Preliminary Approval Hearing Clause Samples

Preliminary Approval Hearing. The Settlement Class Representative shall file a motion for preliminary approval of the Settlement as soon as reasonably possible. With the motion for preliminary approval, the Settlement Class Representative will submit this Settlement Agreement and accompanying attachment. Settlement Class Counsel will provide a draft of the motion for preliminary approval and proposed preliminary approval order for review and comment prior to filing the same consistent with the terms of this Settlement Agreement.

Preliminary Approval Hearing. As soon as practicable after the Execution Date, Plaintiffs’ Counsel shall move the Court for an order which: (1) preliminarily approves this Agreement as fair, reasonable and adequate, pursuant to Cal. Code Civ. Proc. § 382 and Cal. R. Crt. 3.769(c); (2) certifies a settlement class composed of the California Class and the Non- California Class, as defined in Sections 2.3 and 2.29 of this Agreement, pursuant to Cal. R. Crt. 3.769(d); (3) approves the form, manner, and content of the Settlement Notice as described in Section 4.3 of this Agreement; (4) sets the date and time of the Fairness Hearing; (5) appoints Plaintiffs ▇▇▇▇ ▇▇▇ 1 and ▇▇▇▇ ▇▇▇ 2 as the Class Representatives for the Non-California Class for settlement purposes only; and (6) appoints Class Counsel in the Non-California Class Actin for settlement purposes only. ▇▇.▇▇▇ shall cooperate with Plaintiffs in the Actions to obtain preliminary approval of the Settlement consistent with the terms herein and shall file a Memorandum of Points and Authorities supporting preliminary approval of the Settlement. Subject to approval by the Court, the Preliminary Approval Order shall be in a form substantially similar to the form attached as Exhibit 9. The Preliminary Approval Order shall contain a preliminary injunction precluding Class Members who do not opt out of the Settlement from litigating the Released Claims.

Preliminary Approval Hearing. The Class Representative shall file an 15132937v.1 Unopposed Motion for Preliminary Approval of the Settlement (“Preliminary Approval”) as soon as reasonably possible. With the motion for Preliminary Approval, the Class Representative will submit this Settlement Agreement, which sets forth the terms of this Settlement, and will include proposed form of Class Notice and other documents as attached hereto necessary to implement the Settlement Agreement.

Preliminary Approval Hearing. Plaintiff will obtain a hearing before the Court to request 13 Preliminary Approval of the Settlement Agreement, and the entry of a Preliminary Approval Order for: (a) 14 conditional certification of the Settlement Class for settlement purposes only, (b) Preliminary Approval of the 15 proposed Settlement Agreement, and (c) setting a date for a Final Approval/Settlement Fairness Hearing. The 16 Preliminary Approval Order will provide for the Class Notice to be sent to all Class Members as specified 17 herein. In conjunction with the Preliminary Approval hearing, Plaintiff will submit this Settlement Agreement, 18 which sets forth the terms of this Settlement, and will include the proposed Class Notice; i.e., the proposed 19 Notice of Class Action Settlement, and the Claim Form. Class Counsel will be responsible for drafting all 20 documents necessary to obtain preliminary approval, including the Second Amended Complaint. Any failure 21 by the Court to fully and completely approve the Settlement Agreement as to all of the Action, or the entry of 22 any Order by another Court with regard to any of the Action which has the effect of preventing the full and 23 complete approval of the Settlement Agreement as written and agreed to by the Parties, will result in this

Preliminary Approval Hearing. Except to the extent that the Court otherwise allows a shortened notice period, the Preliminary Approval Motion shall be filed with at least 28 days’ notice of the Preliminary Approval Hearing. To the extent possible, the Parties shall use their best efforts to coordinate having the Preliminary Approval Hearing held before the Court on the same date and time as the Disclosure Statement Hearing.

Preliminary Approval Hearing. The hearing by the Court to determine whether to give preliminary approval to and implement the terms of this Agreement.

Preliminary Approval Hearing a. As soon as practicable after the filing of the Joint Motion, the Parties shall seek to set a hearing with the Court (the “Preliminary Approval Hearing”). b. At the Preliminary Approval Hearing, the Parties will request that the Court preliminarily approve this Agreement, certify the Class and Subclasses as settlement classes, order notice to be mailed in the form attached as Exhibit B, and order notice to be published in the form attached as Exhibit C. The Parties will submit a proposed order in the form attached as Exhibit D (the “Preliminary Approval Order”). The Parties also will request that the Court set a Final Fairness Hearing.

Preliminary Approval Hearing. The Parties intend and agree by this Settlement 19 Agreement that Plaintiffs will obtain a hearing before the Court to request the Preliminary Approval of 20 the Settlement and the entry of an Order: (i) conditionally certifying the Settlement Class for settlement 21 purposes only, as specified herein; (ii) granting preliminary approval to the proposed Settlement

Preliminary Approval Hearing. Plaintiffs will obtain a hearing date before the Court in ▇▇▇▇▇▇ Class Action to request the Preliminary Approval of the Settlement Agreement, and the entry of a Preliminary Approval Order for: (i) provisional certification of the Settlement Class for settlement purposes only, (ii) Preliminary Approval of the proposed Settlement Agreement, and (iii) setting a date for a Final Fairness Hearing. The Preliminary Approval Order will provide for the Notice of Class Action and PAGA Settlement to be sent to all Class Members and PAGA Employees as specified therein. In conjunction with the Preliminary Approval hearing, Plaintiffs will submit this Settlement Agreement, which sets forth the terms of this Settlement, and will include the proposed Notice of Class Action and PAGA Settlement, attached as Exhibit A. Class Counsel will be responsible for drafting all documents necessary to obtain Preliminary Approval. Class Counsel will provide Defense Counsel a draft of the papers for review and approval at least three (3) days prior to filing.