Final Order and Judgment Sample Clauses
Final Order and Judgment. 13.1 The Parties shall jointly seek entry of Final Order and Judgment that is substantially in the form attached hereto as Exhibit 2. The dismissal orders, motions or stipulation to implement this Section shall, among other things, provide for a dismissal with prejudice and waiver of any rights of appeal.
13.2 The Final Order and Judgment shall, among other things:
a. Approve this Agreement and the proposed Settlement as fair, reasonable and adequate as to, and in the best interests of, the Class Members; direct the Parties and their counsel to implement and consummate this Agreement according to its terms and provisions; and declare this Agreement to be binding on, and have res judicata and preclusive effect in all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and the Releasing Parties with respect to the Released Claims;
b. Find that the Notice implemented pursuant to this Agreement: (i) constitutes the best practicable notice under the circumstances; (ii) constitutes notice that is reasonably calculated, under the circumstances, to apprise Class Members of the pendency of the Xxxxxx State Action, their right to object to the Settlement or exclude themselves from the Class, and to appear at the Final Approval Hearing; and (iii) is reasonable and constitutes due, adequate, and sufficient notice to all persons entitled to receive notice;
c. Find that the Class Representatives and Class Counsel adequately represent the Class for purposes of entering into and implementing this Agreement;
d. Dismiss the Xxxxxx State Action (including all individual claims and Class claims presented thereby) with prejudice, without fees or costs to any party except as provided in this Agreement, and require Plaintiffs and Class Counsel to dismiss, with prejudice, the remaining Google Photos BIPA Cases; FILED DATE: 4/14/2022 8:11 PM 2019CH00990
e. Incorporate the Releases set forth above, make the Releases effective as of the Effective Date, and forever discharge the Released Parties from the Released Claims as set forth herein;
f. Permanently bar and enjoin all Class Members who have not properly sought exclusion from the Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in, any lawsuit or other action in any jurisdiction based on the Released Claims;
g. Without affecting the finality of the Final Order and Judgment for purposes of appeal, retain jurisdiction as to all matter...
Final Order and Judgment. If this Settlement Agreement is finally approved by the Court, a Final Order and Judgment directing the entry of judgment pursuant to FED. R. CIV. P. 54(b) shall be entered substantially in the form attached as Exhibit C, as follows:
1. certifying the Settlement Class solely for purposes of this Settlement Agreement;
Final Order and Judgment. Before the Fairness Hearing, and assuming no exercise of the Termination Clause in Section 3.8(c) of this Agreement, Plaintiffs must apply for Court approval of a proposed Final Order Approving Class Action Settlement and Judgment, substantially similar to the form attached hereto as Exhibit 7. Subject to the Court’s approval, the Final Order Approving Class Action Settlement and Judgment shall, among other things:
(a) finally approve the Agreement and Settlement;
(b) finally certify the Class for settlement purposes only, pursuant to Federal Rule of Civil Procedure 23(b)(3);
(c) find that the notice and the notice dissemination methodology complied with the Settlement Agreement, Federal Rule of Civil Procedure 23, and the Due Process Clause of the United States Constitution;
(d) issue orders related to the relief provided for in the Settlement Agreement, including injunctive relief, payment of Authorized Claimants and/or cy pres distribution, payment of Incentive Awards, and payment of Class Counsel’s Fees and Costs;
(e) incorporate the releases set forth in Section 5 of this Settlement Agreement;
(f) dismiss the Action with prejudice; and
(g) retain jurisdiction over the Action and the Parties relating to the administration, consummation, and/or enforcement of the Agreement and/or the Final Order and Final Judgment, and for any other necessary purpose.
Final Order and Judgment. If the Court approves the Settlement (including any modification thereto made with the consent of the Parties as provided for herein) following the Settlement Hearing as fair, reasonable, adequate and in the best interests of Freeport and Freeport’s stockholders, the Parties shall jointly and promptly request that the Court enter the Final Order and Judgment in the Action.
Final Order and Judgment. Before the Fairness Hearing, Plaintiffs shall apply for Court approval of a proposed Final Order and Judgment, substantially similar to the form attached hereto as Exhibits F-G. Class Counsel shall draft the motion papers. Xxxxxx shall be permitted, but is not required, to file its own brief or statement of non-opposition in support of the Final Approval Order and Judgment. Subject to the Court’s approval, the Final Order and Judgment shall, among other things:
(a) finally approve the Settlement Agreement as fair, reasonable and adequate;
(b) finally certify the Class for Settlement purposes only, pursuant to California Code of Civil Procedure § 382;
(c) find that the Notice and the Notice dissemination methodology complied with the Settlement Agreement, California Code of Civil Procedure § 382, California Rules of Court, rules 3.766 and 3.769, the California Constitution and United States Constitution;
(d) issue orders related to the relief provided for in the Settlement Agreement, including distribution of the Vouchers, payment of Plaintiffs’ Individual Settlement Awards, and payment of Class Counsel’s fees and costs;
(e) incorporate the releases set forth in the Settlement Agreement;
(f) dismiss the Action with prejudice; and
(g) retain jurisdiction over the Action and the Parties relating to the administration, consummation, and/or enforcement of the Agreement and/or the Final Order and Judgment, and for any other necessary purpose.
Final Order and Judgment. 5.2 If this Settlement Agreement is preliminarily approved by the Court, Named Plaintiffs 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) which shall be without material alteration from Exhibit F attached hereto.
Final Order and Judgment. If the Settlement Agreement (including any modification made with the consent of the Parties as provided for herein) is approved by the Court following the Fairness Hearing scheduled by the Court in its Preliminary Approval Order, the Parties shall request the Court to enter a Final Order and Judgment pursuant to the Federal Rules of Civil Procedure and all applicable laws that, among other things:
1. Finds that the Court has personal jurisdiction over the Named Plaintiffs, all Settlement Class Members, and TASC, and that the Court has subject matter jurisdiction to approve this Settlement and Settlement Agreement and all exhibits thereto;
2. Certifies a Settlement Class solely for purposes of this Settlement;
3. Grants final approval to this Settlement Agreement as being fair, reasonable and adequate as to all Parties and consistent and in compliance with all requirements of due process and applicable law, as to and in the best interests of all Parties and directs the Parties and their counsel to implement and consummate this Settlement Agreement in accordance with its terms and provisions;
4. Declares this Settlement Agreement and the Final Order and Judgment to be binding on and have res judicata and preclusive effect in all pending and future lawsuits or other proceedings encompassed by the Release Provisions maintained by or on behalf of the Named Plaintiffs and all Settlement Class Members, as well as their respective present, former, and future administrators, agents, assigns, attorneys, executors, heirs, partners, predecessors-in-interest, and successors;
5. Finds that the Settlement Class Notice Program: (1) constituted the best practicable notice;
Final Order and Judgment. Upon final approval of the settlement, a Final Order and Judgment shall be entered by the Court, which shall, among other things:
(a) Grant final approval to the Settlement as fair, reasonable, adequate, in good faith and in the best interests of the Settlement Class, as a whole, and order the Parties to carry out the provisions of this Agreement.
(b) Enter the Final Order and Judgment regarding the Litigation, without fees or costs except as provided in this Agreement.
(c) Approve the Opt-Out List and determine that the Opt-Out List is a complete list of all members of the Settlement Class who have timely requested exclusion from the Settlement Class and, accordingly, shall neither share in nor be bound by the Final Judgment, except as provided by law (e.g., Xxxxx v. Superior Court, 46. Cal. 4th 969 (2009)).
(d) Adjudge that the Named Plaintiffs are each conclusively deemed to have released Defendant and the Releasees of and from any and all of their Released Claims and are bound by the provisions of this Agreement.
(e) Adjudge that the members of the Settlement Class who have not been excluded from the Settlement Class as provided in the Opt-Out List approved by the Court are Settlement Class Members and are conclusively deemed to have released Defendant and the Releasees of and from any and all Settlement Class Members’ Released Claims and are bound by the provisions of this Agreement.
(f) Declare that this Agreement and the Final Order and Judgment are binding on, and have res judicata and preclusive effect, in all pending and future lawsuits or other proceedings that: (i) encompass the Named Plaintiffs’ Released Claims and that are maintained by or on behalf of the Named Plaintiffs’ Releasors; and (ii) encompass the Settlement Class Members’ Released Claims and that are maintained by or on behalf of the Settlement Class Members’ Releasors, regardless of whether the Settlement Class Member previously initiated or subsequently initiates individual litigation or other proceedings encompassed by the Settlement Class Members’ Released Claims, and even if such Settlement Class Member never received actual notice of the Litigation or this proposed Settlement.
(g) Order that the certification of the Settlement Class and final approval of the proposed Settlement, and all actions associated with them, are undertaken on the condition that they shall be vacated if the Settlement Agreement is terminated or disapproved in whole or in part by the Court, or any appel...
Final Order and Judgment. If this Settlement Agreement is finally approved by the Court, a Final Order and Judgment directing the entry of judgment pursuant to Fed. R. Civ. P. 54(b) shall be entered substantially in the form attached as Exhibit 5, as follows: • Approving the Settlement Agreement as fair, reasonable, and adequate as it applies to the Settlement Classes; • Declaring the Settlement Agreement to be binding on Ford and the Named Plaintiffs, as well as all Members of the Settlement Classes; • Dismissing on the merits and with prejudice the Third Amended Class Action Complaint in In re MyFord Touch Consumer Litigation; • Forever discharging the Released Parties from all Released Claims; • Indicating the amount of the Service Award for the Named Plaintiffs; • Indicating the amount of attorneys’ fees and expenses to be awarded to Class Counsel; and • Providing that all Members of the Settlement Classes who did not request exclusion from the Settlement Classes be permanently enjoined from commencing or prosecuting any action, suit, proceeding, claim, or cause of action asserting the Released Claims in any court or before any tribunal.
Final Order and Judgment. If the settlement is approved preliminarily by the Court, and all other conditions precedent to the settlement have been satisfied, counsel for the Parties will jointly request that the Court enter a Final Order.