Preliminary Approval Proceedings Clause Samples
The Preliminary Approval Proceedings clause outlines the process by which a court initially reviews and approves a proposed settlement or agreement before final approval is granted. Typically, this clause details the steps required for the parties to submit the settlement for preliminary judicial review, including the necessary documentation and notice to affected parties. Its core function is to ensure that the settlement meets minimum legal standards and that all interested parties are informed and given an opportunity to respond, thereby safeguarding fairness and transparency in the approval process.
Preliminary Approval Proceedings. (i) Within 14 days of ACT confirming in writing to Class Counsel that all ACT examinees will be able, going forward, to enroll in EOS in the same manner during the process of registering to take the ACT Test and to be assigned ACT ID numbers, without regard to whether an examinee will test with or without accommodations and without regard to whether an examinee has or does not have any disabilities (the “Confirmation of Completion of Changes”), Plaintiffs shall apply to the Court for a Preliminary Approval Order. The Confirmation of Completion of Changes will inform Class Counsel the date on which ACT completed the changes (the “Date of Completion of Changes”). This Settlement Agreement shall remain confidential until such time as ACT has provided the Confirmation of Completion of Changes to Class Counsel and Plaintiffs apply to the Court for a Preliminary Approval Order.
(ii) In the event that ACT is not able to make and provide Confirmation of Completion of Changes on or before September 1, 2020, due to technological difficulties or other unforeseen circumstances, Defense Counsel shall notify Class Counsel and ACT shall have a one-time extension to October 1, 2020 to provide a Certification of Completion. If ACT is unable to provide a Certification of Completion by December 1, 2020 and the Parties are unable to resolve the timing of the Certification of Completion amongst themselves, the Parties shall submit the issue to the Court to weigh the balance of equities as between ACT and the settlement class members at the time of submission and make a decision as to when the Confirmation of Completion of Changes shall be completed.
Preliminary Approval Proceedings. Promptly after execution of the Agreement, Plaintiffs will submit the Agreement together with its Exhibits to the Court and will apply for entry of an order, substantially in the form of Exhibit D, requesting, inter alia, preliminary approval of the Settlement set forth in the Agreement; the setting of dates for the mailing of the Notice, Claim Form Deadline, Opt-Out Deadline, Objection Deadline, and Final Approval Hearing; approval of the Claims Administrator; appointment of the Special Master; and approval of the Notice.
Preliminary Approval Proceedings. Promptly after execution of this Settlement Agreement, Class Counsel (as defined in Paragraph 10(a) below) will submit this Settlement Agreement together with its Exhibits to the Court, and will file an assented-to motion seeking entry of an order substantially in the form attached hereto as Exhibit A (the “Preliminary Approval Order”), requesting, among other things:
(a) Preliminary approval of the Settlement;
(b) Approval of Notice in the form attached hereto as Exhibit B;
(c) Approval of a Summary Notice in the form attached hereto as Exhibits C- 1, C-2, and C-3;
(d) Establishment of (1) a deadline for the Settlement Administrator to deliver Notice to Class Members; and (2) the date (the “Final Approval Hearing Date”) on which to conduct a hearing (the “Final Approval Hearing”) to determine whether to grant final approval to the Settlement and other related matters pursuant to Mass. R. Civ. P. 23 and ▇.▇. ▇. 93A, § 9(2);
(e) Establishment of a deadline for Class Members to object to the Settlement (“Objection Deadline”), which shall be no later than thirty (30) days before the Final Approval Hearing Date; and