Common use of The Preliminary Approval Order Clause in Contracts

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 or the Exhibits hereto to effectuate the purposes of this Agreement and/or to conform to guidance from the Court with regard to the contents of this Agreement or the Exhibits hereto without need for further amendments of this Agreement. Any such stipulation shall be filed with the Court.

The Preliminary Approval Order. 58.1. As soon as practicable Promptly after the execution of this Settlement AgreementStipulation, the parties Settling Parties shall present 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: (a) preliminary approval of the Settlement as set forth in this Stipulation; (b) the setting of deadlines for the mailing of the Notice and dissemination of the Summary Notice; (c) the setting of deadlines for Settlement Class Members to submit Proofs of Claim, requests for exclusion from the Settlement Class (also known as “opt- out” requests), or objections to the proposed Settlement, Plan of Allocation and/or the Fee and Expense Application (“Objections”); (d) the setting of the time, date and location for the Fairness Hearing; (e) approval of Lead Counsel’s recommended Claims Administrator; and (f) approval of the form and content of the Notice, the Proof of Claim and Release, and the Summary Notice, respectively, substantially in the forms of Exhibits A-1, A-2 and A-3 attached hereto. 8.2. Any Settlement Class Member who wishes to opt out of the Settlement must submit a timely written request for exclusion (including any required documentation) on or before the deadline for doing so set by the Court, in accordance with the Preliminary Approval Order and the Notice (a “Request for Exclusion”). Requests for Exclusion on behalf of groups, including “mass” or “class” opt-outs, will not be permitted. Any Settlement Class Member who does not submit a timely and valid written request for exclusion will be bound by all Court proceedings, orders and judgments, whether or not he, she, or it timely submits a Proof of Claim and Release. 8.3. Any Settlement Class Member who wishes to object to the fairness, reasonableness or adequacy of this Settlement Agreement or to any aspect of the CourtPlan of Allocation or the Fee and Expense Application must do so in the manner specified and within the deadlines specified in the Preliminary Approval Order and the Notice. 8.4. The parties will As part of the motion or application for entry of the Preliminary Approval Order, the Settling Parties, unless they otherwise agree in writing, shall request by joint motion that the Court enter hold the Fairness Hearing, on a preliminary approval order, which date to occur at least twenty-one (21) calendar days after the deadline(s) referenced in ¶¶8.1-8.3 above for Settlement Class Members to submit any Requests for Exclusion or Objections. 8.5. The Settling Parties shall accomplish the following: a. Find request that the requirements of Federal Rule of Civil Procedure 23, 29 U.S.C. § 216(b), and any other requirements postmark deadline for certification objecting to and/or submitting Requests for Exclusion from this Settlement be set at least sixty (60) calendar days after the date for the initial mailing 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 Notice 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 voidPreliminary Approval Order. The parties may agree by stipulation executed by counsel to modifications to this Agreement or the Exhibits hereto to effectuate the purposes Claims Administrator shall promptly notify Lead Counsel and Settling Defendants’ Counsel upon receipt of this Agreement and/or to conform to guidance from the Court with regard to the contents of this Agreement or the Exhibits hereto without need any Requests for further amendments of this Agreement. Any such stipulation shall be filed with the CourtExclusion.

The Preliminary Approval Order. 5. As soon as practicable after Within fifteen (15) calendar days of the execution of this Settlement Amended Agreement, the parties Parties shall present this Settlement Agreement to the Court. The parties will request by joint motion that the Court enter a preliminary approval orderthe 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 specifically including provisions that: (i.e., the NYLL Class and the FLSA Collectivea) and the Defendants; c. Preliminarily preliminarily approve the settlement reflected in this Amended Agreement as and determine it to be fair, reasonable, and adequate; d. Find adequate and in the best interest of the Class Members for settlement purposes; (b) conditionally certify the Settlement Class (for settlement purposes only); (c) approve the forms of Class Notice to be provided to the Settlement Class; (d) direct that the notice Full Class Notice and Proof of Claim be emailed or mailed to each person on the Class List; (e) establish a procedure set forth for Persons in the Agreement satisfies the requirements of due process and applicable law and procedure; e. Apprise Plaintiffs of their right Settlement Class to “Opt-out,” or object to the Settlement; f. Set settlement or exclude themselves from the time period for submitting Settlement Class, and set a completed Claim Formdate, Opting-out, or filing objections, such date to be no more not later than sixty ninety (6090) calendar days after following the date of mailing entry of the Notice PacketPreliminary Approval Order, defined below, after which no Person shall be allowed to members of object to the settlement or exclude himself or herself from the Settlement Class; g. Set , or seek to intervene in the Action; (f) pending final determination of whether the settlement should be approved, bar all Persons in the Settlement Class, directly, on a representative basis, or in any other capacity, from commencing or prosecuting against any of the Released Parties any action, arbitration, or proceeding in any court, arbitration forum, or tribunal asserting any of the Released Claims; and (g) pending final determination of whether the settlement should be approved, stay all proceeding in the Action except those related to the effectuation of the settlement. The Preliminary Approval Order also will request the Final Approval Hearing to be held not later than one hundred fifteen (115) calendar days following the date for of the hearing at which entry of the Preliminary Approval Order by the Court. The Parties expressly acknowledge that the claims administration process will not be completed by the date of the requested Final Approval Hearing. The Parties further expressly acknowledge that the Court will finally determine schedule 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 ▇▇. ▇▇▇▇▇▇ Approval Hearing as the Class Representative for the NYLL Class; and i. Appoint ▇▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ of The ▇▇▇▇▇▇▇▇ Firm, P.C. as class counsel to the NYLL ClassCourt deems appropriate. 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 or the Exhibits hereto to effectuate the purposes of this Agreement and/or to conform to guidance from the Court with regard to the contents of this Agreement or the Exhibits hereto without need for further amendments of this Agreement. Any such stipulation shall be filed with the Court.

The Preliminary Approval Order. 58.1. As soon as practicable Promptly after the execution of this Settlement AgreementStipulation, the parties Parties shall present this Settlement Agreement submit the Stipulation together with its exhibits to the Court, and Lead Counsel shall 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: (a) preliminary approval of the Settlement as set forth in this Stipulation; (b) the setting of deadlines for the mailing of the Notice and dissemination of the Summary Notice; (c) the setting of deadlines for Settlement Class Members to submit Proofs of Claim, requests for exclusion from the Settlement Class (also known as “opt- out” requests), or objections to the proposed Settlement, Plan of Allocation and/or the Fee and Expense Application; (d) the setting of the time, date and location for the Fairness Hearing; (e) approval of Lead Counsel’s recommended Claims Administrator; and (f) approval of the form and content of the Notice, the Proof of Claim and Release, and the Summary Notice, respectively, substantially in the forms of Exhibits A-1, A-2 and A-3 attached hereto. The parties Defendants agree solely for the purposes of settlement that they will consent to, and shall not oppose of, entry of the Preliminary Approval Order. 8.2. Any Settlement Class Member who wishes to opt out of the Settlement must submit a timely written request for exclusion (including any required documentation) such that it is received on or before the deadline for doing so set by joint the Court (the “Exclusion Deadline”), in accordance with the Preliminary Approval Order and the Notice (a “Request for Exclusion”). Requests for Exclusion on behalf of groups, including “mass” or “class” opt-outs, will not be permitted. Any Settlement Class Member who does not submit a timely and valid written request for exclusion will be bound by all Court proceedings, orders and judgments, whether or not he, she, or it timely submits a Proof of Claim and Release. 8.3. Any Settlement Class Member who wishes to object to the fairness, reasonableness or adequacy of this Settlement or to any aspect of the Plan of Allocation or the Fee and Expense Application must do so in the manner specified and within the deadlines specified in the Preliminary Approval Order and the Notice. 8.4. As part of the motion or application for entry of the Preliminary Approval Order, the Parties, unless they otherwise agree in writing, shall request that the Court enter hold the Fairness Hearing on 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 occur 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 least thirty (30) calendar days after the deadline for Settlement Class Members to timely submit completed Claim Forms, Opt-out, or file objections;any Requests for Exclusion. h. Appoint Named Plaintiff ▇▇8.5. ▇▇▇▇▇▇ as The Parties shall request that the Class Representative deadline for objecting to and/or submitting Requests for Exclusion from this Settlement be set at least thirty (30) calendar days after the date for the NYLL Class; and i. Appoint ▇▇initial mailing of the Notice as set forth in the Preliminary Approval Order. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ The Claims Administrator shall provide copies of The ▇▇▇▇▇▇▇▇ Firmall Requests for Exclusion and materials submitted therewith (including untimely requests and revocations of requests) to Lead Counsel and Defendants’ Counsel within three (3) business days of receipt, P.C. as class counsel and in any event no later than twenty-one (21) calendar days prior to the NYLL ClassFairness Hearing. 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 or the Exhibits hereto to effectuate the purposes of this Agreement and/or to conform to guidance from the Court with regard to the contents of this Agreement or the Exhibits hereto without need for further amendments of this Agreement. Any such stipulation shall be filed with the Court.