40.43	Combined Certification and Proposed Settlement Order
 [caption]
Order No. 				

	In accordance with the findings and conclusions contained in the Opinion [omitted] filed concurrently, it is ORDERED:

1.	Class Certiﬁcation.1 Civil Action No. 		, styled 				
  						, shall be maintained as a class action on behalf of the following class of plaintiffs:
[Describe class in objective terms to the extent possible. For example, “All persons and entities throughout the United States and its territories (other than [widget] manufacturers and entities owned or controlled by them) that, between       [date]        , and         [date]       , have purchased [widgets] directly from any of the defendants or any other [widget] manufacturer.”] 
	with respect to the following cause(s) of action:
[Describe class claims as precisely as possible. For example, “Any claims for damages or injunctive relief under federal antitrust laws premised upon an alleged conspiracy among [widget] manufacturers to restrict competition in the manufacture, distribution, and sale of [widgets] by setting the minimum prices charged for [widgets] between
     [date]     , and      [date]      .”]
2.	Class Representative; Class Counsel. [A.B. Co.] is designated as class representative and [X.Y.] is designated as counsel for the class.
3.	Exclusion. The notice to class members must inform them as to how they may exclude themselves from the class.
4.	Proposed Settlement. The proposed settlement between the plaintiff class and the defendants appears, upon preliminary review, to be within the range of reasonableness and accordingly shall be submitted to the class members for their consideration and for a hearing under Federal Rule of Civil Procedure 23(e). The terms of the settlement are as follows:
					[describe terms in clear, nontechnical manner]			
													
													.
5.	Hearing. A hearing shall be held in Courtroom               , United States Courthouse 			, at         a.m./p.m., on      [date]     , to consider whether the settlement should be given final approval.
(a)	Objections by class members (who do not timely elect to exclude themselves from the class) to the proposed settlement should be considered if filed in writing with the clerk on or before          [date]         .
(b)	At the hearing, class members (who do not timely elect to exclude themselves from the class) 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 the 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 such class members and to provide other information, as appropriate, bearing on whether or not the settlement should be approved.
6.	Notice
(a)	Class counsel shall by        [date]       , cause to be mailed in the name of the clerk by first class mail, postage prepaid, to all class members who can be identified through reasonable efforts, a notice written in plain language and approved by the court. For illustrative examples of the form of such notices, see the Federal Judicial Center’s Web site (www.fjc.gov) and go to the Class Action Notices page. A copy of a full notice combining certification and a proposed settlement and using asbestos litigation as an example (as it appeared on May 5, 2003) is reproduced as Attachment A.
			In addition to class members identified through an examination of defendants’ records, this notice will also be mailed to persons who are members of [National Widget Dealers Trade Association].
(b)	Class counsel shall cause to be published in the      [publication]     by
         [date]     , a notice in substantially the same style and format as the illustrative summary notices posted on the Class Action Notices page of the Federal Judicial Center’s Web site (www.fjc.gov). A copy of a summary publication notice using asbestos litigation as an example (as it appeared on May 5, 2003) is reproduced as Attachment B.
7.	List of Class Members. Class counsel will file with the clerk by       [date]    , an affidavit identifying the persons to whom notice has been mailed and who have not timely requested exclusion.
Dated: 												
									United States District Judge
Attachments A & B: [See full asbestos notice and publication notice on the FJC Web page (www.fjc.gov).]

Notes:
	1.	When the parties propose a settlement before a class has been certified, the court should ordinarily determine whether the proposed class satisfies the requirements of Federal Rules of Civil Procedure 23(a) and (b) before directing notice to be sent to the class. See supra section 21.632.