PRELIMINARY AND FINAL APPROVAL. 7.1 Promptly after the execution of this Agreement, Class Counsel shall submit this Agreement together with its Exhibits to the Court and shall move the Court for Preliminary Approval of the settlement set forth in this Agreement, appointment of Class Counsel and the Class Representatives, and entry of Preliminary Approval, which order shall set a Final Approval Hearing date and approve the Notice and Claim Form for dissemination in accordance with the Notice Plan.
PRELIMINARY AND FINAL APPROVAL. 11.1. Within fourteen (14) days after this Settlement Agreement is executed by all Parties, Plaintiffs’ Counsel shall submit to the Court a Motion for Preliminary Approval of the Settlement (“Preliminary Approval Motion”). The Preliminary 2 Notwithstanding the foregoing, the Effective date shall still not run until the deadline for appeal has expired without appeal therefrom. Approval Motion shall seek conditional certification of the Class and the setting of dates for opt-outs, objections, and a Final Approval Hearing and shall present the [Proposed] Preliminary Approval Order attached hereto as Ex. B.
PRELIMINARY AND FINAL APPROVAL. 59. The Bucks will immediately move for a preliminary determination regarding certification of the Settlement Classes and approval of the Settlement, authorization to provide Class Notice, and the scheduling of the Fairness/Final Approval Hearing for consideration of final approval of the Settlement, which motion shall be unopposed by AGLIC. The motion for preliminary approval shall seek entry of the Preliminary Approval Order attached hereto as Exhibit E.
PRELIMINARY AND FINAL APPROVAL. 13. On or before July 2, 2021, Plaintiffs shall file in the Court a motion for preliminary approval of the Settlement, and supporting memoranda, and will share a draft of the motion and memoranda before filing. The Settling Parties shall request that, within the timeframe set forth herein, and in accordance with Rule 23 of the Federal Rules of Civil Procedure, the Court: (a) certify the Settlement Class; (b) appoint Class Counsel; (c) appoint the Class Administrator; (d) establish the time periods and deadlines for Class Notice, Opt-outs, Objections, and a Final Fairness Hearing; and (e) hold the Final Fairness Hearing. Following an order of preliminary approval, Plaintiffs then shall file a motion for final approval of the Settlement, and supporting memoranda, and will share a draft of the motion and memoranda before filing. The Settling Parties shall request that the Court; (a) approve the Settlement, including the Plan of Payment; and (b) enter the Judgment and the Attorneys’ Fee, Costs, and Expenses Award.
PRELIMINARY AND FINAL APPROVAL. 14. Within 5 days of the execution of this Agreement, Plaintiffs shall file in the Court a motion for preliminary approval of the Settlement, and supporting memoranda, and will share with Virgin Scent’s counsel a draft of the motion and memoranda before filing. The Settling Parties shall request that, within the timeframe set forth herein, and in accordance with Rule 23 of the Federal Rules of Civil Procedure, the Court enter an Order Preliminarily Approving the Settlement and Providing for Notice, the form of which is attached to this Agreement as Exhibit A, that accomplishes the following: (a) certifies the Settlement Class; (b) appoints Class Counsel; (c) appoints the Class Administrator; (d) establishes the time periods and deadlines for Class Notice, Opt-outs, Objections, and a Final Fairness Hearing; and (e) establishing the date for the Final Fairness Hearing. Following entry of the Order Preliminarily Approving the Settlement and Providing for Notice, Plaintiffs then shall file a motion for final approval of the Settlement, and supporting memoranda, and will share with Xxxxxx Xxxxx’s counsel a draft of the motion and memoranda before filing. The Settling Parties shall request that the Court; (a) approve the Settlement, including the Plan of Payment; and (b) enter the Judgment and the Attorneys’ Fee, Costs, and Expenses Award.
PRELIMINARY AND FINAL APPROVAL. 8.1. The Parties agree that Plaintiff shall move for an order seeking preliminary approval of the Settlement within 14 calendar days of the execution of this Agreement. Plaintiff shall also move for an order: (i) certifying the Settlement Class; and (ii) approving the Class Notice plan. Plaintiff will share a draft of the motions seeking preliminary and final approval of the Settlement, and all other settlement-related filings (excluding Class Counsel’s motion for Plaintiff’s Service Award and Class Counsel’s Fees and Expenses), no less than 3 business days before it is filed.
PRELIMINARY AND FINAL APPROVAL. 10.1. On or before the date in which they file for preliminary approval, Plaintiffs, through Class Counsel, will submit, by joint stipulation of the Parties, a second amended class action complaint that: (a) conforms the class allegations to match the definition of the Settlement Class; and (b) adds each Plaintiff, as a party plaintiff, that Class Counsel deem necessary to effectuate approval of this Agreement. Defendants shall file an answer to the second amended complaint in due course. In the event the Settlement is not approved and cannot be cured pursuant to Paragraph 11.1, the Parties agree that the second amended complaint shall be withdrawn and that the Action shall proceed as it was previously pled without prejudice to any Party.
PRELIMINARY AND FINAL APPROVAL. 10.1. Plaintiff, through Class Counsel, will request that the Court enter a preliminary approval order in the form attached hereto as Exhibit C and schedule the Fairness Hearing for purposes of determining the fairness of the Settlement, considering the motions for approval of Class Counsel’s Fees and Expenses and Plaintiff’s Service Award, granting final approval of the Settlement and this Agreement, and entering the Order and Judgment.
PRELIMINARY AND FINAL APPROVAL. 5.1 As soon as practicable after execution of this Settlement Agreement, Class Counsel shall file a motion with the court for preliminary approval of the Settlement Agreement, requesting entry of a Preliminary Approval Order substantially in the form attached hereto as Exhibit 3, requesting:
PRELIMINARY AND FINAL APPROVAL. A. Within fourteen (14) days of signing of this Agreement, Class Counsel will move for preliminary approval of the Settlement, provisional certification of the Settlement Class for settlement purposes only, appointment of Plaintiffs as representatives of the Settlement Class, appointment of Class Counsel as counsel for the Settlement Class, appointment of the Settlement Administrator, approve the Settlement Class Notice Program, and the scheduling of the Fairness Hearing and other applicable deadlines.
