Preliminary Findings Regarding Proposed Settlement. The Court preliminarily finds that:
Preliminary Findings Regarding Proposed Settlement. The Court preliminarily finds that (i) the proposed Settlement resulted from extensive arm’s-length negotiations, including mediation, (ii) the Settlement Agreement was executed only after Class Counsel had conducted appropriate investigation and discovery regarding the strengths and weaknesses of Plaintiff’s claims, (iii) Class Counsel have concluded that the proposed Settlement is fair, reasonable, and adequate, and (iv) the proposed Settlement is sufficiently fair, reasonable, and adequate to warrant sending notice of the proposed Settlement to the Settlement Class. Having considered the essential terms of the Settlement under the recommended standards for preliminary approval of settlements as set forth in relevant case law, the Court finds that those whose claims would be settled, compromised, dismissed, and/or released pursuant to the Settlement should be given notice and an opportunity to be heard regarding final approval of the Settlement and other matters.
Preliminary Findings Regarding Proposed Settlement. The Settlement documented 1 in the Settlement Agreement is hereby PRELIMINARILY APPROVED, subject to further 2 consideration at the hearing the Court will hold pursuant to Federal Rule of Civil Procedure 23(e) to 3 determine whether the Settlement should receive final approval by the Court, as provided for below 4 ( “Final Approval Hearing”), as the Court preliminarily finds that:
Preliminary Findings Regarding Proposed Settlement. The Court finds on a preliminary basis that the Settlement Agreement filed and incorporated herein by reference, and made a part of this Order of Preliminary Approval, appears to be within the scope of reasonableness of a settlement which could ultimately be given final approval by this Court; it further appears to this Court on a preliminary basis, that the settlement amount is fair and reasonable to Class Members when balanced against the probable outcome of further litigation relating to liability and damages issues and potential appeals of rulings; that significant discovery, investigation, research, and litigation has been conducted such that counsel for the parties at this time are able to reasonably evaluate their respective positions; that settlement at this time will avoid substantial costs, delay and risks that would be presented by the further prosecution of the litigation; that the proposed Settlement resulted from informed, extensive non- collusive arm’s-length negotiations and numerous mediation sessions over a period of seven months before Xxxxxx Xxxxx, and followed years of contested motion practice and discovery; and that the proposed Settlement is sufficiently fair, reasonable, and adequate to warrant sending notice of the Settlement to the Settlement Class.
Preliminary Findings Regarding Proposed Settlement. The Court preliminarily finds that the proposed Settlement should be approved as: (a) fair, adequate, and reasonable to those it affects and consistent with the public interest; (b) the product of serious, informed, arm’s-length, and non-collusive negotiations; (c) having no obvious deficiencies;
Preliminary Findings Regarding Proposed Settlement. 3. The Court preliminarily approves the Settlement as fair, reasonable, and adequate to all Class Members, pending a final settlement and fairness hearing (the “Final Approval Hearing”). The Court preliminarily finds that the proposed Settlement should be approved as: (i) the result of serious, extensive arm’s length and non-collusive negotiations; (ii) falling within a range of reasonableness warranting final approval; (iii) having no obvious deficiencies; (iv) not improperly granting preferential treatment to Plaintiffs or segments of the Class; and (v) warranting Notice of the proposed Settlement and the Final Approval Hearing described below.
Preliminary Findings Regarding Proposed Settlement. The Court finds that the proposed settlement as evidenced by the Agreement is sufficiently fair, reasonable and adequate to warrant providing notice of the Action and the proposed Agreement to Halliburton Securities Holders and holding a Fairness Hearing on the Agreement. In making this finding, the Court preliminarily concludes that the proposed settlement appears to have resulted from negotiations conducted at arm’s length by the Settling Parties and their counsel, under the auspices of an experienced mediator, and that the terms and conditions of the Agreement do not have any obvious deficiencies.
Preliminary Findings Regarding Proposed Settlement. The Court preliminarily finds that: 1 The individual defendants areEdward Xxxxxxx, Xxxxx X. Xxxxx, C. Xxxxxx Xxxxxxxx, Xxxxxx X. Xxxxx, T. Xxxxxxxxx Xxxxxxxxxx III, Xxxx X. Xxxxxx, Xxxx X. Xxxxx, Xx., Xxxxxxx W.E. Xxxxxxx, Xxxxxxx X. Xxxx, Xxxxxx X.X. Xxxxxxx, Xxxxxxx X. Xxxx, Xxxxxx X. Xxxxxx, Xx., Xxxxx X. Xxxxxxxx, Xxxxxxx X. Xxxxxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxxxx, Xxxxx X. Xxxxxxx, Xxxxx Xxxxxxx, Xxxxx Xxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxxxxx, Xxxxxxx X. Xxxxxx, and Xxxxxxx X. Xxxxxxxxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, and Xxxx X. Xxxxxxxxx.
Preliminary Findings Regarding Proposed Settlement. The Court preliminarily finds that: (1) there is no evidence that the Settlement Agreement is the result of fraud or collusion; to the contrary, the Settlement was arrived at following significant litigation and arms-length negotiations conducted between experienced counsel with the assistance of a highly-regarded mediator; (2) the issues raised in the litigation are complex, and continued litigation would be both expensive and time consuming; (3) the parties engaged in sufficient discovery to fairly evaluate the strengths and weaknesses of their respective legal positions; (4) plaintiffs’ likelihood of succeeding on the merits is far from assured, especially in light of caselaw developments since the initial filing of their lawsuit; (5) class counsel and the class representatives support the settlement; and (6) the settlement of this substantial and complex litigation would serve the public interest.
