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;
Appears in 1 contract
Sources: Settlement Agreement
Entry of Preliminary Approval Order. The Court shall enter a the Preliminary Approval Order in the form attached hereto as Exhibit FOrder, which shall, among other things:
(a) Conditionally certify the Settlement Class for settlement purposes only, approve Plaintiffs Plaintiff as class representativesClass Representative, 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;
Appears in 1 contract
Sources: Settlement Agreement