Preliminary Approval of the Settlement. The Court hereby preliminarily approves the Settlement, as embodied in the Stipulation, as being fair, reasonable and adequate to the Settlement Class, subject to further consideration at the Settlement Hearing to be conducted as described below.
Preliminary Approval of the Settlement. The Court hereby preliminarily approves the Settlement, as embodied in the Stipulation, and finds, pursuant to Rule 23(e)(1)(B)(i) of the Federal Rules of Civil Procedure, that it will likely be able to finally approve the Settlement under Rule 23(e)(2) as being fair, reasonable, and adequate to the Settlement Class, subject to further consideration at the Settlement Hearing to be conducted as described below.
Preliminary Approval of the Settlement. 10. At the preliminary approval stage, the Court’s task is to evaluate whether the Settlement is within the “range of reasonableness.” 4 Xxxxxxx on Class Actions § 11.26. “Preliminary approval is appropriate where the proposed settlement is the result of the parties’ good faith negotiations, there are no obvious deficiencies and the settlement falls within the range of reason.” Xxxxx v.
Preliminary Approval of the Settlement. The Court has reviewed the Stipulation and preliminarily finds the Settlement to be fair, reasonable, and adequate, subject to further consideration at the Settlement Hearing described below.
Preliminary Approval of the Settlement. 8 6. The Court finds that the Settlement is the product of non-collusive 9 arm’s-length negotiations between experienced counsel who were thoroughly 10 informed of the strengths and weaknesses of the case through discovery and 11 motion practice, and whose negotiations were supervised by an experienced 12 mediator. The Court also finds that the Settlement is within the range of possible 13 approval because it compares favorably with the expected recovery balanced 14 against the risks of continued litigation as well as settlements in other data breach 15 cases, does not grant preferential treatment to the Plaintiffs and their counsel, and 16 has no obvious deficiencies.
Preliminary Approval of the Settlement. 3. The Settlement is the product of non-collusive arm’s-length negotiations between experienced counsel who were well informed of the strengths and weaknesses of the Litigation, including through discovery and motion practice, and whose settlement negotiations included mediation sessions supervised by Xxx. Xxx Xxxxxx (Xxx.). The Settlement confers substantial benefits upon the Settlement Class and avoids the costs, uncertainty, delays, and other risks associated with continued litigation, trial, and/or appeal. The consideration provided to the Settlement Class under the Settlement falls within the range of possible recovery, compares favorably with the potential recovery when balanced against the risks of continued litigation, does not grant preferential treatment to Plaintiffs, their counsel, or any subgroup of the Settlement Class, and has no obvious deficiencies. In addition to substantial monetary consideration, the Settlement provides the Class with valuable prospective relief in the form of warranty extensions and modifications to LG’s customer service protocols and procedures.
Preliminary Approval of the Settlement. 27 4. The Settlement is the product of non-collusive arm’s-length negotiations between 28 experienced counsel who were thoroughly informed of the strengths and weaknesses of the Action, 1 including through discovery and motion practice, and whose settlement negotiations were supervised by
Preliminary Approval of the Settlement. 7. Pursuant to the Settlement Agreement, the Defendants have agreed to pay $2,100,000 to create the Settlement Fund. Expenses associated with the settlement, amounts awarded to Class Counsel, or service payments to the Class Representative will be paid from the Settlement Fund prior to any payments made to members of the Settlement Class. Class Members will receive a pro-rata share of the Settlement Fund after attorneys’ fees and costs, the Class Representative’s service payment, the costs of notice and administration are deducted, and any other expenditure authorized by the Court.
Preliminary Approval of the Settlement. 9 Once the Actions become a single Consolidated Action in the XxXxxxxx Class Action case, 10 Class Counsel will submit this Agreement to the Court for preliminary approval. Such submission 11 will include such motions, pleadings, and evidence as may be required for the Court to determine 12 that this Agreement is fair, adequate, and reasonable. Such submission will also include a Class 13 Notice detailing the terms and conditions of the Agreement and will also include all the necessary 14 information for Class Members to exercise their options to be excluded from the Class or object to 15 the terms of the Agreement. At the preliminary approval hearing, the Court shall set a hearing to 16 determine whether to approve the settlement fully and finally.
Preliminary Approval of the Settlement. The Court preliminarily approved the settlement. As a part of the preliminary approval, the Court approved a proposed Plan of Allocation. A copy of the Plan of Allocation can be obtained by writing to Counsel for the Class at their addresses specified below or by accessing the documents at the website www. . Under the terms of the Plan of Allocation, the settlement funds shall be distributed to “Eligible Class Members” who are defined as the current owner of the Class Members’ royalties and overriding royalties for coal seam or coalbed methane gas (“CBM”) from the Fruitland formation in the San Xxxx Basin during the Class Period who did not opt out of the Class and whose portion of the Net Settlement Amount as calculated pursuant to the Plan of Allocation is equal to ten dollars or more. If you are a former owner of royalties and overriding royalties for CBM from the Fruitland formation in the San Xxxx Basin during the Class Period but were not the record owner of said royalties on June 1, 2014, you will not receive a payment unless you can show you are entitled to a portion of the settlement payments made to the current owner. A description of the allocation and your rights to make a claim are more specifically described in the Plan of Allocation at the website above.