MOTION FOR PRELIMINARY APPROVAL Sample Clauses

MOTION FOR PRELIMINARY APPROVAL. The Parties agree to jointly prepare and

MOTION FOR PRELIMINARY APPROVAL. Plaintiff will prepare and file a motion for preliminary approval (“Motion for Preliminary Approval”) that complies with the Court’s current checklist for Preliminary Approvals.

MOTION FOR PRELIMINARY APPROVAL a. By March 29, 2018, the parties will jointly file a motion (the “Motion for Preliminary Approval”) with the Court, noticed for hearing on May 3, 2018, or the first date thereafter available for the Court and the Parties, for an order granting Preliminary Approval of the Settlement, conditionally certifying the Class, setting a date for the Final Approval Hearing (for which the Parties will request September 6, 2018), and approving the Class Member Notice, the Class Member Settlement Information Sheet, and the form of Election Not to Participate in Settlement. The parties will file or lodge with the Motion for Preliminary Approval an order granting the motion in substantially the same form evidenced by Exhibit F to this Agreement. b. Pursuant to the PAGA, on the date the Parties file the Motion for Preliminary Approval with the Court, TPMG will submit the PAGA Notice enclosing this Agreement to the LWDA. The Parties intend and believe that providing notice of this Settlement to the LWDA pursuant to the procedures described in this section complies with the requirements of PAGA, and will request the Court to adjudicate the validity of the PAGA Notice in the Motion for Final Approval of the Settlement and bar any claim to void or avoid the Settlement under PAGA. c. Pursuant to the Class Action Fairness Act of 2005 (“CAFA”), within ten (10) days after the Parties file the Motion for Preliminary Approval, TPMG will mail the CAFA Notice to the Attorney General of the United States and the appropriate state official in each state in which a Class Member resides at the time of notice. The Parties intend and believe that the CAFA Notice pursuant to the procedures described in this section complies with the requirements of CAFA; and will request the Court to adjudicate the validity of the CAFA Notice in the motion for final approval of the Settlement and bar any claim to void or avoid the Settlement under CAFA. d. At the hearing on the Motion for Preliminary Approval, the Parties will jointly appear and support the granting of preliminary approval of the Settlement as provided by this Agreement. e. Should the Court decline to preliminarily approve all material aspects of the Settlement, or require for preliminary approval material changes to the Settlement to which the Parties do not agree, the Settlement will be null and void and the Parties will have no further obligations under it.

MOTION FOR PRELIMINARY APPROVAL. Class Counsel shall prepare and file a motion for preliminary approval (“Motion for Preliminary Approval”).

MOTION FOR PRELIMINARY APPROVAL. Promptly following the execution of this Settlement Agreement by all parties hereto, Plaintiff shall file with the Court a motion for preliminary approval of the Settlement. The motion for preliminary approval shall request the entry of a preliminary approval order substantially in the form of Exhibit A hereto (the “Preliminary Approval Order”), including: (i) the preliminary approval of the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate, and in the best interests of the Direct Purchaser Class; (ii) approval of the notice and proposed notice plan; (iii) a schedule for a hearing by the Court after the notice period has expired to approve the Settlement and to consider Plaintiffs’ counsel’s applications for attorneys’ fees, reimbursement of costs and expenses, and any incentive award for the Named Plaintiff; (iv) a stay of all proceedings in the Action until such time as the Court renders a final decision regarding the approval of the Settlement, as described below in paragraph 19; and (v) approval of an escrow agreement regarding the Settlement consideration described below in paragraph 10. After the Court preliminarily approves the Settlement, Plaintiff shall, in accordance with the Preliminary Approval Order, provide Direct Purchaser Class members with notice of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure substantially in the form attached hereto as Exhibit B. Plaintiffs’ counsel will recommend notice to the Direct Purchaser Class by means of direct first class mail.

MOTION FOR PRELIMINARY APPROVAL. Concurrent with submission of this Agreement for the Court’s consideration, Class Counsel shall submit to the Court a motion for preliminary approval of this Agreement. The motion shall seek entry of a Preliminary Approval Order substantially in the form attached hereto as Exhibit 1.

MOTION FOR PRELIMINARY APPROVAL. Within a reasonable time, Plaintiff will move for an order giving preliminary approval of the Settlement (“Motion for Preliminary Approval”) that complies with the Court’s current checklist for Preliminary Approvals.

MOTION FOR PRELIMINARY APPROVAL. As soon as practicable after execution of this Agreement, Class Counsel and City shall file a motion for preliminary approval of the Settlement, seeking entry of an order identical in all material respects to the form of the Preliminary Approval Order attached as Exhibit – hereto, and approval of Class Notice attached as Exhibit 6 hereto. The proposed Preliminary Approval Order shall: a. Preliminarily approve the Settlement, including the Plan of Allocation; b. Provide for notice to all Class Members through first class mail, postage prepaid (the “Class Notice”); c. Find that the Class Notice fairly and adequately: (i) describes generally the terms and binding effect of the Settlement and this Settlement Agreement and explains the Plan of Allocation; (ii) gives notice of the time and place of the Fairness Hearing; (iii) describes how an objection may be made to entry of the Final Approval Order and the deadline for the filing of such objection; (iv) describes how Class Counsel will apply to the Court for an award of attorneys' fees and for reimbursement of costs and expenses, and the deadline for the filing of such application and the right of members of the Class to object to such awards; and (v) describes how the Class Representatives will apply to the Court for Case Contribution Awards, identify the deadline for the filing of such application, and provide for the right of members of the Class to object to such awards; d. Find that service of the Class Notice via first class mail, postage prepaid, at the last known address is the best practicable methods of transmitting the Class Notice; and e. Provide that Class Members have a right to opt out of the Settlement.

MOTION FOR PRELIMINARY APPROVAL. Plaintiff will obtain a hearing to request 26 preliminary approval of this Agreement, to obtain entry of an order that would (i) conditionally certify a 27 class for settlement purposes only, (ii) grant preliminary approval of this Agreement, (iii) approve a 28 Notice of Settlement, (iv) enjoin Class Members from initiating or prosecuting any claim to be released 1 under the Settlement Agreement, unless they first submit a Request for Exclusion, and (v) set a date for 2 a Final Approval hearing.