Final Approval of the Settlement. If the Court preliminarily approves this Settlement, and if neither Class Counsel nor Defendants have exercised their right to withdraw pursuant to Section XV, below, Class Counsel will file a Final Approval Motion. Defendants will either join in or not oppose the Final Approval Motion. The Final Approval Motion will seek entry of a proposed Final Order in a form to be agreed-upon by the Settling Parties and will, among other things:
Final Approval of the Settlement. 10. Pursuant to the Settlement Agreement, the Defendants have agreed to pay $2,100,000 to create the Settlement Fund. Amounts awarded to Class Counsel or paid to the Class Representative will be paid from the Settlement Fund. Settlement Class Members who have submitted a valid Claim Form will receive a pro rata share of the Settlement Fund after attorneys’ fees and expenses, the Class Representative’s service payment, and the costs of notice and administration are deducted.
Final Approval of the Settlement. 34. Class Counsel shall submit a motion for final approval of the settlement to the Court. Plaintiffs shall seek, and DMC shall not object to, entry of a final judgment and order: (a) approving finally this Settlement Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Class Members within the meaning of Rule 23 of the Federal Rules if Civil Procedure and directing its consummation according to its terms; (b) directing that, as to DMC, the Class Action be dismissed with prejudice and without costs; (c) reserving exclusive jurisdiction over the settlement and this Settlement Agreement, including the administration and consummation of this settlement; and (d) finding under Federal Rules of Civil Procedure 54(b) that there is no just reason for delay and directing that the judgment of dismissal as to DMC shall be final and entered forthwith.
Final Approval of the Settlement. 2 7. The Court finds that the Settlement resulted from arm’s-length negotiations 3 between Class Counsel and Defendant.
Final Approval of the Settlement. 1. Upon final Approval of the Settlement by the Court, the Final Judgment Approving Settlement will be rendered by the Court.
Final Approval of the Settlement. The parties anticipate requesting a hearing on a motion for final approval of the Settlement on the Court’s law day in January 2024, which is scheduled for February 13, 2024 at 9:00 a.m. The hearing shall be held in Division 4 of the Circuit Court of Pettis County, Missouri, in the Pettis County Courthouse, 000 X. Xxxx Xxxxxx, Xxxxxxx, Xxxxxxxx, 00000. At the hearing the Court will determine, among other things: (a) whether the Settlement merits final approval as fair, reasonable, and adequate; (b) whether this action should be dismissed with prejudice and whether judgment should be entered pursuant to the terms of the Settlement Agreement; (c) whether the settlement notice to the Settlement Class was sufficient under the circumstances; (d) whether Plaintiff’s counsel adequately represented the Settlement Class for purposes of entering into and implementing the Settlement; (e) whether the applications for an award of litigation expenses and attorneys’ fees to Plaintiff’s counsel and for a service awards to the Class Representative are fair and reasonable and should be approved; and (f) whether the Court shall enter a Final Approval Order (i) providing that the Court retains jurisdiction for enforcement of the Released Claims, and (ii) entering the Release and Injunction. On or before January 30, 2024, fourteen (14) days prior to the final approval hearing, Plaintiff’s counsel shall file all motions associated with the final approval hearing, including a motion for final approval of the Settlement and applications for awards of litigation expenses and attorneys’ fees and an incentive award for the Class Representative. The Settlement Administrator also shall post a copy of these motions on the class settlement website and shall provide copies to any class member who requests them. Any objector who files and serves a timely, valid objection may also appear at the final approval hearing, either in person or through qualified counsel retained at the objector’s expense. Objectors and their attorneys intending to appear at the final approval hearing must effect filing and service of a notice of intention to appear setting forth the name, address, and telephone number of the objector and the objector’s attorney, if applicable. The notice of intention to appear must be filed with the Court and served on counsel for the parties at the respective addresses listed in Section 4, above, on or before January 26, 2024. The Court reserves the right to approve the Settleme...
Final Approval of the Settlement. If the Court preliminarily approves this Settlement, Class Counsel will file the Final Approval Motion. Defendants will either join in or not oppose the Final Approval Motion. Class Counsel shall give Defendants at least five (5) days to review the Final Approval Motion before filing. The Final Approval Motion will seek entry of a proposed Final Order in a form to be agreed-upon by the Settling Parties and will, among other things:
Final Approval of the Settlement. 10. The Court finds that the Settlement resulted from extensive arm’s-length good faith negotiations and mediation between the Parties through experienced counsel, and with the assistance and oversight of experienced mediator Judge Xxxxx X. Xxxxx (Xxx.). Moreover, all aspects of the Settlement were informed by meaningful discovery that took place prior to and during the settlement process.
Final Approval of the Settlement. A court may approve a proposed class-action settlement of a certified class only: after a hearing and on a finding that it is fair, reasonable, and adequate after considering whether:
Final Approval of the Settlement. 44. This Settlement Agreement and the Settlement embodied herein are subject to Final Approval by the Court. Plaintiffs will seek to obtain from the Court, as a condition of settlement, a final order and judgment in a form to be agreed upon by the Parties. The final order and judgment sought by Plaintiffs will, among other things: (a) finally certify the Settlement Class, (b) enter judgment in accordance with this Settlement Agreement, (c) approve the Settlement as fair, adequate, reasonable, and binding on all Class Members who have not timely opted out pursuant to
