Preliminary Approval of Proposed Settlement. The Settlement Agreement is hereby preliminarily approved as fair, reasonable, and adequate. This Court preliminarily finds that:
Preliminary Approval of Proposed Settlement. The Agreement, including all exhibits 26 thereto, is preliminarily approved as fair, reasonable and adequate and within the range of 27 reasonableness for preliminary settlement approval. The Court finds that: (a) the Agreement resulted 28 from extensive arm’s length negotiations; and (b) the Agreement is sufficient to warrant notice of the 1 Settlement to persons in the Settlement Class and a full hearing on the approval of the Settlement.
Preliminary Approval of Proposed Settlement. The Court has conducted a preliminary evaluation of the Settlement as set forth in the Agreement. Based on this preliminary evaluation, the Court finds that: (a) the Settlement is fair, reasonable and adequate, and within the range of possible approval; (b) the Settlement has been negotiated in good faith at arm's length between experienced attorneys familiar with the legal and factual issues of this case; (c) with respect to the forms of notice of the material terms of the Settlement to persons in the Settlement Class for their consideration (Exs. A, B, and C to the Agreement), that notice provides due and sufficient notice to the Settlement Class and fully satisfies the requirements of due process and Federal Rule of Civil Procedure 23; and (d) with respect to the proposed notice plan, the notice program constitutes the best notice practicable under the circumstances. Therefore, the Court grants preliminary approval of the Settlement.
Preliminary Approval of Proposed Settlement. The Court has conducted a preliminary evaluation of the Settlement as set forth in the Agreement. Based on this evaluation, the Court finds that giving notice of the proposed Settlement to the Settlement Class is justified by the Parties’ showing that the Court will likely be able to: (i) approve the proposal under Fed.
Preliminary Approval of Proposed Settlement. The Court hereby preliminarily approves the Settlement Agreement and the Settlement set forth therein as fair, adequate and reasonable, subject to further consideration at the Final Fairness1 Hearing. The Court finds on a preliminary basis that the Settlement as set forth in the Settlement Agreement falls within the range of reasonableness and was the product of informed, good faith, arm’s length negotiations between the Parties and their counsel, and therefore meets the requirements for preliminary approval. The Court further preliminarily finds that the proposed distribution of the Settlement Payments to the Settlement Class Members set forth in Exhibit “A” to the Settlement Agreement is fair, reasonable, and adequate, and hereby is preliminarily approved, subject to further consideration at the Final Fairness Hearing.
Preliminary Approval of Proposed Settlement. The Agreement, 20 including all exhibits thereto, is preliminarily approved as fair, reasonable and
Preliminary Approval of Proposed Settlement. The Settlement Stipulation is hereby preliminarily approved as fair, reasonable and adequate. This Court preliminarily finds that: (a) the Settlement resulted from serious, informed, extensive and arms’-length negotiations with the assistance of the Mediator; (b) the Settlement Stipulation was executed only after Class Counsel had conducted appropriate investigation and discovery regarding the strengths and weaknesses of the Named Plaintiffs’ claims; (c) Class Counsel represent that they believe that the Settlement is fair, reasonable and adequate; and (d) the Settlement is in the best interest of the Named Plaintiffs and the Settlement Class. The Court finds that those whose claims would be settled, compromised, dismissed, or released pursuant to the Settlement should be given notice and an opportunity to be heard regarding final approval of the Settlement and other matters.
Preliminary Approval of Proposed Settlement. The Court has conducted a preliminary evaluation of the Settlement as set forth in the Agreement. Based on this evaluation, the Court finds that giving notice of the proposed Settlement to the Settlement Class is justified by the Parties’ showing that the Court will likely be able to: (i) approve the proposal under Fed. R. Civ. P. 23(e)(2); and (ii) certify the Settlement Class for purposes of judgment on the proposal. The Court preliminarily finds that the Settlement is fair, reasonable, and adequate, and within the range of possible approval, including based on a preliminary finding that: (A) the Class Representatives and Class Counsel have represented and will continue to adequately represent the Settlement Class; (B) the proposed Settlement was negotiated at arm’s length; (C) the relief provided for the Class is adequate, taking into account: (i) the costs, risks, and delay of trial and appeal; (ii) the effectiveness of any proposed method of distributing relief to the Class, including the method of distribution of checks to Class Members with Known Addresses and for processing Class Member claims for Settlement Class Members whose addresses are not known; (iii) the terms of Class Counsel’s intended request for an award of attorney’s fees, including timing of payment; and (iv) the terms and provisions under the Parties’ Agreement; and (D) the proposal treats Class Members equitably relative to each other. Additionally, the Court finds that the proposed Class Notice (Exs. 4 and 6 to the Agreement) provides due and sufficient notice to the Settlement Class and fully satisfies the requirements of due process and Federal Rule of Civil Procedure 23, and that the proposed notice program constitutes the best notice practicable under the circumstances. Therefore, the Court grants preliminary approval of the Settlement, and directs that Class Notice issue as set forth in the Parties’ Agreement.
Preliminary Approval of Proposed Settlement. The Court 6 preliminarily finds that the settlement of the Action, on the terms and 7 conditions set forth in the Agreement, is in all respects fundamentally fair, 8 reasonable, adequate and in the best interests of the Settlement Class 9 Members. This takes into consideration the benefits to Settlement Class 10 Members of a change in marketing and advertising practices by NutriBullet 11 as well as the Extended Warranty and Voucher Awards; the strength and 12 weaknesses of Plaintiff’s case; the complexity, expense and probable duration 13 of further litigation; and the risk and delay inherent in possible appeals from 14 any significant decisions. The Court preliminarily approves the Settlement 15 Agreement pursuant to Section IX thereof.
Preliminary Approval of Proposed Settlement. The Settlement Agreement is hereby preliminarily approved as being within the range of fairness, reasonableness, and adequacy. This Court preliminarily finds that: (a) the proposed Settlement resulted from serious, informed, extensive and arm’s-length negotiations with the assistance of an experienced mediator; (b) the Settlement Agreement was executed only after Co-Lead Class Counsel had conducted appropriate investigation and discovery regarding the strengths and weaknesses of Plaintiffs’ claims; and (c) the proposed Settlement is in the best interest of Plaintiffs and the Settlement Class. The Court finds that those whose claims would be settled, compromised, dismissed, or released pursuant to the Settlement should be given notice and an opportunity to be heard regarding final approval of the Settlement and other matters.
