Motion for Preliminary Approval. The Parties agree to jointly prepare and file a motion for preliminary approval (“Motion for Preliminary Approval”) that complies with the Court’s current checklist for Preliminary Approvals.
Motion for Preliminary Approval. Promptly following the execution of this Settlement Agreement by all parties hereto, Plaintiff shall file with the Court a motion for preliminary approval of the Settlement. The motion for preliminary approval shall request the entry of a preliminary approval order substantially in the form of Exhibit A hereto (the “Preliminary Approval Order”), including: (i) the preliminary approval of the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate, and in the best interests of the Direct Purchaser Class; (ii) approval of the notice and proposed notice plan; (iii) a schedule for a hearing by the Court after the notice period has expired to approve the Settlement and to consider Plaintiffs’ counsel’s applications for attorneys’ fees, reimbursement of costs and expenses, and any incentive award for the Named Plaintiff; (iv) a stay of all proceedings in the Action until such time as the Court renders a final decision regarding the approval of the Settlement, as described below in paragraph 19; and (v) approval of an escrow agreement regarding the Settlement consideration described below in paragraph 10. After the Court preliminarily approves the Settlement, Plaintiff shall, in accordance with the Preliminary Approval Order, provide Direct Purchaser Class members with notice of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure substantially in the form attached hereto as Exhibit B. Plaintiffs’ counsel will recommend notice to the Direct Purchaser Class by means of direct first class mail.
Motion for Preliminary Approval. The Parties agree that Class Counsel will prepare and file a motion for preliminary approval (“Motion for Preliminary Approval”) that complies with the Court’s current checklist for Preliminary Approvals, and that Class Counsel will provide a draft of the motion to Defense Counsel at least 7 days prior to filing it for Defense Counsel’s review and comment.
Motion for Preliminary Approval. Named Plaintiffs shall file the Motion for Preliminary Approval of the Settlement and proposed Order Granting Preliminary Approval of the Settlement with the supporting papers, a draft of which will be timely provided to Defendant’s Counsel for approval prior to filing with the court. The Parties shall jointly agree upon the timing for that filing, the Motion to be filed with the Court, the Claims Administrator, and the timing for any preliminary or final approval hearings requested in the Motion. The Parties agree that the Court may enter the Order Granting Preliminary Approval, without material variation from Exhibit B, preliminarily approving the Settlement and this Agreement. Among other things, the Order Granting Preliminary Approval shall grant leave to preliminarily certify the Settlement Class for settlement purposes only; approve the Named Plaintiffs as class representatives; appoint Class Counsel to represent the Settlement Class; appoint the Claims Administrator; approve the Notice of Class Settlement, without material variation from Exhibit A; approve the requirements for objecting to the Settlement and excluding individuals from the Settlement Class, as provided in this Agreement; provide that certification and all actions associated with certification are undertaken on the condition that the certification and other actions shall be automatically vacated in this Agreement is terminated, as provided in this Agreement; provide that the filing of the Amended Complaint for Settlement, and response needed by Defendant, can occur on the condition that the filing, response and any other related actions shall be automatically vacated in this Agreement is terminated, as provided in this Agreement; preliminarily enjoin all Settlement Class Members and their Legally Authorized Representatives, unless and until they submit a timely request for exclusion pursuant to this Agreement, from filing or otherwise participating in any other suit based on the Settlement Class Members’ Released claims, or from attempting to effect an opt-out of a group, class, or subclass of individuals, and schedule the Final Approval Hearing.
Motion for Preliminary Approval. The Parties agree that Plaintiff will prepare and file a motion for preliminary approval (“Motion for Preliminary Approval”) that complies with the Court’s current checklist for Preliminary Approvals.
Motion for Preliminary Approval. Plaintiff will obtain a hearing to request 28 preliminary approval of this Agreement, to obtain entry of an order that would (i) conditionally certify
Motion for Preliminary Approval. Following the execution of this Agreement, Settlement Class Counsel shall promptly file the Motion for Preliminary Approval, seeking entry of the Preliminary Approval Order.
Motion for Preliminary Approval. Concurrent with submission of this Agreement for the Court’s consideration, Class Counsel shall submit to the Court a motion for preliminary approval of this Agreement. The motion shall seek entry of a Preliminary Approval Order substantially in the form attached hereto as Exhibit 1.
Motion for Preliminary Approval. The Parties agree to jointly prepare and
Motion for Preliminary Approval. Class Representative and Class Counsel agree to prepare and file a motion for preliminary approval (“Motion for Preliminary Approval”).
