Common use of PRELIMINARY CLASS CERTIFICATION Clause in Contracts

PRELIMINARY CLASS CERTIFICATION. 33. Upon execution of this Agreement, the Parties shall submit this Agreement to the Court and request the Court to enter a Preliminary Approval Order, preliminarily approving the Proposed Settlement, which shall be substantially in the form set forth in Exhibit F. 34. For purposes of this Settlement only, the Parties stipulate and agree to the certification of the Settlement Class defined in this Agreement and that: (i) the proposed Settlement Class meets the requirements of Fla. R. Civ. P. 1.220(a) and (b)(3); (ii) the proposed Class Notice is the best and most practicable under the circumstances, and satisfies the requirements of Fla. R. Civ. P. 1.220 and Due Process; and (iii) the terms of the Settlement are fair and reasonable. For purposes of the Settlement, the Named Plaintiffs are agreed upon as suitable Class Representatives. 35. Preliminary certification of the Settlement Class and appointment of the Settlement Class Representative and Class Counsel by the Court shall be binding only with respect to the Settlement of the Action. In the event this Agreement is terminated pursuant to its terms, or a Final Judgment approving the Settlement for any reason does not occur, the certification of the Settlement Class shall be nullified, and the Action shall proceed as though the Settlement Class had never been certified, without prejudice to the Court’s consideration, on the merits, of any properly submitted Motion for Class Certification. The Named Plaintiffs and Class Counsel agree that neither this Agreement, nor any pleading or other paper related in any way to this Agreement, nor any act or communication in the course of negotiating, implementing or seeking approval of this Agreement, shall be deemed an admission by the Named Plaintiffs, Class Counsel, or Esurance of any matter related in any manner thereto, or by Esurance that certification of any class is appropriate in this Action or any other litigation, or otherwise shall preclude Esurance from opposing or asserting any argument it may have with respect to certification of a class in this Action or any other matter. 36. Upon the Preliminary Approval of this Proposed Settlement by the Court, as evidenced by entry of the Preliminary Approval Order, all proceedings in the Action shall be stayed until further order of the Court, except such proceedings as may be necessary either to implement the Proposed Settlement or to comply with or effectuate the terms of this Agreement. Additionally, any other litigation against Esurance of Released Claims shall be stayed or enjoined by the Court.

PRELIMINARY CLASS CERTIFICATION. 3337. Upon execution of this Agreement, the Parties shall submit this Agreement to the Court and request the Court to enter a Preliminary Approval Order, preliminarily approving the Proposed Settlement, which shall be substantially in the form set forth in Exhibit F. 3438. For purposes of this Settlement only, the Parties stipulate and agree to the certification of the Settlement Class defined in this Agreement and that: (i) the proposed Settlement Class meets the requirements of Fla. R. CivNeb. Rev. Stat. P. 1.220(a) and (b)(3)§ 25-319; (ii) the proposed Class Notice is the best and most practicable under the circumstances, and satisfies the requirements of Fla. R. Civ. P. 1.220 Nebraska Rules of Civil Procedure and Due Process; and (iii) the terms of the Settlement are fair fair, reasonable and reasonableadequate. For purposes of the Settlement, the Named Plaintiffs are Plaintiff is agreed upon as a suitable Class RepresentativesRepresentative. 3539. Preliminary certification of the Settlement Class and appointment of the Settlement Class Representative and Class Counsel by the Court shall be binding only with respect to the Settlement of the Action. In the event this Agreement is terminated pursuant to its terms, or a Final Judgment approving the Settlement for any reason does not occur, the certification of the Settlement Class shall be nullified, and the Action shall proceed as though the Settlement Class had never been certified, without prejudice to the Court’s consideration, on the merits, of any properly submitted Motion for Class Certification. The Named Plaintiffs Plaintiff and Class Counsel agree that neither this Agreement, nor any pleading or other paper related in any way to this Agreement, nor any act or communication in the course of negotiating, implementing or seeking approval of this Agreement, shall be deemed an admission by the Named PlaintiffsPlaintiff, Class Counsel, or Esurance of Farm Bureau in any matter other matter, whether or not related in any manner thereto, or by Esurance Farm Bureau that certification of any class is appropriate in this Action or any other litigation, or otherwise shall preclude Esurance Farm Bureau from opposing or asserting any argument it may have with respect to the merits and/or certification of a class in this Action or any other matter. 3640. Upon the Preliminary Approval of this Proposed Settlement by the Court, as evidenced by entry of the Preliminary Approval Order, all proceedings in the Action shall be stayed until further order of the Court, except such proceedings as may be necessary either to implement the Proposed Settlement or to comply with or effectuate the terms of this Agreement. Additionally, any other litigation against Esurance of Released Claims shall be stayed or enjoined by the Court.