Common use of Final Order and Judgment Clause in Contracts

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) 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., ▇▇▇▇▇ v. Superior Court, 46. Cal. 4th 969 (2009)); (c) adjudge that the Named Plaintiffs are each conclusively deemed to have released Lyft and the Releasees of and from any and all Named Plaintiffs’ General Released Claims and are bound by the provisions of this Agreement; (d) adjudge that the Settlement Class Members 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 Lyft and the Releasees of and from any and all Settlement Class Members’ Released Claims and are bound by the provisions of this Agreement; (e) permanently bar and enjoin the Named Plaintiffs, and all other Settlement Class Members who have not been excluded from the Settlement Class as provided in the Opt-Out List approved by the Court, from (i) filing, commencing, prosecuting, intervening in, or participating (as a class member or otherwise) in any other lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction based on the Named Plaintiffs’ General Released Claims (in the case of the Named Plaintiffs) and the Settlement Class Members’ Released Claims (in the case of the Settlement Class Members) and (ii) organizing Settlement Class Members into a separate group, class, or subclass for purposing of pursuing as a purported class action any lawsuit or administrative, regulatory, arbitration, or other proceeding (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in a pending action) based on the Settlement Class Members’ Released Claims (f) enter the Final Order and Judgment regarding the Action, without fees or costs except as provided in this Agreement; (g) 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’ General 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 ▇▇▇▇▇▇ or ▇▇▇▇▇ Actions or this proposed Settlement; (h) 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 appellate court or other court of review, or if Lyft invokes the right to withdraw from the Settlement as provided herein, in which event the Agreement and the fact that it was entered into shall not be offered, received or construed as an admission or as evidence for any purpose, including but not limited to an admission by any Party of liability or non-liability or of the certifiability of a litigation class. (i) without affecting the finality of the Final Order and Judgment, reserve continuing jurisdiction over the Named Plaintiffs, the Settlement Class, and Lyft as to all matters concerning the administration, consummation, and enforcement of this Agreement, as provided herein; (j) approve any other and further provisions consistent with the terms of this Settlement Agreement to which the Parties expressly consent in writing; and (k) dismiss with prejudice the claims of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, and ▇▇▇▇▇▇ ▇▇▇▇▇▇ in the ▇▇▇▇▇ Action.

Final Order and Judgment. Upon final approval of the settlement, a Final Order and Judgment shall be entered by the Court, court which shall, among other things: (a) grant Grant final approval to the Settlement as fair, reasonable, adequate, in good faith and in the best interests of the Settlement Class Class, as a whole, and order the Parties parties to carry out the provisions of this Agreement;. (b) approve 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, Judgment except as provided by law (e.g., ▇▇▇▇▇ v. Superior Court, 46. Cal. 4th 969 (2009))on the PAGA issues; (cd) adjudge Adjudge that the Named Plaintiffs are each conclusively deemed to have released Lyft Defendant and the Releasees of and from any and all of the Named Plaintiffs’ General Released Claims and are bound by the provisions of this Agreement;. (de) adjudge Adjudge that the members of the Settlement Class Members 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 Lyft Defendant and the Releasees of and from any and all Settlement Class Members’ Released Claims and are bound by the provisions of this Agreement; (e) permanently bar and enjoin the Named Plaintiffs, and all other Settlement Class Members who have not been excluded from the Settlement Class as provided in the Opt-Out List approved by the Court, from (i) filing, commencing, prosecuting, intervening in, or participating (as a class member or otherwise) in any other lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction based Agreement except on the Named Plaintiffs’ General Released Claims (in the case of the Named Plaintiffs) and the Settlement Class Members’ Released Claims (in the case of the Settlement Class Members) and (ii) organizing Settlement Class Members into a separate group, class, or subclass for purposing of pursuing as a purported class action any lawsuit or administrative, regulatory, arbitration, or other proceeding (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in a pending action) based on the Settlement Class Members’ Released ClaimsPAGA issues. (f) enter the Final Order and Judgment regarding the Action, without fees or costs except as provided in this Agreement; (g) declare 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’ General Released Claims and that are maintained by or on behalf of the Named Plaintiffs’ Plaintiffs Releasors; and (ii) encompass the Settlement Class Members’ Released Claims and that are maintained by or on behalf of the Settlement Class Members’ Member 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 ▇▇▇▇▇▇ or ▇▇▇▇▇ Actions Litigation or this proposed Settlement;. (g) Permanently bar and enjoin the Named Plaintiffs and all Settlement Class Members from, instigating or participating in any lawsuit or proceeding which asserts any claims that are, or relate to, the Named Plaintiffs’ or the Settlement Class Members’ Released Claims. (h) order 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 appellate court or other court of review, or if Lyft Defendant invokes the right to withdraw from the Settlement as provided herein, in which event the Agreement and the fact that it was entered into shall not be offered, received or construed as an admission or as evidence for any purpose, including but not limited to an admission by any Party of liability or non-liability or of the certifiability of a litigation class. (i) without Without affecting the finality of the Final Order and Judgment, reserve continuing jurisdiction over the Named Plaintiffs, the Settlement Class, Class and Lyft Defendant as to all matters concerning the administration, consummation, and enforcement of this Agreement, as provided herein;. (j) approve Approve any other and further provisions consistent with the terms of this Settlement Agreement to which the Parties expressly consent in writing; and (k) dismiss with prejudice the claims of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, and ▇▇▇▇▇▇ ▇▇▇▇▇▇ in the ▇▇▇▇▇ Action.

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 Grant final approval to the Settlement as fair, reasonable, adequate, in good faith and in the best interests of the Settlement Class Class, as a whole, and order the Parties to carry out the provisions of this Agreement;. (b) approve Enter the Final Order and Judgment regarding the Litigation, providing that Named Plaintiffs and Settlement Class Members shall take nothing from Defendant except as provided for in this Agreement and 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., ▇▇▇▇▇ v. Superior Court, 46. Cal. 4th 969 (2009));. (cd) adjudge Adjudge that the Named Plaintiffs are each conclusively deemed to have released Lyft Defendant and the Releasees of and from any and all Named Plaintiffs’ General Released Claims and are bound by the provisions of this Agreement;. (de) adjudge Adjudge that the members of the Settlement Class Members 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 Lyft Defendant and the Releasees of and from any and all Settlement Class Members’ Released Claims and are bound by the provisions of this Agreement; (e) permanently bar and enjoin the Named Plaintiffs, and all other Settlement Class Members who have not been excluded from the Settlement Class as provided in the Opt-Out List approved by the Court, from (i) filing, commencing, prosecuting, intervening in, or participating (as a class member or otherwise) in any other lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction based on the Named Plaintiffs’ General Released Claims (in the case of the Named Plaintiffs) and the Settlement Class Members’ Released Claims (in the case of the Settlement Class Members) and (ii) organizing Settlement Class Members into a separate group, class, or subclass for purposing of pursuing as a purported class action any lawsuit or administrative, regulatory, arbitration, or other proceeding (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in a pending action) based on the Settlement Class Members’ Released Claims. (f) enter the Final Order and Judgment regarding the Action, without fees or costs except as provided in this Agreement; (g) declare 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 proceedings, whether brought by the Named Plaintiffs’ General Released Claims and that are maintained by Releasors 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, that raise claims that were brought in the O’Brien or Batra actions or that arise from the injury alleged in, or the factual predicate of, the O’Brien or Batra actions. This declaration binds all Named Plaintiffs’ Releasors and 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 ▇▇▇▇▇▇ or ▇▇▇▇▇ Actions Litigation or this proposed Settlement;. (hg) order 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 appellate court or other court of review, or if Lyft Defendant invokes the right to withdraw from the Settlement as provided herein, in which event the Agreement and the fact that it was entered into shall not be offered, received or construed as an admission or as evidence for any purpose, including but not limited to an admission by any Party of liability or non-liability or of the certifiability of a litigation class. Notwithstanding the foregoing terms, the modification by the Court to the form of Notice(s) and/or any award of attorneys’ fees to Class Counsel shall not alone be sufficient to vacate the certification of the Settlement Class and final approval of the proposed Settlement. (ih) without Without affecting the finality of the Final Order and Judgment, reserve continuing jurisdiction over the Named Plaintiffs, the Settlement Class, Class and Lyft Defendant as to all matters concerning the administration, consummation, and enforcement of this Agreement, as provided herein;. (ji) approve Approve any other and further provisions consistent with the terms of this Settlement Agreement to which the Parties expressly consent in writing; and (k) dismiss with prejudice the claims of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, and ▇▇▇▇▇▇ ▇▇▇▇▇▇ in the ▇▇▇▇▇ Action.

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 Grant final approval to the Settlement as fair, reasonable, adequate, in good faith and in the best interests of the Settlement Class Class, as a whole, and order the Parties to carry out the provisions of this Agreement;. (b) approve 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., ▇▇▇▇▇ v. Superior Court, 46. Cal. 4th 969 (2009));. (cd) adjudge Adjudge that the Named Plaintiffs are each conclusively deemed to have released Lyft Defendant and the Releasees of and from any and all Named Plaintiffs’ General of their Released Claims and are bound by the provisions of this Agreement;. (de) adjudge Adjudge that the members of the Settlement Class Members 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 Lyft Defendant and the Releasees of and from any and all Settlement Class Members’ Released Claims and are bound by the provisions of this Agreement; (e) permanently bar and enjoin the Named Plaintiffs, and all other Settlement Class Members who have not been excluded from the Settlement Class as provided in the Opt-Out List approved by the Court, from (i) filing, commencing, prosecuting, intervening in, or participating (as a class member or otherwise) in any other lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction based on the Named Plaintiffs’ General Released Claims (in the case of the Named Plaintiffs) and the Settlement Class Members’ Released Claims (in the case of the Settlement Class Members) and (ii) organizing Settlement Class Members into a separate group, class, or subclass for purposing of pursuing as a purported class action any lawsuit or administrative, regulatory, arbitration, or other proceeding (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in a pending action) based on the Settlement Class Members’ Released Claims. (f) enter the Final Order and Judgment regarding the Action, without fees or costs except as provided in this Agreement; (g) declare 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’ General 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 ▇▇▇▇▇▇ or ▇▇▇▇▇ Actions Litigation or this proposed Settlement;. (hg) order 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 appellate court or other court of review, or if Lyft Defendant invokes the right to withdraw from the Settlement as provided herein, in which event the Agreement and the fact that it was entered into shall not be offered, received or construed as an admission or as evidence for any purpose, including but not limited to an admission by any Party of liability or non-liability or of the certifiability of a litigation class. Notwithstanding the foregoing terms, the modification by the Court to the form of Notice(s), any award of attorneys’ fees to Class Counsel, and Class Representative Service Awards shall not alone be sufficient to vacate the certification of the Settlement Class and final approval of the proposed Settlement. (ih) without Without affecting the finality of the Final Order and Judgment, reserve continuing jurisdiction over the Named Plaintiffs, the Settlement Class, Class and Lyft Defendant as to all matters concerning the administration, consummation, and enforcement of this Agreement, as provided herein;. (ji) approve Approve any other and further provisions consistent with the terms of this Settlement Agreement to which the Parties expressly consent in writing; and. (kj) dismiss Dismiss with prejudice the claims of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, and ▇▇▇▇▇▇ ▇▇▇▇▇▇ in the ▇▇▇▇▇ ActionLitigation.