Certification for Settlement Purposes Only. (1) The Parties agree that the Proceeding shall be certified as a class proceeding as against the Settling Defendants solely for purposes of settlement of the Proceeding and the approval of this Settlement Agreement by the Court.
Certification for Settlement Purposes Only. Plaintiff’s motion for class certification shall be only for the limited purpose of effectuating this Agreement. Defendant shall not take any position with respect to Plaintiff’s request for certification of the Settlement Class, provided that it is consistent with this Agreement, but reserves all rights to object to the propriety of class certification in the Action in all other contexts and for all other purposes.
Certification for Settlement Purposes Only. (1) The Parties agree that the Ontario Action shall be certified as class proceedings as against the Settling Defendants solely for purposes of settlement of the Proceedings and the approval of this Settlement Agreement by the Ontario Court.
Certification for Settlement Purposes Only. Solely for purposes of effectuating 4 the proposed Settlement, the Court finds, pursuant to Rule 23(e)(1), that the prerequisites for 5 class certification under Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure are 6 likely to be found to be satisfied as: (a) the members of the Settlement Class are so numerous 7 that joinder of all Settlement Class Members in this Action is impracticable, (b) there are 8 questions of law and fact that are common to the Settlement Class; (c) the Plaintiffs’ claims are 9 typical of the claims of the Settlement Class; (d) the interests of all Settlement Class Members 10 are adequately represented by the Plaintiffs and Class Counsel; (e) the questions of law and fact 11 common to Settlement Class Members predominate over any individualized questions of law 12 and fact; and (f) a class action is superior to other available methods for the fair and efficient 13 adjudication of the controversy. These findings shall be vacated if the Settlement is terminated 14 or if for any reason the Effective Date does not occur.
Certification for Settlement Purposes Only. The Parties' stipulation to Court approval of certification of the Class and Subclass A is only for purposes of effectuating the Settlement, and for no other purpose. The Parties retain all of their respective objections, arguments and/or defenses with respect to class certification should there be no settlement of the Actions. The Parties acknowledge that if the Settlement Agreement does not become final and effective pursuant to the terms of section 5 herein, the stipulation and any related Court orders as to the Class and Subclass A become null and void.
Certification for Settlement Purposes Only. Pursuant to Mass. Gen. Laws ch. 93A § 9, the Court conditionally certifies, for settlement purposes only, the following Settlement Class: All persons residing in the Commonwealth of Massachusetts who, within four years prior to the filing of this action, ADT placed in excess of two telephone calls regarding a debt or alleged debt within a seven-day period to their residence, cellular telephone, or other provided telephone number. In connection with this conditional certification, the Court makes the following preliminary findings for settlement purposes only:
Certification for Settlement Purposes Only. (a) The Parties agree that the Action shall be certified as a class proceeding as against the Defendants solely for purposes of settlement of the Action and the approval of this Settlement Agreement by the Court, and such certification shall not be used or relied on as against the Defendants for any other purpose or in any other proceeding.
Certification for Settlement Purposes Only. Defendants agree not to oppose certification of the Settlement Class only for the limited purpose of effectuating this Settlement Agreement. If the Settlement Agreement is not preliminarily or finally approved in all material respects, Defendants maintain all rights to appeal or otherwise challenge the Class Certification Order, and neither this Agreement nor Defendants’ non-opposition to certification for purposes of this Settlement may be cited as an admission by Defendants of the propriety of class certification. 1631765.1
Certification for Settlement Purposes Only. Defendants shall not take any position with respect to certification of the Settlement Classes only for the limited purpose of effectuating this Agreement. Defendants reserve all rights to object to the propriety of class certification in the Action in all other contexts and for all other purposes.
Certification for Settlement Purposes Only. 2 6. The Settlement Agreement defines the Settlement Class as follows,: 3 All Persons in the United States who, between March 30, 2016 and the Settlement Date, registered, used, opened, or downloaded the Zoom Meetings 4 Application (“App”), except for (i) all Persons who have only registered, used, opened, or downloaded the Zoom Meetings App through an Enterprise-Level 5 Account or a Zoom for Government Account, (ii) Zoom and its officers and directors, and (iii) the Judge or Magistrate Judge to whom the action is 6 assigned and any member of those Judges' staffs or immediate family members.
