that the Court enter an order: (1) preliminarily approving the settlement reached by the parties in this action as embodied in this Settlement Agreement; (2) approving the Notice to FLSA Opt-Ins of Proposed Settlement of Collective and Class Action Lawsuit and Fairness Hearing; (3) approving the Notice and Claim Form to Rule 23 Class of Proposed Settlement of Class Action Lawsuit and Fairness hearing; (4) appointing Rust Consulting as the Settlement Administrator; (5) preliminarily certifying the Rule 23 Classes for purposes of settlement only;
PRELIMINARY COURT APPROVAL OF SETTLEMENT. 4.1. The parties will jointly submit this Agreement to the Court with an appropriate motion for Preliminary Approval of Settlement Agreement and Notice to the Class. The parties will endeavor to file their Joint Motion for Preliminary Approval within one (1) business day of the last party's signature to this Settlement Agreement. In the Joint Motion, the parties respectfully request that the Court enter an order: (1) preliminarily approving the settlement reached by the parties in this action as embodied in this Settlement Agreement; (2) approving the Notice of Proposed Settlement of Class Action Lawsuit and Fairness Hearing ("Proposed Class Settlement Notice"); (3) appointing Xxxxxxx Claims Group, Inc. as the Settlement Administrator; and (4) instructing the parties to appear before this Court for a Final Approval and Fairness Hearing on a date approximately ninety-one (91) days from the date of the Preliminary Approval Order.
4.2. Within 10 days of the filing of this Agreement with the Court, Defendants will provide copies of documents to the governmental entities whom Defendants deem prudent to provide notice pursuant to 28 U.S.C. § 1715.
4.3. If the Court denies the Preliminary Approval Motion, unless the parties jointly agree to seek reconsideration of the ruling or to seek Court approval of a renegotiated settlement, the litigation will resume as if no settlement had been attempted.
PRELIMINARY COURT APPROVAL OF SETTLEMENT
