Common use of PROVISIONAL CLASS CERTIFICATION AND APPOINTMENT OF CLASS REPRESENTATIVES AND CLASS COUNSEL Clause in Contracts

PROVISIONAL CLASS CERTIFICATION AND APPOINTMENT OF CLASS REPRESENTATIVES AND CLASS COUNSEL. 3. The Court finds, for settlement purposes, that the requirements of Federal Rule of Civil Procedure 23 are satisfied and that certification of the proposed Amegy Settlement Class is appropriate. The Court therefore provisionally certifies the following Amegy Settlement Class (which includes terms defined in the Amegy Settlement): All holders of an Amegy Account who, from October 5, 2007, through and including May 6, 2011, incurred one or more Overdraft Fees as a result of High- to-Low Posting. The class does not include Amegy employees, officers, or directors, or the judge presiding over this Action. 4. Specifically, the Court finds, for settlement purposes, that the Amegy Settlement Class satisfies the following requirements under Federal Rule of Civil Procedure 23: (a) the members of the Amegy Settlement Class are so numerous that joinder of all members is impracticable; (b) there are questions of law and fact common to the Amegy Settlement Class; (c) the claims and defenses of the Amegy Plaintiff are typical of the Amegy Settlement Class; (d) the Amegy Plaintiff and Class Counsel will fairly and adequately protect the interests of the Amegy Settlement Class; and (e) the Action satisfies the requirements of Fed. R. Civ. P. 23(b)(3) in that there are questions of law and fact common to the members of the Amegy Settlement Class that predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. 5. The Court appoints the following person as class representative: ▇▇▇▇▇ ▇▇▇▇▇▇▇. 6. The Court appoints the following persons and entities as Class Counsel: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇, UT Bar No. 3726 ▇▇▇ ▇. ▇▇▇▇▇▇, UT Bar No. 1378 ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇ LLP ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, pro hac vice ▇▇▇▇▇▇ ▇. ▇▇▇▇, ▇▇., pro hac vice ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, pro hac vice ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, pro hac vice ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, L.L.P. ▇▇▇▇ ▇. ▇▇▇▇▇▇▇, pro hac vice ▇▇▇▇▇ ▇. ▇▇▇▇▇, pro hac vice ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.

PROVISIONAL CLASS CERTIFICATION AND APPOINTMENT OF CLASS REPRESENTATIVES AND CLASS COUNSEL. 3. The Court finds, for settlement purposes, that the requirements of Federal Rule of Civil Procedure 23 are satisfied and that certification of the proposed Amegy Vectra Settlement Class is appropriate. The Court therefore provisionally certifies the following Amegy Vectra Settlement Class (which includes terms defined in the Amegy Vectra Settlement): All holders of an Amegy a Vectra Account who, from October 5, 20072005, through and including May 6, 2011, incurred one or more Overdraft Fees as a result of High- to-Low Posting. The class does not include Amegy Vectra employees, officers, or directors, or the judge presiding over this Action. 4. Specifically, the Court finds, for settlement purposes, that the Amegy Vectra Settlement Class satisfies the following requirements under Federal Rule of Civil Procedure 23: (a) the members of the Amegy Vectra Settlement Class are so numerous that joinder of all members is impracticable; (b) there are questions of law and fact common to the Amegy Vectra Settlement Class; (c) the claims and defenses of the Amegy Vectra Plaintiff are typical of the Amegy Vectra Settlement Class; (d) the Amegy Vectra Plaintiff and Class Counsel will fairly and adequately protect the interests of the Amegy Vectra Settlement Class; and (e) the Action satisfies the requirements of Fed. R. Civ. P. 23(b)(3) in that there are questions of law and fact common to the members of the Amegy Vectra Settlement Class that predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. 5. The Court appoints the following person as class representative: ▇▇▇▇▇ ▇▇▇▇▇▇▇.▇ Morhlang Jr.. 6. The Court appoints the following persons and entities as Class Counsel: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇, UT Bar No. 3726 ▇▇▇ ▇. ▇▇▇▇▇▇, UT Bar No. 1378 ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇ LLP ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, pro hac vice ▇▇▇▇▇▇ ▇. ▇▇▇▇, ▇▇., pro hac vice ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, pro hac vice ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, pro hac vice ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, L.L.P. ▇▇▇▇ ▇. ▇▇▇▇▇▇▇, pro hac vice ▇▇▇▇▇ ▇. ▇▇▇▇▇, pro hac vice ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.

PROVISIONAL CLASS CERTIFICATION AND APPOINTMENT OF CLASS REPRESENTATIVES AND CLASS COUNSEL. 3. The Court finds, for settlement purposes, that the requirements of Federal Rule of Civil Procedure 23 are satisfied and that certification of the proposed Amegy ZFNB Settlement Class is appropriate. The Court therefore provisionally certifies the following Amegy ZFNB Settlement Class (which includes terms defined in the Amegy ZFNB Settlement): All holders of an Amegy a ZFNB Account who, from October 5, 20072005, through and including May 6, 2011, incurred one or more Overdraft Fees as a result of High- to-Low Posting. The class does not include Amegy ZFNB employees, officers, or directors, or the judge presiding over this Action. 4. Specifically, the Court finds, for settlement purposes, that the Amegy ZFNB Settlement Class satisfies the following requirements under Federal Rule of Civil Procedure 23: (a) the members of the Amegy ZFNB Settlement Class are so numerous that joinder of all members is impracticable; (b) there are questions of law and fact common to the Amegy ZFNB Settlement Class; (c) the claims and defenses of the Amegy Plaintiff ZFNB Plaintiffs are typical of the Amegy ZFNB Settlement Class; (d) the Amegy Plaintiff ZFNB Plaintiffs and Class Counsel will fairly and adequately protect the interests of the Amegy ZFNB Settlement Class; and (e) the Action satisfies the requirements of Fed. R. Civ. P. 23(b)(3) in that there are questions of law and fact common to the members of the Amegy ZFNB Settlement Class that predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. 5. The Court appoints the following person persons as class representativerepresentatives: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, J. ▇▇▇▇▇ ▇▇▇▇▇, and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇. 6. The Court appoints the following persons and entities as Class Counsel: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇, UT Bar No. 3726 ▇▇▇ ▇. ▇▇▇▇▇▇, UT Bar No. 1378 ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇ LLP ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, pro hac vice ▇▇▇▇▇▇ ▇. ▇▇▇▇, ▇▇., pro hac vice ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, pro hac vice ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, pro hac vice ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, L.L.P. ▇▇▇▇ ▇. ▇▇▇▇▇▇▇, pro hac vice ▇▇▇▇▇ ▇. ▇▇▇▇▇, pro hac vice ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.

PROVISIONAL CLASS CERTIFICATION AND APPOINTMENT OF CLASS REPRESENTATIVES AND CLASS COUNSEL. 3. The Court finds, for settlement purposes, that the requirements of Federal Rule of Civil Procedure 23 are satisfied and that certification of the proposed Amegy NBAZ Settlement Class is appropriate. The Court therefore provisionally certifies the following Amegy NBAZ Settlement Class (which includes terms defined in the Amegy NBAZ Settlement): All holders of an Amegy a NBAZ Account who, from October 5, 20072005, through and including May 6, 2011, incurred one or more Overdraft Fees as a result of High- to-Low Posting. The class does not include Amegy NBAZ employees, officers, or directors, or the judge presiding over this Action. 4. Specifically, the Court finds, for settlement purposes, that the Amegy NBAZ Settlement Class satisfies the following requirements under Federal Rule of Civil Procedure 23: (a) the members of the Amegy NBAZ Settlement Class are so numerous that joinder of all members is impracticable; (b) there are questions of law and fact common to the Amegy NBAZ Settlement Class; (c) the claims and defenses of the Amegy Plaintiff NBAZ Plaintiffs are typical of the Amegy NBAZ Settlement Class; (d) the Amegy Plaintiff NBAZ Plaintiffs and Class Counsel will fairly and adequately protect the interests of the Amegy NBAZ Settlement Class; and (e) the Action satisfies the requirements of Fed. R. Civ. P. 23(b)(3) in that there are questions of law and fact common to the members of the Amegy NBAZ Settlement Class that predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. 5. The Court appoints the following person persons as class representative: ▇▇▇▇▇ ▇▇▇▇▇▇▇. 6. The Court appoints the following persons and entities as Class Counselrepresentatives: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇, UT Bar No. 3726 ▇▇▇ ▇. ▇▇▇▇▇▇, UT Bar No. 1378 ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇ LLP ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, pro hac vice ▇▇▇▇▇▇ ▇. ▇▇▇▇, ▇▇., pro hac vice ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, pro hac vice ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, pro hac vice ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, L.L.P. ▇▇▇▇ ▇. ▇▇▇▇▇▇▇, pro hac vice ▇▇▇▇▇ ▇. ▇▇▇▇▇, pro hac vice ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.