Preliminary Approval of the Settlements Sample Clauses

Preliminary Approval of the Settlements. 16 A trial court may approve a proposed settlement if it is determined to be “fair, reasonable, 17 and adequate.” Fed. R. Civ. P. 23(e)(2). Preliminary approval should only be granted where the 18 parties have “show[n] that the court will likely be able to . . . approve the proposal under Rule 19 23(e)(2).” Fed. R. Civ. P. 23(e)(1)(B); see also X’Xxxxxx v. Uber Technologies, Inc., No. 13-cv- 20 03826-EMC, 2019 WL 1437101, at *4 (N.D. Cal. 2019). “The Court cannot, however, fully 21 assess such factors until after the final approval hearing; thus, a full fairness analysis is 22 unnecessary at th[e] [preliminary approval] stage.” Xxxxxxx v. NSMG Shared Services, LLC, 333 00 X.X.X. 000, 000 (X.X. Cal. 2019) (quoting Xxxxxxx x. GMRI, Inc., 252 F.R.D. 652, 665 (E.D. Cal. 24 2008) (internal quotation marks omitted)). And while the trial court must make a preliminary 25 finding of fairness, there is a “‘strong judicial policy that favors settlements, particularly where 26 complex class action litigation is concerned.’” See Ayala v. Coach, Inc., No. 14-CV-02031-JD, 27 2016 WL 9047148, at *2 (N.D. Cal. Oct. 17, 2016) (quoting Class Ptfs. v. City of Seattle, 955 28 F.2d 1268, 1276 (9th Cir. 1992)). 1 The Court hereby finds that it is likely to approve the proposed Settlements under the 3 including the injunctive relief provided to the Settlement Classes and the release of claims, and 4 Plaintiffs’ motion papers. Based on review of those papers and its familiarity with the Actions, 5 the Court finds and concludes that the Settlements are the result of good-faith, prolonged, serious, 6 informed, and non-collusive arms’-length negotiations after Class Counsel had adequately 7 investigated Plaintiffs’ claims, including through extensive discovery, and become familiar with 8 their strengths and weaknesses. The assistance of Judge Xxx Xxxxxx (Xxx.), Lexi X. Xxxx, and 9 Xxxxx Xxxxx, three highly-qualified mediators, in the settlement process supports the finding that 10 the Settlements are non-collusive. The Settlements will also avoid substantial additional costs to 11 all parties, as well as avoid the delay and risks presented by further prosecution of issues during 12 pre-trial, trial, and possible appeal. Additionally, Class Counsel’s review of the extensive 13 discovery provided in this action and evaluation of the strength of the Settlement Classes’ claims 14 against each defendant supports the scope of relief set forth in the Settlement Agreements. Based
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Related to Preliminary Approval of the Settlements

  • PRELIMINARY APPROVAL OF SETTLEMENT 3. Promptly upon execution of this Stipulation, Lead Plaintiffs will move for preliminary approval of the Settlement, certification of the Settlement Class for settlement purposes only, and the scheduling of a hearing for consideration of final approval of the Settlement, which motion shall be unopposed by Defendants. Concurrently with the motion for preliminary approval, Lead Plaintiffs shall apply to the Court for, and Defendants shall agree to, entry of the Preliminary Approval Order, substantially in the form attached hereto as Exhibit A. RELEASE OF CLAIMS

  • Preliminary Approval Order “Preliminary Approval Order” means the order of the Court preliminarily approving this Settlement Agreement.

  • Preliminary Approval Within a reasonable time after execution of this Settlement Agreement by the Parties, Plaintiff shall apply to the Court for the entry of an Order:

  • Regulatory Approvals All Requisite Regulatory Approvals shall have been obtained and shall remain in full force and effect and all statutory waiting periods in respect thereof shall have expired, and no such Requisite Regulatory Approval shall have resulted in the imposition of any Materially Burdensome Regulatory Condition.

  • Motion for Preliminary Approval The Parties agree to jointly prepare and file a motion for preliminary approval (“Motion for Preliminary Approval”) that complies with the Court’s current checklist for Preliminary Approvals.

  • Approval of Plans Landlord will not check Tenant drawings for building code compliance. Approval of the Final Plans by Landlord is not a representation that the drawings are in compliance with the requirements of governing authorities, and it shall be Tenant’s responsibility to meet and comply with all federal, state, and local code requirements. Approval of the Final Plans does not constitute assumption of responsibility by Landlord or its architect for their accuracy, sufficiency or efficiency, and Tenant shall be solely responsible for such matters.

  • State Approval of Replacement Personnel The Engineer may not replace the project manager or key personnel without prior consent of the State. The State must be satisfied that the new project manager or other key personnel is qualified to provide the authorized services. If the State determines that the new project manager or key personnel is not acceptable, the Engineer may not use that person in that capacity and shall replace him or her with one satisfactory to the State within forty-five (45) days.

  • Necessary Approvals Each Party shall be responsible for obtaining and keeping in effect all approvals from, and rights granted by, governmental authorities, building and property owners, other carriers, and any other persons that may be required in connection with the performance of its obligations under this Agreement. Each Party shall reasonably cooperate with the other Party in obtaining and maintaining any required approvals and rights for which such Party is responsible.

  • Settlement Approval The approval of the Master Servicer need not be requested for disposition of insurance loss settlements and the Servicer may disburse the loss proceeds as provided herein.

  • NOTICE, APPLICATION, AND APPROVALS 12.1 - Any notice to Lessor or Lessee required by this Lease shall be complete if submitted in writing and transmitted by personal delivery (with signed delivery receipt), or certified or registered mail return receipt request, or by a nationally recognized overnight delivery service. Unless either party notifies the other in writing of a different mailing address, notice to the Lessor and/or Lessee shall be transmitted to:

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