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.
Appears in 2 contracts
Sources: Settlement Agreement (Jazz Pharmaceuticals PLC), Settlement Agreement
Motion for Final Approval and Entry of Final Judgment. If In the event the Court enters an order preliminarily approves approving 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 Plaintiffs shall draft a motion for final approval. The final approval motion shall seek entry of a final approval order:final
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. a) finding that notice given constitutes due, adequate, and sufficient notice and meets the requirements of due process and the Federal Rules of Civil Procedure;
5.3b) 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;
c) finding that all Proposed Settlement Class Members shall be bound by the Settlement Agreement and all of its terms;
5.4. d) finding that the Releasors, including the ASO Clients, Releasors shall be bound by the respective 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 against Yale University covered by the Action or any respective Released Claims against any of the Releasees;
5.5. e) approving expressly the provisions in Paragraph 7(e) of the Settlement Agreement allowing payment of Settlement Class Counsel fees and expenses before the Effective Date pursuant to the terms of that paragraph;
f) directing that the Action be dismissed with prejudice as to Yale University and without costs in accordance with Paragraph 15 belowcosts;
5.6. g) 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 as to Yale University be final;
5.7. h) retaining exclusive jurisdiction over the Settlement, including the administration and consummation of the Settlement and the settlement administration processSettlement; and
5.8. i) directing that, for a period of five years, the Clerk for of the Court shall maintain the record of the entities that have excluded themselves form from the Proposed Settlement ClassClass and that a certified copy of such records shall be provided to Yale University.
Appears in 1 contract
Sources: Settlement Agreement