Procedure for Approving Settlement Clause Samples
The "Procedure for Approving Settlement" clause outlines the steps and requirements that must be followed before a settlement agreement can be finalized in the context of a dispute or claim. Typically, this clause specifies who within each party’s organization has the authority to approve a settlement, the documentation that must be provided, and any necessary notifications or consents. For example, it may require written approval from a designated officer or board, or set out a timeline for review and response. The core function of this clause is to ensure that settlements are properly vetted and authorized, thereby preventing unauthorized agreements and reducing the risk of future disputes over the validity of a settlement.
Procedure for Approving Settlement a. Plaintiff will file an unopposed motion for an order conditionally certifying the Class, giving Preliminary Approval to the Settlement, setting a date for the Final Approval Hearing, and approving the Notice (the “Unopposed Motion for Preliminary Approval”).
b. At the hearing on the Unopposed Motion for Preliminary Approval, the Parties will jointly appear, support the granting of the Unopposed Motion for Preliminary Approval, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement Agreement; appointing the Class Representative and Class Counsel; approving the Notice to the Class of the Settlement; and setting the Final Approval Hearing.
c. For the purposes of the Settlement and the proceedings contemplated herein only, the Parties stipulate and agree that the Class shall be conditionally certified in accordance with the definition and on the terms contained above, that Plaintiff shall be conditionally appointed Class Representative, and that Plaintiff’s Counsel shall be conditionally appointed as Class Counsel. Should the Court decline to enter the Preliminary Approval Order or otherwise decline to preliminarily approve any aspect of the Settlement Agreement, the Parties will attempt to renegotiate those aspects of the Settlement Agreement in good faith, with the mutual goal of attempting to reach an agreement as close to this Settlement Agreement as possible, and will then submit the renegotiated settlement agreement to the Court for Preliminary Approval. If and only if the Parties are unable to obtain Preliminary Approval of a settlement agreement after submitting at least two renegotiated settlements to the Court, the Settlement Agreement will be null and void, and the Parties will have no further obligations under it, and the Parties will revert to their prior positions in the Action as if the Settlement had not occurred.
Procedure for Approving Settlement. The Parties agree to the following schedule and procedures for obtaining the Court’s approval of the Settlement, notifying the Class, providing a copy of the Agreement to the LWDA and processing all benefits provided under this Settlement Agreement:
Procedure for Approving Settlement. 1. Unopposed Motion for Conditional Certification of Class and Preliminary Approval of the Settlement by the Court.
a. Plaintiffs will file an unopposed motion for an order conditionally certifying the Class, giving Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, and approving the Class Notice, and Claim Form (the “Unopposed Motion for Preliminary Approval”).
b. Within ten (10) days after the filing of the Unopposed Motion for Preliminary Approval, Defendant is to serve the appropriate Federal and State officials with the required notice pursuant to 28 U.S.C. § 1715(b).
c. At the hearing on the Unopposed Motion for Preliminary Approval, the Parties will jointly appear, support the granting of the Motion, and submit an order granting conditional certification of the Class and preliminary approval of the Settlement; appointing Class Representatives, Class Counsel, and Settlement Administrator; approving the forms of notice to the Class of the Settlement, Claim Form, and setting the Final Approval Hearing in substantially the form evidenced by Exhibit D to this Agreement and incorporated herein by reference.
d. Should the Court decline to conditionally certify the Settlement Class or decline to preliminarily approve all material aspects of the Settlement, the Settlement will be null and void, and the Parties will have no further obligations under it, and the Parties will revert to their prior positions in the Action as if the Settlement had not occurred.
Procedure for Approving Settlement a. Motion for Preliminary Approval of Settlement by the Court.
i. After Execution of this Settlement Agreement, Plaintiff will file a Preliminary Approval Motion with the Court for an order granting Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, and approving the Class Notice (the “Motion for Preliminary Approval”). Any disagreement among the Parties concerning the Class Notice, the proposed orders, or other documents necessary to implement the Settlement will be referred to the mediator for resolution.
ii. At the hearing on the Motion for Preliminary Approval, the Parties will jointly appear, support the granting of the motion, and submit an Order Granting Preliminary Approval of the Settlement substantially in the form evidenced by Exhibit B to this Agreement and incorporated by reference into this Agreement.
iii. Should the Court decline to preliminarily approve material aspects of the Settlement (including but not limited to the scope of release to be granted by Participating Class Members or the binding effect of the Settlement on Participating Class Members), the Parties shall work together in good faith to address any concerns raised by the Court and propose a revised Settlement for the Court’s approval.
Procedure for Approving Settlement. A. Amending the Complaint.
i. Prior to filing Plaintiff’s Motion for Preliminary Approval or at the time preliminary approval is sought, the Parties agree to stipulate to permit Plaintiff leave to file his First Amended Complaint.
Procedure for Approving Settlement. 50. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section X, Defendants shall have the right to withdraw from the Settlement Agreement if the Court does not approve the material aspects of the Agreement.
Procedure for Approving Settlement