Common use of MOTION FOR PRELIMINARY APPROVAL Clause in Contracts

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. As soon as practicable after execution of this Agreement, Class Counsel and City Named Plaintiffs shall file a motion the 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 proposed Order Granting Preliminary Approval of the time Settlement with the supporting papers, a draft of which will be timely provided to Defendant’s Counsel for approval prior to filing with the court. The Parties shall jointly agree upon the timing for that filing, the Motion to be filed with the Court, the Claims Administrator, and place the timing for any preliminary or final approval hearings requested in the Motion. The Parties agree that the Court may enter the Order Granting Preliminary Approval, without material variation from Exhibit B, preliminarily approving the Settlement and this Agreement. Among other things, the Order Granting Preliminary Approval shall grant leave to preliminarily certify the Settlement Class for settlement purposes only; approve the Named Plaintiffs as class representatives; appoint Class Counsel to represent the Settlement Class; appoint the Claims Administrator; approve the Notice of Class Settlement, without material variation from Exhibit A; approve the requirements for objecting to the Settlement and excluding individuals from the Settlement Class, as provided in this Agreement; provide that certification and all actions associated with certification are undertaken on the condition that the certification and other actions shall be automatically vacated in this Agreement is terminated, as provided in this Agreement; provide that the filing of the Fairness Hearing; (iii) describes how Amended Complaint for Settlement, and response needed by Defendant, can occur on the condition that the filing, response and any other related actions shall be automatically vacated in this Agreement is terminated, as provided in this Agreement; preliminarily enjoin all Settlement Class Members and their Legally Authorized Representatives, unless and until they submit a timely request for exclusion pursuant to this Agreement, from filing or otherwise participating in any other suit based on the Settlement Class Members’ Released claims, or from attempting to effect an objection may be made to entry opt-out of a group, class, or subclass of individuals, and schedule 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 SettlementHearing.

MOTION FOR PRELIMINARY APPROVAL. As soon as practicable after No later than fourteen (14) calendar days following the date of execution of this Settlement Agreement, Class Counsel and City shall file a motion Lead Plaintiffs will move for preliminary approval of the proposed Settlement, seeking entry authorization to provide notice of an order identical in all material respects the proposed Settlement to the form Settlement Class, and the scheduling of a hearing for consideration of Final Approval of the Preliminary Approval Order attached as Exhibit – heretoproposed Settlement, and approval of Class Notice attached as Exhibit 6 heretowhich motion shall be unopposed by E*TRADE. The proposed requested Preliminary Approval Order shall: a. (a) Preliminarily approve the Settlementproposed Settlement and this Agreement; (b) Certify a class of Settlement Class Members (as defined in Paragraph 5 below) for purposes of settlement only; (c) Approve the plan for providing Class Notice to Settlement Class Members under this Agreement, including the Plan form 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; (iid) gives notice Approve the procedures for distribution of the time and place of the Fairness Hearingpayments to Settlement Class Members under this Agreement; (iiie) describes how an objection may be made to entry of Approve the Final Approval Order and the deadline procedures for the filing of such objection; (iv) describes how Settlement 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 Members 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 Settlement or opt out of the Settlement, including by setting appropriate deadlines; (f) Approve designation of Class Counsel as counsel for the Class for purposes of settlement, and Lead Plaintiffs ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ as representatives of the Class for purposes of settlement; and (g) Schedule the filing deadline for the motion for Final Approval of the settlement, and schedule the Final Approval Hearing for Final Approval of this Settlement and entry of Final Judgment. A reasonable time in advance of submission to the Court, the papers in support of the motion for Preliminary Approval shall be provided by Lead Counsel to E*TRADE and its counsel for review. To the extent that E*TRADE objects to any aspect of the motion, it shall promptly communicate such objection to Lead Counsel, and the parties shall meet and confer in good faith and make reasonable efforts to resolve any such objection.

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;Allocation; b. Provide for notice to all Class Members through first class mail, postage prepaid (the “Class Notice”);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;Allocation; (ii) gives notice of the time and place of the Fairness Hearing;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;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; 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;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; Notice; and e. Provide that Class Members have a right to opt out of the Settlement.