Entry of Preliminary Approval Order Sample Clauses
Entry of Preliminary Approval Order. The Court shall enter a Preliminary Approval Order in substantially the form of that attached as Exhibit 2 hereto, which shall among other things:
a. Preliminarily certify the proposed Class under Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure for settlement purposes only;
b. Preliminarily approve this Agreement as fair, reasonable, and adequate under Rule 23 of the Federal Rules of Civil Procedure subject to final determination by the Court;
c. Approve the appointment of the Class Representatives as representatives of the Class for the Settlement and the appointment of Class Counsel as counsel for the Class for the Settlement;
d. Approve a form of Class Notice substantially in the form of Exhibit 1 to be sent to the individuals on the Notice List;
e. Set deadlines consistent with this Agreement for mailing of the Class Notice, the filing of opt-outs and objections, and filing of motions, and the filing of papers in connection with the Final Approval Hearing;
f. Direct the Settlement Administrator, following entry by the Court of the Preliminary Approval Order, to mail the Class Notice to each individual on the Notice List by first-class mail;
g. Set a date for a Final Approval Hearing on final approval of this Settlement;
h. Establish a procedure for Class Members to exclude themselves and set a date, at least thirty days before the Final Approval Hearing, after which no Class Member shall be allowed to opt out of the Settlement and shall be bound to the terms of the Settlement;
i. Establish a procedure for Settlement Class Members to appear and/or object to the Settlement and set a date, at least thirty days before the Final Approval Hearing, after which no Settlement Class Member shall be allowed to object;
j. Require any attorneys representing objecting Settlement Class Members, at the objecting Settlement Class Member’s expense, to file a notice of appearance;
k. Stay all proceedings in the Action against the Defendant, other than proceedings as may be necessary to carry out the terms and conditions of the Agreement;
l. Pending Final Approval, and upon expiration of the Opt-Out Deadline, prohibit each Settlement Class Member, Class Counsel and other counsel from maintaining, commencing, prosecuting or pursuing directly, representatively, or in any other capacity any Released Claim subsumed and covered by the Release in this Agreement in any court or arbitration forum;
m. Contain such other and further provisions consistent with the term...
Entry of Preliminary Approval Order. The Court must enter a Preliminary Approval Order in a form substantially similar to Exhibit C to this Agreement, which shall, among other things:
(a) Preliminarily approve the Settlement as fair, reasonable and adequate;
(b) Order the issuance of the Class Notice to Class Members, and determine that such Class Notice complies with all legal requirements, including but not limited to, the Due Process Clause of the United States Constitution;
(c) Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order should be finally approved by the Court;
(d) Require Class Members who wish to exclude themselves to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed in this Agreement and Class Notice, and advise that a failure to do so shall bind those Class Members who remain in the Class.
(e) Require Class Members who wish to object to this Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in this Agreement and Class Notice, and advise that a failure to do so shall prevent those Class Members from doing so;
(f) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement this Agreement; and
(g) Issue related orders to effectuate the preliminary approval of this Agreement.
Entry of Preliminary Approval Order. The Court shall enter a Preliminary Approval Order substantially similar in form and content to Exhibit A, which shall, among other things.
Entry of Preliminary Approval Order. The Court shall enter a Preliminary Approval Order in the form attached hereto as Exhibit F, which shall, among other things:
(a) Conditionally certify the Settlement Class for settlement purposes only, approve Plaintiffs as class representatives, and appoint Class Counsel pursuant to Rule 23 of the Federal Rules of Civil Procedure;
(b) Preliminarily approve the Settlement as fair, reasonable and adequate;
(c) Order the issuance of Class Notice to the Settlement Class, and determine that such Class Notice complies with all legal requirements, including, but not limited to, the Due Process Clause of the United States Constitution;
(d) Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order should be finally approved by the Court;
(e) Require members of the Settlement Class who wish to exclude themselves to submit a timely written request for exclusion by the Opt-Out Deadline, as directed in the Settlement Agreement and Class Notice, and advise that a failure to opt out shall bind those members of the Settlement Class to the Settlement Agreement;
Entry of Preliminary Approval Order. The Court shall enter a Preliminary Approval Order in a form substantially similar to Exhibit 5, which shall, among other things:
(a) Preliminarily approve the Settlement as fair, reasonable, and adequate;
(b) Direct the issuance of Class Notice to the Settlement Class, upon a finding that giving notice is justified by the Parties’ showing that the Court will likely be able to approve the Settlement under Fed. R. Civ. P. 23(e)(2), and (ii) certify the Settlement Class for purposes of judgment on the proposal;
(c) Determine that such Class Notice complies with all legal requirements, including, but not limited to, the Due Process Clause of the United States Constitution;
(d) Schedule a date and time for a Final Approval Hearing to determine whether the Settlement should be finally approved by the Court;
Entry of Preliminary Approval Order. The Court shall enter a Preliminary Approval Order substantially similar in form and content to Exhibit A, which shall, among other things: 27
(a) Certify preliminarily and only for purposes of settlement the Class, preliminarily approving the Plaintiff as class representative of the Class, and appointing Class 3 Counsel, pursuant to Fed. R. Civ. P. 23;
(b) Preliminarily approve the Settlement as fair, reasonable and adequate and approve selection of the Administrator;
(c) Order the issuance of Class Notice, including the Mail Notice, Publication Notice, and Website Notice on the Settlement Website, to Settlement Class Members, and determine that such Class Notice is the best notice practicable under the circumstances and complies with all legal requirements, including, but not limited to, Fed. R. Civ. P. 23 and the Due Process Clause of the United States Constitution;
(d) Schedule a date and time for a Final Approval Hearing not earlier than one hundred and twenty (120) Days after the Notice Date to determine whether the 13 Settlement should be finally approved by the Court;
Entry of Preliminary Approval Order. The Court shall enter a Preliminary Approval Order in substantially similar form as Exhibit E, which shall, among other things:
a. Certify for purposes of settlement a nationwide Settlement Class, approving the Named Plaintiff as class representative and appointing Class Counsel, pursuant to Fed. R. Civ. P. 23;
b. Preliminarily approve the Settlement as fair, reasonable, and adequate;
c. Order the issuance of Class Notice to the Settlement Class, and determine that such Notice complies with all legal requirements, including, but not limited to, the Due Process Clause of the United States Constitution;
d. Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order should be finally approved by the Court;
Entry of Preliminary Approval Order. The Court shall enter a Preliminary Approval Order substantially in the form attached as Exhibit C, as described in Section 6.
Entry of Preliminary Approval Order. The Court shall enter a Preliminary Approval Order preliminarily approving the Settlement pursuant to FED. R. Civ. P.
Entry of Preliminary Approval Order. The Court shall enter a 21 Preliminary Approval Order in substantially similar form as Exhibit C, which shall, among 22 other things:
23 a. Certify for purposes of settlement a Settlement Class, approving 24 Plaintiff as class representative and appointing Class Counsel, pursuant to Fed. R. Civ. P. 23;
25 b. Preliminarily approve the Settlement as fair, reasonable and 26 adequate;
27 c. Order the issuance of Class Notice to the Settlement Class, and determine that such Notice complies with all legal requirements, including, but not limited to, the Class Action Fairness Act and Due Process Clause of the United States Constitution;