BOTH SIDES RECOMMEND APPROVAL OF THE SETTLEMENT. 3.01 Defendant’s Position on Conditional Class Certification. Defendant disputes that a class would be manageable or that common issues predominate over individual ones, and further denies that a litigation class could be properly certified on the claims asserted in this Action. However, solely for purposes of avoiding the expense and inconvenience of further litigation, Defendant does not oppose the certification for settlement purposes only of the Class. Preliminary certification of the Class for settlement purposes shall not be deemed a concession that certification of a litigation class is appropriate, nor would Defendant be precluded from challenging class certification in further proceedings in this Action or in any other action if the Settlement Agreement is not finalized or finally approved. If the Settlement Agreement is not finally approved by the Court for any reason whatsoever, any certification of the Class will be void, and no doctrine of waiver, estoppel or preclusion will be asserted against Defendant in any litigated certification proceedings in this Action. No agreements made by or entered into by Defendant in connection with the Settlement Agreement may be used by Plaintiffs, any person in the Class or any other person to establish any of the elements of class certification in any litigated certification proceedings, whether in this Action or any other judicial proceeding.
BOTH SIDES RECOMMEND APPROVAL OF THE SETTLEMENT. 3.01. ERC’s Position on the Conditional Certification of Settlement Class. ERC disputes that a class could be properly certified to litigate the claims asserted in this Action. However, solely for purposes of avoiding the expense and inconvenience of further litigation, ERC does not oppose and agrees to certification of the Class defined in Section 2.27, for settlement purposes only, pursuant to Fed. R. Civ. P. 23(b)(3). Preliminary certification of the Class for settlement purposes shall not be deemed a concession that certification of a litigation class is appropriate, nor would ERC be precluded from challenging class certification in further proceedings in the Action or in any other action if the Settlement is not finalized or finally approved. If the Settlement is not ultimately finally approved by the Court, the certification of the Class will be void, and no doctrine of waiver, estoppel or preclusion will be asserted in any proceedings involving ERC. No agreements made by or entered into by ERC in connection with the Agreement may be used by Plaintiffs, any Person in the Class or any other Person, to establish any of the elements of class certification in any litigated certification proceedings, whether in this Action or any other judicial proceeding, or otherwise.
BOTH SIDES RECOMMEND APPROVAL OF THE SETTLEMENT. 3.01 D efendants’ Position on the Conditional Certification of Settlement Class. Defendants believe that Plaintiffs’ legal and factual allegations in the Action are incorrect and specifically deny all liability to the Class or the Settlement Class. Defendants deny that Plaintiffs’ claims could be certified as a class action if this case were to proceed in litigation. Electronically Filed - St Louis County - February 10, 2020 - 04:12 PM
BOTH SIDES RECOMMEND APPROVAL OF THE SETTLEMENT
