Class Settlement Preliminary Approval

Draft Class Settlement Approval Motions in Minutes

14 minutes with CaseMark

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14 minutes with CaseMark

What you'll need

Executed Settlement Agreement
Case Docket
Supporting Declarations

SOC 2 Type II · HIPAA compliant · $5 free credit

Workflow

Overview

CaseMark's Class Settlement Preliminary Approval skill automates the drafting of Rule 23(e) motions seeking preliminary approval of class action settlements. It transforms your settlement agreement, case docket, and supporting materials into a comprehensive motion covering provisional class certification, fairness analysis, notice plan approval, and a proposed scheduling order for the final approval hearing.

Drafting a Motion for Preliminary Approval of a Class Action Settlement is one of the most document-intensive tasks in class action litigation. Attorneys must synthesize complex settlement agreements, procedural histories, and legal standards into a single cohesive motion—often spending 10 to 20 hours assembling the background, fairness analysis, notice plan, and proposed orders. The risk of omitting required elements or inconsistencies between sections adds further pressure.

CaseMark automates the heavy lifting of preliminary approval motion drafting by analyzing your settlement agreement, case docket, and declarations to produce a structured, comprehensive Rule 23(e) motion. The AI extracts key settlement terms, builds the procedural background, applies fairness factors, and drafts the notice plan and scheduling order—delivering a polished first draft ready for attorney review and customization.

How it works

1. Upload your executed settlement agreement, case docket, and supporting declarations
2. AI analyzes settlement terms, class definitions, and procedural history to build the motion framework
3. Review and customize the generated motion, fairness analysis, and proposed scheduling order
4. Export the finalized motion in your preferred format (DOCX, PDF)

What you get

Caption & Introduction
Background & Procedural History
Settlement Terms Summary
Legal Standard Analysis
Provisional Class Certification Arguments
Fairness Analysis
Notice Plan & Claims Administration
Proposed Scheduling Order

What it handles

Generates complete Rule 23(e) motion with caption, introduction, and procedural background
Drafts detailed settlement terms analysis including monetary relief, fee allocation, and release scope
Applies multi-factor fairness analysis under applicable circuit standards
Produces provisional class certification arguments with Rule 23(a) and (b) analysis
Creates proposed notice plan and claims administration framework
Includes proposed scheduling order for final approval hearing

Required documents

Executed Settlement Agreement
The fully signed settlement agreement with all exhibits, schedules, and attachments
.pdf, .docx
Case Docket
Docket sheet and key filings showing procedural history, discovery milestones, and prior rulings
.pdf, .docx
Supporting Declarations
Declarations from class counsel, settlement administrator, or experts supporting the settlement
.pdf, .docx

Supporting documents

Proposed Notice Forms
Draft long-form and summary notice, claim forms, and opt-out instructions
.pdf, .docx
Mediation Materials
Mediator's declaration or correspondence demonstrating arm's-length negotiation
.pdf, .docx
Prior Class Certification Briefing
Any prior motions or orders related to class certification in the case
.pdf, .docx

Why teams use it

Reduce drafting time from hours to minutes while maintaining the thoroughness required for Rule 23(e) submissions

Ensure comprehensive coverage of all required motion components including settlement terms, class certification arguments, and fairness factors

Generate consistent, well-structured motions that address judicial expectations for preliminary approval filings

Free up attorney time to focus on strategic settlement negotiations and client counseling rather than document assembly

Questions

What documents do I need to generate a preliminary approval motion?

You'll need the fully executed settlement agreement with exhibits, the case docket showing key filings and rulings, and any supporting declarations from class counsel, the settlement administrator, or experts. CaseMark uses these to draft a comprehensive Rule 23(e) motion.

Does CaseMark apply the correct legal standard for my jurisdiction?

CaseMark drafts the fairness analysis using the multi-factor tests recognized under Rule 23(e) and applicable circuit precedent. You can review and adjust the analysis to align with your specific court's individual practices and local rules.

Can the motion handle both monetary and non-monetary settlement terms?

Yes. CaseMark's output covers the full range of settlement components including gross fund amounts, allocation methodologies, injunctive relief, practice changes, fee caps, service awards, release scope, and cy pres or reversion provisions.

Does the output include a proposed notice plan and scheduling order?

Absolutely. CaseMark generates a proposed notice plan framework covering forms of notice, claims administration procedures, and opt-out deadlines, along with a proposed scheduling order for the final approval hearing.

How long does it take to generate the motion?

CaseMark typically generates a complete preliminary approval motion in approximately 12–15 minutes, depending on the complexity of the settlement agreement and supporting materials. This replaces what often takes attorneys many hours of manual drafting.

Can I edit the generated motion before filing?

Yes. CaseMark produces a fully editable draft that you can customize, add case-specific citations, adjust for local rules, and refine before filing. The output is designed as a professional starting point, not a final filing.