Preliminary Findings Regarding Proposed Settlement. The Court preliminarily finds that:
A. The proposed Settlement resulted from extensive arm’s-length negotiations;
B. The Settlement Agreement was executed only after the parties engaged in extensive litigation for approximately three years and after settlement negotiations had continued within that period for months, including an in-person mediation session with a nationally recognized private mediator, and extensive telephonic and email communications without the mediator;
C. Class Counsel has concluded that the Settlement Agreement is fair, reasonable and adequate; and
D. The Settlement is sufficiently fair, reasonable, and adequate to warrant sending notice of the Settlement to the Settlement Class.
Preliminary Findings Regarding Proposed Settlement. The Court preliminarily finds that:
A. The proposed Settlement resulted from extensive arm’s-length negotiations;
B. The Settlement Agreement was executed only after the parties engaged in substantial litigation for over four years and after settlement negotiations had continued within that period, including extensive telephonic and email communications;
C. Class Counsel has concluded that the Settlement Agreement is fair, reasonable, and adequate;
D. The Settlement is sufficiently fair, reasonable, and adequate to warrant sending notice of the Settlement to the Settlement Class; and
Preliminary Findings Regarding Proposed Settlement. The Court preliminarily finds that (i) the proposed Settlement resulted from extensive arm’s-length negotiations, including mediation, (ii) the Settlement Agreement was executed only after Class Counsel had conducted appropriate investigation and discovery regarding the strengths and weaknesses of Plaintiff’s claims, (iii) Class Counsel have concluded that the proposed Settlement is fair, reasonable, and adequate, and (iv) the proposed Settlement is sufficiently fair, reasonable, and adequate to warrant sending notice of the proposed Settlement to the Settlement Class. Having considered the essential terms of the Settlement under the recommended standards for preliminary approval of settlements as set forth in relevant case law, the Court finds that those whose claims would be settled, compromised, dismissed, and/or released pursuant to the Settlement should be given
Preliminary Findings Regarding Proposed Settlement. The Court Preliminarily finds that:
A. The proposed Settlement resulted from extensive arm’s-length negotiations;
B. The Settlement Agreement was executed only after the parties engaged in substantial settlement negotiations, including discovery concerning the substantive merits and defenses to Plaintiffs’ claims, private mediation supervised by a nationally-recognized mediator who has extensive experience handling similar types of cases, and months of further negotiations thereafter to finalize the terms of the Settlement;
C. Class Counsel has concluded that the Settlement Agreement is fair, reasonable, and adequate;
D. The Settlement Agreement negotiated by Class Counsel further requires that a mutually agreed independent fiduciary will serve as a fiduciary to the Plans for purposes of approving and authorizing the Settlement on behalf of the Plans; and
E. The Settlement is sufficiently fair, reasonable, and adequate to warrant sending notice of the Settlement to the Settlement Class Members.
Preliminary Findings Regarding Proposed Settlement. The Court
26 A. The proposed settlement resulted from extensive arm’s-length
Preliminary Findings Regarding Proposed Settlement. The Court finds on a preliminary basis that the Settlement Agreement filed and incorporated herein by reference, and made a part of this Order of Preliminary Approval, appears to be within the scope of reasonableness of a settlement which could ultimately be given final approval by this Court; it further appears to this Court on a preliminary basis, that the settlement amount is fair and reasonable to Class Members when balanced against the probable outcome of further litigation relating to liability and damages issues and potential appeals of rulings; that significant discovery, investigation, research, and litigation has been conducted such that counsel for the parties at this time are able to reasonably evaluate their respective positions; that settlement at this time will avoid substantial costs, delay and risks that would be presented by the further prosecution of the litigation; that the proposed Settlement resulted from informed, extensive non- collusive arm’s-length negotiations and numerous mediation sessions over a period of seven months before Xxxxxx Xxxxx, and followed years of contested motion practice and discovery; and that the proposed Settlement is sufficiently fair, reasonable, and adequate to warrant sending notice of the Settlement to the Settlement Class.
Preliminary Findings Regarding Proposed Settlement. The Court preliminarily finds that:
A. The proposed Settlement resulted from extensive arms-length negotiations;
B. The Settlement was tentatively reached only moments before the trial was to commence, after nine years of vigorous litigation, including an appeal to the Seventh Circuit and an attempted second appeal, massive discovery, extensive motion practice — including not only motions to dismiss and oppositions to class certification, but also two separate motions for summary judgment filed three times each —, the use of multiple experts and trial preparation up to the literal time trial was to commence, and after negotiations had continued for several months, including multiple in-person mediation sessions, numerous teleconference mediation sessions, and telephonic and email communications with multiple skilled mediators;
C. Class Counsel has concluded that the Settlement Agreement is fair, reasonable and adequate; and
D. The Settlement is sufficiently fair, reasonable, and adequate to warrant sending notice of the Settlement to the Settlement Class.
Preliminary Findings Regarding Proposed Settlement. The Settlement documented 1 in the Settlement Agreement is hereby PRELIMINARILY APPROVED, subject to further 2 consideration at the hearing the Court will hold pursuant to Federal Rule of Civil Procedure 23(e) to 3 determine whether the Settlement should receive final approval by the Court, as provided for below 4 ( “Final Approval Hearing”), as the Court preliminarily finds that:
5 a. The proposed Settlement resulted from arm’s-length negotiations facilitated by 6 Magistrate Judge Xxxxx X. Xxx and with the involvement and approval of the Class
Preliminary Findings Regarding Proposed Settlement. The Court preliminarily finds that:
A. The proposed settlement resulted from arm’s-length negotiations by experienced and competent counsel overseen by a neutral mediator;
B. The Settlement was negotiated only after Class Counsel had conducted extensive discovery and received pertinent information and documents from Defendants and non- parties;
C. Class Counsel and the Class Representatives have submitted declarations in support of the Settlement; and
D. Considering the relevant First Circuit factors, the Settlement is sufficiently fair, reasonable, and adequate to warrant sending notice of the Settlement to the Settlement Class.
Preliminary Findings Regarding Proposed Settlement. The Court finds that the proposed settlement as evidenced by the Agreement is sufficiently fair, reasonable and adequate to warrant providing notice of the Action and the proposed Agreement to Halliburton Securities Holders and holding a Fairness Hearing on the Agreement. In making this finding, the Court preliminarily concludes that the proposed settlement appears to have resulted from negotiations conducted at arm’s length by the Settling Parties and their counsel, under the auspices of an experienced mediator, and that the terms and conditions of the Agreement do not have any obvious deficiencies.
