Common use of Preliminary Approval Motion Clause in Contracts

Preliminary Approval Motion. Promptly following execution of this Settlement Agreement, but no later than thirty (30) days following the execution of this Settlement Agreement, 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 Plan set forth herein is appropriate and 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 putative 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 (10) schedule a Final Approval Hearing no earlier than 100 days after entry of the Preliminary Approval Order, or such other time as the Court shall set. Defendants agree not to oppose and to cooperate in good faith with the filing of preliminary approval motion.

Preliminary Approval Motion. Promptly following execution of this Settlement AgreementOn or before June 30, but no later than thirty (30) days following 2016, or by such other date as agreed upon by the execution of this Settlement AgreementParties and approved by the Court, Plaintiff Plaintiffs will move the Court for entry of the Preliminary Approval Order, which shall specifically include provisions that: (1a) preliminarily approve the settlement Debt Collection Settlement reflected herein as fair, adequate, reasonableadequate and reasonable to the Debt Collection Settlement Class, and within the reasonable range of possible final approval; (2b) conditionally certify the Debt Collection Settlement Class for settlement purposes only and appoint Class Counsel as counsel for the Debt Collection Settlement Class and Plaintiff as Class Representativefor settlement purposes only; (3c) approve the form forms of Class Notice and find that the Notice Plan set forth herein is appropriate and Program constitutes the best notice reasonable and practicable under the circumstances, is provides due and sufficient notice to the Debt Collection Settlement Class, Class and fully satisfies the requirements of due process and Federal Rule of Civil Procedure 23; (4d) direct that notice be provided to the Debt Collection Settlement Class, in accordance with this Agreement, within thirty (30) days following entry of the Preliminary Approval Order (the “Notice Deadline”); (e) establish a procedure for putative Debt Collection Settlement Class Members to object to the settlement Debt Collection Settlement or exclude themselves from the Debt Collection Settlement Class, and ; (f) set a date following entry of deadline sixty (60) days after the Preliminary Approval OrderNotice Deadline, after which no one shall be allowed to object to the settlement Debt Collection Settlement or opt- out/exclude himself or herself from the Debt Collection Settlement Class or seek to intervene in (the Action“Opt-Out and Objection Deadline”); (5g) approve the Claim Form and the claims submission process described herein; (6h) finally certify set the Settlement ClassClaim Period for the submission of Claims to end ninety (90) days after the Notice Deadline; (7i) pending final determination establish a deadline for Class Counsel to move the Court for an award of whether the settlement should attorneys’ fees and costs to 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, paid to agree Class Counsel and for service awards to and adopt such conforming amendments, modifications, and expansions of the Settlement Agreement and its implementing documents (including all exhibits be paid 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 settlementPlaintiffs; and (10j) schedule a hearing to consider Final Approval Hearing of the Debt Collection Settlement, which shall be scheduled no earlier than 100 thirty (30) days after entry of the Preliminary Approval Order, or such other time as the Court shall set. Defendants agree not to oppose Opt-Out and to cooperate in good faith with the filing of preliminary approval motionObjection Deadline.

Preliminary Approval Motion. Promptly following execution of this Settlement Agreement, but no later than thirty (30) days following As soon as practical after the execution of this Settlement Agreement, Plaintiff will the Parties shall move the Court for entry of the Preliminary Approval OrderOrder in substantially the same form attached as Exhibit 4. Pursuant to the motion for preliminary approval, which shall specifically include provisions the Parties will request that: : (1A) preliminarily approve the settlement reflected herein as fair, adequate, reasonable, and within the reasonable range of possible final approval; (2) The Court conditionally certify the Settlement Class for settlement purposes only and appoint Class Counsel as counsel for the Class; (B) The Court preliminarily approve this Agreement and the Settlement Class reflected herein as fair, adequate and Plaintiff as Class Representative; reasonable to the Settlement Class; (3C) The Court approve the form of Class Notice and find that the Notice Plan set forth herein is appropriate and notice program constitutes the best notice reasonable and practicable under the circumstances, is provides due and sufficient notice to the Settlement Class, Class and fully satisfies the requirements of due process and Federal Rule of Civil Procedure 23; ; (4D) establish a procedure for putative Settlement Class Members The Court direct that notice be provided to object to the settlement or exclude themselves from the Settlement Class, and set a date in accordance with this Agreement, within forty-five (45) days following entry of the Preliminary Approval OrderOrder (the “Notice Deadline”); (E) The Court shall establish a procedure for any class members to object to the Settlement or exclude themselves from either class; (F) The Court shall set a deadline sixty (60) days after the Notice Deadline, after which no one shall be allowed to object to the settlement Settlement or opt- out/exclude himself or herself from the Settlement Class or seek to intervene in (the Action; “Opt-Out and Objection Deadline”); (5G) The Court shall approve the Claim Form and the claims submission process described herein; (6) finally certify herein for the Settlement Class; ; (7H) The Court shall, pending final determination of whether the settlement Settlement should be finally approved, bar and enjoin all persons in the Settlement Class, directlyindividually, and on a representative basisbasis or other capacity, or in any other capacity from commencing or prosecuting against any of the Released Parties in any action, arbitration, or proceeding in any court, arbitration forum, forum or tribunal asserting any of the Released Claims; Claims unless they timely opt-out; (8) authorize the PartiesI) The Court shall, 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 Settlement should be approved, stay all proceedings in the Action, except those related to effectuating the effectuation Settlement; and (J) The Court shall schedule a hearing to consider Final Approval of the settlement; and (10) schedule a Final Approval Hearing Settlement, which shall be scheduled no earlier than 100 sixty (60) days after entry of the Preliminary Approval Order, or such other time as the Court shall set. Defendants agree not to oppose Opt-Out and to cooperate in good faith with the filing of preliminary approval motionObjection Deadline.