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 Order. The Preliminary Approval Order shall provide for: preliminary approval of this Agreement, provisional certification of the Classes for settlement purposes, appointment of Class Counsel as counsel to the provisionally certified Classes, appointment of Named Plaintiffs as representatives of the provisionally certified Classes, and the requirement that the Notice be given to 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. 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. 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. 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. 34. Upon execution of this Agreement by all Parties, Class Counsel shall promptly move the Court for an Order granting preliminary approval of this Settlement (“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 counsel for Georgia Waste. The Motion for Preliminary Approval shall request that the Court: (i) approve the terms of the Settlement as within the range of fair, adequate and reasonable; (ii) provisionally certify the Settlement Class pursuant to O.C.G.A. § 9-11-23, for settlement purposes only; (iii) approve the Notice program set forth herein and approve the form and content of the Notices of the Settlement, substantially in the forms attached to this Agreement as Exhibits 1, 2, and 3; (iv) approve the procedures set forth in paragraphs 40 and 41 below for Settlement Class Members to exclude themselves from the Settlement Class or to object to the Settlement; (v) stay the Action pending Final Approval of the Settlement; and (vi) schedule a Final Approval hearing for a time and date mutually convenient for the Court, Class Counsel and counsel for Georgia Waste, at which the Court will conduct a final inquiry into the fairness of the Settlement, determine whether it was made in good faith, and determine whether to approve the Settlement and Class Counsel’s application for attorneys’ fees, costs and expenses and for a Service Award to Plaintiff (“Final Approval Hearing”).
Preliminary Settlement Approval. 49. Upon execution of this Agreement by all Parties, Class Counsel shall promptly file a motion with the Court requesting that it enter the Preliminary Approval Order certifying a settlement class, granting preliminary approval of this Settlement, and scheduling a Final Approval hearing for a time and date at which the Court will conduct an inquiry into the fairness of the Settlement, determine whether it was made in good faith, and determine whether to approve the Settlement and Class Counsel’s application for attorneys’ fees, costs, and expenses and for a Service Award to Plaintiff.
50. Once Preliminary Approval is granted, Amegy and Class Counsel, along with their respective experts, shall work together to identify the Settlement Class Members utilizing the methodology outlined in Paragraphs 67(a)-(c) below.
51. Amegy, at its own expense, shall serve or cause to be served a notice of the proposed Settlement, in conformance with the Class Action Fairness Act, 28 U.S.C. § 1715(b).
