The Preliminary Approval Order Clause Samples

The Preliminary Approval Order and the Final Approval Order are not entered by the Court in substantially the form submitted by the Settling Parties or in a form which is otherwise agreed to by the Settling Parties; or

The Preliminary Approval Order. 5. As soon as practicable after the execution of this Settlement Agreement, the parties shall present this Settlement Agreement to the Court. The parties will request by joint motion that the Court enter a preliminary approval order, which shall accomplish the following: a. Find that the requirements of Federal Rule of Civil Procedure 23, 29 U.S.C. § 216(b), and any other requirements for certification of the NYLL Class and FLSA Collective have been satisfied and that both the NYLL Class and the FLSA Collective shall be certified; b. Provide that the Settlement’s terms shall apply to the Plaintiffs (i.e., the NYLL Class and the FLSA Collective) and the Defendants; c. Preliminarily approve the Agreement as fair, reasonable, and adequate; d. Find that the notice procedure set forth in the Agreement satisfies the requirements of due process and applicable law and procedure; e. Apprise Plaintiffs of their right to “Opt-out,” or object to the Settlement; f. Set the time period for submitting a completed Claim Form, Opting-out, or filing objections, such date to be no more than sixty (60) days after the date of mailing the Notice Packet, defined below, to members of the Settlement Class; g. Set a date for the hearing at which the Court will finally determine the fairness, reasonableness, and adequacy of the proposed Settlement (the “Final Fairness Hearing”), such date to be not more than thirty (30) days after the deadline for Class Members to timely submit completed Claim Forms, Opt-out, or file objections; h. Appoint Named Plaintiff ▇▇. ▇▇▇▇▇▇ as the Class Representative for the NYLL Class; and i. Appoint ▇▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ of The ▇▇▇▇▇▇▇▇ Firm, P.C. as class counsel to the NYLL Class. 6. In the event the Court disapproves or sets aside this Agreement, or any material part hereof, for any reason, then the parties will either jointly agree to accept the Agreement as judicially modified or engage in good faith negotiations in an effort to jointly agree to modify the Agreement for resubmission to the Court for approval. If such negotiations prove unsuccessful, then any party may declare this Agreement null and void, and the Action will proceed, and the parties will seek a new scheduling order from the Court. Such declaration shall only be made following fourteen (14) days’ notice by such party to the other party of its intention to declare the Agreement null and void. The parties may agree by stipulation executed by counsel to modifications to this Agreement...

The Preliminary Approval Order. 11.1. The Parties will submit this Agreement to the Court within ten days of signing it; and 11.2. The Parties will request that the Court enter the Preliminary Approval Order.

The Preliminary Approval Order and Notice Plan shall advise prospective Class Members of their rights to file a Claim; to exclude themselves from the Settlement, forego the benefits of this Settlement and reserve the right to pursue an individual claim; to object to this settlement individually or through counsel; and to appear at the Final Approval Hearing. The proposed Preliminary Approval order and Long Form Notice will provide that any Settlement Class Members wishing to object or exclude themselves who fail to properly or timely file or serve any of the requested information and/or documents will be precluded from doing so.

The Preliminary Approval Order attached hereto as Exhibit A, shall provide that requests for exclusion shall be received no later than twenty-one (21) calendar days prior to the Settlement Hearing. Upon receiving any request for exclusion pursuant to the Notice, Lead Counsel shall promptly, and in no event no later than three (3) calendar days after receiving a request for exclusion or fifteen (15) calendar days prior to the Settlement Hearing, whichever is earlier, notify the Individual Defendants’ Counsel of such request for exclusion and provide copies of such request for exclusion and any documentation accompanying it by email.

The Preliminary Approval Order. After execution of this Settlement, the Parties will request the Court to enter the Preliminary Approval Order, substantially in the form of Exhibit A to this Settlement, providing for, inter alia, preliminary approval of, notice of, and hearing on the proposed Settlement (“Fairness Hearing”). The Fairness Hearing will occur at a date and time designated by the Court, but no sooner than one hundred twenty-five (125) days after the Preliminary Approval Order is entered by the Court (to account for the CAFA Notices and other interim steps described herein). The Preliminary Approval Order will, inter alia, specifically include provisions that:

The Preliminary Approval Order. As soon as practicable after the execution of this Settlement Agreement, Plaintiff shall present this Settlement Agreement to the Court and request by unopposed motion that the Court enter an order substantially in the form and content of Exhibit A (the “Preliminary Approval Order”): (a) preliminarily approving the Settlement; (b) granting preliminary certification of the Settlement Class solely for the purposes of the Settlement, and appointing Plaintiff as Class Representative and Plaintiff’s counsel as Class Counsel for purposes of such preliminary certification; (c) approving for distribution the class notice substantially in the form and content of Exhibit B (the “Class Notice”); and (d) setting a time and date for the final hearing for the court to approve the Settlement (the “Final Fairness Hearing”). If the Court rejects or materially alters the parties’ agreed-upon proposed Preliminary Approval Order or Class Notice, the parties will have the option of voiding the Settlement in its entirety if the parties are unable, after good faith negotiations, to agree on a form of Preliminary Approval Order and Class Notice acceptable to the Court.

The Preliminary Approval Order and Notice to the Class shall further provide that persons who fail to properly or timely file their objections, along with the required information and documentation set forth above, or to serve them as provided above, shall not be heard during the Final Approval Hearing, nor shall their objections be considered by the Court.

The Preliminary Approval Order. Promptly after execution of this Stipulation, Lead Plaintiff’s Counsel and Defendants’ Counsel shall submit the Stipulation together with its exhibits to the Court and shall jointly apply for entry of a Preliminary Approval Order in connection with settlement proceedings substantially in the form annexed hereto as Exhibit A, providing for, among other things, preliminary approval of the Settlement and notice to the Class of the Settlement Hearing. The Preliminary Approval Order (Exhibit A hereto) to be submitted to the Court shall contain exhibits substantially in the form set forth in (i) the Notice of Pendency and Settlement of Class Action (the “Notice”) (Exhibit A-1 to the Preliminary Approval Order); (ii) the Summary Notice of Pendency and Settlement of Class Action (“Summary Notice”) (Exhibit A-2 to the Preliminary Approval Order); and (iii) the Proof of Claim and Release (Exhibit A-3 to the Preliminary Approval Order). Defendants and HB&M’s Insurer are not liable or responsible for the method of, or representations made in, the Notice or Summary Notice. J. ORDER AND JUDGMENT TO BE ENTERED BY THE COURT APPROVING THE SETTLEMENT The Settling Parties shall seek to have the Court enter an Order and Judgment substantially in the form of Exhibit B hereto.