The Fairness Hearing. (a) On the date set by the Court in its Preliminary Approval Order, the Parties shall participate in the hearing (the “Fairness Hearing”), during or after which the Court will determine by order (the “Final Approval Order”) whether: (i) this Settlement Agreement is fair, reasonable, and adequate and should be approved by the Court; (ii) final judgment approving this Settlement Agreement should be entered (“Judgment”); (iii) the Settlement Class should be certified as a mandatory non-opt-out class meeting the applicable requirements for a settlement class imposed by Federal Rule of Civil Procedure 23; (iv) the requirements of Federal Rule of Civil Procedure 23 and due process have been satisfied in connection with the distribution of the Class Notice to members of the Settlement Class; (v) the requirements of the Class Action Fairness Act have been satisfied; (vi) to award Incentive Award(s) and if so, the amount; and (vii) to award attorneys’ fees and further expenses and, if so, the amounts.
(b) The Parties covenant and agree that they will reasonably cooperate with one another in obtaining an acceptable Final Approval Order at the Fairness Hearing and will not do anything inconsistent with obtaining such a Final Approval Order.
The Fairness Hearing. Upon entry of the Preliminary Approval Order, the Parties contemplate that the Court will schedule and then conduct a hearing at which it will consider whether the Settlement is fair, reasonable, and adequate (“Fairness Hearing”) pursuant to Rule 23 of the Federal Rules of Civil Procedure. Specifically, Plaintiff will request that the Court determine, on or after the Fairness Hearing:
(i) whether to enter judgment finally approving the Settlement (which judgment is referred to herein as the “Final Order”); (ii) whether the distribution of the Settlement Proceeds as provided in the Plan of Allocation should be approved or modified; (iii) whether Plaintiff’s Counsel are entitled to an award of attorneys’ fees, costs, and expenses, and the amount of those fees, costs, and expenses, as contemplated by Article 10 below; and (iv) whether Plaintiff shall be awarded a Case Contribution Award. Class Counsel shall submit their papers in support of final approval of the Settlement, the proposed Plan of Allocation, and Plaintiff’s Counsel’s applications for attorneys’ fees, costs, expenses, and a Case Contribution Award at least forty-five (45) calendar days prior to the date of the Fairness Hearing. The Parties agree to support entry of a Final Order, including through any Review Proceeding, as contemplated by clause (i) of this Section 2.1.5 and as attached hereto as Exhibit 2. Defendants will not take any position with respect to the matters described in clauses (ii), (iii), or (iv) of this Section 2.1.5, so long as disposition of those matters is in accordance with the provisions of Articles 8 and 10 of this Settlement Agreement. The Parties covenant and agree that they will reasonably cooperate with one another in obtaining the Final Order as contemplated herein at the Fairness Hearing and will not do anything inconsistent with this Settlement Agreement in seeking to obtain the Final Order.
The Fairness Hearing. On or after two hundred and twenty-nine (229) Days after the Preliminary Approval Date, or such other date as may be set by the Court, the Court will consider any objections to or comments in support of the Settlement by Settlement Class Members and determine whether to enter an order which shall:
a. Approve this Agreement;
b. Dismiss, with prejudice, each class claim asserted in the MDL Action; and
c. Permanently enjoin the Settlement Class Members from bringing or participating as absent class members in the pursuit of any Released Claims against the NCAA and/or its member institutions, either derivatively or on behalf of themselves, in any forum, action or proceeding of any kind.
The Fairness Hearing. (a) On the date set by the Court in its Preliminary Approval Order, the Parties shall participate in the hearing (the “Fairness Hearing”) during or after which the Court will determine by order (the “Final Approval Order”, attached hereto as Exhibit 2) whether: (i) this Settlement Agreement is fair, reasonable and adequate and should be approved by the Court;
The Fairness Hearing. At or after the Fairness Hearing, the Court will determine: (i) whether to enter the Final Order approving the Settlement and dismissing the Lawsuit; (ii) whether the distribution of the Settlement Amount and the Plan of Allocation should be approved; (iii) what attorneys’ fees and expenses should be granted to Plaintiff’s Counsel; and (iv) what, if any, Service Award should be awarded.
The Fairness Hearing. On or after the date set by the Court for the hearing (the “Fairness Hearing”) the Court will determine: (i) whether to enter judgment finally approving the Settlement (which judgment is referred to herein as the “Judgment”); and (ii) the amount of legal fees, compensation, and expenses to be awarded to Co-Lead Counsel and Other Appointed Counsel, and to the Named Plaintiffs as provided in Section 11 of this Settlement Agreement.
The Fairness Hearing. The Court will hold a hearing to decide whether to approve the Settlement and any requests for fees and expenses. You may attend and you may ask to speak, but you do not have to.
The Fairness Hearing. (a) On the date set by the Court in its Preliminary Approval Order, the Parties shall participate in the hearing (the “Fairness Hearing”), during or after which the Court shall determine by entry of an order finally approving the Settlement (the “Final Approval Order”) whether: (i) this Settlement Agreement is fair, reasonable, and adequate and should be approved by the Court; (ii) final judgment approving this Settlement Agreement should be entered (“Judgment”); (iii) the Settlement Class and the Vesting Subclass should be certified as a mandatory non-opt-out class and Subclass, respectively, meeting the applicable requirements for a settlement class imposed by Federal Rule of Civil Procedure 23; (iv) the requirements of Federal Rule of Civil Procedure 23 and due process have
The Fairness Hearing. A hearing on final settlement approval (the “Fairness Hearing”) is hereby scheduled to be held before this Court on no later than one hundred fifteen (135) days from the Notice Date, to consider the fairness, reasonableness, and adequacy of the proposed settlement, the dismissal with prejudice of these Class Actions with respect to the Released Parties that are Defendants therein, and the entry of final judgment in the Class Action. Class Counsel's application for award of attorneys' fees and costs shall be heard at the time of the fairness hearing.
The Fairness Hearing. On the date and time set by the Court, Class Counsel and counsel for Defendants shall participate in the Fairness Hearing. Class Counsel and counsel for Defendants will reasonably cooperate with one another to obtain a Final Approval Order.
