40.42 Order Setting Hearing on Proposed Class Settlement

[caption]

Order No. 		

	The court having preliminarily reviewed the proposed settlement of this action, it is ORDERED:
1.	Proposed Settlement. The proposed settlement between the plaintiff class and the defendants appears to be within the range of reasonableness and accordingly shall be submitted to the class members for their consideration and for a hearing under Fed. R. Civ. P. 23(e).
2.	Hearing. A hearing shall be held in Courtroom              , United States Courthouse,         [address]        ,
at        a.m./p.m., on       [date]      , to consider whether the settlement is fair, reasonable, and adequate and should receive the court’s ﬁnal approval.
(a)	Objections by class members to the proposed settlement will be considered if ﬁled in writing with the clerk on or before          [date]        .
(b)	At the hearing, class members may be heard orally in support of or in opposition to the settlement, provided such persons ﬁle with the clerk by     [date]    , a written notification of their desire to appear personally, indicating (if in opposition to the settlement) brieﬂy the nature of the objection.
(c)	Counsel for the class and for the defendants should be prepared at the hearing to respond to objections ﬁled by class members and to provide other information, as appropriate, bearing on whether or not the settlement should be approved.
3.	Notice. The parties to the proposed settlement shall by          [date]        , cause to be mailed in the name of the clerk, by ﬁrst class mail, postage prepaid, to members of the class [who did not timely elect to be excluded from litigation] a notice in plain language and in substantially the form of the Federal Judicial Center’s Illustrative Notices, which can be found on the Class Action Notices page of the Center’s Web site (www.fjc.gov). [Notice of the proposed settlement (and of the rights of class members to object to or opt out of the proposed settlement) shall also be given by publication in a summary form as illustrated on the Class Action Notices page of the Center’s Web site.
		The notice should include information about attorney fees sought by attorneys for the class.1
Dated: 												
									United States District Judge
Note:
	1.	See Fed. R. Civ. P. 23(h)(1).