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. If the Court preliminarily approves this Settlement (and none of the conditions to terminate this Agreement has been exercised), Class Counsel will file a Final Approval Motion, which will seek entry of a proposed Final Approval Order in a form to be agreed upon by the Settling Parties and will, among other things, request that the Court order and/or find as follows:
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. 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
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. 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: