PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER Clause Samples
The Preliminary Approval Order and Final Approval Order clause outlines the court's process for reviewing and approving a proposed settlement in a legal case, typically in class action litigation. Initially, the court issues a preliminary approval order to confirm that the settlement appears fair and to authorize notice to affected parties. After a period for objections or comments, the court holds a final hearing and, if satisfied, issues a final approval order that formally approves the settlement and makes it binding. This clause ensures that settlements are subject to judicial oversight, protecting the interests of all parties and ensuring the settlement is fair, reasonable, and adequate.
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1 Promptly after the execution of this Settlement Agreement, Settlement Class Counsel shall submit this Agreement together with its Exhibits to the Court and shall move the Court for Preliminary Approval of the settlement set forth in this Agreement, certification of the Settlement Classes for settlement purposes only, appointment of Settlement Class Counsel and the Class Representatives, and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice and Claim Forms for dissemination in accordance with the Notice Plan, substantially in the form of Exhibits C, D, and E.
7.2 At the time of the submission of this Settlement Agreement to the Court as described above, Settlement Class Counsel and Defendant’s Counsel shall request that, after Notice is given, the Court hold a Final Approval Hearing and approve the settlement of the Action as set forth herein.
7.3 After Notice is given, the Parties shall request and obtain from the Court a Final Judgment. The Final Judgment will (among other things):
(a) find that the Court has personal jurisdiction over all members of the Settlement Classes and that the Court has subject matter jurisdiction to approve the Settlement Agreement, including all exhibits thereto;
(b) approve the Settlement Agreement and the proposed settlement as fair, reasonable and adequate as to, and in the best interests of, the members of the Settlement Classes; direct the Parties and their counsel to implement and consummate the Settlement Agreement according to its terms and provisions; and declare the Settlement Agreement to be binding on, and have res judicata and preclusive effect in all pending and future lawsuits or other Class Action Settlement Agreement 27 Case No. 10-cv-24513 JLK proceedings maintained by or on behalf of Plaintiffs and all other members of the Settlement Classes, Releasing Parties, and their heirs, executors and administrators, successors and assigns;
(c) find that the Notice and the Notice Plan implemented pursuant to the Settlement Agreement (1) constitute the best practicable notice under the circumstances,
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 60. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section V, ▇▇▇▇▇▇▇ House shall have the right to withdraw from the Settlement Agreement if the Court does not approve any material aspects of the Settlement Agreement.
61. Plaintiff, through Class Counsel, shall submit this Settlement Agreement, together with its exhibits, to the Court and shall move the Court for Preliminary Approval of the Settlement set forth in this Settlement Agreement, certification of the Settlement Class, appointment of Class Counsel and the Class Representative, and entry of the Preliminary Approval Order, substantially in the form of Exhibit E, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Plan.
62. At the time of the submission of this Settlement Agreement to the Court as described above, the Parties shall request that, after Notice is given, the Court hold a Final Approval Hearing at least 150 days after entry of the Preliminary Approval Order and approve the settlement of the Litigation as set forth herein.
63. At least fourteen days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff will move for (1) final approval of the Settlement; (2) final appointment of the Class Representatives and Class Counsel; and (3) final certification of the Settlement Class, including for the entry of a Final Approval Order identical in all material respects to the proposed Final Approval Order, and file a memorandum in support of the motion for final approval.
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 26 8.1. Class Counsel shall submit this Agreement together with its Exhibits to the Court 27 and shall move the Court for Preliminary Approval of the Settlement as set forth in this 28 Agreement, certification of the Settlement Class for settlement purposes only, appointment of 1 Class Counsel and the Class Representatives, and entry of a Preliminary Approval Order, which 2 order shall set a Final Approval Hearing date and approve Notice for dissemination in accordance 3 with the Notice Plan. Such Preliminary Approval Order, shall also authorize the Parties, without 4 further approval from the Court, to agree to and adopt such amendments, modifications and 5 expansions of this Agreement and its implementing documents (including all exhibits to this 6 Agreement) so long as they are consistent in all material respects with the Settlement and Final 7 Judgment and do not limit the rights of the Settlement Class Members.
8 8.2 At the time of the submission of this Agreement to the Court as described above,
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 9 6.1. Promptly after execution of this Agreement, Class Counsel shall move the Court 10 to enter an order preliminarily approving the Settlement, and attach this Agreement as an exhibit 11 to the motion. The proposed preliminary approval order shall include, among other provisions, a 12 request that the Court:
(a) preliminarily appoint Plaintiff, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, and ▇▇▇▇▇ 14 ▇▇▇▇▇▇▇ as Class Representatives of the Settlement Class;
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. This Settlement shall be subject to approval of the Court. As set forth in Section XIV, Defendant shall have the right to withdraw from the Settlement if the Court does not approve the material aspects of the Settlement.
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 7.1Promptly after the execution of this Settlement Agreement, Class Counsel shall submit this Agreement together with its Exhibits to the Court and shall move the Court for Preliminary Approval of the settlement set forth in this Agreement; certification of the Settlement Class for settlement purposes only; appointment of Class Counsel and the Class Representatives; and entry of a Preliminary Approval Order, which order shall set a Final Approval Hearing date and approve the Notice and Claim Form for dissemination substantially in the form of Exhibits A, B, C, and D hereto. Defendant shall have no obligation to make separate filings in support of the Motion for Preliminary Approval. The Preliminary Approval Order, which shall be substantially similar to Exhibit E, shall also authorize the Parties, without further approval from the Court, to agree to and adopt such amendments, modifications and expansions of the Settlement Agreement and its implementing documents (including all exhibits to this Agreement) so long as they are consistent in all material respects with the terms of the Settlement Agreement and do not limit or impair the rights of the Settlement Class.
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6.1 Promptly after execution of this Agreement, Class Counsel shall move the Court to enter an order preliminarily approving the Settlement and attach this Agreement as an exhibit to the motion. The proposed preliminary approval order shall include, among other provisions, a request that the Court:
(a) preliminarily appoint Plaintiffs ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ as Class Representatives of the Settlement Class;
(b) preliminarily appoint Class Counsel to represent the Settlement Class;
(c) preliminarily certify the Settlement Class under Fed. R. Civ. P. 23 for settlement purposes only;
(d) preliminarily approve this Agreement for purposes of disseminating Notice to the Settlement Class;
(e) approve the form and contents of the Notice and the method of its dissemination to the Settlement Class; and
(f) schedule a Final Approval Hearing to review comments and/or objections regarding the Settlement, to consider its fairness, reasonableness and adequacy, to consider the application for any Fee Award and incentive awards to the Class Representatives, and to consider whether the Court shall issue a Final Judgment approving this Agreement and dismissing the Actions with prejudice.
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 62. Plaintiff, through Class Counsel, will file an unopposed motion for an order conditionally certifying the Settlement Class on the terms set forth in this Agreement, substantially in the form attached as Exhibit A, setting a date for the Final Approval Hearing, and approving the Notice for dissemination in accordance with the applicable notice provisions of this Agreement (“the Unopposed Motion for Preliminary Approval”).
63. At the hearing on the Unopposed Motion for Preliminary Approval, the Parties will jointly appear and support the granting of the Unopposed Motion for Preliminary Approval.
64. Should the Court decline to preliminarily approve any material aspect of the Settlement Agreement, the Settlement Agreement will be null and void, the Parties will have no further obligations under the Agreement, and the Parties will revert to their prior positions in the Litigation as if the Settlement had not occurred.
65. At the time of the submission of this Settlement Agreement to the Court as described above, the Parties shall request that, after Notice is given, the Court hold a Final Approval Hearing approximately 90 days after entry of the Preliminary Approval Order and approve the Settlement of the Litigation as set forth herein.
66. At least 10 days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff will move for: (i) final approval of the Settlement;
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. FILED DATE: 4/29/2021 8:36 PM 2019CH00205
PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 18 6.1. Promptly after execution of this Agreement, Class Counsel shall move the Court 19 for Preliminary Approval, and attach this Agreement as an exhibit to the motion. The proposed 20 preliminary approval order shall include, among other provisions, a request that the Court: