Common use of Class Action Complaint Clause in Contracts

Class Action Complaint. Immediately following the execution of this Settlement Agreement, Plaintiffs will cause to be filed a Class Action Complaint for settlement purposes only. (a) Simultaneously with the filing of the Class Action Complaint, Plaintiffs to the Class Action Complaint will file a Motion for Class Certification of certain plaintiff and defendant classes and for preliminary approval of a class settlement pursuant to Rule 23(b)(1) and/or Rule 23(b)(2) of the Rhode Island Rules of Civil Procedure. (b) In the event the Motion for Class Certification is granted pursuant to Rule 23(b)(1) and/or Rule 23(b)(2), the Parties will submit for the Court’s approval, an order providing that any settlement of the Lawsuits will be binding on all class members and no class member will be entitled to elect not to participate under Rule 23(b)(1) and/or Rule 23(b)(2).