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.
Motion for Preliminary Approval. Promptly following the execution of this Settlement Agreement by all parties hereto, Plaintiff shall file with the Court a motion for preliminary approval of the Settlement. The motion for preliminary approval shall request the entry of a preliminary approval order substantially in the form of Exhibit A hereto (the “Preliminary Approval Order”), including: (i) the preliminary approval of the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate, and in the best interests of the Direct Purchaser Class; (ii) approval of the notice and proposed notice plan; (iii) a schedule for a hearing by the Court after the notice period has expired to approve the Settlement and to consider Plaintiffs’ counsel’s applications for attorneys’ fees, reimbursement of costs and expenses, and any incentive award for the Named Plaintiff; (iv) a stay of all proceedings in the Action until such time as the Court renders a final decision regarding the approval of the Settlement, as described below in paragraph 19; and (v) approval of an escrow agreement regarding the Settlement consideration described below in paragraph 10. After the Court preliminarily approves the Settlement, Plaintiff shall, in accordance with the Preliminary Approval Order, provide Direct Purchaser Class members with notice of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure substantially in the form attached hereto as Exhibit B. Plaintiffs’ counsel will recommend notice to the Direct Purchaser Class by means of direct first class mail.
Motion for Preliminary Approval. Plaintiff will prepare and file a motion for preliminary approval (“Motion for Preliminary Approval”).
Motion for Preliminary Approval. Class Counsel agrees to prepare and file a motion for preliminary approval (“Motion for Preliminary Approval”) that complies with the Court’s current checklist for Preliminary Approvals, subject to review and approval by counsel for JBT prior to filing.
Motion for Preliminary Approval. Following the execution of this Agreement, Settlement Class Counsel shall promptly file the Motion for Preliminary Approval, seeking entry of the Preliminary Approval Order.
Motion for Preliminary Approval. 1. Plaintiffs will file a motion requesting the Court to grant preliminary approval of this Agreement and Settlement (“Preliminary Approval Motion”) and to enter a Preliminary Approval Order, which will accomplish the following, among other matters:
Motion for Preliminary Approval. The Parties agree to jointly prepare and
Motion for Preliminary Approval. Concurrent with submission of this Agreement for the Court’s consideration, Class Counsel shall submit to the Court a motion for preliminary approval of this Agreement. The motion shall seek entry of a Preliminary Approval Order substantially in the form attached hereto as Exhibit 1.
Motion for Preliminary Approval. Plaintiff will obtain a hearing to request preliminary 27 approval of this Agreement, to obtain entry of an order that would (i) conditionally certify a settlement 28 class for settlement purposes only, (ii) grant preliminary approval of this Agreement, (iii) approve a Notice 1 of Settlement, (iv) enjoin Class Members from initiating or prosecuting any claim to be released under 2 this Agreement, unless they first submit a Request for Exclusion, and (v) set a date for a Final Approval
Motion for Preliminary Approval. After good faith consultation with Defendant’s Counsel, Class Counsel will file with the Court a motion for preliminary approval within a reasonable time after the execution of this Agreement by all Parties. The motion for preliminary approval shall include a proposed Preliminary Approval Order, a Class Notice, Claim Form, a Postcard Notice, and a proposed Final Judgment, all substantially in form and content as Exhibits 1-5. The Parties shall take reasonable steps to secure expeditious entry by the Court of a Preliminary Approval Order and shall request that the Court schedule a Final Approval Hearing no earlier than one-hundred and twenty (120) days after entry of a Preliminary Approval Order. Defendant may, but is not required to, file a memorandum in support of the motion for preliminary approval.
