PRELIMINARY CERTIFICATION OF SETTLEMENT CLASS. The Court makes the following determinations as to certification of the Settlement Class for settlement purposes only:
PRELIMINARY CERTIFICATION OF SETTLEMENT CLASS. A. The Parties stipulate to certification, pursuant to Fed. R. Civ. P. 23(b)(2) and for settlement purposes only, of the following Settlement Class: All Persons who played an NCAA-sanctioned sport at an NCAA member institution on or prior to the Preliminary Approval Date. The Parties also stipulate to certification, pursuant to Fed. R. Civ. P. 23(b)(2) and for settlement purposes only, of the following Contact Sport Settlement Subclass: All Persons who played an NCAA-sanctioned Contact Sport at an NCAA member institution on or prior to the Preliminary Approval Date. The Parties further stipulate to certification, pursuant to Fed. R. Civ. P. 23(b)(2) and for settlement purposes only, of the following Non-Contact Sport Settlement Subclass: All Persons who played an NCAA-sanctioned non-Contact Sport at an NCAA member institution on or prior to the Preliminary Approval Date. The Contact Sport Settlement Subclass and Non-Contact Sport Settlement Subclass may be jointly referred to as the “Settlement Subclasses.” Specifically excluded from the Settlement Class and the Settlement Subclasses are the following persons. Specifically excluded from the Settlement Class and the Settlement Subclasses are the following persons:
PRELIMINARY CERTIFICATION OF SETTLEMENT CLASS. The Court hereby certifies, for 11 settlement purposes only, the following Settlement Class: 12 All persons residing in the United States to whom Defendant 13 Convergent Outsourcing, Inc. sent notification that their personal information may have been compromised by unauthorized third 14 parties as a result of the data security incident discovered by Convergent on or about June 17, 2022. 16 Excluded from the Settlement Class are the Court and all members of the Court’s staff, and 17 persons who timely and validly request exclusion from the Settlement Class.
PRELIMINARY CERTIFICATION OF SETTLEMENT CLASS. 3. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, the Court preliminarily certifies, solely for settlement purposes, a Settlement Class defined as follows: All persons or entities who, from January 1, 2005 to the date of the Preliminary Approval Order, entered into an SSA bond transaction with a Defendant; a direct or indirect parent, subsidiary, affiliate, or division of a Defendant; a Released Party; or an alleged co-conspirator, where such Persons were either domiciled in the United States or its territories or, if domiciled outside of the United States or its territories, entered into an SSA bond transaction in the United States or its territories or that otherwise involved United States trade or commerce. Excluded from the Settlement Class are Defendants, their co-conspirators identified herein, and their officers, directors, management, employees, current subsidiaries or affiliates, and all federal governmental entities; provided, however, that Investment Vehicles shall not be excluded from the definition of the Settlement Class.
PRELIMINARY CERTIFICATION OF SETTLEMENT CLASS. 1. The Parties stipulate to certification, for settlement purposes only, of the Settlement Class defined as follows: All persons who, from January 28, 1989 through the date of preliminary approval of this proposed settlement, (a) insured a private passenger automobile under an auto insurance policy issued by one or more of the insurance Carriers listed in Exhibit 1; (b) made a first-party property damage claim to one or more of the Carriers for physical damage to an insured automobile, truck, or van with a gross vehicle weight of 10,000 pounds or less; (c) were informed by the Carrier that the vehicle had been declared a total loss; and where (d) the Carrier had requested a valuation from CCC Information Services Inc. (“CCC”); and (e) the insured was tendered a payment from the Carrier for the totaled vehicle. Excluded from this Settlement Class are the following persons:
PRELIMINARY CERTIFICATION OF SETTLEMENT CLASS. 12 For settlement purposes only, the Parties have proposed preliminary certification of the 13 following Settlement Class: African-American/Black individuals who meet the following parameters 14 at any time between January 1, 2015, and March 31, 2021 (the “Settlement Class” and the “Class 15 Period”):
PRELIMINARY CERTIFICATION OF SETTLEMENT CLASS. 36. The Parties acknowledge that the Court has certified the following class: All individuals from whom Membership Fees were collected (or who incurred Bank Account Fees in connection with a collection or attempted collection of Membership Fees) by way of remotely created check(s) drafted by Defendant Xxxx Xxxxx & Associates, Inc. and deposited with First National Bank of Central Texas, from May 6, 2007 to July 30, 2014 (the “Class”). The Parties further acknowledge that excluded from the Settlement Class are the following persons:
PRELIMINARY CERTIFICATION OF SETTLEMENT CLASS. Pursuant to Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure, the Court preliminarily certifies, for purposes of the Settlement only, the Settlement Class of: all persons and entities who or which purchased or otherwise acquired Xxxxxxx publicly traded common stock during the period from April 3, 2017 through October 28, 2019, inclusive, and were allegedly damaged thereby. Excluded from the Settlement Class are: (i) Defendants; (ii) members of the immediate families of the Individual Defendants; (iii) any person who was an officer or director of Peabody during the Settlement Class Period; (iv) any firm, trust, corporation, or other entity in which any Defendant has or had a controlling interest; (v) Peabody’s employee retirement and benefit plan(s) and their participants or beneficiaries, to the extent they made purchases through such plan(s); and (vi) the legal representatives, affiliates, heirs, successors-in-interest, and/or assigns of any such excluded person or entity. Also excluded from the Settlement Class will be any person who or which timely and validly seeks exclusion from the Settlement Class as set forth herein.
PRELIMINARY CERTIFICATION OF SETTLEMENT CLASS. Molina disputes that a litigation class would be manageable and further denies that a litigation class properly could be certified in the Action. Solely for purposes of avoiding the expense and inconvenience of further litigation, Molina does not oppose the certification for settlement purposes only of the Settlement Class. Preliminary certification of the Settlement Class shall not be deemed an admission that certification of a litigation class is appropriate or feasible, nor shall Molina be precluded from challenging class certification in any further proceedings in the Action or in any other action if the settlement is not finalized or finally approved. If the settlement set forth in this Settlement Agreement is not finally approved by the Court for any reason, the certification of the Settlement Class will be void, and no doctrine of waiver, estoppel, or preclusion will be asserted by Plaintiff or any putative class member in any litigated certification proceedings in the Action or any other action. No agreements made by or entered into by Molina in connection with the settlement set forth in this Settlement Agreement may be used by Plaintiff, any person in the Settlement Class, or any other person to establish any of the elements of class certification in any litigated certification proceedings, whether in the Action or any other action.
PRELIMINARY CERTIFICATION OF SETTLEMENT CLASS. The Court preliminarily finds that the Action and the Settlement Class satisfy the applicable prerequisites for class action treatment under Fed. R. Civ. P. 23. Namely, the Court preliminarily finds that:
