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.
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:
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 In re: Wheaton Franciscan ERISA Litigation Settlement Agreement September 1, 2017 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.
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. 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. 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. 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, the Plaintiffs 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 Class 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 of this Settlement Agreement; and (iv) whether the Plaintiffs shall be awarded a Case Contribution Award. 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
The Fairness Hearing. Pursuant to Rule 23(e) of the Federal Rules of Civil 6 Procedure, the Court will hold a Fairness Hearing in person, telephonically, or by 7 video on [DATE] at [TIME], to determine whether the proposed Settlement is fair, 8 reasonable, and adequate and should be approved by the Court; to determine whether
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
