Certification of the Class. (a) For the purposes of Settlement and the proceedings contemplated herein only, and subject to Court approval, the Parties stipulate and agree that the Class shall be provisionally certified pursuant to Federal Rule of Civil Procedure 23 in accordance with the definition contained herein, that Xx. Xxxxxxx, Xx. Xxxxxx, and Xx. Xxxxxx shall be the Class Representatives for the Class, and that Class Counsel shall be appointed as counsel for the Class.
Certification of the Class. (a) For the purposes of Settlement and the proceedings contemplated herein only, the Parties stipulate and agree that the Class shall be provisionally certified pursuant to Cal. R. Ct. 3.769(d) in accordance with the definition contained in Section 1.8, that Plaintiff shall represent the Class for settlement purposes and shall be the Class Representative, and that Plaintiff’s Counsel shall be appointed as counsel for the Class.
Certification of the Class. 2.1. This Agreement is for settlement purposes only, and neither the fact of nor any provision contained in this Agreement, nor any action taken hereunder, shall constitute or be construed as an admission of: (a) the validity of any claim or allegation by Plaintiff, or of any defense asserted by Xxxxx, in the Action or (b) any wrongdoing, fault, violation of law, or liability on the part of any Party, Released Party, Class Member, or their respective counsel.
Certification of the Class. Following a five-day evidentiary hearing, this Court granted in part Plaintiffs’ Renewed Motion for Class Certification and certified a class for property remediation and medical surveillance under Federal Rule of Civil Procedure 23(b)(2) defined as follows: “All residents and real property owners located within a 7-mile radius of the Crosby, Texas, Arkema Chemical Plant.” Dkt. No. 316 at 111.
Certification of the Class. 6. For purposes of the Settlement only, the parties hereto agree that the Court shall certify a non-opt-out class pursuant to Court of Chancery Rules 23(a), 23(b)(1), and 23(b)(2) consisting of the Class Members. In the event that the Settlement is terminated or rendered null and void and of no force and effect as to all Parties, the certification of the Class shall, except as provided herein, be deemed vacated, the Action shall proceed as though the Class had never been certified, and no reference to the certification of the Class, or to this Stipulation or any documents related thereto, shall be made by the Parties for any purpose, except as expressly authorized by the terms and conditions of this Stipulation. Defendants reserve the right to oppose certification of any plaintiff class in any suit, action, or proceeding (including, without limitation, any proceedings in the Action other than in furtherance of the Settlement).
Certification of the Class. 2.1. The Parties stipulate and agree that, for the purposes of the Settlement set forth in this Agreement only, and subject to Court approval, the following Class meets the requirements of Federal Rule of Civil Procedure 23 and should be certified: All Persons who had one or more E-ZPass accounts at the time such Persons incurred one or more alleged Toll Violation(s) on the Express Lanes and paid $100 or more to Transurban (or one of its affiliates) or LES in Fees/Penalties arising from such alleged Toll Violation(s) that, at the time of payment, were at the Collections Stage or Court Stage, and made such payment any time from the inception of the Express Lanes to the earlier of (a) the date the District Court issues an order granting preliminary approval of the settlement embodied in this Agreement or (b) March 1, 2016 (the “Cut Off Date”), except that the following are excluded: (i) Rental Car Companies; (ii) Other Fleet Owners; and (iii) judges assigned to the Lawsuit.1
Certification of the Class. For purposes of this Settlement only, the Parties stipulate to the certification of the Class, which is contingent upon both the Court entering the Final Approval Order of this Settlement and the occurrence of the Effective Date.
Certification of the Class. For the purposes of the Settlement only and the proceedings contemplated herein, the Parties stipulate and agree that the Class shall be certified in accordance with the definition contained in Section 1.2 above. The Parties agree that certification of the Class is for settlement purposes only and is in no way an admission that class certification is proper under the more stringent standard applied for litigation purposes.
Certification of the Class. The Court previously certified the Class defined as: All persons with addresses in the State of Wisconsin to whom Enhanced Recovery Company, LLC mailed an initial written communication to collect a debt between January 17, 2017 and February 7, 2018, which was not returned as undeliverable, and which stated “[y]our recently disconnected Time Warner Cable account has been forwarded to us to assist you in the resolution of your balance due.”
Certification of the Class. For the purposes of the Settlement only and the proceeding contemplated herein, the Parties stipulate and agree that: (1) the Class shall be provisionally certified in accordance with the definition contained in Section 1.4 above;
