MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT Clause Samples

MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. The Court, having considered all matters submitted to it at the preliminary approval hearing and otherwise, and finding no just reason for delay in entry of this Preliminary Approval Order,1 and good cause appearing therefore, and having considered the papers filed and proceedings held in connection with the Settlement, having considered all the other files, records, and proceedings in the Action, and being otherwise fully advised,

MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. “Motion for Preliminary Approval of Class Action Settlement” means a motion filed with the Court seeking entry of the Preliminary Approval Order.

MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. In determining whether to approve a proposed settlement, the District Court must find that the settlement is fair, adequate and reasonable. ▇▇▇▇▇▇ v. American Home Shield Corp., 668 F.3d 1233, 1240 (11th Cir. 2011). A district court looks to six factors in determining whether a class action settlement is fair, reasonable, and adequate: “ (1) the likelihood of success at trial; (2) the range of possible recovery; (3) the range of possible recovery at which a settlement is fair, adequate, and reasonable; (4) the anticipated complexity, expense, and duration of litigation; (5) the opposition to the settlement; and (6) the stage of proceedings at which the settlement was achieved.” Id.; see also ▇▇▇▇▇▇▇ v. HM Operating, Inc., 2016 WL 4398412, at *3 (N.D. Ala. Aug. 18, 2016). Furthermore, a court must consider the factors in Rule 23(e) which provides, among other things, that the crux of a court’s preliminary approval evaluation is whether “giving notice [to the class] is justified by the parties’ showing that the court will likely be able to: (i) approve the proposal under Rule 23(e)(2); and (ii) certify the class for purposes of judgment on the proposal,” Fed. R. Civ. P. 23(e)(1)(B), and “focus[es]” a court’s inquiry on “the primary procedural considerations and substantive qualities that should always matter to the decision whether to approve the proposal,” Fed. R. Civ. P. 23(e)(2) advisory committee’s note to 2018 amendment—that is, whether: (A) the class representatives and class counsel have adequately represented the class; (B) the proposal was negotiated at arm’s length; (C) the relief provided for the class is adequate, taking into account: (i) the costs, risks, and delay of trial and appeal; (ii) the effectiveness of any proposed method of distributing relief to the class, including the method of processing class-member claims; (iii) the terms of any proposed award of attorneys’ fees, including timing of payment; and (iv) any agreement required to be identified under Rule 23(e)(3); and (D) the proposal treats class members equitably relative to each other. Upon considering the Motion and exhibits thereto, the Settlement, the record in these proceedings, the representations and recommendations of Class Counsel, and the requirements of law, the Court finds that: (1) this Court has jurisdiction over the subject matter and parties to these proceedings; (2) the proposed Settlement Class (which is identical to the certified litigation class) meets the requi...

MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. The Court having considered Plaintiffs’ Unopposed Motion for Preliminary Approval (the “Motion”) and accompanying materials, and being otherwise fully advised,

MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. THIS CAUSE is before the Court on Plaintiffs’ Uncontested Motion for Preliminary Approval of Class Action Settlement. Having reviewed the Motion, the Settlement Agreement, the Declarations of ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, and the record in this case, and for good cause shown: IT IS HEREBY ORDERED AND ▇▇▇▇▇▇▇▇ THAT:

MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. This matter came before the Court on Plaintiff ▇▇▇▇▇▇▇ ▇▇▇▇▇▇’▇ (“Plaintiff” or “Class Representative”) Motion for Preliminary Approval of Class Settlement Agreement (“Motion”). Plaintiff, individually, and on behalf of the proposed Settlement Class, and Defendant The North Highland Company, as further defined herein (“North Highland” or “Defendant” and together with Plaintiff, the “Parties”) have entered into a Settlement Agreement (the “Settlement Agreement”) that settles the above-captioned litigation. This matter concerns a putative class action, ▇▇▇▇▇▇ v. The North Highland Company, 1:22- cv-3640 (the “Litigation”), which arises out of out of a Data Security Incident affecting North Highland, during which Plaintiff alleges his and Settlement Class Member’s sensitive, personal information was improperly exposed. Defendant denies all wrongdoing or that any personal information is actually in the possession of any third-party bad actor. The Parties, through their counsel, have entered into a Settlement Agreement following good-faith, arm’s-length negotiations. The Parties have agreed to settle the Lawsuit, pursuant to the terms of the Settlement Agreement, and subject to the approval and determination of the Court as to the fairness, reasonableness, and adequacy of the Settlement which, if approved, will result in dismissal of the Lawsuit with prejudice. Having reviewed the Settlement Agreement, including the exhibits attached thereto, and all prior proceedings herein, and for good cause shown, it is hereby ordered that Plaintiff’s Motion for Preliminary Approval of Class Action Settlement is GRANTED as set forth herein.1