SETTLEMENT APPROVAL PROCEDURE. This Settlement Agreement will become final and effective upon occurrence of all of these (subsections (a) through (e), inclusive) events:
SETTLEMENT APPROVAL PROCEDURE. (a) This Settlement Agreement will become final and effective upon occurrence of all of the events required to obtain the Effective Date. The Parties and their counsel agree to use their best efforts to obtain a final court order approving this Settlement (“Final Approval Order”).
(b) Promptly upon execution of this Settlement Agreement by the Parties and their respective counsel of record, the Named Plaintiffs shall submit to the Court for approval a Motion for Preliminary Approval of the Settlement as described in Section III(8)(b) of this Agreement for purposes of effectuating this Settlement.
(c) The document described in subsection (b) above shall seek the following order(s) from the Court, among other orders detailed in this Agreement or agreed upon by the Parties: (1) the entry of an order by the Court granting preliminary approval of the Settlement Agreement, including conditional certification of the Class for settlement purposes only (the Parties’ proposed Order Granting Preliminary Approval is attached hereto as “Exhibit B”); (2) the entry of an order by the Court approving the proposed Notice(s), the proposed and agreed upon form(s) of which are attached hereto as Exhibit A; and (3) the entry of an order by the Court scheduling a hearing date for final approval of the Settlement Agreement.
(d) After the Order Granting Preliminary Approval is granted, the Parties will seek Final Approval of the Settlement as detailed in this Settlement. As part of this process, Class Counsel shall file, on or before the date of the Final Approval Hearing, the documents detailed in this Settlement, including but not limited to the Settlement Administrator’s verification, in writing, that the Notice to the Class has been disseminated in accordance with the Court’s Order Granting Preliminary Approval.
SETTLEMENT APPROVAL PROCEDURE. This Settlement Agreement will become final and effective upon occurrence of all of the following events described in this paragraph:
SETTLEMENT APPROVAL PROCEDURE. The Settling Parties shall work in good faith to, within ten (10) days1 after the execution of this Agreement, initiate a lawsuit between the Settling Parties in the Fifteenth Judicial Circuit Court in and for Palm Beach County, Florida (the “Litigation”). Thereafter, counsel for Named Plaintiffs shall also file fifteen (15) days after the upon appearance in the Litigation of counsel for Liberty Mutual—to be made within five (5) days of the filing of the Complaint—the Joint Motion for Final Approval of Settlement of Collective Action and Authorization of Notice of Settlement and Opportunity to File Consent to Join Settlement, Release and Claim Form (“Approval Motion”) with the Agreement, along with the agreed-to (proposed) Agreed Order on Joint Motion (“Approval Order”). Counsel for the Named Plaintiffs will also attach to the Motion the Notice of Settlement and the Consent to Join Settlement, Release and Claim Form (collectively, the “Notice Packet”), which is attached to this Agreement as Exhibit A, advising the Potential Claimants of the material terms and provisions of this settlement, the procedure for submitting Consent to Join Settlement, Release and Claim Forms, and their rights with respect to 1 All time periods provided by this Agreement are stated in calendar days, not business days, unless otherwise stated. this settlement. Prior to filing the Approval Motion, counsel for Named Plaintiffs shall send a draft of such motion to counsel for Liberty Mutual for review and comment. Plaintiffs’ Counsel shall send the draft Approval Motion to Liberty Mutual three (3) days after this Agreement is executed. Within three (3) business days of receipt of such draft, Liberty Mutual shall provide comments, if any, to counsel for Named Plaintiffs and thereafter counsel for both parties shall meet and confer to discuss such comments, and counsel for Named Plaintiffs shall incorporate any such agreed upon comments into the Approval Motion before filing it with the court.
SETTLEMENT APPROVAL PROCEDURE. 1. This Agreement will become final and effective only upon the occurrence of all of the following events: (a) the Agreement is executed by the Named Plaintiffs, and Defendant; (b) the Court preliminarily approves the material terms of the Settlement as set forth in this Agreement and enters, without material change, the proposed Order of Preliminary Approval attached as Exhibit D; (c) the Class Notices are sent to the Class Members; (d) IWPCA Members are afforded the opportunity to exclude themselves from the Settlement by submission of a Request for Exclusion or to file written objections; and
SETTLEMENT APPROVAL PROCEDURE. 10. The Parties and their respective counsel shall take all steps that may be required and/or requested by the Court relating to the approval and implementation of this Agreement and shall otherwise use their best efforts to obtain Court approval and implement this Agreement. The procedure for obtaining Court approval of and implementing this Agreement shall be as set forth below.
11. Within three (3) days after the Agreement Execution Date, Plaintiffs shall:
(a) move the Court for permission to amend the Complaint in this action to assert claims pursuant to Conn. Gen. Stat. § 31-51q on behalf of the individual members of the class;
(b) move the Court for certification of a provisional settlement class as defined herein; and
(c) move the Court for preliminary approval of this settlement and for a Court order that:
1. Grants preliminary approval to the settlement as fair, reasonable and adequate;
2. Preliminarily appoints and approves Plaintiffs as Class Representatives;
3. Preliminarily appoints and approves Class Counsel;
SETTLEMENT APPROVAL PROCEDURE. 15.1. The Parties agree to promptly execute this Settlement Agreement and Plaintiffs shall submit to the Court for approval a Motion for Preliminary Approval of the Settlement for purposes of effectuating this Settlement Agreement.
15.2. The Motion for Preliminary Approval shall seek the following order(s) from the Court: (1) entry of an order by the Court granting preliminary approval of the Settlement Agreement; (2) approval of the Class Notice, and finding that the proposed method of disseminating the Class Notice meets the requirements of due process and is the best notice practicable under the circumstances; and (3) entry of an order by the Court scheduling a hearing date for final approval of the Settlement Agreement.
SETTLEMENT APPROVAL PROCEDURE. 33. The Settlement Agreement requires the occurrence of all of the following events:
(a) execution of the Settlement Agreement by the Parties; (b) submission of the Settlement Agreement by the Parties to the Court for approval; (c) entry of an order by the Court granting approval of the Settlement Agreement and certification of a final FLSA collective action of the Potential Opt-In Plaintiffs as defined herein for settlement purposes only; and (d) Court approval of the method of distribution and the form and content of the Notice of Settlement.
34. Within fourteen (14) calendar days of execution of this Settlement Agreement, the Parties shall file with the Court the Approval Motion requesting that the Court: (a) grant approval of the Settlement Agreement described herein; (b) certify a final FLSA collective action of the Potential Opt-In Plaintiffs as defined herein for settlement purposes only; and (c) approve the Notice of Settlement and the proposed plan of settlement administration described herein. Plaintiffs’ Counsel will draft the Approval Motion and will provide it to Facebook’s counsel seven
SETTLEMENT APPROVAL PROCEDURE. 5.1 On or before 4:30 p.m. Eastern Time on April 1, 2011, Collective Plaintiffs and WellPoint, through their counsel of record in the Lawsuits, shall file this Master Agreement with the Court and jointly move for approval of this Master Agreement. Via this submission and a supporting motion, the Parties, through their counsel of record, will request that the Court preliminarily approve this Master Agreement and approve the form, content, and distribution of the Collective Notice attached to the Master Agreement as Appendix “A” and the Individual Release Agreements attached to this Master Agreement as Appendix “B”.
5.2 The Court’s decision to reject this Master Agreement will be grounds for WellPoint or Plaintiffs to terminate the settlement and the terms of this Master Agreement. Changes to the amount of attorneys’ fees or litigation costs shall not be deemed material changes and shall not constitute valid grounds for the Parties to terminate the settlement and/or this Master Agreement.
5.3 The Parties agree to cooperate fully and make good faith efforts to obtain approval of the Master Agreement from the Court. The Parties also agree to sign promptly any documents necessary to effectuate the Master Agreement and the payment of the amounts pursuant to it.
5.4 If the Court rejects this Master Agreement, fails to enter an Order giving its final approval to this Master Agreement, or fails to enter a dismissal of both the Xxxxxxx and Cherry cases with prejudice, this Master Agreement and the releases contained herein shall be void ab initio, and WellPoint shall have no obligation to make any payments under this Master Agreement.
SETTLEMENT APPROVAL PROCEDURE. 51. This Agreement will become final and effective only upon the occurrence of all of the following events: (a) the Agreement is executed by the Parties; (b) the Court approves the material terms of the Settlement as set forth in this Agreement and enters an order of Preliminary Approval; (c) the Notice Package is sent to the Class Members; (d) Class Members are afforded the opportunity to submit claims, exclude themselves from the Settlement by submission of a Request for Exclusion, or file written objections; (e) the Court holds the Fairness Hearing and enters Final Judgment; and (f) any and all possible appeals of the Final Judgement have been exhausted and/or the time to take such appeals have expired, with the Final Judgement having been upheld and not reversed, overturned, or vacated.
