Preliminary Approval of the Settlement. The Court hereby preliminarily approves the Settlement, as embodied in the Stipulation, as being fair, reasonable and adequate to the Settlement Class, subject to further consideration at the Settlement Hearing to be conducted as described below.
Preliminary Approval of the Settlement. The Court hereby preliminarily approves the Settlement, as embodied in the Stipulation, and finds, pursuant to Rule 23(e)(1)(B)(i) of the Federal Rules of Civil Procedure, that it will likely be able to finally approve the Settlement under Rule 23(e)(2) as being fair, reasonable, and adequate to the Class, subject to further consideration at the Settlement Hearing to be conducted as described below.
Preliminary Approval of the Settlement. 10. At the preliminary approval stage, the Court’s task is to evaluate whether the Settlement is within the “range of reasonableness.” 4 Xxxxxxx on Class Actions § 11.26. “Preliminary approval is appropriate where the proposed settlement is the result of the parties’ good faith negotiations, there are no obvious deficiencies and the settlement falls within the range of reason.” Xxxxx v.
Preliminary Approval of the Settlement. 13 3. On , the Court granted preliminary approval of a class-wide 14 settlement. At this same time the court approved certification of a provisional settlement class for 15 settlement purposes only. The Court confirms this Order and finally approves the settlement and 16 the certification of the Class.
Preliminary Approval of the Settlement. 7. Pursuant to the Settlement Agreement, the Defendants have agreed to pay $2,100,000 to create the Settlement Fund. Expenses associated with the settlement, amounts awarded to Class Counsel, or service payments to the Class Representative will be paid from the Settlement Fund prior to any payments made to members of the Settlement Class. Class Members will receive a pro-rata share of the Settlement Fund after attorneys’ fees and costs, the Class Representative’s service payment, the costs of notice and administration are deducted, and any other expenditure authorized by the Court.
Preliminary Approval of the Settlement. 8 6. The Court finds that the Settlement is the product of non-collusive 9 arm’s-length negotiations between experienced counsel who were thoroughly 10 informed of the strengths and weaknesses of the case through discovery and 11 motion practice, and whose negotiations were supervised by an experienced 12 mediator. The Court also finds that the Settlement is within the range of possible 13 approval because it compares favorably with the expected recovery balanced 14 against the risks of continued litigation as well as settlements in other data breach 15 cases, does not grant preferential treatment to the Plaintiffs and their counsel, and 16 has no obvious deficiencies.
Preliminary Approval of the Settlement. 27 4. The Settlement is the product of non-collusive arm’s-length negotiations between 28 experienced counsel who were thoroughly informed of the strengths and weaknesses of the Action, 1 including through discovery and motion practice, and whose settlement negotiations were supervised by
Preliminary Approval of the Settlement. 3. Upon review of the record, the Court finds the proposed Settlement Agreement was arrived at by arm’s length negotiations between highly experienced counsel. The Court further finds that the terms of the settlement fall within the range of possible approval and therefore the Court preliminarily approves of the settlement subject to further consideration at the Court’s Final Approval Hearing. The Court finds that the Settlement Agreement is preliminarily determined to be fair, reasonable, adequate, and in the best interests of the certified classes, raises no obvious reasons to doubt its fairness, and raises a reasonable basis for presuming that the Settlement and its terms satisfy the requirements of Federal rules of Civil Procedure 23(c)(2) and 23(e).
Preliminary Approval of the Settlement. 5. The Court preliminarily approves the Settlement, together with all exhibits thereto, as fair, reasonable, and adequate. The Court finds the Settlement was reached in the absence of collusion, is the product of informed, good-faith, arms’ length negotiations between the Parties and their capable and experienced counsel, and was reached with the assistance of a well-qualified and experienced mediator, Xxxxxxx Xxxxxx, Esq. The Court further finds the Settlement, including the exhibits thereto, is within the range of reasonableness and possible judicial approval, such that:
Preliminary Approval of the Settlement. 5. The Court preliminarily finds that the Settlement is the product of non-collusive, arm’s-length negotiations between experienced class action attorneys who were well informed of the strengths and weaknesses of the Action, including through discovery and motion practice, and whose settlement negotiations were supervised by an experienced, nationally renowned mediator, Hunter X. Xxxxxx III. The Settlement confers substantial benefits upon the Settlement Class and avoids the costs, uncertainty, delays, and other risks associated with continued litigation, trial and/or appeal concerning the claims at issue. The Settlement falls within the range of possible recovery, compares favorably with the potential recovery when balanced against the risks of continued prosecution of the claims in the Action, and does not grant preferential treatment to Plaintiffs, their counsel, or any subgroup of the Settlement Class.
