Final Order and Judgment. Before the Fairness Hearing, Plaintiffs shall apply for Court approval of a proposed Final Order and Judgment, substantially similar to the form attached hereto as Exhibits F-G. Class Counsel shall draft the motion papers. ▇▇▇▇▇▇ shall be permitted, but is not required, to file its own brief or statement of non-opposition in support of the Final Approval Order and Judgment. Subject to the Court’s approval, the Final Order and Judgment shall, among other things: (a) finally approve the Settlement Agreement as fair, reasonable and adequate; (b) finally certify the Class for Settlement purposes only, pursuant to California Code of Civil Procedure § 382; (c) find that the Notice and the Notice dissemination methodology complied with the Settlement Agreement, California Code of Civil Procedure § 382, California Rules of Court, rules 3.766 and 3.769, the California Constitution and United States Constitution; (d) issue orders related to the relief provided for in the Settlement Agreement, including distribution of the Vouchers, payment of Plaintiffs’ Individual Settlement Awards, and payment of Class Counsel’s fees and costs; (e) incorporate the releases set forth in the Settlement Agreement; (f) dismiss the Action with prejudice; and (g) retain jurisdiction over the Action and the Parties relating to the administration, consummation, and/or enforcement of the Agreement and/or the Final Order and Judgment, and for any other necessary purpose.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Final Order and Judgment. Before the Fairness Hearing, Plaintiffs shall Plaintiff must apply for Court approval of a proposed Final Order and Judgment, substantially similar to the form forms attached hereto as Exhibits F-G. Class Counsel shall draft the motion papers. ▇▇▇▇▇▇ shall be permittedF and G, but is not required, to file its own brief or statement of non-opposition in support of the Final Approval Order and Judgmentrespectively. Subject to the Court’s approval, the Final Order and Judgment shall, among other things:
(a) finally approve the Settlement Agreement as fair, reasonable and adequate;
(b) finally certify the Class for Settlement settlement purposes only, pursuant to California Code of Civil Procedure § 382;
(c) find that the Notice notice and the Notice notice dissemination methodology complied with the Settlement Agreement, California Code of Civil Procedure § 382, California Rules of Court, rules Court 3.766 and 3.769, the California Constitution and United States Constitution;
(d) issue orders related to the relief provided for in the Settlement Agreement, including distribution of the VouchersMerchandise Certificates, payment of Plaintiffs’ Plaintiff’s Individual Settlement AwardsAward, and payment of Class Counsel’s fees and costs;
(e) incorporate the releases set forth in the Settlement Agreement;
(f) dismiss the Action with prejudice; and
(ga) retain jurisdiction over the Action and the Parties relating to the administration, consummation, and/or enforcement of the Agreement and/or the Final Order and Judgment, and for any other necessary purpose.
Appears in 1 contract
Sources: Settlement Agreement
Final Order and Judgment. Before the Fairness Hearing, Plaintiffs Plaintiff shall apply for Court approval of a proposed Final Order and Judgment, substantially similar to the form attached hereto as Exhibits F-G. Class Counsel shall draft the motion papers. ▇▇▇▇▇▇ Shutterfly shall be permitted, but is not required, to file its own brief or statement of non-opposition in support of the Final Approval Order and Judgment. Subject to the Court’s approval, the Final Order and Judgment shall, among other things:
(a) finally approve the Settlement Agreement as fair, reasonable and adequate;
(b) finally certify the Class for Settlement purposes only, pursuant to California Code of Civil Procedure § 382;
(c) find that the Notice and the Notice dissemination methodology complied with the Settlement Agreement, California Code of Civil Procedure § 382, California Rules of Court, rules 3.766 and 3.769, the California Constitution and United States Constitution;
(d) issue orders related to the relief provided for in the Settlement Agreement, including distribution of the Vouchers, payment of Plaintiffs’ Plaintiff’s Individual Settlement AwardsAward, and payment of Class Counsel’s fees and costs;
(e) incorporate the releases set forth in the Settlement Agreement;
(f) dismiss the Action with prejudice; and
(g) retain jurisdiction over the Action and the Parties relating to the administration, consummation, and/or enforcement of the Agreement and/or the Final Order and Judgment, and for any other necessary purpose.
Appears in 1 contract
Sources: Settlement Agreement
Final Order and Judgment. Before the Fairness Hearing, Plaintiffs Plaintiff shall apply for Court approval of a proposed Final Order and Final Judgment, substantially similar to the form attached hereto as Exhibits F-F – G. Class Counsel shall draft the motion papers. ▇▇▇▇▇▇ American Freight shall be permitted, but is not required, to file its own brief or statement of non-opposition in support of the Final Approval Order and Judgment. Subject to the Court’s approval, the Final Order and Judgment shall, among other things:
(a) finally approve the Settlement Agreement as fair, reasonable reasonable, and adequate;
(b) finally certify the Class for Settlement purposes only, pursuant to California Code of Civil Procedure § 382;
(c) find that the Notice and the Notice dissemination methodology complied with the Settlement Agreement, California Code of Civil Procedure § 382, California Rules of Court, rules Rules 3.766 and 3.769, the California Constitution Constitution, and United States Constitution;
(d) issue orders related to the relief provided for in the Settlement Agreement, including distribution of the Vouchers, payment of Plaintiffs’ Plaintiff’s Individual Settlement AwardsAward, and payment of Class Counsel’s fees and costs;
(e) incorporate the releases set forth in the Settlement Agreement;
(f) dismiss the Action with prejudice; and
(g) retain jurisdiction over the Action and the Parties relating to the administration, consummation, and/or enforcement of the Agreement and/or the Final Order and Judgment, and for any other necessary purpose.
Appears in 1 contract
Sources: Settlement Agreement
Final Order and Judgment. Before the Fairness Hearing, Plaintiffs Plaintiff shall apply for Court approval of a proposed Final Order and JudgmentOrder, substantially similar to the form attached hereto as Exhibits F-G. Exhibit F. Class Counsel shall draft the motion papers. ▇▇▇▇▇▇ Kipling shall be permitted, but is not required, to file its own brief or statement of non-opposition in support of the Final Approval Order and Judgment. Subject to the Court’s approval, the Final Order and Judgment shall, among other things:
(a) finally approve the Settlement Agreement as fair, reasonable and adequate;
(b) finally certify the Class for Settlement purposes onlyClass, pursuant to California Code of Civil Procedure § 382;
(c) find that the Notice and the Notice dissemination methodology complied with the Settlement Agreement, California Code of Civil Procedure § 382, California Rules of Court, rules 3.766 and 3.769, the California Constitution and United States Constitution;
(d) issue orders related to the relief provided for in the Settlement Agreement, including distribution of the Vouchers, payment of Plaintiffs’ Plaintiff’s Individual Settlement AwardsService Award, and payment of Class Counsel’s fees and costs;
(e) incorporate the releases set forth in the Settlement Agreement;
(f) dismiss the Action with prejudice; and
(g) retain jurisdiction over the Action and the Parties relating to the administration, consummation, and/or enforcement of the Agreement and/or the Final Order and Judgment, and for any other necessary purpose.
Appears in 1 contract
Sources: Settlement Agreement
Final Order and Judgment. Before the Fairness Hearing, Plaintiffs shall must apply for Court approval of a proposed Final Order and Judgment, substantially similar to the form forms attached hereto as Exhibits F-G. Class Counsel shall draft the motion papers. ▇▇▇▇▇▇ shall be permittedG and H, but is not required, to file its own brief or statement of non-opposition in support of the Final Approval Order and Judgmentrespectively. Subject to the Court’s approval, the Final Order and Judgment shall, among other things:
(a) finally approve the Settlement Agreement as fair, reasonable and adequate;
(b) finally certify the Class for Settlement settlement purposes only, pursuant to California Code of Civil Procedure § 382;
(c) find that the Notice notice and the Notice notice dissemination methodology complied with the Settlement Agreement, California Code of Civil Procedure § 382, California Rules of Court, rules Court 3.766 and 3.769, the California Constitution and United States Constitution;
(d) issue orders related to the relief provided for in the Settlement Agreement, including distribution of the Vouchers, payment of Plaintiffs’ Individual Settlement Awards, and payment of Class Counsel’s fees and costs;
(e) incorporate the releases set forth in the Settlement Agreement;
(f) dismiss the Action with prejudice; and
(ga) retain jurisdiction over the Action and the Parties relating to the administration, consummation, and/or enforcement of the Agreement and/or the Final Order and Judgment, and for any other necessary purpose. Class Counsel must also draft the motion papers and give New York & Company’s Counsel drafts of the motion and proposed order to review before the motion’s filing and service date/deadline.
Appears in 1 contract
Sources: Settlement Agreement