Settlement Class Counsel and CaptureRx shall request that the Court hold a Final Approval Hearing after notice is completed and at least 30 days after the Opt-Out Deadline and Objection Deadline, and grant Final Approval of the Class Settlement Agreement as set forth herein.
Settlement Class Counsel and Xxxxxxxx Xxxxxxx shall request that after Notice is completed, the Xxxxxxxxxx Court hold a Final Approval Hearing and grant final approval of the Settlement set forth herein. The Parties will recommend that the Final Approval Hearing be scheduled no earlier than one hundred twenty (120) Days after the entry of the Preliminary Approval Order.
Settlement Class Counsel and Defendant have created a process for Settlement Class Members to claim benefits under the Settlement. The Court preliminarily approves this process and directs the Claims Administrator to make the Claim Form or its substantial equivalent available to Settlement Class Members in the manner specified in the Notice. The Claims Administrator will be responsible for effectuating the claims process. Settlement Class Members who qualify for and wish to submit a Claim Form shall do so in accordance with the requirement and procedures specified in the Notice and the Claim Form. If the Final Order and Judgment is entered, all Settlement Class Members who qualify for any benefit under the Settlement but fail to submit a claim in accordance with the requirements and procedures specified in the Notice and the Claim Form shall be forever barred from receiving any such benefit, but will in all other respects be subject to and bound by the provisions in the Final Order and Judgment, including the releases contained therein.
Settlement Class Counsel. CaptureRx, and CaptureRx’s counsel may execute this Class Settlement Agreement in counterparts, and the execution of counterparts shall have the same effect as if all Settling Parties had signed the same instrument. Facsimile and scanned signatures shall be considered as valid signatures as of the date signed. This Class Settlement Agreement shall not be deemed executed until signed by all Settlement Class Counsel, and by counsel for and representative(s) of CaptureRx.
Settlement Class Counsel may seek, after proper notice to the Settlement Class and opportunity to object, a court order awarding attorneys’ fees and reimbursement of their expenses from the Settlement Fund.
Settlement Class Counsel through the Claims Administrator, also shall cause the Publication Notice, in substantially the same form as Exhibit 9, to be published to the Settlement Classes as directed by the Preliminary Approval Order.
Settlement Class Counsel will also request from the Court a Service Award for each Representative Plaintiff in the amount of Two Thousand Dollars ($2,000.00), to be paid solely from the Settlement Fund. CaptureRx will not object to Representative Plaintiffs’ request for a Service Award payment, unless Representative Plaintiffs’ request exceeds the terms outlined in this Agreement.
Settlement Class Counsel. Xxxxx X. Xxxxxx Xxxxxxx Xxxxxx CARELLA, BYRNE, CECCHI, OLSTEIN, BRODY & XXXXXXX 0 Xxxxxx Xxxx Road Roseland, New Jersey 07068 Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxxx.xxx
Settlement Class Counsel. Xxxxxxxx Law, P.C.
Settlement Class Counsel. (on behalf of the Settlement Class Members) and Defendant shall have the right to terminate this Agreement by providing written Cou Approval Order and Judgment in any material respect, or (b) the date upon which the Final Approval Order and Judgment is modified or reversed in any material respect by any appellate or other court.
