Common use of Approval of Class Settlement Clause in Contracts

Approval of Class Settlement. A. Following the Parties’ execution of this Agreement, Plaintiffs shall file forthwith a joint motion seeking preliminary approval of the Settlement Agreement. The motion must request the court to: 1. Preliminarily approve the Settlement Agreement as being a fair, reasonable, and adequate settlement within the meaning of Federal Rule of Civil Procedure 23 and applicable law, and consistent with due process; 2. Approve the Notice Plan set forth in section XV.B; and 3. Set the date and time of the Fairness Hearing. B. Notice: Notice to Class Members, attached hereto as Exhibit A, shall be translated into Spanish, French, Creole, Portuguese, Mandarin, and Punjabi. The Parties will propose to the Court that the notice shall be given to Class Members upon preliminary approval of the Classwide Settlement via the following: Posting in the Facility. Plaintiffs are responsible for the costs of translation of the notice described in this section. C. Following the Effective Date, the Parties shall forthwith jointly file the stipulated request attached hereto as Exhibit B, requesting that the Court enter this Agreement as a stipulated order and dismiss the Action with prejudice; notwithstanding such dismissal, the Court shall retain jurisdiction to interpret and enforce this Agreement for its duration as defined in section VII.A of this Agreement. The stipulated request for dismissal and judgment shall provide as follows: The Court shall retain jurisdiction over this Agreement, and all disputes between and among the Parties arising out of the Agreement, including but not limited to interpretation and enforcement of the terms of the Agreement, except as otherwise provided in the Agreement, for a term of the shorter of three years from the date of the Court’s Final Approval, or one year after the expiration of the Presidential national emergency declaration concerning COVID-19. See Continuation of the National Emergency Concerning the Coronavirus Disease 2019 (COVID-19) Pandemic, 87 Fed. Reg. 10,289 (Feb. 23, 2022), unless Final Approval occurs after the end of the Presidential national emergency declaration, in which case the Agreement shall expire one year after Final Approval.

Approval of Class Settlement. A. Following the Parties’ execution of this Agreement, Plaintiffs shall file forthwith a joint motion seeking preliminary approval of the Settlement Agreement. The motion must request the court to: 1. Preliminarily approve the Settlement Agreement as being a fair, reasonable, and adequate settlement within the meaning of Federal Rule of Civil Procedure 23 and applicable law, and consistent with due process; 2. Approve the Notice Plan set forth in section Section XV.B; and 3. Set the date and time of the Fairness Hearing. B. Notice: Notice to Class Members, attached hereto as Exhibit A, shall be translated into Spanish, French, Creole, Spanish and Portuguese, Mandarin, and Punjabi. The Parties will propose to the Court that the notice shall be given to Class Members upon preliminary approval of the Classwide Settlement Agreement via the following: Posting in the Facility. Plaintiffs are responsible for the costs of translation of the notice described in this section. C. Following the Effective Date, the Parties shall forthwith jointly file the stipulated request attached hereto as Exhibit B, requesting that the Court enter this Agreement as a stipulated order and dismiss the Action with prejudice; notwithstanding such dismissal, the Court shall retain jurisdiction to interpret and enforce this Agreement for its duration as defined in section Section VII.A of this Agreement. The stipulated request for dismissal and judgment shall provide as follows: The [T]he Court shall retain jurisdiction over this Agreement, and all disputes between and among the Parties arising out of the Agreement, including but not limited to interpretation and enforcement of the terms of the Agreement, except as otherwise provided in the Agreement, for a term of the shorter of three years from the date of the Court’s Final Approval, or one year after the expiration of the Presidential national emergency declaration concerning COVID-19. See Continuation of the National Emergency Concerning the Coronavirus Disease 2019 (COVID-19) Pandemic, 87 Fed. Reg. 10,289 (Feb. 23, 2022), unless Final Approval occurs after the end of the Presidential national emergency declaration, in which case the Agreement shall expire one year eight months after Final Approval.