Common use of Preliminary Findings Regarding Proposed Settlement Clause in Contracts

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 notice and an opportunity to be heard regarding final approval of the Settlement and other matters.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

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Preliminary Findings Regarding Proposed Settlement. The Court preliminarily finds that that: (ia) the proposed Settlement resulted from informed, extensive arm’s-length and non- collusive negotiations, including participating in mediation; (b) Class Counsel, (ii) the Settlement Agreement was executed only after Class Counsel had having conducted an appropriate investigation and discovery regarding the strengths and weaknesses of the Named Plaintiff’s claims, (iii) Class Counsel have has concluded that the proposed Settlement is fair, reasonable, and adequate, ; and (ivc) 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 Agreement under the recommended standards for preliminary approval of settlements as set forth in relevant case lawjurisprudence, the Court finds that those whose claims would be settled, compromised, dismissed, and/or released pursuant to the Settlement should be given notice and an opportunity to be heard regarding final approval of the Settlement and other matters.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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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 Plaintiffs’ 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 notice and an opportunity to be heard regarding final approval of the Settlement and other matters.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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