SETTLEMENT APPROVAL PROCESS. 10.1 As soon as practicable after execution of this Settlement Agreement, the Parties shall jointly submit this Settlement Agreement to the Court and file a motion for preliminary approval of the settlement, 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, which: (a) Preliminarily approves this Settlement Agreement; (b) Certifies the Settlement Class for settlement purposes only pursuant to Section 2; (c) Finds that the proposed Settlement is sufficiently fair, reasonable, and adequate to warrant providing notice to Settlement Class Members; (d) Appoints the Settlement Administrator in accordance with the provisions (e) Approves the Notice Program and directs the Settlement Administrator to provide Notice to Settlement Class Members in accordance with the Notice Program provided for in this Settlement Agreement; (f) Approves a customary form of short notice to be sent to Settlement Class Members (the “Short Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of the Settlement set forth in this Settlement Agreement, instructions for how to opt-out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval Hearing; (g) Approves a Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Administrator to conduct Settlement Administration in accordance with the provisions of this Settlement Agreement; (h) Approves the Opt-Out and Objection procedures as outlined in this Settlement Agreement; (i) Schedules a Final Approval Hearing to consider the fairness, reasonableness, and adequacy of the proposed Settlement and whether it should be finally approved by the Court; (j) Appoints Class Counsel; (k) Appoints Plaintiffs as the Settlement Class Representatives; and (l) Contains any additional provisions agreeable to the Parties that might be necessary or advisable to implement the terms of this Settlement Agreement.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
SETTLEMENT APPROVAL PROCESS. 10.1 As soon as practicable after After execution of this Settlement Agreement, the Parties shall jointly submit this Settlement Agreement to promptly move the Court and file a motion for preliminary approval of to enter the settlement, requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D, or an order substantially that is materially similar to such form in both terms and costExhibit 1, which:
(a) A. Preliminarily approves this Settlement Agreement;
(b) Certifies the Settlement Class for settlement purposes only pursuant to Section 2;
(c) B. Finds that the proposed Settlement is sufficiently fair, reasonable, reasonable and adequate to warrant providing notice to the Settlement Class MembersClass;
(dC. Sets a deadline to file a Motion for Final Approval within two hundred and forty(240) Appoints days of the Settlement Administrator in accordance with the provisions
(e) Approves the Notice Program and directs the Settlement Administrator to provide Notice to Settlement Class Members in accordance with the Notice Program provided for in this Settlement AgreementOrder granting Preliminary Approval;
(f) Approves D. Schedules a customary form of short notice to be sent to Settlement Class Members (the “Short Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of the Settlement set forth in this Settlement Agreement, instructions for how to opt-out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval Hearing;
(g) Approves a Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Administrator to conduct Settlement Administration in accordance with the provisions Fairness Hearing on final approval of this Settlement Agreement;
(h) Approves the Opt-Out and Objection procedures as outlined in this Settlement Agreement;
(i) Schedules a Final Approval Hearing Agreement to consider the fairness, reasonableness, reasonableness and adequacy of the proposed Settlement and whether it should be finally approved by the Court;
(j) E. Appoints Class Counselthe Settlement Administrator and defines their responsibilities in accordance with Section V of this Settlement Agreement;
(k) Appoints Plaintiffs as F. Approves the Class Notice, the content of which is without material alteration from Exhibits 2 and 3 to this Settlement Agreement, and directs the Settlement Administrator to disseminate the Class Notice in accordance with the Settlement Class RepresentativesNotice Program;
G. Finds that the Settlement Class Notice Program: (1) is the best practicable notice; and(2) is reasonably calculated, under the circumstances, to apprise the Settlement Class of the pendency of the Litigation and of their right to file a claim or object to or to exclude themselves from the proposed settlement; (3) is reasonable and constitutes due, adequate and sufficient notice to all individuals entitled to receive notice; and (4) meets all requirements of applicable law;
(l) Contains any additional provisions agreeable H. Requires the Settlement Administrator to provide proof of compliance with the Parties that might be necessary Settlement Class Notice Program at or advisable before the Fairness Hearing;
I. Approves the Name and/or Address Update Form, the content of which is without material alteration from Exhibit 7 to implement this Settlement Agreement, and sets an initial Name and/or Address Update Deadline;
J. Approves the creation of the Settlement Website in accordance with the terms of this Settlement Agreement;
K. Requires any member of the Settlement Class who wishes to exclude himself or herself from the Settlement Class to submit an appropriate, timely request for exclusion, postmarked or submitted electronically no later than the Opt-Out Date, or as the Court may otherwise direct, to the Settlement Administrator at the address on the Class Notice;
L. Orders that any member of the Settlement Class who does not submit a timely, written request for exclusion from the Settlement Class (i.e., becomes an Opt-Out) will be bound by all proceedings, orders and judgments in the Litigation, even if such Settlement Class Member has previously initiated or subsequently initiates individual litigation or other proceedings encompassed by the Release Provisions in Section XI.B.1.;
M. Requires any Settlement Class Member who does not become an Opt-Out and who wishes to object to the fairness, reasonableness, or adequacy of this Settlement or Settlement Agreement to file with the Court and serve on counsel for the Parties no later than the Objection Deadline, or as the Court may otherwise direct, a notice of the Objection signed by the Settlement Class Member containing all of the following information, provided however that nothing in this Paragraph shall restrict the Court’s discretion to allow a Settlement Class Member who does not object to appear at the Fairness Hearing:
1. the name, address and telephone number of the person objecting;
2. a statement regarding whether the individual intends to appear at the Fairness Hearing, either in person or through counsel, and, if through counsel, a statement identifying that counsel;
3. a statement of the specific legal and factual basis for each objection, if there are any, or what the individual wishes to be heard about; and
4. a description of all evidence the individual may offer at the Fairness Hearing.
N. Specifies that any response to an Objection shall be filed with the Court no later than seven (7) days prior to the Fairness Hearing;
O. Specifies that any Settlement Class Member who does not file a written Objection to the Settlement by the Objection Deadline or who fails to otherwise comply with the requirements of Section
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
SETTLEMENT APPROVAL PROCESS. 10.1 10.1. As soon as practicable after execution of this Settlement Agreement, the Parties shall jointly submit this Settlement Agreement to the Court and file a motion for preliminary approval of the settlement, 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, which:
(a) Preliminarily approves this Settlement Agreement;
(b) Certifies the Settlement Class for settlement purposes only pursuant to Section 2;
(c) Finds that the proposed Settlement is sufficiently fair, reasonable, and adequate to warrant providing notice to Settlement Class Members;
(d) Appoints the Settlement Claims Administrator in accordance with the provisions
(e) Approves the Notice Program and directs the Settlement Claims Administrator and DP Brokerage to provide Notice to Settlement Class Members in accordance with the Notice Program provided for in this Settlement Agreement;
(f) Approves a customary form of short notice to be sent mailed to Settlement Class Members (the “Short Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of the Settlement set forth in this Settlement Agreement, instructions for how to opt-opt out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval Hearing;
(g) Approves a Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Claims Administrator to conduct Settlement Claims Administration in accordance with the provisions of this Settlement Agreement;
(h) Approves the Opt-Out and Objection procedures as outlined in this Settlement Agreement;
(i) Schedules a Final Approval Hearing to consider the fairness, reasonableness, and adequacy of the proposed Settlement and whether it should be finally approved by the Court;
(j) Appoints Settlement Class Counsel;
(k) Appoints Plaintiffs Plaintiff as the Settlement Class RepresentativesRepresentative; and
(l) Contains any additional provisions agreeable to the Parties that might be necessary or advisable to implement the terms of this Settlement Agreement.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
SETTLEMENT APPROVAL PROCESS. 10.1 As soon as practicable after execution of this Settlement Agreement, the Parties shall jointly submit this Settlement Agreement to the Court and file a motion for preliminary approval of the settlement, 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, which:
(a) Preliminarily approves this Settlement Agreement;
(b) Certifies the Settlement Class for settlement purposes only pursuant to Section 2;
(c) Finds that the proposed Settlement is sufficiently fair, reasonable, and adequate to warrant providing notice to Settlement Class Members;
(d) Appoints the Settlement Claims Administrator in accordance with the provisionsprovisions supra;
(e) Approves the Notice Program and directs the Settlement Claims Administrator and ACTS to provide Notice to Settlement Class Members in accordance with the Notice Program provided for in this Settlement Agreement;
(f) Approves a customary form of short notice to be sent mailed to Settlement Class Members (the “Short Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ ' respective litigation positions, the general terms of the Settlement set forth in this Settlement Agreement, instructions for how to opt-opt out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval Hearing;
(g) Approves a Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Claims Administrator to conduct Settlement Claims Administration in accordance with the provisions of this Settlement Agreement;
(h) Approves the Opt-Out and Objection procedures as outlined in this Settlement Agreement;
(i) Schedules a Final Approval Hearing to consider the fairness, reasonableness, and adequacy of the proposed Settlement and whether it should be finally approved by the Court;
(j) Appoints Settlement Class Counsel;
(k) Appoints Plaintiffs as the Settlement Class Representatives; and
(l) Contains any additional provisions agreeable to the Parties that might be necessary or advisable to implement the terms of this Settlement Agreement.
10.2 Within 14 Days of the filing of the Motion for Preliminary Approval, ACTS will also cause the Claims Administrator to provide (at ACTS' expense) notice to the relevant state and federal governmental officials as required by the Class Action Fairness Act.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
SETTLEMENT APPROVAL PROCESS. 10.1 10.1. As soon as practicable after execution of this Settlement Agreement, the Parties shall jointly submit this Settlement Agreement to the Court and file a motion for preliminary approval of the settlement, 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, which:
(a) Preliminarily approves this Settlement Agreement;
(b) Certifies the Settlement Class for settlement purposes only pursuant to Section 2;
(c) Finds that the proposed Settlement settlement is sufficiently fair, reasonable, and adequate to warrant providing notice to Settlement Class Members;
(d) Appoints the Settlement Claims Administrator in accordance with the provisions
(e) Approves the Notice Program and directs the Settlement Claims Administrator and ▇▇▇ ▇▇▇▇ to provide Notice to Settlement Class Members in accordance with the Notice Program provided for in this Settlement Agreement;
(f) Approves a customary form of short notice to be sent mailed to Settlement Class Members (the “Short Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of the Settlement settlement set forth in this Settlement Agreement, instructions for how to opt-opt out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval Hearing;
(g) Approves a Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Claims Administrator to conduct Settlement Claims Administration in accordance with the provisions of this Settlement Agreement;
(h) Approves the Opt-Out and Objection objection procedures as outlined in this Settlement Agreement;
(i) Schedules a Final Approval Hearing to consider the fairness, reasonableness, and adequacy of the proposed Settlement settlement and whether it should be finally approved by the Court;
(j) Appoints Settlement Class Counsel;
(k) Appoints Plaintiffs Plaintiff as the Settlement Class RepresentativesRepresentative; and
(l) Contains any additional provisions agreeable to the Parties that might be necessary or advisable to implement the terms of this Settlement Agreement.
Appears in 1 contract
Sources: Settlement Agreement
SETTLEMENT APPROVAL PROCESS. 10.1 As soon as practicable after After execution of this Settlement AgreementAgreement and obtaining necessary discovery from third-parry Retailers, the Parties shall jointly submit this Settlement Agreement to promptly move the Court and file a motion for preliminary approval of to enter the settlement, requesting entry of a Preliminary Approval Order in the form attached hereto as that is without material alteration from Exhibit D, or an order substantially similar to such form in both terms and costH hereto, which:
(a) A. Preliminarily approves this Settlement Agreement;
(b) Certifies B. Preliminarily certifies the Settlement Class for settlement purposes only pursuant to Section 2Class;
(c) C. Finds that the proposed Settlement Agreement is sufficiently fair, reasonable, reasonable and adequate to warrant providing notice to the Settlement Class MembersClass;
(d) Appoints the Settlement Administrator in accordance with the provisions
(e) Approves the Notice Program and directs the Settlement Administrator to provide Notice to Settlement Class Members in accordance with the Notice Program provided for in this Settlement Agreement;
(f) Approves a customary form of short notice to be sent to Settlement Class Members (the “Short Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of the Settlement set forth in this Settlement Agreement, instructions for how to opt-out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval Hearing;
(g) Approves a Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Administrator to conduct Settlement Administration in accordance with the provisions of this Settlement Agreement;
(h) Approves the Opt-Out and Objection procedures as outlined in this Settlement Agreement;
(i) D. Schedules a Final Approval Hearing on final approval of this Settlement Agreement to consider the its fairness, reasonableness, and adequacy of the proposed Settlement adequacy, and whether it should be finally approved by the Court, which Final Approval Hearing shall take place not less than one hundred and fifty (150) Days after the Preliminary Approval Date;
(j) E. Appoints Class Counselthe Settlement Administrator in accordance with Section III, Paragraph C of this Settlement Agreement;
(k) Appoints Plaintiffs as F. Approves the Class Notice, and directs the Settlement Administrator to disseminate the Class Notice in accordance with the Settlement Class Representatives; andNotice Program;
G. Finds that the Settlement Class Notice Program: (l1) Contains is the best practicable notice under the circumstances, (2) will fairly apprise the Settlement Class of the pendency of the Action, of the right to object to or Opt-Out of the proposed Settlement Agreement, of the right of any additional provisions agreeable Person in the Settlement Class who has not Opted-Out to appear at the Parties that might be necessary Final Approval Hearing, and of the right to seek monetary and other relief, (3) constitutes reasonable, due, adequate, and sufficient notice to all Persons entitled to receive notice, and (4) meets all requirements of due process and any other applicable law.
H. Requires the Settlement Administrator to file proof of compliance with the Settlement Class Notice Program at or advisable before the Final Approval Hearing;
I. Approves the Claim Form, the content of which is without material alteration from Exhibit A to implement this Settlement Agreement, and sets a Claim Deadline;
J. Approves the creation of the Settlement Website in accordance with the terms of this Settlement Agreement.;
K. Requires any Person in the Settlement Class who wishes to exclude himself or herself from the Settlement Class to submit an appropriate, timely request for exclusion, postmarked or submitted electronically no later than the Opt-Out And Objection Date, or as the Court may otherwise direct, to the Settlement Administrator at the address on the Class Notice;
L. Orders that any Person in the Settlement Class who does not Opt-Out will be bound by all proceedings, orders, and judgments in the action, even if such Settlement Class Member has previously initiated or subsequently initiates an individual Action or other proceedings encompassed by the Release;
M. Requires any Settlement Class Member who wishes to object to the fairness, reasonableness or adequacy of this Settlement Agreement (the “Objector”) to file with the Court and serve on Settlement Class Counsel and SRC’s Counsel no later than the Opt-Out And Objection Date, or as the Court may otherwise direct, a statement of the objection signed by the Settlement Class Member containing all of the following information:
1. The Objector’s full name, address, and telephone number;
2. A signed declaration that he or she is a Person in the Settlement Class;
Appears in 1 contract
Sources: Settlement Agreement
SETTLEMENT APPROVAL PROCESS. 10.1 As soon as practicable after execution of this Settlement Agreement, the Parties shall jointly submit this Settlement Agreement to the Court and file a motion for preliminary approval of the settlement, 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, which:
(a) Preliminarily approves this Settlement Agreement;
(b) Certifies the Settlement Class for settlement purposes only pursuant to Section section 2;
(c) Finds that the proposed Settlement is sufficiently fair, reasonable, and adequate to warrant providing notice to Settlement Class Members;
(d) Appoints the Settlement Administrator in accordance with the provisionsprovisions of paragraph 4.2;
(e) Approves the Notice Program and directs the Settlement Administrator to provide Notice notice to Settlement Class Members in accordance with the Notice Program provided for in this Settlement Agreement;
(f) Approves a customary form of short notice to be sent mailed and e-mailed to Settlement Class Members (the “Short Short-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Long-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of the Settlement set forth in this Settlement Agreement, instructions for how to object to or opt-out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval Hearing;
(g) Approves a Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Administrator to conduct Settlement Claims Administration in accordance with the provisions of this Settlement Agreement;
(h) Approves the Opt-Out and Objection procedures as outlined in this Settlement Agreement;
(i) Schedules a Final Approval Hearing to consider the fairness, reasonableness, and adequacy of the proposed Settlement and whether it should be finally approved by the Court;
(j) Appoints Settlement Class Counsel;
(k) Appoints Plaintiffs Plaintiff as the Settlement Class Representativesclass representative;
(l) Appoints a Person proposed by the Parties to serve as Claims Referee; and
(lm) Contains any additional provisions agreeable to the Parties that might be necessary or advisable to implement the terms of this Settlement Agreement.
Appears in 1 contract
Sources: Settlement Agreement
SETTLEMENT APPROVAL PROCESS. 10.1 As soon as practicable A. Within twenty-one (21) days after the execution of this Settlement Agreement, the Parties Settlement Class Representatives and Class Counsel shall jointly submit this Settlement Agreement to move the Court and file a motion for preliminary approval of to enter the settlement, requesting entry of a Preliminary Approval Order in the form attached that is without material alteration from Exhibit A hereto as Exhibit D, or an order substantially similar to such form in both terms and cost, which:
(a) 1. Preliminarily approves this Settlement AgreementSettlement;
(b) Certifies the Settlement Class for settlement purposes only pursuant 2. Directs that notice is provided in a reasonable manner, as set forth herein, to Section 2;
(c) Finds that the proposed Settlement is sufficiently fair, reasonable, and adequate to warrant providing notice to Settlement Class Members;
(d) Appoints the Settlement Administrator in accordance with the provisions
(e) Approves the Notice Program and directs the Settlement Administrator to provide Notice to all Settlement Class Members in accordance with who would be bound by the Notice Program provided for in this Settlement AgreementSettlement;
(f) Approves a customary form of short notice to be sent to Settlement Class Members (the “Short Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of 3. Preliminarily certifies the Settlement set forth in this Settlement Agreement, instructions for how to opt-out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval HearingClass;
(g) Approves 4. Schedules a Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Administrator to conduct Settlement Administration in accordance with the provisions Fairness Hearing on final approval of this Settlement Agreement;
(h) Approves the Opt-Out and Objection procedures as outlined in this Settlement Agreement;
(i) Schedules a Final Approval Hearing Agreement to consider the fairness, reasonableness, and adequacy of the proposed Settlement and whether it should be finally approved by the Court, such Fairness Hearing to be no earlier than one hundred ninety-five (195) days after the Preliminary Approval Date, subject to Court approval;
(j) Appoints Class Counsel5. Finds that the proposed Settlement is sufficiently fair, reasonable and adequate to warrant providing notice to the Settlement Class;
6. Appoints the Settlement Administrator in accordance with the provisions of Section VII;
7. Approves the Short Form and Long Form Notice, the content of which is without material alteration from Exhibits B and D hereto, and directs the Settlement Administrator to disseminate notice in accordance with the Class Notice Program provided for in this Agreement;
8. Approves the Claim Form, the content of which is without material alteration from Exhibit C hereto, and sets a Claim Submission Deadline.
9. Approves the creation of the Settlement Website as defined in Section II(UU) above;
10. Finds that the Class Notice Program implemented pursuant to this Agreement: (ki) Appoints Plaintiffs as is the best practicable notice; (ii) is reasonably calculated, under the circumstances, to apprise Settlement Class Members of the pendency of the Action and of their right to object to or to exclude themselves from the proposed settlement; (iii) is reasonable and constitutes due, adequate and sufficient notice to all persons entitled to receive notice; and (iv) meets all applicable requirements of applicable law;
11. Requires the Settlement Administrator to file proof of maintenance of the Settlement Website at or before the Fairness Hearing;
12. Requires each Settlement Class Member who wishes to be excluded from the Settlement Class to submit an appropriate, timely request for exclusion, postmarked no later than one hundred sixty (160) days after the Preliminary Approval Date, or as the Court may otherwise direct, to the Settlement Administrator at the address on the Class Notice;
13. Preliminarily enjoins all Settlement Class Members unless and until they have timely excluded themselves from the Settlement Class from: (i) filing, commencing, prosecuting, intervening in or participating as plaintiff, claimant or class member in any other lawsuit or administrative, regulatory, arbitration or other proceeding in any jurisdiction based on, relating to or arising out of the claims and causes of action or the facts and circumstances giving rise to the Action and/or the Released Claims; (ii) filing, commencing or prosecuting a lawsuit or administrative, regulatory, arbitration or other proceeding as a class action on behalf of any Settlement Class Members, regardless of whether or not they have been excluded from the Settlement Class, based on, relating to or arising out of the claims and causes of action or the facts and circumstances giving rise to the Action and/or the Released Claims; and (iii) attempting to effect Opt-Outs of a class of individuals in any lawsuit or administrative, regulatory, arbitration or other proceeding based on, relating to or arising out of the claims and causes of action or the facts and circumstances giving rise to the Action and/or the Released Claims. This Agreement is not intended to prevent Settlement Class Members from participating in any action or investigation initiated by a state or federal agency.
14. Orders that any Settlement Class Member who does not submit a timely, complete, written request for exclusion from the Settlement Class (i.e., becomes an Opt-Out) will be bound by all proceedings, orders and judgments in the Action, even if such Settlement Class Member has previously initiated or subsequently initiates individual litigation or other proceedings encompassed by the Release;
15. Requires each Settlement Class Member who is not an Opt-Out and who wishes to object to the fairness, reasonableness or adequacy of this Agreement or the proposed Settlement or to the Attorneys’ Fees and Costs to file with the Court and serve on Class Counsel no later than one hundred sixty (160) days after the Preliminary Approval Date or as the Court may otherwise direct, a statement of the objection signed by the Settlement Class Member containing the information outlined in Section X(B) above.
16. Provides that any response to an objection shall be filed with the Court no later than seven (7) days before the Fairness Hearing.
17. Specifies that any Settlement Class Member who does not file a timely, complete, written objection to the Settlement or who fails to otherwise comply with the requirements of Section X shall be foreclosed from seeking any adjudication or review of this settlement by appeal or otherwise.
18. Requires that fees and expenses owed to any attorney hired by a Settlement Class Member will be at the Settlement Class Member’s expense for the purpose of objecting to this Agreement, the proposed Settlement, or the Attorneys’ Fees and Costs;
19. Requires that any attorney hired by a Settlement Class Member for the purpose of objecting to the proposed Settlement or to the Attorneys’ Fees and Costs and who intends to make an appearance at the Fairness Hearing to provide to the Settlement Administrator (who shall forward it to Class Counsel and Counsel for the BMW Defendants) and to file with the Clerk of the Court a notice of intention to appear no later than the Opt-Out and Objection Date or as the Court may otherwise direct;
20. Requires any Settlement Class Member who files and serves a written objection and who intends to make an appearance at the Fairness Hearing to provide to the Settlement Administrator (who shall forward it to Class Counsel and Counsel for the BMW Defendants) and to file with the Clerk of the Court a notice of intention to appear no later than the Opt-Out and Objection Date or as the Court otherwise may direct;
21. Directs the Settlement Administrator to establish a post office box in the name of the Settlement Administrator to be used for receiving requests for exclusion, objections, notices of intention to appear and any other communications, and providing that only the Settlement Administrator, Class Counsel, the BMW Defendants’ Counsel, the BMW Defendants, the Court, the Clerk of the Court and their designated agents shall have access to this post office box, except as otherwise provided in this Agreement;
22. Directs the Settlement Administrator to promptly furnish Class Counsel and Counsel for the BMW Defendants with copies of any and all written requests for exclusion, notices of intention to appear or other communications that come into its possession, except as expressly provided in this Agreement;
23. Directs that Class Counsel shall file their applications for the Attorneys' Fees and Costs and Settlement Class Representatives’ Service Awards in accordance with the terms set forth in Section XI;
24. Orders the Settlement Administrator to provide the Opt-Out List to Class Counsel and Counsel for the BMW Defendants no later than seven (7) days after the Opt-Out and Objection Date, and then Class Counsel will file with the Court the Opt-Out List with an affidavit from the Settlement Administrator attesting to the completeness and accuracy thereof no later than three (3) business days thereafter or on such other date as the Parties may direct; and
(l) 25. Contains any additional provisions agreeable to the Parties that might be necessary or advisable to implement the terms of this Settlement AgreementAgreement and the proposed settlement.
Appears in 1 contract
Sources: Class Action Settlement Agreement
SETTLEMENT APPROVAL PROCESS. 10.1 As soon as practicable after 1. After execution of this Settlement Agreement, the Parties shall jointly submit this Settlement Agreement to promptly move the Court and file a motion for preliminary approval of to enter the settlement, requesting entry of a Preliminary Approval Order in the form attached hereto as that is without material alteration from Exhibit D, or an order substantially similar to such form in both terms and costE hereto, which:
(a) a. Preliminarily approves this Settlement AgreementSettlement;
(b) Certifies the Settlement Class for settlement purposes only pursuant b. Directs that notice is provided in a reasonable manner, as set forth herein, to Section 2;
(c) Finds that the proposed Settlement is sufficiently fair, reasonable, and adequate to warrant providing notice to Settlement Class Members;
(d) Appoints the Settlement Administrator in accordance with the provisions
(e) Approves the Notice Program and directs the Settlement Administrator to provide Notice to all Settlement Class Members in accordance with who would be bound by the Notice Program provided for in this Settlement AgreementSettlement;
(f) Approves a customary form of short notice to be sent to Settlement Class Members (the “Short Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of c. Preliminarily certifies the Settlement set forth in this Settlement Agreement, instructions for how to opt-out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval HearingClass;
(g) Approves d. Schedules a Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Administrator to conduct Settlement Administration in accordance with the provisions Fairness Hearing on final approval of this Settlement Agreement;
(h) Approves the Opt-Out and Objection procedures as outlined in this Settlement Agreement;
(i) Schedules a Final Approval Hearing Agreement to consider the fairness, reasonableness, and adequacy of the proposed Settlement and whether it should be finally approved by the Court, such Fairness Hearing to be no earlier than one hundred fifty (150) days after the Preliminary Approval Date, subject to Court approval;
(j) Appoints Class Counsele. Finds that the proposed Settlement is sufficiently fair, reasonable and adequate to warrant providing notice to the Settlement Class;
f. Appoints the Claims Administrator in accordance with the provisions of Section XI;
g. Approves the Class Notice, the content of which is without material alteration from Exhibit G, B and C hereto, and directs the Claims Administrator to publish the Class Notice in accordance with the Class Notice Program provided for in this Agreement;
h. Approves the Claim Form, the content of which is without material alteration from Exhibit A hereto, and sets a Claim Deadline;
i. Approves the creation of the Settlement Website as defined in Section XI, Paragraph 9(d) above;
j. Finds that the Class Notice Program implemented pursuant to this Agreement: (ki) Appoints Plaintiffs as is the best practicable notice, (ii) is reasonably calculated, under the circumstances, to apprise Settlement Class Members of the pendency of the Litigation and of their right to object to or to exclude themselves from the proposed settlement, (iii) is reasonable and constitutes due, adequate and sufficient notice to all persons entitled to receive notice, and (iv) meets all applicable requirements of applicable law;
k. Requires the Claims Administrator to file proof of publication of the Published Notice and proof of maintenance of the Settlement Website at or before the Fairness Hearing;
l. Requires each Settlement Class Member who wishes to be excluded from the Settlement Class Representativesto submit an appropriate, timely request for exclusion, postmarked no later than one hundred and twenty (120) days after the Preliminary Approval Date , or as the Court may otherwise direct, to the Claims Administrator at the address on the Notice;
m. Preliminarily enjoins all Settlement Class Members unless and until they have timely excluded themselves from the Settlement Class from: (i) filing, commencing, prosecuting, intervening in or participating as plaintiff, claimant or class member in any other lawsuit or administrative, regulatory, arbitration or other proceeding in any jurisdiction based on, relating to or arising out of the claims and causes of action or the facts and circumstances giving rise to the Litigation and/or the Released Claims arising on or before the Preliminary Approval Date; (ii) filing, commencing or prosecuting a lawsuit or administrative, regulatory, arbitration or other proceeding as a class action on behalf of any Settlement Class Members who have not timely excluded themselves (including by seeking to amend a pending complaint to include class allegations or seeking class certification in a pending action), based on, relating to or arising out of the claims and causes of action or the facts and circumstances giving rise to the Litigation and/or the Released Claims arising on or before the Preliminary Approval Date; and (iii) attempting to effect Opt-Outs of a class of individuals in any lawsuit or administrative, regulatory, arbitration or other proceeding based on, relating to or arising out of the claims and causes of action or the facts and circumstances giving rise to the Litigation and/or the Released Claims. This Agreement is not intended to prevent Settlement Class Members from participating in any action or investigation initiated by a state or federal agency.
n. Orders that any Settlement Class Member who does not submit a timely, written request for exclusion from the Settlement Class (i.e., becomes an Opt-Out) will be bound by all proceedings, orders and judgments in the Litigation, even if such Settlement Class Member has previously initiated or subsequently initiates individual litigation or other proceedings encompassed by the Release;
o. Requires each Settlement Class Member who is not an Opt-Out and who wishes to object to the fairness, reasonableness or adequacy of this Agreement or the proposed Settlement or to the Attorneys’ Fees and Costs to file with the Court and serve on Class Counsel no later than one hundred and twenty (120) days after the Preliminary Approval Date or as the Court may otherwise direct, a statement of the objection signed by the Settlement Class Member containing the information outlined in Section XII, Paragraph 7 above.
p. Provides that any response to an objection shall be filed with the Court no later than seven (7) days before the Fairness Hearing.
q. Specifies that any Settlement Class Member who does not file a timely written objection to the Settlement or who fails to otherwise comply with the requirements of Section XII, Paragraph 7 shall be foreclosed from seeking any adjudication or review of this settlement by appeal or otherwise.
r. Requires that any attorney hired by a Settlement Class Member will be at the Settlement Class Member’s expense for the purpose of objecting to this Agreement, the proposed Settlement, or the Attorneys’ Fees and Costs;
s. Requires that any attorney hired by a Settlement Class Member for the purpose of objecting to the proposed Settlement or to the Attorneys’ Fees and Costs and who intends to make an appearance at the Fairness Hearing to provide to the Claims Administrator (who shall forward it to Class Counsel and Defense Counsel) and to file with the Clerk of the Court a notice of intention to appear no later than the Opt-Out and Objection Date or as the Court may otherwise direct;
t. Requires any Settlement Class Member who files and serves a written objection and who intends to make an appearance at the Fairness Hearing to provide to the Claims Administrator (who shall forward it to Class Counsel and Defense Counsel) and to file with the Clerk of the Court a notice of intention to appear no later than the Opt-Out and Objection Date or as the Court otherwise may direct;
u. Directs the Claims Administrator to establish a post office box in the name of the Claims Administrator to be used for receiving requests for exclusion, objections, notices of intention to appear and any other communications, and providing that only the Claims Administrator, Class Counsel, Defense Counsel, Defendants, the Court, the Clerk of the Court and their designated agents shall have access to this post office box, except as otherwise provided in this Agreement;
v. Directs the Claims Administrator to promptly furnish Class Counsel and Defense Counsel with copies of any and all written requests for exclusion, notices of intention to appear or other communications that come into its possession, except as expressly provided in this Agreement;
w. Directs that Class Counsel shall file their applications for the Attorneys' Fees and Costs and Named Plaintiffs’ Service Awards in accordance with the terms set forth in Section XIII;
x. Orders the Claims Administrator to provide the Opt-Out List to Class Counsel and Defense Counsel no later than one hundred and forty (140) days after the Preliminary Approval Date, and then Plaintiffs’ counsel will file with the Court the Opt-Out List with an affidavit from the Claims Administrator attesting to the completeness and accuracy thereof no later than three (3) business days thereafter or on such other date as the Parties may direct; and
(l) y. Contains any additional provisions agreeable to the Parties that might be necessary or advisable to implement the terms of this Settlement AgreementAgreement and the proposed settlement.
Appears in 1 contract
Sources: Class Action Settlement Agreement
SETTLEMENT APPROVAL PROCESS. 10.1 As soon as practicable A. Within twenty-one (21) days after the execution of this Settlement Agreement, the Parties Settlement Class Representatives and Class Counsel shall jointly submit this Settlement Agreement to move the Court and file a motion for preliminary approval of to enter the settlement, requesting entry of a Preliminary Approval Order in the form attached that is without material alteration from Exhibit A hereto as Exhibit D, or an order substantially similar to such form in both terms and cost, which:
(a) 1. Preliminarily approves this Settlement AgreementSettlement;
(b) Certifies the Settlement Class for settlement purposes only pursuant 2. Directs that notice is provided in a reasonable manner, as set forth herein, to Section 2;
(c) Finds that the proposed Settlement is sufficiently fair, reasonable, and adequate to warrant providing notice to Settlement Class Members;
(d) Appoints the Settlement Administrator in accordance with the provisions
(e) Approves the Notice Program and directs the Settlement Administrator to provide Notice to all Settlement Class Members in accordance with who would be bound by the Notice Program provided for in this Settlement AgreementSettlement;
(f) Approves a customary form of short notice to be sent to Settlement Class Members (the “Short Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of 3. Preliminarily certifies the Settlement set forth in this Settlement Agreement, instructions for how to opt-out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval HearingClass;
(g) Approves 4. Schedules a Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Administrator to conduct Settlement Administration in accordance with the provisions Fairness Hearing on final approval of this Settlement Agreement;
(h) Approves the Opt-Out and Objection procedures as outlined in this Settlement Agreement;
(i) Schedules a Final Approval Hearing Agreement to consider the fairness, reasonableness, and adequacy of the proposed Settlement and whether it should be finally approved by the Court, such Fairness Hearing to be no earlier than one hundred ninety-five (195) days after the Preliminary Approval Date, subject to Court approval;
(j) Appoints Class Counsel5. Finds that the proposed Settlement is sufficiently fair, reasonable and adequate to warrant providing notice to the Settlement Class;
6. Appoints the Settlement Administrator in accordance with the provisions of Section VII;
7. Approves the Short Form and Long Form Notice, the content of which is without material alteration from Exhibits B and D hereto, and directs the Settlement Administrator to disseminate notice in accordance with the Class Notice Program provided for in this Agreement;
8. Approves the Claim Form, the content of which is without material alteration from Exhibit C hereto, and sets a Claim Submission Deadline.
9. Approves the creation of the Settlement Website as defined in Section II(UU) above;
10. Finds that the Class Notice Program implemented pursuant to this Agreement: (ki) Appoints Plaintiffs as is the best practicable notice; (ii) is reasonably calculated, under the circumstances, to apprise Settlement Class Members of the pendency of the Action and of their right to object to or to exclude themselves from the proposed settlement; (iii) is reasonable and constitutes due, adequate and sufficient notice to all persons entitled to receive notice; and (iv) meets all applicable requirements of applicable law;
11. Requires the Settlement Administrator to file proof of maintenance of the Settlement Website at or before the Fairness Hearing;
12. Requires each Settlement Class Member who wishes to be excluded from the Settlement Class to submit an appropriate, timely request for exclusion, postmarked no later than seventy-five (75) days after the Preliminary Approval Date, or as the Court may otherwise direct, to the Settlement Administrator at the address on the Class Notice;
13. Preliminarily enjoins all Settlement Class Members unless and until they have timely excluded themselves from the Settlement Class from: (i) filing, commencing, prosecuting, intervening in or participating as plaintiff, claimant or class member in any other lawsuit or administrative, regulatory, arbitration or other proceeding in any jurisdiction based on, relating to or arising out of the claims and causes of action or the facts and circumstances giving rise to the Action and/or the Released Claims; (ii) filing, commencing or prosecuting a lawsuit or administrative, regulatory, arbitration or other proceeding as a class action on behalf of any Settlement Class Members, regardless of whether or not they have been excluded from the Settlement Class, based on, relating to or arising out of the claims and causes of action or the facts and circumstances giving rise to the Action and/or the Released Claims; and (iii) attempting to effect Opt-Outs of a class of individuals in any lawsuit or administrative, regulatory, arbitration or other proceeding based on, relating to or arising out of the claims and causes of action or the facts and circumstances giving rise to the Action and/or the Released Claims. This Agreement is not intended to prevent Settlement Class Members from participating in any action or investigation initiated by a state or federal agency.
14. Orders that any Settlement Class Member who does not submit a timely, complete, written request for exclusion from the Settlement Class (i.e., becomes an Opt-Out) will be bound by all proceedings, orders and judgments in the Action, even if such Settlement Class Member has previously initiated or subsequently initiates individual litigation or other proceedings encompassed by the Release;
15. Requires each Settlement Class Member who is not an Opt-Out and who wishes to object to the fairness, reasonableness or adequacy of this Agreement or the proposed Settlement or to the Attorneys’ Fees and Costs to file with the Court and serve on Class Counsel no later than seventy-five (75) days after the Preliminary Approval Date or as the Court may otherwise direct, a statement of the objection signed by the Settlement Class Member containing the information outlined in Section X(B) above.
16. Provides that any response to an objection shall be filed with the Court no later than seven (7) days before the Fairness Hearing.
17. Specifies that any Settlement Class Member who does not file a timely, complete, written objection to the Settlement or who fails to otherwise comply with the requirements of Section X shall be foreclosed from seeking any adjudication or review of this settlement by appeal or otherwise.
18. Requires that fees and expenses owed to any attorney hired by a Settlement Class Member will be at the Settlement Class Member’s expense for the purpose of objecting to this Agreement, the proposed Settlement, or the Attorneys’ Fees and Costs;
19. Requires that any attorney hired by a Settlement Class Member for the purpose of objecting to the proposed Settlement or to the Attorneys’ Fees and Costs and who intends to make an appearance at the Fairness Hearing to provide to the Settlement Administrator (who shall forward it to Class Counsel and Counsel for the BMW Defendants) and to file with the Clerk of the Court a notice of intention to appear no later than the Opt-Out and Objection Date or as the Court may otherwise direct;
20. Requires any Settlement Class Member who files and serves a written objection and who intends to make an appearance at the Fairness Hearing to provide to the Settlement Administrator (who shall forward it to Class Counsel and Counsel for the BMW Defendants) and to file with the Clerk of the Court a notice of intention to appear no later than the Opt-Out and Objection Date or as the Court otherwise may direct;
21. Directs the Settlement Administrator to establish a post office box in the name of the Settlement Administrator to be used for receiving requests for exclusion, objections, notices of intention to appear and any other communications, and providing that only the Settlement Administrator, Class Counsel, the BMW Defendants’ Counsel, the BMW Defendants, the Court, the Clerk of the Court and their designated agents shall have access to this post office box, except as otherwise provided in this Agreement;
22. Directs the Settlement Administrator to promptly furnish Class Counsel and Counsel for the BMW Defendants with copies of any and all written requests for exclusion, notices of intention to appear or other communications that come into its possession, except as expressly provided in this Agreement;
23. Directs that Class Counsel shall file their applications for the Attorneys' Fees and Costs and Settlement Class Representatives’ Service Awards in accordance with the terms set forth in Section XI;
24. Orders the Settlement Administrator to provide the Opt-Out List to Class Counsel and Counsel for the BMW Defendants no later than seven (7) days after the Opt-Out and Objection Date, and then Class Counsel will file with the Court the Opt-Out List with an affidavit from the Settlement Administrator attesting to the completeness and accuracy thereof no later than three (3) business days thereafter or on such other date as the Parties may direct; and
(l) 25. Contains any additional provisions agreeable to the Parties that might be necessary or advisable to implement the terms of this Settlement AgreementAgreement and the proposed settlement.
Appears in 1 contract
Sources: Class Action Settlement Agreement
SETTLEMENT APPROVAL PROCESS. 10.1 As soon as practicable after After execution of this Settlement Agreement, the Parties shall jointly submit this Settlement Agreement to promptly move the Court and file a motion for preliminary approval of to enter the settlement, requesting entry of a Preliminary Approval Order in the form attached hereto as that is without material alteration from Exhibit D, or an order substantially similar to such form in both terms and costF hereto, which:
(a) A. Preliminarily approves this Settlement Agreement;
(b) Certifies B. Preliminarily certifies the Settlement Class for settlement purposes only pursuant to Section 2Class;
(c) C. Finds that the proposed Settlement Agreement is sufficiently fair, reasonable, reasonable and adequate to warrant providing notice to the Settlement Class MembersClass;
(d) Appoints the Settlement Administrator in accordance with the provisions
(e) Approves the Notice Program and directs the Settlement Administrator to provide Notice to Settlement Class Members in accordance with the Notice Program provided for in this Settlement Agreement;
(f) Approves a customary form of short notice to be sent to Settlement Class Members (the “Short Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of the Settlement set forth in this Settlement Agreement, instructions for how to opt-out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval Hearing;
(g) Approves a Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Administrator to conduct Settlement Administration in accordance with the provisions of this Settlement Agreement;
(h) Approves the Opt-Out and Objection procedures as outlined in this Settlement Agreement;
(i) D. Schedules a Final Approval Hearing on final approval of this Settlement Agreement to consider the its fairness, reasonableness, and adequacy of the proposed Settlement adequacy, and whether it should be finally approved by the Court, which Final Approval Hearing shall take place not less than one hundred and fifty (150) Days after the Preliminary Approval Date;
(j) E. Appoints Class Counselthe Settlement Administrator in accordance with Section III, Paragraph C of this Settlement Agreement;
(k) Appoints Plaintiffs as F. Approves the Class Notice, and directs the Settlement Administrator to disseminate the Class Notice in accordance with the Settlement Class Representatives; andNotice Program;
G. Finds that the Settlement Class Notice Program: (l1) Contains is the best practicable notice under the circumstances, (2) will fairly apprise the Settlement Class of the pendency of the Action, of the right to object to or Opt-Out of the proposed Settlement Agreement, of the right of any additional provisions agreeable Person in the Settlement Class who has not Opted-Out to appear at the Parties that might be necessary Final Approval Hearing, and of the right to seek monetary and other relief, (3) constitutes reasonable, due, adequate, and sufficient notice to all Persons entitled to receive notice, and (4) meets all requirements of due process and any other applicable law.
H. Requires the Settlement Administrator to file proof of compliance with the Settlement Class Notice Program at or advisable before the Final Approval Hearing;
I. Approves the Claim Form, the content of which is without material alteration from Exhibit A to implement this Settlement Agreement, and sets a Claim Deadline;
J. Approves the creation of the Settlement Website in accordance with the terms of this Settlement Agreement.;
K. Requires any Person in the Settlement Class who wishes to exclude himself or herself from the Settlement Class to submit an appropriate, timely request for exclusion, postmarked or submitted electronically no later than the Opt-Out And Objection Date, or as the Court may otherwise direct, to the Settlement Administrator at the address on the Class Notice;
L. Orders that any Person in the Settlement Class who does not Opt-Out will be bound by all proceedings, orders, and judgments in the action, even if such Settlement Class Member has previously initiated or subsequently initiates an individual Action or other proceedings encompassed by the Release;
M. Requires any Settlement Class Member who wishes to object to the fairness, reasonableness or adequacy of this Settlement Agreement (the “Objector”) to file with the Court and serve on Settlement Class Counsel and RAW FARM’s Counsel no later than the Opt-Out And Objection Date, or as the Court may otherwise direct, a statement of the objection signed by the Settlement Class Member containing all of the following information:
1. The Objector’s full name, address, email and telephone number;
2. A signed declaration that he or she is a Person in the Settlement Class;
3. A written statement of all grounds for the objection and any supporting documentation;
4. A statement of whether the Objector intends to appear at the Final Approval Hearing; and
5. If the Objector intends to appear at the Final Approval Hearing through counsel, the objection must also identify the attorney representing the Objector who will appear at the Final Approval Hearing;
N. Orders that any response to an objection shall be filed with the Court no later than seven (7) Days prior to the Final Approval Hearing;
O. Specifies that any Settlement Class Member who does not file a timely written objection to the Settlement Agreement or who fails to otherwise comply with the requirements of Paragraph VII.C of this Settlement Agreement shall be foreclosed from seeking any adjudication or review of this Settlement Agreement by appeal or otherwise;
P. Requires that any attorney hired by a Settlement Class Member for the purpose of objecting to the proposed Settlement Agreement, the Attorneys’ Fees and Costs Award, or the Service Award(s), and who intends to make an appearance at the Final Approval Hearing, must provide to the Settlement Administrator (who shall forward it to Settlement Class Counsel and RAW FARM’s Counsel) and must file with the Clerk of the Court a notice of intention to appear no later than the Opt-Out And Objection Date or as the Court may otherwise direct;
Q. Directs the Settlement Administrator to establish a post office box in the name of the Settlement Administrator to be used for receiving requests for exclusion and any other communications, and providing that only the Settlement Administrator, Settlement Class Counsel, RAW FARM’s Counsel, the Court, the Clerk of the Court and their designated agents shall have access to this post office box, except as otherwise provided in this Settlement Agreement;
R. Directs that Settlement Class Counsel shall file their applications for the Attorneys’ Fees and Costs Award and Service Award(s) in accordance with the terms set forth in Section VI of this Settlement Agreement; S. Orders the Settlement Administrator to provide the Opt-Out List to Settlement Class Counsel and RAW FARM’s Counsel no later than fourteen (14) Days after the Opt-Out And Objection Date, and then file with the Court the Opt-Out List with an affidavit attesting to the completeness and accuracy thereof no later than ten (10) Days thereafter or on such other date as the Parties may direct;
Appears in 1 contract
Sources: Settlement Agreement
SETTLEMENT APPROVAL PROCESS. 10.1 As soon as practicable after execution of this Settlement Agreement, the Parties shall jointly submit this Settlement Agreement to the Court and file a motion for preliminary approval of the settlement, 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, which:
(a) Preliminarily approves this Settlement Agreement;
(b) Certifies the Settlement Class for settlement purposes only pursuant to Section 2;
(c) Finds that the proposed Settlement is sufficiently fair, reasonable, and adequate to warrant providing notice to Settlement Class Members;
(d) Appoints the Settlement Administrator in accordance with the provisionsprovisions of Paragraph 4.2;
(e) Approves the Notice Program and directs the Settlement Administrator and New London Hospital to provide Notice notice to Settlement Class Members in accordance with the Notice Program provided for in this Settlement Agreement;
(f) Approves a customary form of short notice to be sent mailed to Settlement Class Members (the “Short Short-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Long-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of the Settlement set forth in this Settlement Agreement, instructions for how to opt-object to or opt- out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval Hearing;
(g) Approves a Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Administrator to conduct Settlement Claims Administration in accordance with the provisions of this Settlement Agreement;
(h) Approves the Opt-Out and Objection procedures as outlined in this Settlement Agreement;
(i) Schedules a Final Approval Hearing to consider the fairness, reasonableness, and adequacy of the proposed Settlement and whether it should be finally approved by the Court;
(j) Appoints Settlement Class Counsel;
(k) Appoints Plaintiffs Plaintiff as the Settlement Class RepresentativesRepresentative;
(l) Appoints a Person proposed by the Parties to serve as Claims Referee; and
(lm) Contains any additional provisions agreeable to the Parties that might be necessary or advisable to implement the terms of this Settlement Agreement.
Appears in 1 contract
Sources: Settlement Agreement
SETTLEMENT APPROVAL PROCESS. 10.1 As soon as practicable after execution of this Settlement Agreement, the Parties shall jointly submit this Settlement Agreement to the Court and file a motion for preliminary approval of the settlement, 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, which:
(a) Preliminarily approves this Settlement Agreement;
(b) Certifies the Settlement Class for settlement purposes only pursuant to Section 2;
(c) Finds that the proposed Settlement is sufficiently fair, reasonable, and adequate to warrant providing notice to Settlement Class Members;
(d) Appoints the Settlement Administrator in accordance with the provisionsprovisions of Paragraph 4.2;
(e) Approves the Notice Program and directs the Settlement Administrator and ▇▇▇▇-▇▇▇▇▇▇ to provide Notice to Settlement Class Members in accordance with the Notice Program provided for in this Settlement Agreement;
(f) Approves a customary form of short notice to be sent mailed to Settlement Class Members (the “Short Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of the Settlement set forth in this Settlement Agreement, instructions for how to opt-out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval Hearing;
(g) Approves a Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Administrator to conduct Settlement Claims Administration in accordance with the provisions of this Settlement Agreement;
(h) Approves the Opt-Out and Objection procedures as outlined in this Settlement Agreement;
(i) Schedules a Final Approval Hearing to consider the fairness, reasonableness, and adequacy of the proposed Settlement and whether it should be finally approved by the Court;
(j) Appoints Settlement Class Counsel;
(k) Appoints Plaintiffs Plaintiff as the Settlement Class RepresentativesRepresentative; and
(l) Contains any additional provisions agreeable to the Parties that might be necessary or advisable to implement the terms of this Settlement Agreement.
Appears in 1 contract
Sources: Settlement Agreement
SETTLEMENT APPROVAL PROCESS. 10.1 As soon as practicable after execution of this Settlement Agreement, the Parties shall jointly submit this Settlement Agreement to the Court and file a motion for preliminary approval of the settlement, 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, which:
(a) Preliminarily approves this Settlement Agreement;
(b) Certifies the Settlement Class for settlement purposes only pursuant to Section 2;
(c) Finds that the proposed Settlement is sufficiently fair, reasonable, and adequate to warrant providing notice to Settlement Class Members;
(d) Appoints the Settlement Administrator in accordance with the provisionsprovisions of Paragraph 4.2;
(e) Approves the Notice Program and directs the Settlement Administrator and Mercy to provide Notice notice to Settlement Class Members in accordance with the Notice Program provided for in this Settlement Agreement;
(f) Approves a customary form of short notice to be sent mailed to Settlement Class Members (the “Short Short-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Long-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of the Settlement set forth in this Settlement Agreement, instructions for how to opt-object to or opt- out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval Hearing;
(g) Approves a Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Administrator to conduct Settlement Claims Administration in accordance with the provisions of this Settlement Agreement;
(h) Approves the Opt-Out and Objection procedures as outlined in this Settlement Agreement;
(i) Schedules a Final Approval Hearing to consider the fairness, reasonableness, and adequacy of the proposed Settlement and whether it should be finally approved by the Court;
(j) Appoints Settlement Class Counsel;
(k) Appoints Plaintiffs Plaintiff as the Settlement Class RepresentativesRepresentative;
(l) Appoints a Person proposed by the Parties to serve as Claims Referee; and
(lm) Contains any additional provisions agreeable to the Parties that might be necessary or advisable to implement the terms of this Settlement Agreement.
Appears in 1 contract
Sources: Settlement Agreement
SETTLEMENT APPROVAL PROCESS. 10.1 As soon as practicable after After execution of this Settlement Agreement, the Parties shall jointly submit this Settlement Agreement to promptly move the Court and file a motion for preliminary approval of to enter the settlement, requesting entry of a Preliminary Approval Order in the form attached hereto as that is without material alteration from Exhibit D, or an order substantially similar to such form in both terms and costC hereto, which:
(a) A. Preliminarily approves this Settlement Agreement;
(b) Certifies B. Preliminarily certifies the Settlement Class for settlement purposes only pursuant to Section 2Class;
(c) C. Finds that the proposed Settlement Agreement is sufficiently fair, reasonable, reasonable and adequate to warrant providing notice to the Settlement Class MembersClass;
(d) Appoints the Settlement Administrator in accordance with the provisions
(e) Approves the Notice Program and directs the Settlement Administrator to provide Notice to Settlement Class Members in accordance with the Notice Program provided for in this Settlement Agreement;
(f) Approves a customary form of short notice to be sent to Settlement Class Members (the “Short Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of the Settlement set forth in this Settlement Agreement, instructions for how to opt-out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval Hearing;
(g) Approves a Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Administrator to conduct Settlement Administration in accordance with the provisions of this Settlement Agreement;
(h) Approves the Opt-Out and Objection procedures as outlined in this Settlement Agreement;
(i) D. Schedules a Final Approval Hearing on final approval of this Settlement Agreement to consider the its fairness, reasonableness, and adequacy of the proposed Settlement adequacy, and whether it should be finally approved by the Court, which Final Approval Hearing shall take place not less than one hundred and fifty- four (154) Days after the Preliminary Approval Date;
(j) E. Appoints Class Counselthe Settlement Administrator in accordance with Section III, Paragraph C of this Settlement Agreement;
(k) Appoints Plaintiffs as F. Approves the Class Notice, and directs the Settlement Administrator to disseminate the Class Notice in accordance with the Settlement Class Representatives; andNotice Program;
G. Finds that the Settlement Class Notice Program: (l1) Contains is the best practicable notice under the circumstances, (2) will fairly apprise the Settlement Class of the pendency of the Litigation, of the right to object to or Opt-Out of the proposed Settlement Agreement, of the right of any additional provisions agreeable Person in the Settlement Class who has not Opted-Out to appear at the Parties that might be necessary Final Approval Hearing, and of the right to seek monetary and other relief, (3) constituted reasonable, due, adequate, and sufficient notice to all Persons entitled to receive notice, and (4) meets all requirements of due process and any other applicable law.
H. Requires the Settlement Administrator to file proof of compliance with the Settlement Class Notice Program at or advisable before the Final Approval Hearing;
I. Approves the Claim Form, the content of which is without material alteration from Exhibit A to implement this Settlement Agreement, and sets a Claim Deadline;
J. Approves the creation of the Settlement Website in accordance with the terms of this Settlement Agreement.;
▇. Requires any Person in the Settlement Class who wishes to exclude himself or herself from the Settlement Class to submit an appropriate, timely request for exclusion, postmarked or submitted electronically no later than the Opt-Out And Objection Date, or as the Court may otherwise direct, to the Settlement Administrator at the address on the Class Notice;
L. Orders that any Person in the Settlement Class who does not Opt-Out will be bound by all proceedings, orders, and judgments in the Litigation, even if such Settlement Class Member has previously initiated or subsequently initiates individual litigation or other proceedings encompassed by the Release;
M. Requires any Settlement Class Member who wishes to object to the fairness, reasonableness or adequacy of this Settlement Agreement (the “Objector”) to file with the Court and serve on Settlement Class Counsel and FoodState’s Counsel no later than the Opt-Out And Objection Date, or as the Court may otherwise direct, a statement of the objection signed by the Settlement Class Member containing all of the following information:
1. The Objector’s full name, address, and telephone number;
2. A signed declaration that he or she is a Person in the Settlement Class;
Appears in 1 contract
Sources: Settlement Agreement
SETTLEMENT APPROVAL PROCESS. 10.1 As soon as practicable after execution of this Settlement Agreement, the Parties shall jointly submit this Settlement Agreement to the ▇▇▇▇▇▇▇▇▇▇ Court and Plaintiffs will file a motion for preliminary approval of the settlementsettlement in the ▇▇▇▇▇▇▇▇▇▇ Lawsuit, requesting entry of a Preliminary Approval Order Order, in the form attached hereto as Exhibit D, or an order substantially Electronically Filed - St Louis County - June 15, 2023 - 04:12 PM similar to such form in both terms and cost, which:
(a) Preliminarily approves this Settlement Agreement;
(b) Certifies the Settlement Class for settlement purposes only pursuant to Section 2;
(c) Finds that the proposed Settlement is sufficiently fair, reasonable, and adequate to warrant providing notice to Settlement Class Members;
(d) Appoints the Settlement Administrator in accordance with the provisionsprovisions of Paragraph 4.2; Electronically Filed - St Louis County - June 15, 2023 - 04:12 PM
(e) Approves the Notice Program and directs the Settlement Administrator and ▇▇▇▇▇▇▇▇ to provide Notice to Settlement Class Members in accordance with the Notice Program provided for in this Settlement Agreement;
(f) Approves a customary form of short notice to be sent mailed to Settlement Class Members (the “Short Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of the Settlement set forth in this Settlement Agreement, instructions for how to opt-out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval Hearing;
(g) Approves a Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Administrator to conduct Settlement Administration in accordance with the provisions of this Settlement Agreement;
(h) Approves the Opt-Out and Objection procedures as outlined in this Settlement Agreement;
(i) Schedules a Final Approval Hearing to consider the fairness, reasonableness, and adequacy of the proposed Settlement and whether it should be finally approved by the ▇▇▇▇▇▇▇▇▇▇ Court;
(j) Appoints Settlement Class CounselCounsel in the ▇▇▇▇▇▇▇▇▇▇ Lawsuit;
(k) Appoints Plaintiffs as the Settlement Class RepresentativesRepresentatives in the Electronically Filed - St Louis County - June 15, 2023 - 04:12 PM
(l) Requests the ▇▇▇▇▇▇▇▇▇▇ Court issue a stay of the action or otherwise adjourn litigation deadlines pending Final Approval of the Settlement; and
(lm) Contains any additional provisions agreeable to the Parties that might be necessary or advisable to implement the terms of this Settlement Agreement.
Appears in 1 contract
Sources: Release and Settlement Agreement
SETTLEMENT APPROVAL PROCESS. 10.1 As soon as practicable after execution of this Settlement Agreement, the Parties shall jointly submit this Settlement Agreement to the Court and file a motion for preliminary approval of the settlement, 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, which:
(a) Preliminarily approves this Settlement Agreement;
(b) Certifies the Settlement Class for settlement purposes only pursuant to Section 2;
(c) Finds that the proposed Settlement is sufficiently fair, reasonable, and adequate to warrant providing notice to Settlement Class Members;
(d) Appoints the Settlement Administrator in accordance with the provisionsprovisions of Paragraph 4.2; Electronically Filed - ▇▇▇▇▇▇▇ - Kansas City - December 30, 2020 - 01:40 PM
(e) Approves the Notice Program and directs the Settlement Administrator and ▇▇▇▇▇▇ to provide Notice notice to Settlement Class Members in accordance with the Notice Program provided for in this Settlement Agreement;
(f) Approves a customary form of short notice to be sent mailed to Settlement Class Members (the “Short Short-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Long-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of the Settlement set forth in this Settlement Agreement, instructions for how to opt-object to or opt- out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval Hearing;
(g) Approves a Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Administrator to conduct Settlement Claims Administration in accordance with the provisions of this Settlement Agreement;
(h) Approves the Opt-Out and Objection procedures as outlined in this Settlement Agreement;
(i) Schedules a Final Approval Hearing to consider the fairness, reasonableness, and adequacy of the proposed Settlement and whether it should be finally approved by the Court;
(j) Appoints Settlement Class Counsel;
(k) Appoints Plaintiffs Plaintiff as the Settlement Class Representatives; andRepresentative;
(l) Appoints a Person proposed by the Parties to serve as Claims Referee; and Electronically Filed - ▇▇▇▇▇▇▇ - Kansas City - December 30, 2020 - 01:40 PM
(m) Contains any additional provisions agreeable to the Parties that might be necessary or advisable to implement the terms of this Settlement Agreement.
Appears in 1 contract
Sources: Settlement Agreement
SETTLEMENT APPROVAL PROCESS. 10.1 As soon as practicable after Within thirty (30) Days of the full execution of this Settlement Agreement, the Parties Plaintiff and Settlement Class Counsel shall jointly submit this Settlement Agreement to move the Court and file a motion for preliminary approval of to enter the settlement, requesting entry of a Preliminary Approval Order in the form attached hereto as that is without material alteration from Exhibit D, or an order substantially similar to such form in both terms and costE hereto, which:
(a) A. Preliminarily approves this Settlement Agreement;
(b) Certifies B. Preliminarily certifies the Settlement Class for settlement purposes only pursuant to Section 2Class;
(c) C. Finds that the proposed Settlement Agreement is sufficiently fair, reasonable, reasonable and adequate to warrant providing notice to the Settlement Class MembersClass;
(d) Appoints the Settlement Administrator in accordance with the provisions
(e) Approves the Notice Program and directs the Settlement Administrator to provide Notice to Settlement Class Members in accordance with the Notice Program provided for in this Settlement Agreement;
(f) Approves a customary form of short notice to be sent to Settlement Class Members (the “Short Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of the Settlement set forth in this Settlement Agreement, instructions for how to opt-out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval Hearing;
(g) Approves a Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Administrator to conduct Settlement Administration in accordance with the provisions of this Settlement Agreement;
(h) Approves the Opt-Out and Objection procedures as outlined in this Settlement Agreement;
(i) D. Schedules a Final Approval Hearing on final approval of this Settlement Agreement to consider the its fairness, reasonableness, and adequacy of the proposed Settlement adequacy, and whether it should be finally approved by the Court, which Final Approval Hearing shall take place not less than one hundred (100) Days after the Preliminary Approval Date;
(j) E. Appoints Class Counselthe Settlement Administrator in accordance with Section III, Paragraph D of this Settlement Agreement;
(k) Appoints Plaintiffs as F. Approves the Class Notice, and directs the Settlement Administrator to disseminate the Class Notice in accordance with the Settlement Class Representatives; andNotice Program;
G. Finds that the Settlement Class Notice Program: (l1) Contains is the best practicable notice under the circumstances, (2) will fairly apprise the Settlement Class of the pendency of the Action, of the right to object to or Opt-Out of the proposed Settlement Agreement, of the right of any additional provisions agreeable Person in the Settlement Class who has not Opted-Out to appear at the Parties that might be necessary Final Approval Hearing, and of the right to seek monetary and other relief, (3) constitutes reasonable, due, adequate, and sufficient notice to all Persons entitled to receive notice, and (4) meets all requirements of due process and any other applicable law.
H. Requires the Settlement Administrator to file proof of compliance with the Settlement Class Notice Program at or advisable to implement before the Final Approval Hearing;
I. Approves the Claim Form, and sets a Claim Deadline;
J. Approves the creation of the Settlement Website in accordance with the terms of this Settlement Agreement.;
▇. Requires any Person in the Settlement Class who wishes to exclude himself or herself from the Settlement Class to submit an appropriate, timely request for exclusion, postmarked or submitted electronically no later than the Opt-Out And Objection Date, or as the Court may otherwise direct, to the Settlement Administrator at the address on the Class Notice;
L. Orders that any Person in the Settlement Class who does not Opt-Out will be bound by all proceedings, orders, and judgments in the action, even if such Settlement Class Member has previously initiated or subsequently initiates an individual Action or other proceedings encompassed by the Release;
M. Requires any Settlement Class Member who wishes to object to the fairness, reasonableness or adequacy of this Settlement Agreement (the “Objector”) to file with the Court and serve on Settlement Class Counsel and NutriBullet’s Counsel no later than the Opt- Out And Objection Date, or as the Court may otherwise direct, a statement of the objection signed by the Settlement Class Member containing all of the following information:
1. The Objector’s full name, address, and telephone number;
2. A signed declaration that he or she is a Person in the Settlement Class;
Appears in 1 contract
Sources: Settlement Agreement
SETTLEMENT APPROVAL PROCESS. 10.1 101. As soon as practicable after execution of this Settlement Agreement, the Parties shall jointly submit this Settlement Agreement to the Court and file a motion for preliminary approval of the settlement, 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, which:
(a) Preliminarily approves this Settlement Agreement;
(b) Certifies the Settlement Class for settlement purposes only pursuant to Section 2Paragraph 47;
(c) Finds that the proposed Settlement is sufficiently fair, reasonable, and adequate to warrant providing notice to Settlement Class Members;
(d) Appoints the Settlement Administrator in accordance with the provisionsprovisions of Section V;
(e) Approves the Notice Program and directs the Settlement Administrator to provide Notice notice to Settlement Class Members in accordance with the Notice Program provided for in this Settlement Agreement;
(f) Approves a customary form of short notice to be sent mailed to Settlement Class Members (the “Short Short-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Long-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of the Settlement set forth in this Settlement Agreement, instructions for how to object to or opt-out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval Hearing;
(g) Approves a Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Administrator to conduct Settlement Claims Administration in accordance with the provisions of this Settlement Agreement;
(h) Approves the Opt-Out and Objection procedures as outlined in this Settlement Agreement;
(i) Schedules a Final Approval Hearing to consider the fairness, reasonableness, and adequacy of the proposed Settlement and whether it should be finally approved by the Court;
(j) Appoints Class Counsel;
(k) Appoints Plaintiffs Plaintiff as the Settlement Class Representativesclass representative;
(l) Appoints a Person proposed by the Parties to serve as Claims Referee; and
(lm) Contains any additional provisions agreeable to the Parties that might be necessary or advisable to implement the terms of this Settlement AgreementAgreement and the proposed settlement.
Appears in 1 contract
Sources: Settlement Agreement
SETTLEMENT APPROVAL PROCESS. 10.1 As soon as practicable after execution of this Settlement Agreement, the Parties shall jointly submit this Settlement Agreement to the Court and file a motion for preliminary approval of the settlementsettlement in the Lawsuit, requesting entry of a Preliminary Approval Order Order, in the form attached hereto as Exhibit D, or an order substantially similar to such form in both terms and cost, which:
(a) Preliminarily approves this Settlement Agreement;
(b) Certifies the Settlement Class for settlement purposes only pursuant to Section 2;
(c) Finds that the proposed Settlement is sufficiently fair, reasonable, and adequate to warrant providing notice to Settlement Class Members;
(d) Appoints the Settlement Administrator in accordance with the provisionsprovisions of Paragraph 4.2;
(e) Approves the Notice Program and directs the Settlement Administrator and Squirrel Hill to provide Notice to Settlement Class Members in accordance with the Notice Program provided for in this Settlement Agreement;
(f) Approves a customary form of short notice to be sent mailed to Settlement Class Members (the “Short Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of the Settlement set forth in this Settlement Agreement, instructions for how to opt-out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval Hearing;
(g) Approves a Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Administrator to conduct Settlement Administration in accordance with the provisions of this Settlement Agreement;
(h) Approves the Opt-Out and Objection procedures as outlined in this Settlement Agreement;
(i) Schedules a Final Approval Hearing to consider the fairness, reasonableness, and adequacy of the proposed Settlement and whether it should be finally approved by the Court;
(j) Appoints Settlement Class CounselCounsel in the Lawsuit;
(k) Appoints Plaintiffs Plaintiff as the Settlement Class RepresentativesRepresentative in the Lawsuit; and
(l) Contains any additional provisions agreeable to the Parties that might be necessary or advisable to implement the terms of this Settlement Agreement.
Appears in 1 contract
Sources: Settlement Agreement
SETTLEMENT APPROVAL PROCESS. 10.1 As soon as practicable after execution of this Settlement Agreement, the Parties shall jointly submit this Settlement Agreement to the Court and file a motion for preliminary approval of the settlement, 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, which:
(a) Preliminarily approves this Settlement Agreement;
(b) Certifies the Settlement Class for settlement purposes only pursuant to Section 2;
(c) Finds that the proposed Settlement is sufficiently fair, reasonable, and adequate to warrant providing notice to Settlement Class Members;
(d) Appoints the Settlement Claims Administrator in accordance with the provisionsprovisions supra;
(e) Approves the Notice Program and directs the Settlement Claims Administrator and PracticeMax to provide Notice to Settlement Class Members in accordance with the Notice Program provided for in this Settlement Agreement;
(f) Approves a customary form of short notice to be sent mailed to Settlement Class Members (the “Short Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of the Settlement set forth in this Settlement Agreement, instructions for how to opt-out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval Hearing;
(g) Approves a Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Claims Administrator to conduct Settlement Claims Administration in accordance with the provisions of this Settlement Agreement;
(h) Approves the Opt-Out and Objection procedures as outlined in this Settlement Agreement;
(i) Schedules a Final Approval Hearing to consider the fairness, reasonableness, and adequacy of the proposed Settlement and whether it should be finally approved by the Court;
(j) Appoints Settlement Class Counsel;
(k) Appoints Plaintiffs as the Settlement Class RepresentativesRepresentative; and
(l) Contains any additional provisions agreeable to the Parties that might be necessary or advisable to implement the terms of this Settlement Agreement.
Appears in 1 contract
Sources: Settlement Agreement
SETTLEMENT APPROVAL PROCESS. 10.1 As soon as practicable after 59. After execution of this Settlement Agreement, the Parties Plaintiffs shall jointly submit this Settlement Agreement to promptly move the Court and file a motion for preliminary approval of to enter the settlement, requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit DOrder, or an order substantially similar which ▇▇▇▇▇▇▇▇▇ agrees not to such form in both terms oppose, and cost, which:
(a) Preliminarily approves this Settlement Agreement;
(b) Certifies the Settlement Class for settlement purposes only pursuant to Section 2Class;
(c) Finds that the proposed Settlement is sufficiently fair, reasonable, adequate, and adequate to warrant providing notice to in the best interests of the Settlement Class MembersClass;
(d) Finds that the Notice Program constitutes valid, due and sufficient notice to the Settlement Class Members, and constitutes the best notice practicable under the circumstances, complying fully with the requirements of the laws of New York, the Constitution of the United States, and any other applicable law and that no further notice to the Class is required;
(e) Appoints the Settlement Administrator in accordance with the provisionsprovisions of Section V;
(ef) Approves the Notice Program and directs Directs the Settlement Administrator to provide Notice notice to Settlement Class Members in accordance with the Notice Program provided for in this Settlement Agreement;
(f) Approves a customary form of short notice to be sent to Settlement Class Members (the “Short Form Notice”) in a form substantially similar to the one attached hereto as Exhibit A and a customary long form of notice (“Long Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of the Settlement set forth in this Settlement Agreement, instructions for how to opt-out of or object to the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Approval Hearing;
(g) Approves a the Claim Form substantially similar to that attached hereto as Exhibit C, and directs the Settlement Administrator to conduct administer the Settlement Administration in accordance with the provisions of this Settlement Agreement;
(h) Approves the Opt-Out and Objection procedures as outlined in this Settlement Agreement;
(i) Schedules a Final Approval Hearing to consider the fairnessFinal Approval, reasonableness, reasonableness and adequacy of the proposed Settlement and whether it should be finally approved by the Court;; and,
(j) Appoints Class Counsel;
(k) Appoints Plaintiffs as the Settlement Class Representatives; and
(l) Contains any additional provisions agreeable to the Parties that might be necessary or advisable to implement the terms of this Settlement AgreementAgreement and the proposed settlement.
Appears in 1 contract
Sources: Settlement Agreement