ORDER AND FINAL JUDGMENT Clause Samples
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ORDER AND FINAL JUDGMENT. This matter came before the Court for a hearing on , 2009, pursuant to Fed. R. Civ. P. 23(e) and the Order of this Court dated , 2009 (the “Preliminary Approval Order”), on the application of the parties for approval of the Settlement set forth in the Settlement Agreement, executed on January , 2009, on behalf of the Parties. Notice having been given to the Settlement Class as required in the Preliminary Approval Order, and the Court having considered the Settlement Agreement, all papers filed and proceedings held herein, and good cause appearing therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
ORDER AND FINAL JUDGMENT. This matter came before the Court for hearing on _ , to consider approval of the proposed settlement ("Settlement") set forth in the Stipulation of Settlement dated January 29, 2015, and the exhibits thereto (the "Stipulation"). The Court has reviewed and considered all documents, evidence, objections (if any), and arguments presented in support of or against the Settlement. Good cause appearing therefore, the Court enters this Judgment.
ORDER AND FINAL JUDGMENT. The Stipulation and Agreement of Compromise, Settlement and Release, dated March ___, 2007 (the “Stipulation”), of the above-captioned consolidated action (the “Action”), having been presented at the Settlement Hearing on April __, 2007, pursuant to the Scheduling Order for Approval of Settlement of Class and Derivative Action entered herein on March __, 2007 (the “Scheduling Order”), which Stipulation was joined and consented to by all parties to the Action and which (along with the defined terms therein) is incorporated herein by reference; and the Court having determined that notice of said hearing was given in accordance with the Scheduling Order to the members of the Class as certified by the Court in the Scheduling Order and that said notice was adequate and sufficient; and the parties having appeared by their attorneys of record; and the attorneys for the respective parties having been heard in support of the settlement of the Action, and an opportunity to be heard having been given to all other persons desiring to be heard as provided in the Notice (as defined below); and the entire matter of the Settlement having been considered by the Court; IT IS HEREBY ORDERED, ADJUDGED AND DECREED, this ________ day of ________, 2007, as follows:
ORDER AND FINAL JUDGMENT. If, at or after the Settlement Hearing, the Settlement (including any modification thereto made with the consent of the parties as provided for herein) shall be approved by the Court, Plaintiffs shall promptly request the Court to enter an Order and Final Judgment (the “Final Order”) substantially in the form attached hereto as Exhibit F that contains language:
(a) Finding that the numerosity, commonality, typicality, adequacy and superiority requirements necessary for certification of the Settlement Classes on a full and fair basis have been satisfied, approving both the final certification of the Settlement Classes and the Settlement, judging its terms to be fair, reasonable and adequate and in the best interests of the Settlement Classes, directing consummation of the Settlement in accordance with its terms and provisions and ordering implementation of its terms and procedures;
(b) Dismissing the Action and the Released Claims as to the NSTAR Entities on the merits, with prejudice and without costs except as herein provided, against Plaintiffs and all members of the Settlement Classes, and releasing and discharging the Released Claims;
(c) Reserving continuing and exclusive jurisdiction to implement, enforce, administer, effectuate, and interpret the Settlement and this Stipulation; and
(d) Awarding attorneys’ fees and expenses to Class Counsel, or reserving jurisdiction with respect thereto.
ORDER AND FINAL JUDGMENT. Before the Final Approval Hearing, Plaintiffs shall file a motion requesting that the Court finally approve the settlement and enter judgment substantially in the form attached as Exhibit C. Defendants consent to such request.
ORDER AND FINAL JUDGMENT. If the Court grants Preliminary Approval of the Settlement Agreement, Plaintiffs shall request that the Court enter an Order and Final Judgment (“Final Approval”). The Parties agree that the Order and Final Judgment shall:
a. approve the Settlement Agreement, adjudge the terms thereof to be fair, reasonable, adequate, and in the best interests of the Class, direct consummation of the Settlement Agreement in accordance with its terms and conditions;
b. determine that the requirements of Rule 23 and due process have been satisfied in connection with both the certification of the Class and the provision of Notice;
c. approve the dismissal with prejudice of all claims pleaded against the Settling Defendants in the Operative Complaint;
d. approve the release of the Settling Defendants on substantially the terms set forth in section [15] hereof;
e. include a settlement bar order on substantially the terms set forth in section
f. award Class Counsel their reasonable attorneys’ fees and costs; and
g. reserve jurisdiction to supervise the administration of the Settlement Agreement.
ORDER AND FINAL JUDGMENT. If the Court grants preliminary approval of the Settlement Agreement, Plaintiffs shall request that the Court enter an Order and Final Judgment (“Final Approval Order”) following the Final Approval Hearing, in forms substantially similar to Preliminary Approval Motion Exhibits E and F. The Settling Parties agree that the Final Approval Order and Final Judgment shall:
a. approve the Settlement Agreement, adjudge the terms thereof to be fair, reasonable, adequate, and in the best interests of the Settlement Class, and direct consummation of the Settlement Agreement in accordance with its terms and conditions; b. determine that the requirements of Fed. Civ. P. 23, the PSLRA, and due process have been satisfied in connection with the certification of the Settlement Class, the provision of the Class Notice, and the terms of the Settlement;
ORDER AND FINAL JUDGMENT. A hearing having been held before this Court on , 2020, pursuant to the Court's Order of , 2020 (the “Scheduling Order”), upon a proposed settlement (“Settlement”) of the action captioned ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇. The Villages of Five Points Homeowners Association, Inc., C.A. No. 2019-0986-PWG (the “Lawsuit”), ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇. (the “Plaintiff”) has entered into a proposed settlement with The Villages of Five Points Property Owners Association, Inc. (the “Settlement”) in accordance with the agreement of the Parties (the “Stipulation of Settlement”), the Stipulation of Settlement being incorporated herein by reference; it appearing that due notice of the hearing has been given in accordance with the Scheduling Order; the respective Parties having appeared; the Court having heard and considered evidence in support of the proposed Settlement; an opportunity to be heard having been given to all other persons requesting to be heard in accordance with the Scheduling Order; the Court having determined that notice to any and all record owners of property in The Villages of Five Points who held such property or membership at The Villages of Five Points Property Association, Inc. on the date that the Stipulation of Settlement was filed with this Court was adequate and sufficient; and the entire matter of the proposed Settlement having been heard and considered by the Court; day of , 2020, that:
ORDER AND FINAL JUDGMENT. If the Settlement (including any modification thereto made with the consent of the Settling Parties) shall be approved by the Court following the Settlement Hearing as fair, reasonable, adequate, and in the best interests of the Settlement Class, then the Settling Parties shall request that the Court enter an Order and Final Judgment.
ORDER AND FINAL JUDGMENT. On this ____ day of _____________, 2013, a hearing having been held before this Court to determine whether the terms and conditions of the Stipulation and Agreement of Compromise and Settlement, dated May 8, 2013 (the “Stipulation” or the “Settlement Agreement”), which is incorporated herein by reference, and the terms and conditions of the settlement proposed in the Stipulation (the “Settlement”) are fair, reasonable and adequate for the settlement of all claims asserted; and whether the Settlement should be approved by this Court and the Order and Final Judgment should be entered in the above-captioned consolidated class action (the “Consolidated Action”); and the Court having considered all matters submitted to it at the hearing and otherwise; NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: