The Preliminary Approval Order or Final Approval Order is finally reversed on appeal, or is materially modified on appeal, and the Settling Parties do not mutually agree to any such material modifications; or
The Preliminary Approval Order and the Final Approval Order are not entered by the Court in substantially the form submitted by the Settling Parties or in a form which is otherwise agreed to by the Settling Parties; or
The Preliminary Approval Order. 11.1. The Parties will submit this Agreement to the Court within ten days of signing it; and
11.2. The Parties will request that the Court enter the Preliminary Approval Order.
The Preliminary Approval Order. 5. As soon as practicable after the execution of this Settlement Agreement, the parties shall present this Settlement Agreement to the Court. The parties will request by joint motion that the Court enter a preliminary approval order, which shall accomplish the following:
a. Find that the requirements of Federal Rule of Civil Procedure 23, 29 U.S.C. § 216(b), and any other requirements for certification of the NYLL Class and FLSA Collective have been satisfied and that both the NYLL Class and the FLSA Collective shall be certified;
b. Provide that the Settlement’s terms shall apply to the Plaintiffs (i.e., the NYLL Class and the FLSA Collective) and the Defendants;
c. Preliminarily approve the Agreement as fair, reasonable, and adequate;
d. Find that the notice procedure set forth in the Agreement satisfies the requirements of due process and applicable law and procedure;
e. Apprise Plaintiffs of their right to “Opt-out,” or object to the Settlement;
f. Set the time period for submitting a completed Claim Form, Opting-out, or filing objections, such date to be no more than sixty (60) days after the date of mailing the Notice Packet, defined below, to members of the Settlement Class;
g. Set a date for the hearing at which the Court will finally determine the fairness, reasonableness, and adequacy of the proposed Settlement (the “Final Fairness Hearing”), such date to be not more than thirty (30) days after the deadline for Class Members to timely submit completed Claim Forms, Opt-out, or file objections;
h. Appoint Named Plaintiff Xx. Xxxxxx as the Class Representative for the NYLL Class; and
i. Appoint Xx. Xxxxxxxx Xxxxxxxxxx of The Xxxxxxxx Firm, P.C. as class counsel to the NYLL Class.
6. In the event the Court disapproves or sets aside this Agreement, or any material part hereof, for any reason, then the parties will either jointly agree to accept the Agreement as judicially modified or engage in good faith negotiations in an effort to jointly agree to modify the Agreement for resubmission to the Court for approval. If such negotiations prove unsuccessful, then any party may declare this Agreement null and void, and the Action will proceed, and the parties will seek a new scheduling order from the Court. Such declaration shall only be made following fourteen (14) days’ notice by such party to the other party of its intention to declare the Agreement null and void. The parties may agree by stipulation executed by counsel to modifications to this Agreement...
The Preliminary Approval Order. 5.1 Promptly upon the execution of this Agreement, Named Plaintiffs shall move 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 Defendants as set forth in Exhibit F hereto. The motion for preliminary approval shall request that the Court: (1) approve the terms of the Settlement as within the range of fair, adequate and reasonable terms; (2) provisionally certify the Settlement Classes pursuant to Federal Rule of Civil Procedure 23 for settlement purposes only; (3) approve the notice program set forth herein and approve the form and content of the Notices of the Settlement; (4) approve the procedures set forth in Section 7 hereof and in the notice program for Settlement Class Members to exclude themselves from the Settlement Classes or to object to the Settlement; (5) designate Class Counsel as counsel for the Settlement Classes; (6) preliminarily enjoin all Settlement Class Members, unless and until they have timely and properly excluded themselves from the Settlement Classes, from participating as plaintiff or class member in any other lawsuit or proceeding in any jurisdiction based on, relating to, or arising out of any of the claims asserted in the Litigation; and
The Preliminary Approval Order. Within fifteen (15) calendar days of the execution of this Amended Agreement, the Parties shall request that the Court enter the Preliminary Approval Order, specifically including provisions that: (1) preliminarily approve the settlement reflected in
The Preliminary Approval Order and Notice Plan shall advise prospective Class Members of their rights to file a Claim; to exclude themselves from the Settlement, forego the benefits of this Settlement and reserve the right to pursue an individual claim; to object to this settlement individually or through counsel; and to appear at the Final Approval Hearing. The proposed Preliminary Approval order and Long Form Notice will provide that any Settlement Class Members wishing to object or exclude themselves who fail to properly or timely file or serve any of the requested information and/or documents will be precluded from doing so.
The Preliminary Approval Order. 11.1 Within ten (10) days of execution of this Agreement, the Parties shall submit it to the Court. The Parties will then ask the Court to enter an Order of Preliminary Approval.
11.2 If approved, the Preliminary Approval Order shall:
(a) Provide for the certification of the Settlement Class, for settlement purposes only, pursuant to Federal Rule of Civil Procedure 23, and of Plaintiffs as the representatives of the Class;
(b) Provide for notice to be given to the Settlement Class;
(c) Prescribe periods of time during which Settlement Class Members may timely opt out of the Class or serve written objections to the Settlement or to the request of Class Counsel for counsel fees, costs, and expenses or the incentive payments proposed to be paid to named Plaintiffs; and
(d) Schedule a Final Approval Hearing to (i) consider the fairness, reasonableness, and adequacy to the Settlement Class Members of the proposed Settlement; (ii) consider the granting of final approval of the proposed Settlement and the dismissal with prejudice of the above-captioned actions that are part of this MDL Litigation;
The Preliminary Approval Order attached hereto as Exhibit A, shall provide that requests for exclusion shall be received no later than twenty-one (21) calendar days prior to the Settlement Hearing. Upon receiving any request for exclusion pursuant to the Notice, Lead Counsel shall promptly, and in no event no later than three (3) calendar days after receiving a request for exclusion or fifteen (15) calendar days prior to the Settlement Hearing, whichever is earlier, notify the Individual Defendants’ Counsel of such request for exclusion and provide copies of such request for exclusion and any documentation accompanying it by email.
The Preliminary Approval Order and Notice to the Class shall further provide that persons who fail to properly or timely file their objections, along with the required information and documentation set forth above, or to serve them as provided above, shall not be heard during the Final Approval Hearing, nor shall their objections be considered by the Court.
