Motion for Final Approval and Entry of Final Judgment Sample Clauses
The Motion for Final Approval and Entry of Final Judgment is a legal request submitted to the court, typically in class action or settlement proceedings, seeking the court’s formal approval of a proposed settlement and the issuance of a final judgment resolving the case. This motion is usually filed after notice has been given to all affected parties and a fairness hearing has been conducted, allowing the court to evaluate whether the settlement terms are fair, reasonable, and adequate. Its core function is to obtain the court’s official endorsement of the settlement, thereby concluding the litigation and providing certainty and closure to all parties involved.
Motion for Final Approval and Entry of Final Judgment. If the Court grants Preliminary Approval of this Agreement, Class Plaintiffs, through Plaintiffs’ Counsel, shall, in accordance with the schedule set forth in the Court’s Preliminary Approval Order, submit to the Court a separate motion for Final Approval of this Agreement by the Court. The motion for Final Approval shall seek entry of an order and Final Judgment:
a. Finally approving the Settlement as being a fair, reasonable, and adequate settlement for the Class within the meaning of Federal Rules of Civil Procedure 23, and directing the implementation, performance and consummation of the Settlement pursuant to the terms and conditions set forth in this Agreement;
b. Dismissing the Action with prejudice;
c. Dismissing all claims against the non-existing corporate entity “Inmate Telephone Service” with prejudice.
d. Ordering the Class Plaintiffs and Class Members to discharge the Released Parties of and from all further liability to Plaintiffs and Class Members with respect to the Released Claims (but not as to any obligations created or owed pursuant to this Agreement);
e. Permanently barring and enjoining Class Plaintiffs and Class Members from bringing, filing, commencing, prosecuting (or further prosecuting), or intervening in, any other lawsuit, arbitration, or administrative, regulatory or other proceeding or cause of action in law or equity that asserts the Released Claims or receiving any settlement consideration in any other lawsuit, arbitration, or administrative, regulatory or other proceeding or cause of action in law or equity based on the Released Claims
f. Reserving continuing and exclusive jurisdiction over the Settlement for all purposes; and
g. Determining under Fed. R. Civ. P. 54(b) that there is no just reason for delay and directing that the judgment of dismissal as to the Released Parties shall be final and appealable and entered forthwith. The Parties shall take all reasonable steps to obtain Final Approval of the Settlement.
Motion for Final Approval and Entry of Final Judgment. Not less than thirty-five (35) calendar days prior to the date set by the Court to consider whether this Settlement should be finally approved, Plaintiffs shall submit, and NCC and UCC shall not object to, a Motion for Final Approval of the Settlement by the Court, seeking the following:
a. Fully and finally approving this Settlement Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Class within the meaning of Rule 23(e) of the Federal Rules of Civil Procedure and directing its consummation according to its terms and conditions;
b. Finding that the notice given to the Class constitutes the best notice practicable under the circumstances and complies in all respects with the due, adequate and sufficient notice requirements of Federal Rule of Civil Procedure 23, and meets the requirements of due process;
c. Directing that, as to NCC and UCC, the Action be dismissed with prejudice and, except as provided for in this Settlement Agreement, without costs;
d. Discharging and releasing the Releasees from the Released Claims;
e. Permanently barring and enjoining the institution and prosecution, by any member of the Class that has not previously opted out, of any other action against the Releasees based on the Released Claims;
f. Reserving continuing and exclusive jurisdiction over the settlement and this Settlement Agreement, including all future proceedings concerning the administration, interpretation, consummation, and enforcement of this settlement, to this United States District Court for the Northern District of California; and
g. Finding under Federal Rule of Civil Procedure 54(b) that there is no just reason for delay and directing that the judgment of dismissal as to NCC and UCC shall be final and entered forthwith. No later than two (2) business days after the Court fully and finally approves this Settlement Agreement and its terms, Plaintiffs shall seek entry of Final Judgment as to NCC and UCC.
Motion for Final Approval and Entry of Final Judgment. If the Court 4 preliminarily approves the Settlement, Class Counsel shall submit a motion for final approval 5 pursuant to the schedule provided for in the Preliminary Approval Order. The final approval 6 motion shall seek entry of a final approval order:
Motion for Final Approval and Entry of Final Judgment. If the Court certifies the Indirect Purchaser Class for purposes of settlement and preliminarily approves the Settlement, Plaintiffs shall submit a motion for final approval of this Settlement by the Court, after appropriate notice to the Indirect Purchaser Class, and shall seek entry of a Final Judgment and Order substantially in the form attached hereto as Exhibit C, with any additional findings of fact and conclusions of law (the “Final Order and Judgment”), at a final-approval hearing that the Indirect Purchaser Class shall seek to have set for no sooner than the latter of (i) 60 days after the opt out deadline, and (ii) 15 days after the Court resolves any disputes regarding the amount of the total Draw Down:
a. finding this Settlement Agreement and its terms to be a fair, reasonable, and adequate settlement as to Plaintiffs and the members of the Indirect Purchaser Class within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation pursuant to its terms;
b. providing for payment of reasonable attorneys’ fees and reimbursement of the costs and expenses from the Settlement Fund (as defined below);
c. providing for payment solely from the Settlement Fund of incentive awards to the named Plaintiffs in addition to whatever monies they will receive from the Settlement Fund pursuant to a Court-approved plan of allocation;
d. directing that the Indirect Purchaser Class Action be dismissed with prejudice as to Defendants and, except as provided for herein, without attorneys’ fees or costs recoverable under 15 U.S.C. §15(a) or similar state statutes;
e. reserving exclusive jurisdiction over the Settlement and this Settlement Agreement, including the provisions of paragraph 5, the administration and consummation of this Settlement, the award of attorneys’ fees and reimbursement of costs and expenses, and the payment of incentive awards to each of the named Plaintiffs, if allowed by the Court; and
f. directing that the judgment of dismissal of all Indirect Purchaser Class claims against Defendants shall be final and appealable pursuant to Fed. R. Civ. P. 54(b), there being no just reason for delay.
Motion for Final Approval and Entry of Final Judgment. After preliminary approval of this Agreement, Plaintiffs shall submit a motion for final approval of this Settlement by the deadline provided in the Preliminary Approval Order, after Class Notice, and shall seek entry of the final Judgment, in substantially the form attached hereto as Exhibit D.
Motion for Final Approval and Entry of Final Judgment. If the Court and the Settlement Class shall submit, and Settling Defendants shall assent to and assist as e Settlement Class pursuant to the Preliminary Approval Order. The Final Approval Motion, which Settling Defendants shall have the opportunity to review and approve before it is submitted to the Court, shall seek entry of an order
a. Finding this Settlement Agreement and its terms to be a fair, reasonable, and adequate settlement as to Settling Plaintiffs and the Settlement Class within the meaning of Fed. R. Civ. P. 23 and directing its consummation pursuant to its terms; and
b. Finding that Notice given constitutes due, adequate, and sufficient notice and meets the requirements of due process and the Federal Rules of Civil Procedure; and
c. Finding that all members of the Settlement Class who have not executed timely and valid or otherwise Court-approved requests for exclusion shall be bound by this Settlement Agreement, including the release provisions and covenant not to sue set forth in this Settlement Agreement; and
d. Incorporating the releases set forth in Paragraphs 12 and 13, below, and forever barring the Releasors (as defined in Paragraph 12) from asserting any Released Claims (as defined in Paragraph 12) against any of the Releasees as defined below; and
e. Retaining exclusive jurisdiction over the Settlement and this Settlement Agreement, including the administration and consummation of this Settlement; and
f. Directing that all claims by and on behalf of the Settling Plaintiffs and the Settlement Class be dismissed with prejudice as to Releasees only and, except as 15 U.S.C. § 15(a); and
g. Determining pursuant to Fed. R. Civ. P. 54(b) that there is no just reason for delay and directing that the Final Approval Order in the Action as to Releasees shall be final and immediately appealable.
Motion for Final Approval and Entry of Final Judgment. If the Court preliminarily approves the Settlement, Co-Lead Counsel shall, within twenty-one (21) calendar days of the close of the Opt-Out Period ordered by the Court, or within seven (7) calendar days of the Opt-Out Rescission Deadline, whichever is later, submit a motion for final approval. The final approval motion shall seek entry of a final approval order:
5.1. finding the Settlement to be fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. 23, and directing consummation of the Settlement pursuant to its terms;
5.2. finding that notice given constitutes due, adequate, and sufficient notice and meets the requirements of due process and the Federal Rules of Civil Procedure;
5.3. finding that all Proposed Settlement Class Members shall be bound by the Settlement Agreement and all of its terms;
5.4. finding that the Releasors, including the ASO Clients, shall be bound by the releases set forth in Paragraphs 13 and 14 of this Settlement Agreement, and shall be forever barred from asserting any claims or liabilities related to the Action or any Released Claims against any of the Releasees;
5.5. directing that the Action be dismissed with prejudice and without costs in accordance with Paragraph 15 below;
5.6. determining under Fed. R. Civ. P. 54(b) that there is no just reason for delay and directing that the judgment of dismissal with prejudice be final;
5.7. retaining exclusive jurisdiction over the Settlement, including the administration and consummation of the Settlement and the settlement administration process; and
5.8. directing that, for a period of five years, the Clerk for the Court shall maintain the record of the entities that have excluded themselves form the Proposed Settlement Class.
Motion for Final Approval and Entry of Final Judgment. Not less than thirty-five (35) calendar days prior to the date set by the Court to consider whether this Settlement should be finally approved, Plaintiffs shall submit a Motion for Final Approval of the Settlement by the Court, seeking an order, inter alia:
i. Fully and finally approving this Settlement Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Settlement Class within the meaning of Rule 23(e) of the Federal Rules of Civil Procedure and directing its consummation according to its terms and conditions;
ii. Finding that the notice given to the Settlement Class constitutes the best notice practicable under the circumstances and complies in all respects with the due, adequate, and sufficient notice requirements of Federal Rule of Civil Procedure 23, and meets the requirements of due process;
iii. Finding that the notification requirements of the Class Action Fairness Act, 28 U.S.C. § 1715, have been met;
iv. Directing that, as to Groupon, the Action be dismissed with prejudice and, except as provided for in this Settlement Agreement, without costs;
v. Discharging and releasing the Releasees from the Released Claims;
vi. Permanently barring and enjoining the institution and prosecution by any Settlement Class Member of any other action against the Releasees based on the Released Claims; and
vii. Finding under Federal Rule of Civil Procedure 54(b) that there is no just reason for delay and directing that the judgment of dismissal as to Groupon shall be final and entered forthwith. No later than two (2) business days after the Final Approval Date, Plaintiffs shall seek entry of Final Judgment as to Groupon.
Motion for Final Approval and Entry of Final Judgment. If the Court grants Preliminary Approval of this Agreement, Plaintiffs, through Class Counsel, shall—in accordance with the schedule set forth in the Court’s Preliminary Approval order—submit to the Court a separate motion for Final Approval of this Agreement by the Court. The motion for Final Approval shall seek entry of an order and Final Judgment:
a. finally approving the Settlement as being a fair, reasonable, and adequate settlement for the Classes within the meaning of Federal Rule of Civil Procedure 23, and directing the implementation of the Settlement pursuant to the terms and conditions set forth in this Agreement;
b. dismissing the Action, with prejudice;
c. discharging and releasing the Released Parties from all Released Claims; and
d. reserving continuing and exclusive jurisdiction over the Settlement for all purposes.
e. The Final Approval of this Agreement, and the items referred to in subparagraphs (a) through (d) above shall be proposed by Plaintiffs, through Class Counsel, subject to the agreement of Defendants, which agreement shall not be unreasonably withheld. The Parties shall take all reasonable actions as may be necessary to obtain Final Approval of this Agreement.
Motion for Final Approval and Entry of Final Judgment. If the Court grants Preliminary Approval and certifies the Settlement Class, then DPPs, through Interim Co-Lead Counsel – in accordance with the schedule set forth in the Court’s Preliminary Approval – shall submit to the Court a separate motion for Final Approval of this Settlement Agreement by the Court. A reasonable time in advance of submission to the Court, the papers in support of the motion for Final Approval shall be provided by Interim Co-Lead Counsel to Smithfield for its review. To the extent that Smithfield objects to any aspect of the motion, it shall communicate such objection to Interim Co-Lead Counsel, and the parties shall meet and confer to resolve any such objection. The motion for Final Approval shall seek entry of an order and Final Judgment:
a. Finally approving the Settlement Agreement as being a fair, reasonable, and adequate settlement for the Settlement Class within the meaning of Rule 23 of the Federal Rules of Civil Procedure, and directing the implementation, performance, and consummation of the Settlement Agreement;
b. Determining that the Class Notice constituted the best notice practicable under the circumstances of this Settlement Agreement and the Fairness Hearing, and constituted due and sufficient notice for all other purposes to all Persons entitled to receive notice;
c. Dismissing the Actions with prejudice as to Smithfield in all class action complaints asserted by DPPs or the Settlement Class;