Final Approval of Settlement. 1. If this Settlement Agreement is preliminarily approved by the Court, Class Counsel shall present a motion requesting that the Court issue a Final Order and Judgment directing the entry of judgment pursuant to Fed. R. Civ. P. 54(b) substantially in the form attached as Exhibit 2.
Final Approval of Settlement. Not later than sixty (60) calendar days before the Fairness Hearing, Class Counsel shall file a Motion for Final Approval of the Settlement. Plaintiffs shall request that the Court enter the Final Approval Order, which shall specifically include provisions that: (a) finally approve the Settlement as fair, reasonable and adequate to the Settlement Class Members; (b) find that the Class Notice as given was the best notice practicable under the circumstances, is due and sufficient notice to the Settlement Class and fully satisfies the requirements of due process and Federal Rule of Civil Procedure 23; (c) approve the plan of distribution of the Settlement Awards; (d) finally certify the Settlement Class; (e) confirm that Plaintiffs and the Settlement Class Members have released all Released Claims and are permanently barred and enjoined from asserting, commencing, prosecuting or continuing any of the Released Claims against the Discharged Parties; and (f) dismiss the Action with prejudice, without costs to any Party, except as provided in this Agreement, and subject to the Court’s retaining continuing jurisdiction over the Parties for the purpose of enforcement of the terms of this Agreement.
Final Approval of Settlement. The Notice shall contain a date, time, and location for a “Final Approval Hearing.” The Final Approval Hearing shall be held on a date approved by the Court no earlier than Forty-Five
Final Approval of Settlement. 75. Class Counsel will file a motion seeking the Court’s Final Judgment as to the Proposed Settlement at a final approval hearing to be held at a time, date, and location that will be stated in the Preliminary Approval Order, and listed in the Class Notice. The Parties will request that the final approval hearing be held at the earliest date that is at least 130 days after the Preliminary Approval Order that the Court is available to hear the matter or as soon as possible thereafter. Class Counsel shall request the Court to enter a Final Judgment substantially in the form of the Final Order and Judgment Approving Settlement and Dismissing Action with Prejudice attached hereto as Exhibit E, approving the Proposed Settlement without material alteration, and directing the Parties and their counsel to comply with and consummate the terms of this Agreement, as well as:
Final Approval of Settlement. No later than fourteen (14) calendar days following the close of the Notice Period, the Parties will file a joint motion for final approval of the Parties’ collective action settlement in the United States District Court for the Western District of Michigan. The motion for final approval will seek a Final Approval Order and Judgment of Dismissal. Kellogg’s payment of the Plaintiff Settlement Amount and any other amount under this Agreement is contingent upon the Court’s final approval of the Parties’ settlement, which shall be deemed to occur on the Settlement Effective Date, as defined above, and subject to a resolution of Plaintiffs’ Counsel motion attorneys’ fees and costs as defined in this Agreement.
Final Approval of Settlement. 3. Upon review of the record, including the Orders preliminarily approving the Settlement and the submissions in support of the Settlement and preliminary certification, the Court finds that the Settlement resulted from arm’s-length negotiations between highly experienced counsel and fall within the range of possible approval.
Final Approval of Settlement. Aetna and Plaintiffs jointly sought Final Court Approval, which was granted on November 6, 2003.
Final Approval of Settlement. The Parties agree that the Court may grant final approval of the terms of the Settlement as to either the Breach of Contract Class only or as to the 17200 Class only. If the Court does grant final approval only as to one of the Settlement Classes, only those terms of this Agreement that apply to the Settlement Class approved will be binding on the Parties. For example, AAA NCNU will not have any obligation to make any payments attributable to the non-approved Settlement Class, including any Incentive Awards or Attorneys’ Fees or Costs attributable to such Settlement Class. Should the Court ultimately decline to approve this Settlement Agreement in any material respect, or should the Court fail to enter Judgment, AAA NCNU shall have no obligation to make any payment under this Settlement Agreement, and in the event that AAA NCNU has made any such payment, such monies shall be returned promptly to AAA NCNU (less AAA NCNU’s one-half share of any Settlement Administration Costs already reasonably incurred by the Settlement Administrator; the other one-half share of any Settlement Administration Costs to be paid by Class Counsel). Should the final approval of the Settlement be granted as to the Breach of Contract Class only or the 17200 Class only, reasonable Settlement Administration costs shall still be paid from the GSV to carry out the portion of the Settlement that was approved. After entry of Judgment, the Court shall have continuing jurisdiction over the Action solely for purposes of (i) enforcing this Settlement Agreement, (ii) addressing settlement administration matters, and (iii) addressing such post-final judgment matters as may be appropriate under court rules or applicable law.
Final Approval of Settlement. 1. Once the Court enters a Preliminary Approval Order, counsel for the Parties shall use their best efforts to promptly obtain entry of a Final Order and Judgment that:
Final Approval of Settlement. At or before the Fairness Hearing, Representative Plaintiffs will move for entry of a Settlement Order and Judgment. Class Counsel will petition the Court for a Settlement Order and Judgment that: (1) confirms the certification of the Settlement Class as defined above; (2) dismisses this Action, with prejudice, on the Final Settlement Approval Date;
