Preliminary Settlement Approval. Class Counsel shall use reasonable efforts to file a motion seeking a Preliminary Approval/Notice Order by August 1, 2019. The Preliminary Approval/Notice Order shall provide for: preliminary approval of this Agreement, provisional certification of each class for settlement purposes, appointment of Class Counsel as counsel to the provisionally certified classes, and the requirement that the Notice be given to the Class Members as provided in Section 5, below (or as otherwise determined by the Court).
Preliminary Settlement Approval. Upon preliminary review, the Court concludes and finds that the proposed Settlement is fair, reasonable, and adequate to warrant providing Notice of the Settlement to the Settlement Class and accordingly is preliminarily approved.
Preliminary Settlement Approval. Upon preliminary review, the Court finds the Settlement is fair, reasonable, and adequate to warrant providing notice of the Settlement to the Settlement Class and accordingly is preliminarily approved. In making this determination, the Court has considered the monetary and non-monetary benefits provided to the Settlement Class through the Settlement, the specific risks faced by the Settlement Class in prevailing on their claims, the good faith, arms’ length negotiations between the Parties and absence of any collusion in the Settlement, the effectiveness of the proposed method for distributing relief to the Settlement Class, the proposed manner of allocating benefits to Settlement Class Members, the Settlement treats the Settlement Class Members equitably, and all of the other factors required by Rule 23 and relevant case law.
Preliminary Settlement Approval. As soon as practicable after the Parties execute this Agreement, Class Counsel will present this Agreement to the Court for preliminary settlement approval and will request by unopposed motion that the Court enter a Preliminary Approval Order.
Preliminary Settlement Approval. 49. Upon execution of this Agreement by all Parties, Class Counsel shall promptly file a motion with the Court requesting that it enter the Preliminary Approval Order certifying a settlement class, granting preliminary approval of this Settlement, and scheduling a Final Approval hearing for a time and date at which the Court will conduct an inquiry into the fairness of the Settlement, determine whether it was made in good faith, and determine whether to approve the Settlement and Class Counsel’s application for attorneys’ fees, costs, and expenses and for a Service Award to Plaintiff.
Preliminary Settlement Approval. Contemporaneously with the motion for provisional certification of the Settlement Class, Plaintiffs shall move the Court for a Preliminary Approval Order substantially in the form attached as Exhibit 1 and setting the Final Approval Hearing at least one hundred (100) calendar days after entry of the Preliminary Approval Order.
Preliminary Settlement Approval. The Court hereby preliminarily approves the Settlement, as embodied in the Settlement Agreement, as being fair, reasonable and adequate to the Settlement Class, subject to further consideration at the Final Approval Hearing to be conducted as described below. Pursuant to Rule 23(e)(1) of the Federal Rules of Civil Procedure, the Parties have shown that the Court will likely be able to approve the proposal under Rule 23(e)(2), which requires the Court to consider the following factors in determining whether a proposed settlement is fair, reasonable, and adequate:
Preliminary Settlement Approval. Within two weeks of all parties signing this Agreement, Class Counsel shall use reasonable efforts to file a motion seeking a Preliminary Approval/Notice Order. The Preliminary Approval/Notice Order shall provide for: preliminary approval of this Agreement, provisional certification of a class for settlement purposes, appointment of Class Counsel as counsel to the provisionally certified class, and the requirement that the Notice be given to the Class Members as provided in Section 5, below (or as otherwise determined by the Court).
Preliminary Settlement Approval. On or before September 30, 2020 (or such other date set by the Court), Class Counsel shall use reasonable efforts to file a Motion seeking a Preliminary Approval/Notice Order. The Preliminary Approval/Notice Order shall provide for: Preliminary Approval of this Agreement, provisional certification of each class for settlement purposes, appointment of Class Counsel as counsel to the provisionally certified classes, and the requirement that the Notice be given to the Settlement Class members as provided in Section 5, below.
Preliminary Settlement Approval. As soon as reasonably practicable after this Agreement is fully executed, Xxxxxx shall prepare and file an application seeking an Order from the Court: (1) preliminarily approving of this Agreement as fair, reasonable, and adequate; (2) certifying the Settlement Class; (3) approving and appointing the Claims Administrator; (4) approving the form, manner, and content of the Class Notice and Notice Plan; (5) setting the date and time of the Fairness Hearing and related proceedings; and (6) appointing Xxxxxx as Class Representative and her counsel as Class Counsel. Slendertone shall join in or indicate its non- opposition to the motion.
