Common use of Order of Preliminary Approval Clause in Contracts

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.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Order of Preliminary Approval. As soon as practicable after the execution of this Agreement, Plaintiffs shall Plaintiff will 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 Plaintiff will request that the Court: a. find it will likely be able to conditionally certify the Settlement Class for purposes of this Settlement only; b. appoint Class Counsel as counsel for the Settlement Class; c. appoint Plaintiff as Class Representative for the Settlement Class; d. appoint Epiq as the Class Administrator; e. preliminarily approve the Settlement and this Agreement as fair, reasonableadequate, and adequatereasonable; b. preliminarily certify the Class and California Subclass for settlement purposes only; c. f. approve the form, content, and manner forms of Class Notice and find that the notice program set forth in this Agreement herein constitutes the best notice practicable under the circumstances, circumstances and satisfies due process and Rule 23 of the Federal California Rules of Civil ProcedureCourt; d. direct that Class Notice be sent to the Class and California Subclass; e. appoint Angeion as the Claims Administrator; f. 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 to the Class and California Subclass except for an update to the Settlement Websitenotice; and, g. h. set the Claims Deadline, the Objection Deadline, and the Opt- Out Exclusion Deadline.

Appears in 1 contract

Sources: Settlement Agreement