EXHIBIT 10.1A
Exhibit A: [Proposed] Order GRANTING PRELIMINARY APPROVAL
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
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IN RE: AQUEOUS FILM-FORMING | ) | MDL No. 2:18-mn-2873 |
FOAMS PRODUCTS LIABILITY | ) |
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LITIGATION | ) |
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[PROPOSED] ORDER GRANTING
PRELIMINARY APPROVAL OF Settlement AGREEMENT
Before the Court is the Motion of proposed Class Counsel for Preliminary Approval of Settlement Agreement (the “Preliminary Approval Motion”), pursuant to Rules 23(a), 23(b), and 23(e) of the Federal Rules of Civil Procedure, which seeks: (1) Preliminary Approval of the Settlement Agreement; (2) preliminary certification, for settlement purposes only, of the Settlement Class; (3) approval of the form of Notice to the Settlement Class; (4) approval of the Notice Plan; (5) appointment of Class Counsel; (6) appointment of Class Representatives; (7) appointment of the Notice Administrator; (8) appointment of the Claims Administrator; (9) appointment of the Special Master; (10) appointment of the Escrow Agent; (11) approval of the Escrow Agreement; (12) establishment of the Qualified Settlement Fund; (13) scheduling of a Final Fairness Hearing; and (14) a stay of all proceedings brought by Releasing Persons in the MDL and in other Litigation in any forum as to Settling Defendants, and an injunction against the filing of any new such proceedings.
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WHEREAS, a proposed Settlement Agreement has been reached by and among (i) Class Representatives, individually and on behalf of the Settlement Class Members, by and through Class Counsel, and (ii) defendants The Chemours Company, The Chemours Company FC, LLC, DuPont de Nemours, Inc., Corteva, Inc., and E.I. DuPont de Nemours and Company n/k/a EIDP, Inc.;
WHEREAS, the Court, for the purposes of this Order Granting Preliminary Approval, adopts all defined terms as set forth in the Settlement Agreement;
WHEREAS, this matter has come before the Court pursuant to the Preliminary Approval Motion;
WHEREAS, Settling Defendants do not oppose the Court’s entry of this Order Granting Preliminary Approval;
WHEREAS, the Court finds that it has jurisdiction over the action and each of the Parties for purposes of settlement and asserts jurisdiction over the Class Representatives for purposes of considering and effectuating the Settlement Agreement;
[WHEREAS, the Court held a hearing on the Preliminary Approval Motion on _______________, 2023; and]
WHEREAS, the Court has considered all of the presentations and submissions related to the Preliminary Approval Motion and, having presided over and managed the proceedings in the MDL as Transferee Judge since December 7, 2018, pursuant to the Transfer Order of the same date, is familiar with the facts, contentions, claims, and defenses as they have developed in these proceedings, and is otherwise fully advised of all relevant facts in connection therewith;
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IT IS HEREBY ORDERED AS FOLLOWS:
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SO ORDERED this _______ day of ____________, 2023.
The Honorable Richard M. Gergel
United States District Judge
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