Common use of Motion for Final Approval of Settlement Clause in Contracts

Motion for Final Approval of Settlement. Pursuant to the schedule set by the Court in its Preliminary Approval Order and at least ten (10) days prior to the Final Approval Hearing, Lead Class Counsel shall file a motion and supporting papers requesting that the Court grant final approval of this Settlement Agreement, to include all enumerated subparagraphs below, and for entry of a Final Approval Order and Final Judgment to be agreed upon the Parties and filed with the Motion for Final Approval. a. Determining that the Court has personal jurisdiction over all Plaintiffs and Settlement Class Members, that the Court has subject matter jurisdiction over the claims asserted in this Litigation, and that venue is proper; b. Finally approving the Settlement Agreement and settlement as fair, reasonable, and adequate pursuant to Federal Rule of Civil Procedure 23; c. Finally approving and certifying the Settlement Class for settlement purposes only; d. Finding that the Notice Plan, Settlement Notice, and dissemination methodology complied with all laws, including, but not limited to, the Due Process Clause of the United State Constitution, and was fair, adequate, and sufficient, was the best practicable notice under the circumstances, and was reasonably calculated to apprise members of the Settlement Class of the Litigation, the Settlement Agreement, their objection rights, and their exclusion rights; e. Dismissing the Litigation with prejudice and without costs (except as provided for in this Settlement Agreement as to costs); f. Expressly including the Release set forth in the Settlement Agreement and making the Release effective as of the Effective Date; g. Listing all opt-outs; h. Certifying that the notification requirements of the Class Action Fairness Act, 28 U.S.C. § 1715, have been met; i. Authorizing the Parties to implement the terms of the Settlement Agreement; j. Permanently enjoining Plaintiffs and all other Settlement Class Members, and those subject to their control, from commencing, maintaining, or participating in, or permitting another to commence, maintain, or participate in on their behalf, any Released Claims against the Released Parties; k. Retaining jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, the Final Approval Order, and the Final Judgment, and for any other necessary purpose, subject to the provisions above regarding the Independent Engineering Consultant and the Special Master; and l. Issuing related Orders to effectuate the final approval of the Settlement Agreement and its implementation.

Motion for Final Approval of Settlement. Pursuant to the schedule set by the Court in its Preliminary Approval Order and at least ten fourteen (1014) days prior to the Final Approval Hearing, Lead Class Counsel shall file a motion and supporting papers requesting that the Court grant final approval of this Settlement Agreement, to include all enumerated subparagraphs below, Agreement and for entry of a Final Approval Order and Final Judgment to be agreed upon substantially in the Parties form attached as Exhibits 7 and filed with the Motion for 8. The Final Approval.Approval Order shall: a. Determining determine that the Court has personal jurisdiction over all Plaintiffs and Settlement Class Members, that the Court has subject matter jurisdiction over the claims asserted in this LitigationLawsuit, and that venue is proper; b. Finally approving finally approve the Settlement Agreement and settlement as fair, reasonable, and adequate pursuant to Federal Rule of Civil Procedure 23; c. Finally approving finally approve and certifying certify the Settlement Class for settlement purposes only; d. Finding find that the Notice Plan, Settlement Notice, and dissemination methodology complied with all laws, including, but not limited to, the Due Process Clause of the United State States Constitution, and was fair, adequate, and sufficient, was as the best practicable notice under the circumstances, and was as reasonably calculated to apprise members of the Settlement Class of the LitigationLawsuit, the Settlement Agreement, their objection rights, and their exclusion rights; e. Dismissing dismiss the Litigation Lawsuit with prejudice and without costs (except as provided for in this Settlement Agreement as to costs); f. Expressly including expressly include the Release set forth in the Settlement Agreement and making the Release effective as of the Effective Date; g. Listing list all opt-outs; h. Certifying find that the notification requirements of the Class Action Fairness Act, 28 U.S.C. § 1715, have been met; i. Authorizing authorize the Parties to implement the terms of the Settlement Agreement; j. Permanently enjoining permanently enjoin Plaintiffs and all other Settlement Class Members, Members and those subject to their control, from commencing, maintaining, or participating in, or permitting another to commence, maintain, or participate in on their behalf, any Released Claims against the Released Parties; k. Retaining retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, the Final Approval Order, and the Final Judgment, and for any other necessary purpose, subject to the provisions above regarding the Independent Engineering Consultant and the Special Master; and l. Issuing issue related Orders to effectuate the final approval of the Settlement Agreement and its implementation.

Motion for Final Approval of Settlement. Pursuant to the schedule to be set by the Court in its Preliminary Approval Order and at least ten fourteen (1014) days prior to before the Final Approval Hearing, Lead Class Counsel shall file a motion and supporting papers requesting that the Court grant final approval of this Settlement Agreement, to include all enumerated subparagraphs below, Agreement and for entry of a the Final Approval Order and Judgment. The Final Approval Order and Judgment to be agreed upon the Parties and filed with the Motion for Final Approval.shall include provisions: a. Determining that the Court has personal jurisdiction over all Plaintiffs Plaintiff and Settlement Class Members, that the Court has subject matter jurisdiction over the claims asserted in this LitigationLitigation and to approve the Settlement, and that venue is proper; b. Finally approving the Settlement Agreement and settlement as fair, reasonable, and adequate pursuant to Federal Rule of Civil Procedure 23; c. Finally approving and certifying Certifying the Settlement Class for settlement purposes only; c. Finally approving the Settlement Agreement and Settlement as fair, reasonable, adequate and consistent and in compliance with all applicable requirements of Federal Rule of Civil Procedure 23 and due process; d. Finding that the Notice Plan, Settlement Notice, and dissemination methodology complied with all applicable laws, including, but not limited to, including the Due Process Clause of the United State ConstitutionClause, and and: (i) was fair, adequate, adequate and sufficient, was ; (ii) constituted the best practicable notice under the circumstances, ; and (iii) was reasonably calculated to apprise members of the Settlement Class Members of the Litigation, the Settlement Agreement, their objection rights, their right to appear at the Final Approval Hearing, and their exclusion opt-out rights; e. Dismissing the Litigation on the merits and with prejudice and without fees or costs (except as provided for herein, which may be awarded in this Settlement Agreement as to costs)a related Order of the Court; f. Expressly including Incorporating the Release set forth in the Settlement Agreement and provisions of this Agreement, making the Release effective as of the Effective Date, and forever discharging the Released Parties from any claims or liabilities for any Released Claims; g. Listing all opt-outsFinding that Class Counsel and the Plaintiff have adequately represented the Class for purposes of entering into and implementing the Settlement; h. Certifying Adjudging that the Releasing Parties have conclusively and forever settled and released the Released Claims against Defendants and all Released Parties; i. Finding that the notification requirements of the Class Action Fairness Act, 28 U.S.C. § 1715, have been met; i. j. Authorizing the Parties to implement the terms of the Settlement Agreement; j. k. Permanently barring and enjoining Plaintiffs Plaintiff and all other Settlement Class Members, Members and those subject to their control, from commencing, maintaining, or participating in, or permitting another to commence, maintain, or participate in on their behalf, any Released Claims against the Released PartiesParties as set forth above; k. l. Retaining personal jurisdiction over the Settlement Class Members and jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, Agreement and the Final Approval Order, Order and the Final Judgment, and for any other necessary purposepurpose without affecting the finality of the Final Approval Order and Judgment; m. Providing that neither this Agreement nor any proposals, subject negotiations, communications, documents, or discussions relating to the provisions above regarding Settlement shall be considered, used, or construed as an admission of any wrongdoing or liability by Defendants or any Released Party, and neither the Independent Engineering Consultant and terms of this Agreement nor any proposals, negotiations, communications, documents, or discussions preceding or related to the Special Master; andSettlement of this Agreement may be introduced or used in any proceedings as proof of any fact or point of law, except in a proceeding to enforce the terms of this Agreement; l. Issuing n. Reserving jurisdiction to issue related Orders to effectuate the final approval of the Settlement Agreement and its implementation; and o. Incorporating any other provisions not inconsistent with the Agreement that the Court deems necessary and just.

Motion for Final Approval of Settlement. Pursuant to the schedule set by the Court in its Preliminary Approval Order and at least ten (10) days prior to the Final Approval Hearing, Lead Class Counsel shall file a motion and supporting papers requesting that the Court grant final approval of this Settlement Agreement, to include all enumerated subparagraphs below, and for entry of a Final Approval Order and Final Judgment to be agreed upon the Parties and filed with the Motion for Final Approval. a. Determining that the Court has personal jurisdiction over all Plaintiffs and Settlement Class Members, that the Court has subject matter jurisdiction over the claims asserted in this Litigation, and that venue is proper; b. Finally approving the Settlement Agreement and settlement as fair, reasonable, and adequate pursuant to Federal Rule of Civil Procedure 23; c. Finally approving and certifying the Settlement Class for settlement purposes only; d. Finding that the Notice PlanPlan (including curative notice), Settlement Notice, and dissemination methodology complied with all laws, including, but not limited to, the Due Process Clause of the United State Constitution, and was fair, adequate, and sufficient, was the best practicable notice under the circumstances, and was reasonably calculated to apprise members of the Settlement Class of the Litigation, the Settlement Agreement, their objection rights, and their exclusion rights; e. Dismissing the Litigation with prejudice and without costs (except as provided for in this Settlement Agreement as to costs); f. Expressly including the Release set forth in the Settlement Agreement and making the Release effective as of the Effective Date; g. Listing all valid opt-outs; h. Certifying that the notification requirements of the Class Action Fairness Act, 28 U.S.C. § 1715, have been met; i. Authorizing the Parties to implement the terms of the Settlement Agreement; j. Permanently enjoining Plaintiffs and all other Settlement Class Members, and those subject to their control, from commencing, maintaining, or participating in, or permitting another to commence, maintain, or participate in on their behalf, any Released Claims against the Released Parties; k. Retaining jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, the Final Approval Order, and the Final Judgment, and for any other necessary purpose, subject to the provisions above regarding the Independent Engineering Consultant and the Special Master; and l. Issuing related Orders to effectuate the final approval of the Settlement Agreement and its implementation.

Motion for Final Approval of Settlement. Pursuant to the schedule set by the Court in its Preliminary Approval Order and at least ten (10) days prior to the Final Approval Hearing, Co-Lead Class Counsel shall file a motion and supporting papers requesting that the Court grant final approval of this Settlement Agreement, to include all enumerated subparagraphs below, Agreement and for entry of a Final Approval Order and Final Judgment to be agreed upon by the Parties and filed with the Motion for Final Approval. a. Determining that the Court has personal jurisdiction over all Plaintiffs and Settlement Class Members, that the Court has subject matter jurisdiction over the claims asserted in this Litigation, and that venue is proper; b. Finally approving the Settlement Agreement and settlement as fair, reasonable, and adequate pursuant to Federal Rule of Civil Procedure 23; c. Finally approving and certifying the Settlement Class for settlement purposes only; d. Finding that the Notice Plan, Settlement Notice, and dissemination methodology complied with all laws, including, but not limited to, the Due Process Clause of the United State States Constitution, and was fair, adequate, and sufficient, was as the best practicable notice under the circumstances, and was as reasonably calculated to apprise members of the Settlement Class of the Litigation, the Settlement Agreement, their objection rights, and their exclusion rights; e. Dismissing the Litigation with prejudice and without costs (except as provided for in this Settlement Agreement as to costs); f. Expressly including the Release set forth in the Settlement Agreement and making the Release effective as of the Effective Date; g. Listing all opt-outs; h. Certifying that the notification requirements of the Class Action Fairness Act, 28 U.S.C. § 1715, have been met; i. Authorizing the Parties to implement the terms of the Settlement Agreement; j. Permanently enjoining Plaintiffs and all other Settlement Class Members, Members and those subject to their control, from commencing, maintaining, or participating in, or permitting another to commence, maintain, or participate in on their behalf, any Released Claims against the Released Parties; k. Retaining jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, the Final Approval Order, and the Final Judgment, and for any other necessary purpose, subject to the provisions above regarding the Independent Engineering Consultant and the Special Master; and l. Issuing related Orders to effectuate the final approval of the Settlement Agreement and its implementation.

Motion for Final Approval of Settlement. Pursuant to the schedule set by the Court in its Preliminary Approval Order and at least ten fourteen (1014) days prior to the Final Approval Hearing, Co-Lead Class Counsel shall file a motion and supporting papers requesting that the Court grant final approval of this Settlement Agreement, to include all enumerated subparagraphs below, Agreement and for entry of a Final Approval Order and Final Judgment to be agreed upon by the Parties and filed with the Motion for Final Approval. a. Determining that the Court has personal jurisdiction over all Plaintiffs and Settlement Class Members, that the Court has subject matter jurisdiction over the claims asserted in this Litigation, and that venue is proper; b. Finally approving the Settlement Agreement and settlement as fair, reasonable, and adequate pursuant to Federal Rule of Civil Procedure 23; c. Finally approving and certifying the Settlement Class for settlement purposes only; d. Finding that the Notice Plan, Settlement Notice, and dissemination methodology complied with all laws, including, but not limited to, the Due Process Clause of the United State States Constitution, and was fair, adequate, and sufficient, was as the best practicable notice under the circumstances, and was as reasonably calculated to apprise members of the Settlement Class of the Litigation, the Settlement Agreement, their objection rights, and their exclusion rights; e. Dismissing the Litigation with prejudice and without costs (except as provided for in this Settlement Agreement as to costs); f. Expressly including the Release set forth in the Settlement Agreement and making the Release effective as of the Effective Date; g. Listing all opt-outs; h. Certifying that the notification requirements of the Class Action Fairness Act, 28 U.S.C. § 1715, have been met; i. Authorizing the Parties to implement the terms of the Settlement Agreement; j. Permanently enjoining Plaintiffs and all other Settlement Class Members, Members and those subject to their control, from commencing, maintaining, or participating in, or permitting another to commence, maintain, or participate in on their behalf, any Released Claims against the Released Parties; k. Retaining jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, the Final Approval Order, and the Final Judgment, and for any other necessary purpose, subject to the provisions above regarding the Independent Engineering Consultant and the Special Master; and l. Issuing related Orders to effectuate the final approval of the Settlement Agreement and its implementation.

Motion for Final Approval of Settlement. Pursuant to the schedule set by the Court in its Preliminary Approval Order and at least ten fourteen (1014) days prior to before the Final Approval Hearing, Co-Lead Class Counsel shall file a motion and supporting papers requesting that the Court grant final approval of this Settlement Agreement, to include all enumerated subparagraphs below, Agreement and for entry of a Final Approval Order and Final Judgment Judgment, substantially similar to be agreed upon the Parties and filed with the Motion for Final Approval.Exhibit 7 hereto: a. Determining that the Court has personal jurisdiction over all Plaintiffs and Settlement Class Members, that the Court has subject matter jurisdiction over the claims asserted in this Litigation, and that venue is proper; b. Certifying the Settlement Class for settlement purposes only; c. Finally approving the Settlement Agreement and settlement as fair, reasonable, reasonable and adequate pursuant to Federal Rule of Civil Procedure 23; c. Finally approving and certifying the Settlement Class for settlement purposes only; d. Finding that the Notice Plan, Settlement Notice, Notice and dissemination methodology complied with all applicable laws, including, but not limited to, including the Due Process Clause of the United State ConstitutionClause, and was fair, adequate, adequate and sufficient, was as the best practicable notice under the circumstances, and was reasonably calculated to apprise members of the Settlement Class Members of the Litigation, the Settlement Agreement, their objection rights, and their exclusion opt-out rights; e. Dismissing the Litigation with prejudice and without costs (except as provided for in this Settlement Agreement as to costs)prejudice; f. Expressly including the Release set forth in the Settlement Agreement and making the Release effective as of the Effective Date; g. Listing all opt-outs; h. Certifying Finding that the notification requirements of the Class Action Fairness Act, 28 U.S.C. § 1715, have been met; i. Authorizing the Parties to implement the terms of the Settlement Agreement;Settlement j. Permanently enjoining Plaintiffs and all other Settlement Class Members, Members and those subject to their control, from commencing, maintaining, or participating in, or permitting another to commence, maintain, or participate in on their behalf, any Released Claims against the Released Parties; k. Retaining jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, Agreement and the Final Approval Order, Order and the Final Judgment, and for any other necessary purpose, subject to the provisions above regarding the Independent Engineering Consultant and the Special Master; and l. Issuing Reserving jurisdiction to issue related Orders to effectuate the final approval of the Settlement Agreement and its implementation.