Preliminary Approval by the Court. 4.1 The Parties shall cooperate, assist, and undertake all reasonable actions to accomplish the steps contemplated by this Altria Class Settlement Agreement and to implement this Altria Class Settlement Agreement on the terms and conditions provided herein.
Preliminary Approval by the Court. Within twenty-eight (28) days of the execution of 18 this Agreement, Plaintiffs shall submit to the Court a Motion for Preliminary Approval of the Settlement (“Preliminary Approval Motion”). The Preliminary Approval Motion 19 shall seek the setting of dates for objections, and a Final Approval Hearing and shall present the [Proposed] Order Granting Preliminary Approval consistent with this 20 agreement.
Preliminary Approval by the Court. 4.1 The Parties shall cooperate, assist, and undertake all reasonable actions to accomplish the steps contemplated by this Class Settlement Agreement and to implement this Class Settlement Agreement on the terms and conditions provided herein.
Preliminary Approval by the Court. Within 14 calendar days of the execution of this Agreement, Plaintiffs will submit to the Court a Motion for Preliminary Approval of the Class Action Settlement and Collective Action Settlement (“Preliminary Approval Motion”). In the Preliminary Approval Motion, Class Counsel will inform the Court of the intended process to obtain a “Final Approval Order” and a “Judgment of Dismissal” that will, among other things: (a) approve the settlement as fair, adequate and reasonable; (b) incorporate the terms of the Release, as described herein; (b) dismiss the Litigation with prejudice; (d) award Class Counsel fees and costs; and (e) award Service Awards to Named Plaintiffs as more fully set forth herein.
Preliminary Approval by the Court. Within ten (10) days after the execution of this Agreement, Plaintiffs will file a motion with the Court seeking an Order Granting Preliminary Approval, as defined above. If the Court denies this motion, for any reason, the Parties jointly agree to seek reconsideration of the ruling or seek Court approval of a renegotiated settlement. If the Litigation resumes, the case will proceed as if no settlement had been attempted, and Defendants reserve and retain the right to contest whether this case should be maintained as a class action and to contest the merits of the claims being asserted by Plaintiffs in this Litigation.
Preliminary Approval by the Court. The Parties shall petition the Denver County District Court for preliminary approval of this Agreement and for notice to be sent to the Class Members as specified herein. The Parties will submit this Stipulation and a [proposed] Preliminary Approval Order.
Preliminary Approval by the Court. 7. Following execution of this Agreement by the Named Plaintiffs, Class Counsel and Defendant, the Named Plaintiffs, Class Counsel and the Fund shall appear before the Court and move for an order (the “Preliminary Approval Order”) substantially similar to Exhibit A attached to this Agreement. The Preliminary Approval Order shall:
Preliminary Approval by the Court. The Parties will file this Agreement and supporting documentation with the Court to seek an Order Granting Preliminary Approval.
Preliminary Approval by the Court. The Parties shall apply jointly to the Court for preliminary certification of the Class and preliminary approval of this Settlement. As soon as practicable after the Court preliminarily certifies a Class as defined herein and preliminarily approves this Settlement, the Parties shall promptly execute this Settlement Agreement. Each party shall fully cooperate and contribute to the joint request for approval of the Settlement. The Parties shall seek the entry of the Preliminary Approval Order substantially in the form attached hereto as Exhibit B, asking the Court to:
Preliminary Approval by the Court. The Parties shall petition the Federal District Court for the Western District of Missouri for preliminary approval of this Agreement and for notice to be sent to the Class Members as specified herein. The Parties will submit this Agreement along with a motion for preliminary and final approval of this Agreement.
