Final Judgment and Order Sample Clauses
The "Final Judgment and Order" clause formally records the court's ultimate decision and the resulting directives at the conclusion of a legal proceeding. This clause typically specifies the outcome of the case, such as the relief granted, any monetary awards, or actions required by the parties, and may also address the resolution of all claims and defenses. Its core function is to provide a clear, enforceable record of the court's final determination, ensuring that all parties understand their obligations and that the matter is conclusively resolved.
Final Judgment and Order. The final approval hearing shall take place 15 days after the last date for class members to opt out or object, or as soon thereafter as the Court can set a date for such hearing. The Parties shall jointly request at the final approval hearing that the Court enter final judgment (the “Final Judgment and Order”). A copy of the proposed Final Judgment and Order agreed to by the Parties is attached hereto as Exhibit E. That order shall provide, inter alia, that:
a. the Settlement Agreement is fair, reasonable, adequate, and in the best interests of the Settlement Class.
b. the Notice Program and Class Notice fully comply with the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process, constitutes the best notice practicable under the circumstances, and are due and sufficient notice to all persons entitled to notice of the settlement of the Lawsuits.
c. the Lawsuits and any other consolidated and transferred actions before the Court be dismissed with prejudice, without fees or costs except as provided in this Settlement Agreement.
Final Judgment and Order. The motion of Plaintiffs ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, Shera Paglinawan, ▇▇▇▇▇ ▇▇▇▇ and ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ (“Plaintiffs”), for final approval of their class action settlement with all defendants, including defendants Random House, Inc. and ▇▇▇▇▇ ▇▇▇▇ (“Defendants”), came on for hearing on 200_ at a.m. in Room 17B of the federal court house building located at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇. On , 200_, this Court entered an order granting preliminary approval (the “Preliminary Approval Order”) of the settlement reached among Plaintiffs, on their own behalf and on behalf of the Settlement Class (as defined below), counsel for Plaintiffs, and Defendants, as memorialized in the Settlement Agreement. On , 200_ the Court held a fairness hearing (the “Fairness Hearing”), for which members of the Settlement Class had been given appropriate notice. An opportunity to be heard was given to all persons requesting to be heard in accordance with the Preliminary Approval Order. Having considered the Parties’ moving papers, the Settlement Agreement, and all other evidence submitted concerning Plaintiff’s motion,
Final Judgment and Order. At the Final Approval Hearing, the Parties will ask the Court to enter final judgment (the “Final Judgment and Order”). A copy of the proposed Final Judgment and Order is attached as Exhibit E.
Final Judgment and Order. Every Request for Exclusion must contain his or her (a) full 21 name, (b) current address, (c) a clear statement communicating that he or she elects to be 22 excluded from the Class, (d) his or her signature, and (e) the case name and case number
Final Judgment and Order. If the Settlement Agreement is preliminarily approved by the Court following a hearing, the Parties shall jointly request at the fairness hearing that the Court enter the Final Judgment and Order. The fairness hearing shall be held no earlier than fourteen (14) days after the deadline for all members of the Settlement Class to opt out or object under paragraphs 16 and 17 of this Agreement. A copy of the form of the proposed Final Judgment and Order agreed to by the Parties is attached hereto as Exhibit C. That order shall provide, inter alia, that:
a. The Settlement Agreement is fair, reasonable, adequate, and in the best interests of the Settlement Class;
b. The Notice fully complied with the requirements of 735 ILCS 5/2-803 and due process, constituted the best notice practicable under the circumstances, and was due and sufficient notice to all persons entitled to notice of this Settlement;
c. The Released Claims and the Litigation are dismissed with prejudice as to all Released Parties, without fees or costs except as provided in this Settlement Agreement;
d. Plaintiff and members of the Settlement Class are permanently enjoined and barred from commencing or prosecuting any action asserting any of the Related Claims, either directly, representatively, derivatively, or in any other capacity, whether by a complaint, counterclaim, defense, or otherwise, in any local, state, or federal court, or in any agency or other authority or forum wherever located. Any person or entity who knowingly violates such injunction shall pay the attorneys’ fees and costs incurred by CorVel or any other Released Party as a result of the violation; and
e. The Court shall retain exclusive jurisdiction over this Litigation, the Parties, and all members of the Settlement Class to determine all matters relating in any way to the Final Judgment and Order, the Preliminary Approval Order, or the Settlement Agreement, including but not limited to the administration, implementation, interpretation, or enforcement of such orders or Agreement.
Final Judgment and Order. At the Final Approval Hearing, the Parties will ask the Court and Order is attached as Exhibit F.
Final Judgment and Order. If this Settlement Agreement is preliminarily approved by the Court, the Parties shall each request at the Fairness Hearing that the Court enter final judgment (the “Final Judgment and Order”). The Fairness Hearing shall be held no earlier than fourteen (14) days after the deadline for Settlement Class members to submit a claim, and no earlier than 140 days after the Motion for Preliminary Approval is filed. A copy of the form of the proposed Final Judgment and Order agreed to by the Parties is attached hereto as Exhibit H. The Final Judgment and Order shall provide, inter alia, that:
a. The Notice fully complied with the requirements of Fed. R. Civ. P. 23 and due process, constituted the best notice practicable under the circumstances, and was due and sufficient notice to all persons entitled to notice of this Settlement;
b. The Settlement Agreement is fair, reasonable, adequate, and in the best interests of the Settlement Class;
c. The Released Claims are dismissed with prejudice as to all Released Parties, without fees or costs except as provided in this Settlement Agreement; and
d. Plaintiff and all Settlement Class members are permanently enjoined and barred from commencing or prosecuting any action asserting any of the Released Claims,
Final Judgment and Order. This matter having come before the Court on Plaintiff’s motion for final approval of a proposed class action Settlement Agreement and General Release, dated October __, 2010 (“Settlement Agreement”), between plaintiff, ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, D.C. (“Plaintiff”), on the one hand, and defendant, CorVel Corporation (“CorVel”), on the other hand, and the Court, having held a ▇▇▇▇▇▇▇ hearing on the fairness, adequacy, and reasonableness of the settlement and considered all of the written submissions and oral arguments made in connection with final settlement approval, the Court hereby finds and orders as follows:
1. Unless defined herein, all defined terms in this Final Judgment and Order shall have the same meanings that the same terms have in the Settlement Agreement.
2. Notice to the Settlement Class has been provided in accordance with the Court’s Preliminary Approval Order. The notice, in form, method, and content, fully complies with the requirements of 735 ILCS 5/2-803 and due process, constituted the best notice practicable under the circumstances, and constituted due and sufficient notice to all persons entitled to notice of the settlement.
3. The settlement consideration provided under the Settlement Agreement constitutes fair value given in exchange for the releases. The Court finds that the consideration to be paid to members of the Settlement Class is reasonable, considering the facts and circumstances of the claims and affirmative defenses asserted in the Litigation, and the potential risks and likelihood of success of alternatively pursing a trial on the merits.
4. The Settlement Agreement was arrived at through good-faith bargaining at arm’s-length, without collusion, conducted by counsel with substantial experience in prosecuting and resolving class actions.
5. Accordingly, the Court finds that the Settlement Agreement is fair, adequate, and reasonable, and in the best interests of the Settlement Class in light of the complexity, expense, and duration of litigation and the risks involved in establishing liability and damages and in maintaining the class action through trial and appeal.
6. The persons listed on Exhibit A hereto are found to have validly excluded themselves from the Settlement Class and the settlement in accordance with the provisions of the Preliminary Approval Order.
7. All Settlement Class members who failed to submit an objection to the Settlement in accordance with the deadline and procedure set forth in the Preliminary Approval ...