MOTION FOR PRELIMINARY APPROVAL Sample Clauses

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. The Parties agree to jointly prepare and

MOTION FOR PRELIMINARY APPROVAL. Plaintiff agrees to 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. Class Counsel shall prepare and file a motion for preliminary approval (“Motion for Preliminary Approval”).

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. As soon as practicable after execution of this Agreement, Class Counsel and City shall file a motion for preliminary approval of the Settlement, seeking entry of an order identical in all material respects to the form of the Preliminary Approval Order attached as Exhibit – hereto, and approval of Class Notice attached as Exhibit 6 hereto. The proposed Preliminary Approval Order shall: a. Preliminarily approve the Settlement, including the Plan of Allocation; b. Provide for notice to all Class Members through first class mail, postage prepaid (the “Class Notice”); c. Find that the Class Notice fairly and adequately: (i) describes generally the terms and binding effect of the Settlement and this Settlement Agreement and explains the Plan of Allocation; (ii) gives notice of the time and place of the Fairness Hearing; (iii) describes how an objection may be made to entry of the Final Approval Order and the deadline for the filing of such objection; (iv) describes how Class Counsel will apply to the Court for an award of attorneys' fees and for reimbursement of costs and expenses, and the deadline for the filing of such application and the right of members of the Class to object to such awards; and (v) describes how the Class Representatives will apply to the Court for Case Contribution Awards, identify the deadline for the filing of such application, and provide for the right of members of the Class to object to such awards; d. Find that service of the Class Notice via first class mail, postage prepaid, at the last known address is the best practicable methods of transmitting the Class Notice; and e. Provide that Class Members have a right to opt out of the Settlement.

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 except as otherwise permitted by this Agreement, preliminarily approving the Settlement and this Agreement. Among other things, the Order Granting Preliminary Approval shall 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(s) of Class Settlement; 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 if this Agreement is terminated, as provided in this Agreement; preliminarily enjoin all Named Plaintiffs, 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 Named Plaintiffs’ Released Claims or 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. After providing Defense Counsel with a draft for review and comment at least ten (10) days prior to filing, Class Counsel will present a Motion for Preliminary Approval to the Court within twenty days of execution of this Agreement including the Class Notice, in substantially the form of Exhibits 1 and 2 hereto, and the Preliminary Approval Order, in substantially the form of Exhibit 3 hereto.

MOTION FOR PRELIMINARY APPROVAL. Plaintiff will obtain a hearing to request 26 preliminary approval of this Agreement, to obtain entry of an order that would (i) conditionally certify a 27 class for settlement purposes only, (ii) grant preliminary approval of this Agreement, (iii) approve a 28 Notice of Settlement, (iv) enjoin Class Members from initiating or prosecuting any claim to be released 1 under the Settlement Agreement, unless they first submit a Request for Exclusion, and (v) set a date for 2 a Final Approval hearing.

MOTION FOR PRELIMINARY APPROVAL. “Motion for Preliminary Approval” refers to the motion that Plaintiff shall file seeking Preliminary Approval pursuant to Federal Rule of Civil Procedure 23(e)(2).