Preliminary Approval Motion. “Preliminary Approval Motion” means the motion Plaintiffs file in support of the Court’s preliminary approval of the Settlement.
Preliminary Approval Motion. Not later than ten (10) court days after execution of this Agreement, Plaintiff shall file a motion seeking preliminary approval of this Settlement Agreement (the “Preliminary Approval Motion”), which shall include: (1) the proposed Notice;
Preliminary Approval Motion. As soon as practical, Plaintiffs will move the Court for entry of the Preliminary Approval Order, attached hereto as Exhibit B. The Preliminary Approval Order shall provide, inter alia, that:
Preliminary Approval Motion. As soon as practical after the execution of this Agreement, the Parties shall move the Court for entry of the Preliminary Approval Order in substantially the same form attached as Exhibit 4. Pursuant to the motion for preliminary approval, the Parties will request that:
Preliminary Approval Motion. Plaintiff will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearing, and approving the Class Notice.
Preliminary Approval Motion. Promptly following execution of this Settlement Agreement, and no later than May 20, 2019, Plaintiff will move the Court for entry of the Preliminary Approval Order, which shall specifically include provisions that: (1) preliminarily approve the settlement reflected herein as fair, adequate, reasonable, and within the reasonable range of possible final approval; (2) conditionally certify the Settlement Class for settlement purposes only and appoint Class Counsel as counsel for the Settlement Class and Plaintiff as Class Representative; (3) approve the form of Class Notice and find that the notice program set forth herein constitutes the best notice reasonable and practicable under the circumstances, is due and sufficient notice to the Settlement Class, and fully satisfies the requirements of due process and Federal Rule of Civil Procedure 23; (4) establish a procedure for Settlement Class Members to object to the settlement or exclude themselves from the Settlement Class, and set a date following entry of the Preliminary Approval Order, after which no one shall be allowed to object to the settlement or opt-out/exclude himself or herself from the Settlement Class or seek to intervene in the Action; (5) approve the Claim Form and the claims submission process described herein; (6) finally certify the Settlement Class; (7) pending final determination of whether the settlement should be approved, bar all persons in the Settlement Class, directly, on a representative basis, or in any other capacity from commencing or prosecuting against any of the Released Parties any action, arbitration, or proceeding in any court, arbitration forum, or tribunal asserting any of the Released Claims; (8) authorize the Parties, without further approval from the Court, to agree to and adopt such conforming amendments, modifications, and expansions of the Settlement Agreement and its implementing documents (including all exhibits to this Settlement Agreement) so long as they are consistent in all material respects with the terms of the Final Approval Order and Judgment; (9) pending final determination of whether the settlement should be approved, stay all proceedings in the Action, except those related to the effectuation of the settlement; and
Preliminary Approval Motion. Pursuant to the order entered by the Court on November 21, 2013 (ECF No. 66), Plaintiff will move the Court for entry of the Preliminary Approval Order on December 20, 2013. The Preliminary Approval Order shall specifically include provisions that: (a) preliminarily approve the Settlement reflected herein as fair, adequate and reasonable to the Settlement Class, and within the reasonable range of possible final approval; (b) conditionally certify the Settlement Class for settlement purposes only and appoint Class Counsel as counsel for the Settlement Class for settlement purposes only; (c) approve the forms of Class Notice and find that the Notice Program constitutes the best notice practicable under the circumstances, provides due and sufficient notice to the Settlement Class and fully satisfies the requirements of due process and Federal Rule of Civil Procedure 23; (d) direct that notice be provided to the Settlement Class, in accordance with this Agreement, within sixty (60) days following entry of the Preliminary Approval Order (the “Notice Deadline”); (e) establish a procedure for persons in the Settlement Class to object to the Settlement or exclude themselves from the Settlement Class, and set a date forty-five (45) days after the Notice Deadline, after which no one shall be allowed to object to the Settlement or exclude himself or herself from the Settlement Class (the “Opt-Out and Objection Deadline”); (f) pending final determination of whether the Settlement should be approved, bar and enjoin all Settlement Class Members who have not validly requested exclusion from the Settlement Class, directly, on a representative basis or in any other capacity, from commencing or prosecuting against any of the Released Parties any action, arbitration, or proceeding in any court, arbitration forum or tribunal asserting any of the Released Claims; (g) pending final determination of whether the Settlement should be approved, stay all proceedings in the Action except those related to effectuation of the Settlement; and (h) schedule a hearing on Final Approval of the Settlement, which shall be scheduled no earlier than sixty (60) days after the Opt-Out and Objection Deadline.
Preliminary Approval Motion. “Preliminary Approval Motion” has the meaning set forth in Section 2.4(A) of this Agreement.
Preliminary Approval Motion. As soon as practicable after the execution of this Agreement, Plaintiffs’ Counsel shall move the Court for an order substantially in the form of Exhibit C hereto, which shall specifically include provisions that: (a) preliminarily approve the Settlement memorialized in this Agreement as fair, reasonable and adequate; (b) certify the Settlement Classes as defined herein for settlement purposes only; (c) set a date for a Final Approval Hearing; (d) approve the proposed Class Notice that is attached as Exhibit A, and authorize its dissemination to Settlement Class Members; (e) set deadlines consistent with this Agreement for mailing of the Class Notice, opting out of or objecting to the Settlement, and filing papers in connection with the Final Approval Hearing; (f) appoint Settlement Class Representatives as class representatives and Class Counsel as counsel for the Settlement Classes; and (g) approve the appointment of the Settlement Administrator.
Preliminary Approval Motion. Within 20 days of entry of a Satisfactory Initial Administrative Order, or such other date as may be agreed upon by the Parties or established by the MDL Court, PLC and the Settling States shall file the Preliminary Approval Motion. The papers on the Preliminary Approval Motion shall include this Multistate Settlement Agreement and (1) the proposed form of order finally approving this Multistate Settlement Agreement and directing the entry of final judgment annexed hereto as Exhibit A; (2) the proposed forms of notice to members of the Settlement Classes annexed hereto as Exhibits F and G; and, (3) the proposed form of order, annexed hereto as Exhibit B, preliminarily approving this Multistate Settlement Agreement and scheduling additional proceedings. The Parties shall request that a decision be made promptly on the papers or that a hearing on the Preliminary Approval Motion be held at the earliest date convenient to the MDL Court. The Parties shall also request that the MDL Court schedule a hearing on the Final Approval Motion, with that hearing to be held no less than 150 days after Preliminary Approval.
