Plaintiffs’ Motion for Preliminary Approval of the Settlement will include a request to the Court for a scheduled Final Approval Hearing date and location. Parties agree to use their respective best efforts to obtain such approval. Plaintiffs shall file the Final Approval Motion no later than 45 days before the Final Approval Hearing. At the Final Approval Hearing, the Parties shall petition the Court to enter a Final Judgment in substantially the form attached hereto as Exhibit B.
Plaintiffs’ Motion for Preliminary Approval will include a request for leave from the Court to modify the class definition to comport with the definition agreed-upon in the mediation and will mirror the definition set forth in Section 2.27 below. Assuming the Court grants the Motion for Final Approval of the Agreement, the Action will be dismissed with prejudice.
Plaintiffs’ Motion for Preliminary Approval will include a request for leave from the Court to file an Amended Complaint in the Action to allege a new class definition that will mirror the definition set forth in Section 2.08 below.
