Common use of Order of Preliminary Approval Clause in Contracts

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. As soon as practicable after the execution of this AgreementOn , Plaintiff Plaintiffs shall move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit E. D. 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 Plaintiffs as the Class RepresentativeRepresentatives; C. Preliminarily approve the Settlement 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. Approve the claim form; G. 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. H. Set appropriate deadlines, including including: (i) the deadline for filing Class Counsel’s motion for attorneys’ fees (14 days prior to the expiration of the Objection Deadline); (ii) the Objection Deadline (sixty (60) 90 days after entry of the Preliminary Approval Order), ; Approval Order); (iii) the Opt-Out Claims Deadline (sixty 120 days after entry of the Preliminary (60iv) the deadline for Class Counsel to move for entry of the Final Approval Order (150 days after entry of the Preliminary Approval Order), and deadlines for filing papers in connection with ; and (v) the Final Approval HearingHearing (no later than 28 days after Class Counsel has moved for entry of the Final Approval Order, provided, however, that the Final Approval Hearing shall not occur until at least 28 days after the conclusion of the Claims Deadline); and H. I. Enjoining all Class Members from prosecuting separate actions against Defendant asserting any of the claims alleged in the Action.

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 Order. In her motion for preliminary approval, the Plaintiff will request that the Courtthat: A. Conditionally the Court conditionally certify the Settlement Class for settlement purposes only and without prejudice to Bluestem’s right to contest class certification if this Agreement is not approved, appoint Plaintiff as Class Representative for settlement purposes only, and appoint Class Counsel as counsel for the Settlement 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 Court preliminarily approve the Settlement settlement and this Agreement as fair, adequate adequate, and reasonable, and within the reasonable range of possible final approval; D. Approve C. the Court approve the form and contents of Notice 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 D. the Court direct that Notice be provided to the Settlement Class, in accordance with this Agreement and publication within thirty (30) days of following entry of the Notice to Preliminary Approval Order; E. the Class consistent with Court approve the notice programClaims Form and claims procedure described herein for the Settlement Class; F. Set 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; G. the Court, pending determination of whether the Settlement should be finally approved, bar and enjoin all persons in the Settlement Class, individually, and on a representative basis or other capacity, from commencing or prosecuting against any of the Released Parties any action, arbitration, or proceeding in any court, arbitration forum or tribunal asserting any of the Released Claims unless they timely opt-out, except that members of the Settlement Class may participate in any regulatory or government proceeding or investigation; H. the Court, pending final determination of whether the Settlement should be approved, stay all proceedings except those related to effectuating the Settlement; and, G. Set appropriate deadlinesI. the Court set the Claims Deadline, including the Objection Deadline (sixty (60) days after entry of the Preliminary Approval Order)Deadline, and 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 ActionDeadline.

Order of Preliminary Approval. As soon as practicable after the execution of this Agreement, Plaintiff Plaintiffs shall move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit E. F. Pursuant to the motion for preliminary approval, the Plaintiff Plaintiffs will request that the Court: A. Conditionally certify the Settlement Class for settlement purposes only; B. Conditionally appoint Class Counsel as counsel for the Settlement Class for settlement purposes only and conditionally appoint Plaintiff Plaintiffs as the Class RepresentativeRepresentatives; C. Preliminarily approve the Settlement 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 Procedurecircumstances; 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 deadline for loanDepot to provide the list of persons in the Settlement Class to the Claims Administrator (fourteen (14) days after entry of Preliminary Approval Order), the deadline for the Short Form Notice to be distributed (thirty (30) days after entry of Preliminary Approval Order), the Objection Deadline (sixty ninety (6090) days after entry of the Preliminary Approval Order), the Opt-Out Deadline (sixty ninety (6090) days after entry of the Preliminary Approval Order), and the Claims Deadline, or last day for Settlement Class Members to submit claims for review (one hundred thirty-five (135) days after entry of Preliminary Approval Order), deadlines for filing papers in connection with the Final Approval Hearing, and the Funding Date, or deadline for loanDepot to fund the Settlement Fund (fourteen (14) business days after the Effective Date); and H. I. Enjoining all Settlement Class Members from prosecuting separate actions against Defendant loanDepot asserting any of the claims alleged in the Action.

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. Order. Pursuant to the motion for preliminary approval, the Class Plaintiff will request that the Court:(and Defendant will not oppose): A. Conditionally certify the Class for settlement purposes only; B. Conditionally appoint Class Counsel as counsel for the Class for settlement purposes only (A) The Court preliminarily approve this Agreement and conditionally appoint Plaintiff as the Class Representative; C. Preliminarily approve the Settlement and this Agreement as fair, adequate and reasonable, and within reasonable to the reasonable range of possible final approvalClass; D. Approve (B) The Court approve the form of Class Notice and find that the notice program set forth herein constitutes the best notice practicable under the circumstances circumstances, provides due and sufficient notice to the Settlement Class and fully satisfies the requirements of due process and Federal Rule 23 of Civil Procedure 23; (C) The Court direct that notice be provided to the Class, in accordance with this Agreement, within thirty (30) days following entry of the Federal Rules of Civil ProcedurePreliminary Approval Order (D) The Court establish a procedure for any Class Members to object to the Settlement or exclude themselves from the Settlement Class in accordance with this Agreement; 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 (E) The Court from time to time without the necessity of further notice; and, G. Set appropriate deadlines, including the Objection Deadline (set a deadline sixty (60) days after entry the mailing of Direct Notice, after which no one will be permitted to object to the Preliminary Approval Order), Settlement or exclude himself or herself or seek to intervene; (F) The Court approve the Opt-Out Deadline Claim Form and the claims process described in this Agreement for the Settlement Class; (G) The Court set the Claim Period for the submission of Claims to end sixty (60) days after entry the mailing of Direct Notice; (H) The Court, pending determination of whether the Settlement should be finally approved, bar and enjoin all persons in the Class, individually, and on a representative basis or other capacity, from commencing or prosecuting against any of the Preliminary Approval Order)Released Parties any action, and deadlines for filing papers arbitration, or proceeding in connection with the Final Approval Hearing; and H. Enjoining all Class Members from prosecuting separate actions against Defendant any court, arbitration forum or tribunal asserting any of the claims alleged Released Claims unless they timely opt-out, except that members of the Class may participate in any regulatory or government proceeding or investigation; (I) The Court, pending final determination of whether the ActionSettlement should be approved, stay all proceedings except those related to effectuating the Settlement; and (J) The Court schedule a hearing to consider Final Approval of the Settlement.

Order of Preliminary Approval. As soon as practicable after the execution of this Agreement, Plaintiff Plaintiffs shall move the Court for entry of an order preliminarily approving the Preliminary Approval Order settlement in substantially the form attached as Exhibit E. Pursuant to #1 (the “Preliminary Approval Order”). As part of the motion for preliminary approval, the Plaintiff Plaintiffs will request that the Court: A. Conditionally certify the Settlement Class for settlement purposes only; B. Conditionally appoint Class Counsel as counsel for the Settlement Class for settlement purposes only only, and conditionally appoint Plaintiff Plaintiffs as the Class RepresentativeRepresentatives; C. Preliminarily preliminarily approve the Settlement settlement and this Agreement as fair, adequate adequate, and reasonable, and within the reasonable range of possible final approval; D. Approve approve the form and content of Notice the notice materials and find that the notice program set forth herein constitutes the best notice practicable under the circumstances and satisfies due process and Missouri Supreme Court Rule 23 of the Federal Rules of Civil Procedure52.08; E. Authorize authorize dissemination and publication of the Notice to the Class class notice consistent with the notice programprogram set forth herein; F. Set approve the claim form (in the form attached hereto as Exhibit #2) (the “Claim Form”); G. set the date and time for the hearing on final approval of the settlement (the “Final Approval Hearing, ”) which may be continued by the Court from time to time without the necessity of further notice; and,; G. Set H. set appropriate deadlines, including including: the Objection Deadline (deadline by which Settlement Class Members must submit claims, which the Parties agree to request as sixty (60) days after entry of the Preliminary Approval OrderNotice Date (the “Claims Deadline ”); the deadline by which Settlement Class Members must submit any objections to the settlement, which the Opt-Out Deadline (Parties agree to request as sixty (60) days after entry of the Preliminary Approval OrderNotice Date (the “Objection Deadline ”); the deadline by which Settlement Class Members must submit any request to be excluded from the settlement, which the Parties agree to request as sixty (60) days after the Notice Date (the “Opt-Out Deadline ”); and deadlines for filing papers in connection with the Final Approval Hearing; and H. Enjoining I. enjoin all Settlement Class Members from prosecuting separate actions against Defendant asserting any of the claims alleged in the Action.

Order of Preliminary Approval. As soon as practicable after the execution of this Agreement, Plaintiff shall will move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit E. A. Pursuant to the motion for preliminary approval, the Plaintiff will request that the Courtthat: A. Conditionally a. the Court conditionally certify the Settlement Class for settlement purposes only; B. Conditionally of this Settlement only and appoint Class Counsel as counsel (continuing their role, for purposes of the Class for settlement purposes only and conditionally appoint Plaintiff as the Class RepresentativeSettlement); C. Preliminarily b. the Court preliminarily approve the Settlement and this Agreement under FRCP 23(e) as fair, reasonable and adequate and reasonable, and within the reasonable range of possible final approval; D. Approve c. the form Court approve the forms of Notice and find that the notice 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 ProcedureFRCP 23(e); E. Authorize dissemination d. the Court orders OCTA and publication of the Notice Cofiroute to provide to the Class consistent Administrator the “Settlement Class Member Information” in accordance with Section 7.01; e. the Court orders the Foothill/Eastern Transportation Corridor Agency and San ▇▇▇▇▇▇▇ Hills Transportation Corridor Agency (collectively “TCA”) to provide to the Class Administrator the “TCA Interoperability Subclass Member Information” in accordance with Section 7.02; f. the Court orders that TCA, OCTA and Cofiroute’s compliance with the notice program; F. Set Court’s order to provide the date Settlement Class Member Information and time for TCA Interoperability Subclass Member Information to 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 deadlinesClass Administrator in accordance with this Agreement, including Sections 7.01 and 7.02, shall not be a violation of Section 31490 or any other federal, state or local constitution, statute, rule, regulation or policy purporting to limit the Objection Deadline (sixty (60) days after entry disclosure of the personally identifiable information, and issues an order enjoining any Settlement Class Member from filing or pursuing any claim or litigation against OCTA, Cofiroute, TCA, 3M Company, BRiC, and any other person or entity who provides information to the Class Administrator pursuant to the Preliminary Approval Order), and any of their respective officers, agents, employees and attorneys, asserting that any act taken in compliance with the Opt-Out Deadline (sixty (60) days after entry of obligations imposed by this Agreement, including Sections 7.01 and 7.02, the Preliminary Approval Order), and deadlines for filing papers in connection with and/or the Final Approval Hearing; and H. Enjoining all Court ordered Class Notice requirements violates Section 31490 or any other federal, state or local constitution, statute, rule, regulation or policy purporting to limit the disclosure of the personally identifiable information that is reasonably necessary to provide notice to the Settlement Class Members from prosecuting separate actions against Defendant asserting any of the claims alleged in the Action.and to otherwise implement this Settlement..

Order of Preliminary Approval. As soon as practicable after Following the execution of this Agreement, Plaintiff shall the Plaintiffs will move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit E. C. Pursuant to the motion for preliminary approval, scheduled to be heard March 5, 2015, the Plaintiff Plaintiffs, with the consent of Life Time, will request that the Courtthat: A. Conditionally a. the Court conditionally certify the Class for settlement purposes b. the Court preliminarily appoint Plaintiffs as Class Representatives for settlement purposes only; B. Conditionally c. the Court preliminarily appoint Class Counsel as counsel for the Class for settlement purposes only and conditionally appoint Plaintiff as the Class Representativeonly; C. Preliminarily d. the Court preliminarily approve the Settlement and this Agreement as fair, adequate adequate, and reasonable, and within the reasonable range of possible final approval; D. Approve e. the form Court approve the forms of Notice attached as Exhibit B and find that the notice program set forth herein constitutes the best notice practicable under the circumstances circumstances, and satisfies due process and Rule 23 of the Federal Rules of Civil Procedure; E. Authorize dissemination and publication of f. a Final Approval Hearing be scheduled to take place on or after 21 days after the Notice Claims Deadline, subject to the Class consistent with the notice program; F. Set the date Court’s availability, 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,, to determine: G. Set appropriate deadlines(1) Whether the proposed Settlement should be finally approved as fair, 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)reasonable, and deadlines for filing papers in connection with adequate; (2) Whether the Final Approval HearingOrder and Judgment approving the Settlement and dismissing the Settled Action on the merits and with prejudice should be entered; (3) Whether Class Counsel’s application for an award of attorneys’ fees and costs should be approved; and H. Enjoining all (4) Whether the service awards to the Class Members from prosecuting separate actions against Defendant asserting any of the claims alleged in the Action.Representatives should be approved;

Order of Preliminary Approval. 3.1 As soon as practicable after the execution of this the Settlement Agreement, Plaintiff Proposed Class Counsel and Jerome’s Counsel shall move jointly submit this Settlement Agreement to the Court and concurrently file a motion for preliminary approval of the settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D, or an order substantially similar to such form in both terms and cost, requesting, inter alia: a) certification of the Settlement Class for settlement purposes only pursuant to Section 2.8; b) preliminary approval of the Settlement Agreement as set forth herein; c) the scheduling of a Final Fairness Hearing and briefing schedule for Motion For Final Approval and Application for Plaintiff Service Award and Attorneys’ Fees and Costs; d) appointment of Proposed Class Counsel as Class Counsel; e) appointment of Plaintiff as Class Representative; f) approval of the notice of settlement (“Notice”) substantially similar to the one attached hereto as Exhibit B which shall include, inter alia, a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time and place of the Final Fairness Hearing; g) appointment of the Claims Administrator jointly agreed to by the Settling Parties; and h) approval of a claim form substantially similar to that attached hereto as Exhibit A. 3.2 Proposed Class Counsel and Jerome’s Counsel shall request that after notice is completed, the Court hold a hearing (the “Final Fairness Hearing”) no sooner that one-hundred fifty (150) days after the entry of the Preliminary Approval Order in substantially to determine whether to grant final approval of the form attached settlement as Exhibit E. Pursuant well as requested attorneys’ fees, cost, expenses and a Service Award to Plaintiff as set forth herein. 3.3 Jerome’s will also cause the Claims Administrator to provide notice to the motion for preliminary approval, the Plaintiff will request that the Court: A. Conditionally certify relevant state and federal governmental officials as required by 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 ActionAction Fairness Act.

Order of Preliminary Approval. As soon as practicable after the execution of this Settlement Agreement, Plaintiff shall move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit E. D. Class Counsel shall prepare the motion for Preliminary Approval and shall provide Defendants a reasonable opportunity to review the motion and supporting papers so they can provide input in advance of filing. Plaintiff shall retain discretion over whether to accept any of Defendants’ comments. Defendants shall file a Statement of Non-Opposition to preliminary settlement approval, but may otherwise respond or object to Plaintiff’s motions and supporting papers in any manner that is not inconsistent with Defendants’ obligations under this Settlement Agreement. Pursuant to the motion for preliminary approval, the Plaintiff will request that the Courtthat: A. Conditionally a. the Court conditionally certify the Settlement Class for settlement purposes only and appoint Class Counsel as counsel for the Settlement Class for settlement purposes only; B. Conditionally appoint Class Counsel as counsel for b. the Class for settlement purposes only and conditionally appoint Plaintiff as the Class Representative; C. Preliminarily Court preliminarily approve the proposed settlement and the terms of this Settlement and this Agreement as fair, adequate and reasonable, and within the reasonable range of possible final approval; D. Approve c. the form Court preliminarily enjoin Plaintiff and Settlement Class Members (including those acting their behalf) from bringing, joining, or continuing to prosecute Released Claims against Defendants or the Released Parties. d. 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 circumstances, and satisfies due process and Rule 23 of the Federal Rules of Civil Procedure; E. Authorize dissemination and publication of e. the Notice to the Class consistent with the notice program; F. Set 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, to consider objections, if any, to the settlement and to enter the Final Approval Order; and, G. Set appropriate deadlinesf. the Court set the Claims Deadline, including the Objection Deadline (sixty (60) days after entry of and the Preliminary Approval Order), the Opt-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 ActionDeadline.