Preliminary Settlement Approval. Upon preliminary review, the Court concludes and finds that the proposed Settlement is fair, reasonable, and adequate to warrant providing Notice of the Settlement to the Settlement Class and accordingly is preliminarily approved.
Preliminary Settlement Approval. Class Counsel shall use reasonable efforts to promptly file a motion seeking a Preliminary Approval/Notice Order. The Preliminary Approval/Notice Order shall provide for: preliminary approval of this Agreement, provisional certification of each class for settlement purposes, appointment of Class Counsel as counsel to the provisionally certified classes, and the requirement that the Notice be given to the Class Members as provided in Section 5, below (or as otherwise determined by the Court).
Preliminary Settlement Approval. Upon preliminary review, the Court finds the Settlement is fair, reasonable, and adequate to warrant providing notice of the Settlement to the Settlement Class and accordingly is preliminarily approved. In making this determination, the Court has considered the monetary and non-monetary benefits provided to the Settlement Class through the Settlement, the specific risks faced by the Settlement Class in prevailing on their claims, the good faith, arms’ length negotiations between the Parties and absence of any collusion in the Settlement, the effectiveness of the proposed method for distributing relief to the Settlement Class, the proposed manner of allocating benefits to Settlement Class Members, the Settlement treats the Settlement Class Members equitably, and all of the other factors required by Rule 23 and relevant case law.
Preliminary Settlement Approval. Class Counsel shall use reasonable efforts to file a motion seeking a Preliminary Approval/Notice Order by August 1, 2019. The Preliminary Approval/Notice Order shall provide for: preliminary approval of this Agreement, provisional certification of each class for settlement purposes, appointment of Class Counsel as counsel to the provisionally certified classes, and the requirement that the Notice be given to the Class Members as provided in Section 5, below (or as otherwise determined by the Court).
Preliminary Settlement Approval. As soon as practicable after the Parties execute this Agreement, Class Counsel will present this Agreement to the Court for preliminary settlement approval and will request by unopposed motion that the Court enter a Preliminary Approval Order.
Preliminary Settlement Approval. Upon preliminary review, the Court finds the Settlement is fair, reasonable, and adequate to warrant providing notice of Settlement to the Settlement Class and accordingly it is preliminarily approved. In making this determination, the Court has considered the benefits to the Settlement Class, the specific risks faced by the Settlement Class in prevailing on Plaintiff’s claims, the stage of the proceedings at which the Settlement was reached, the effectiveness of the proposed method for distributing relief to the Settlement Class, the proposed manner of allocating benefits to Settlement Class Members, and all of the other factors required by Rule 23.
Preliminary Settlement Approval. Contemporaneously with the motion for provisional certification of the Settlement Class, Plaintiffs shall move the Court for a Preliminary Approval Order substantially in the form attached as Exhibit 1 and setting the Final Approval Hearing at least one hundred (100) calendar days after entry of the Preliminary Approval Order.
Preliminary Settlement Approval. Within two weeks of all parties signing this Agreement, Class Counsel shall use reasonable efforts to file a motion seeking a Preliminary Approval/Notice Order. The Preliminary Approval/Notice Order shall provide for: preliminary approval of this Agreement, provisional certification of a class for settlement purposes, appointment of Class Counsel as counsel to the provisionally certified class, and the requirement that the Notice be given to the Class Members as provided in Section 5, below (or as otherwise determined by the Court).
Preliminary Settlement Approval. 64. Upon execution of this Agreement by all Parties, Class Counsel shall promptly move the Court for a Preliminary Approval Order. The proposed Preliminary Approval Order that will be attached to the motion shall be in a form agreed upon by Class Counsel and Defendant, and substantially in the form as that attached hereto as Exhibit D. The Motion for Preliminary Approval shall request that the Court: (1) find that it will likely be able to approve the terms of the Settlement as fair, adequate, and reasonable; (2) provisionally certify the Settlement Class for settlement purposes only; (3) designate the representative(s) of the Settlement Class; (4) appoint Class Counsel; (5) approve the Notice Program set forth herein and approve the form and content of the Notice of the Settlement; (6) approve the procedures set forth in Section VII hereof for Settlement Class Members to exclude themselves from the Settlement Class or for Participating Settlement Class Members to object to the Settlement; (7) stay the Action pending Final Approval of the Settlement; and (8) schedule a Final Approval Hearing for a time and date mutually convenient for the Court, Class Counsel, and counsel for Defendant, and no earlier than 140 days after Preliminary Approval.
65. Within 10 days of the filing of the Motion for Preliminary Approval, Defendant, at its own expense, shall serve or cause to be served notice of the proposed Settlement, in conformance with the Class Action Fairness Act, 28 U.S.C. § 1715(b) (the “CAFA”).
Preliminary Settlement Approval. As soon as reasonably practicable after this Agreement is fully executed, Xxxxxx shall prepare and file an application seeking an Order from the Court: (1) preliminarily approving of this Agreement as fair, reasonable, and adequate; (2) certifying the Settlement Class; (3) approving and appointing the Claims Administrator; (4) approving the form, manner, and content of the Class Notice and Notice Plan; (5) setting the date and time of the Fairness Hearing and related proceedings; and (6) appointing Xxxxxx as Class Representative and her counsel as Class Counsel. Slendertone shall join in or indicate its non- opposition to the motion.
