Order of Preliminary Approval Clause Samples
The "Order of Preliminary Approval" clause establishes the court's initial authorization of a proposed settlement agreement in a legal case. This clause typically outlines the conditions under which the court grants preliminary approval, such as finding that the settlement appears fair and reasonable and setting a schedule for notifying class members and holding a final approval hearing. Its core practical function is to ensure that the settlement process proceeds in an orderly and transparent manner, allowing all parties and affected individuals to be informed and to raise objections before the settlement is finalized.
Order of Preliminary Approval. As soon as practicable after the execution of this Agreement, Plaintiffs will move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit D. Pursuant to the motion for preliminary approval, the Plaintiffs will request that:
a. the Court conditionally certify the Settlement Class for purposes of this Settlement only and appoint Class Counsel as counsel for the Class for settlement purposes only;
b. the Court preliminarily approve the Settlement and this Agreement as fair, adequate, and reasonable, and within the reasonable range of possible final approval;
c. the Court approve the forms of Notice and find that the notice program set forth herein constitutes the best notice practicable under the circumstances, and satisfies due process and Rule 23 of the Federal Rules of Civil Procedure;
d. the Court set the date and time for the Final Approval Hearing, which may be continued by the Court from time to time without the necessity of further notice; and,
e. the Court set the Claims Deadline, the Objection Deadline, and the Opt- Out Deadline.
Order of Preliminary Approval. As soon as practicable after the execution of this Agreement, Plaintiff shall move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit E. Pursuant to the motion for preliminary approval, the Plaintiff will request that the Court:
A. Conditionally certify the Class for settlement purposes only;
B. Conditionally appoint Class Counsel as counsel for the Class for settlement purposes only and conditionally appoint Plaintiff as the Class Representative;
C. Preliminarily approve the Settlement and this Agreement as fair, adequate and reasonable, and within the reasonable range of possible final approval;
D. Approve the form of Notice and find that the notice program set forth herein constitutes the best notice practicable under the circumstances and satisfies due process and Rule 23 of the Federal Rules of Civil Procedure;
E. Authorize dissemination and publication of the Notice to the Class consistent with the notice program;
F. Set the date and time for the Final Approval Hearing, which may be continued by the Court from time to time without the necessity of further notice; and,
G. Set appropriate deadlines, including the Objection Deadline (sixty (60) days after entry of the Preliminary Approval Order), the Opt-Out Deadline (sixty (60) days after entry of the Preliminary Approval Order), and deadlines for filing papers in connection with the Final Approval Hearing; and
H. Enjoining all Class Members from prosecuting separate actions against Defendant asserting any of the claims alleged in the Action.
Order of Preliminary Approval. Within 14 days after this Agreement is fully executed, counsel for Plaintiff will file an unopposed motion requesting that the Court enter an Order of Preliminary Approval of Class Action Settlement in substantially the same form attached as Exhibit A.
Order of Preliminary Approval. As soon as practicable after the execution of this Agreement, Plaintiff shall move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit 4. Pursuant to the Preliminary Approval Motion, Plaintiff will request that the Court:
a. preliminarily and conditionally certify the Settlement Class for settlement purposes only;
b. preliminarily appoint Class Counsel as counsel for the Settlement Class for settlement purposes only;
c. preliminarily approve Plaintiff as Class Representative for settlement purposes only;
d. preliminarily approve the Settlement and this Agreement as fair, adequate and reasonable, and within the reasonable range of possible final approval; approve the form of the Class Notice and find that the notice program set forth herein constitutes the best notice practicable under the circumstances, and satisfies due process and Rule 23 of the Federal Rules of Civil Procedure;
e. order that Class Notice to be disseminated as set forth in Article IX and order that Defendant shall bear all of the administrative costs associated with implementing and monitoring the Class Notice program;
f. set the date and time for the Final Approval Hearing, which may be continued by the Court from time to time without the necessity of further notice; and
g. set the Claims Deadline, the Objection Deadline and the Opt-Out Deadline.
Order of Preliminary Approval. As soon as practicable after the execution of this Agreement, Plaintiffs will move the Court for entry of the Preliminary Approval Order in substantially similar form as the proposed order attached as Exhibit A. In the motion for preliminary approval, Plaintiffs will request that the Court:
a. preliminarily approve the Settlement and this Agreement as fair, adequate, and reasonable and within the reasonable range of possible final approval;
b. approve the forms of Notice and find that the notice program constitutes the best notice practicable under the circumstances and satisfies due process and Rule 23 of the Federal Rules of Civil Procedure;
c. set the date and time for the Fairness Hearing, which may be continued by the Court from time to time without further notice; and,
d. set the Claims Deadline, Objection Deadline, and Exclusion Deadline.
Order of Preliminary Approval. As soon as practicable after the execution of this Agreement, Plaintiffs shall move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit A. Pursuant to the motion for preliminary approval, Plaintiffs will request that the Court:
a. find it will likely be able to approve the Settlement as fair, reasonable, and adequate;
b. preliminarily certify the Class and California Subclass for settlement purposes only;
c. approve the form, content, and manner of Class Notice and find that the notice program set forth in this Agreement constitutes the best notice practicable under the circumstances, and satisfies due process and Rule 23 of the Federal Rules of Civil Procedure;
d. direct that Class Notice be sent to the Class and California Subclass;
e. appoint Angeion as the Claims Administrator;
f. set the date and time for the Final Approval Hearing, which may be continued by the Court from time to time without the necessity of further notice to the Class and California Subclass except for an update to the Settlement Website; and
g. set the Claims Deadline, the Objection Deadline, and the Opt- Out Deadline.
Order of Preliminary Approval. Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the Parties shall jointly submit this Agreement to the Court at the Preliminary Approval Hearing requesting the Court’s Order of Preliminary Approval of the Agreement, conditional certification of a settlement class, appointment of Class Counsel, approval of the mailed notice, and entry of the Preliminary Approval Order staying any activities in the Lawsuit, except for activities related to the approval of this settlement.
Order of Preliminary Approval. As soon as practicable after the execution of this Settlement Agreement, the Parties will jointly prepare, and Plaintiff will file, a motion for entry of the Preliminary Approval Order, giving preliminary approval of the Settlement, appointing the Class Representative and Class Counsel, approving and authorizing dissemination of the Class Notice and Claim Form, and setting a date for the Final Approval Hearing (the “Motion for Preliminary Approval”). The Parties will jointly appear at the hearing on preliminary approval and support the Unopposed Motion.
Order of Preliminary Approval. As soon as practicable after the execution of this Agreement, and in any event on or before September 8, 2016, Plaintiffs shall move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit D. Defendants shall not oppose the motion for preliminary approval. Pursuant to the motion for preliminary approval, the Plaintiffs will request that:
a. the Court conditionally certify the Class for settlement purposes only and appoint Class Counsel as counsel for the Class for settlement purposes only;
b. the Court preliminarily approve the settlement and this Agreement as fair, adequate and reasonable, and within the reasonable range of possible final approval;
c. the Court approve the form(s) of Notice and find that the notice program set forth herein constitutes the best notice practicable under the circumstances, and satisfies due process and Rule 23 of the Federal Rules of Civil Procedure;
d. the Court set the date and time for the Final Approval Hearing, which may be continued by the Court from time to time without the necessity of further notice; and,
e. the Court set the Claims Deadline, the Objection Deadline and the Opt- Out Deadline.
Order of Preliminary Approval. As soon as practicable after the execution of this Agreement, the Parties shall move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit C. Pursuant to the Motion for Preliminary Approval, the Parties will request that:
(a) the Court preliminarily approve the Settlement and this Agreement as fair, adequate and reasonable, and within the reasonable range of possible final approval;
(b) the Court approve the form of Notice and find that the notice program set forth herein constitutes the best notice practicable under the circumstances, and satisfies due process and Rule 23 of the Federal Rules of Civil Procedure; and,
(c) the Court set the date and time for the Final Fairness Hearing, which may be continued by the Court from time to time without the necessity of further notice.