| name | class-settlement-preliminary-approval |
| title | Motion for Preliminary Approval of Class Action Settlement |
| description | Drafts a Motion for Preliminary Approval of Class Action Settlement under Rule 23(e), covering settlement class certification, notice plan, claims administration, fairness analysis, and proposed scheduling order. Use when drafting preliminary approval motions, class action settlement filings, or Rule 23(e) submissions. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/class-settlement-preliminary-approval |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | litigation |
| language | en |
| tags | ["drafting","motion"] |
Motion for Preliminary Approval of Class Action Settlement
Drafts a Rule 23(e) motion seeking preliminary approval, provisional class certification, notice plan approval, and scheduling of a final approval hearing.
Prerequisites
- Executed settlement agreement — fully signed, with all exhibits
- Case docket — filings, rulings, discovery milestones
- Class definition — proposed settlement class with precise boundaries
- Notice plan materials — proposed forms of notice, claims forms, administrator identity
- Fee arrangement — attorney's fee structure and service award amounts
- Supporting declarations — from class counsel, settlement administrator, or experts
Output Structure
1. Caption & Introduction
- Format caption per local rules (check judge's individual practices)
- State motion's purpose in 2–3 sentences: nature of claims, class representatives, key relief
- List four requests: (a) preliminary approval, (b) provisional class certification, (c) notice plan approval, (d) final hearing scheduling
2. Background
| Section | Content |
|---|
| Factual allegations | Core class claims and defendants' conduct |
| Legal theories | Causes of action asserted |
| Procedural history | Key dates: filing, motions, discovery, class cert efforts |
| Negotiation history | Mediation sessions, arm's-length indicators, counsel experience |
Cite specific discovery volume, expert involvement, and mediation details to demonstrate informed negotiation.
3. Settlement Terms
| Component | Detail |
|---|
| Total monetary relief | Gross fund amount |
| Allocation methodology | Tiers, formulas, per-member estimates |
| Non-monetary relief | Injunctive provisions, practice changes |
| Fee/cost allocation | Attorney's fees cap, administrative costs |
| Service awards | Amounts for class representatives |
| Release scope | Claims released, persons bound |
|
