Settlement Class Defined Clause Samples
The 'Settlement Class Defined' clause establishes the specific group of individuals or entities who are included as members of a settlement class in a legal agreement, typically in the context of class action litigation. This clause outlines the criteria for membership, such as timeframes, geographic location, or particular characteristics relevant to the dispute, ensuring that only those who meet these requirements are eligible for settlement benefits. By clearly defining who is included, the clause provides certainty and prevents ambiguity about who can participate in or be bound by the settlement, thereby streamlining the administration of claims and reducing the risk of future disputes over class membership.
Settlement Class Defined. 2.1 Notwithstanding the prior order of the Court certifying the Class and two Subclasses, and Defendants’ right to petition for decertification, the Parties agree to certification of the Action strictly for purposes of this Agreement as set forth below. In this respect, solely for purposes of this Agreement, the Parties agree that the Settlement Class is defined as: All former tenants of Defendants who moved out during the Class Period from whom Defendants withheld more than $125.00 of their security deposits other than for Unpaid Rent and Utilities. The following are excluded from the Settlement Class:
i. Any persons who were evicted;
ii. Any persons who have previously settled their claims with Defendants;
iii. The Judge assigned to this case and his staff;
iv. Defendants and their affiliates;
v. any person employed by any Defendants during the Class Period; and
vi. minors and other persons not party to a lease with Defendants. To the extent that Defendants made withholdings other than for Unpaid Rent or Utilities, the former tenant will be included in the Settlement Class only to the extent that (a) after deducting the Unpaid Rent and Utilities, the remaining deposit with respect to the Household was equal to or greater than $125.00; and (b) Defendants withheld or deducted more than $125.00, excluding any deductions for Unpaid Rent and Utilities.
2.2 If there is a question raised as to whether a person is a Class Member within the above definition, the Administrator shall promptly contact Class Counsel and Defense Counsel, who in turn shall conduct a reasonable search of available records to attempt to resolve the question.
2.3 Defendants’ agreement to certification of the Settlement Class is conditioned upon the Court’s entry of a Final Approval Order and passage of the Effective Date. Defendants shall retain the right to oppose the certification of any class for purposes of further litigation, including trial, in the Actions in the event the Court does not approve this Agreement, or the Effective Date does not pass for any reason, without limitation.
Settlement Class Defined. The certified settling class (“Class”) is defined as follows (members of the Class are sometimes referred to in this Notice as “Class Members”): The Class is comprised of all persons who, between November 27, 1996 and December 31, 2004 were employed in California as claims adjusters by Allstate. As used in the Class definition, the term “claims adjuster” refers to any individual whose assigned duties as an employee of Allstate included, but were not limited to, the adjustment and/or investigation and/or analysis and/or evaluation of the monetary worth of any claim made to Allstate for any bodily injury, property damage, and/or monetary damage of every nature and type and who have been or currently are paid as exempt employees as the same are defined pursuant to statute and/or California or federal regulatory determination. As of the date of the settlement, Allstate has represented that the job titles which comprise the Class Members who work at Allstate claims offices in California are as follows: Claim Representative Claim Adjuster Claim Service Adjuster Senior Claim Representative Senior Claim Adjuster Senior Claim Service Adjuster Staff Claim Representative Staff Claim Adjuster Staff Claim Service Adjuster Senior Staff Claim Representative Staff Claim Analyst SIU Adjuster Subrogation Adjuster Appraisers Claims Specialist Claims Consultant Evaluation Consultant Damage Evaluator
Settlement Class Defined. Solely for the purposes of this settlement, the Parties agree to Fed. R. Civ. P. 23 class action treatment with respect all claims raised in the Lawsuit. The Settlement Class is defined as all individuals who have worked in the position of SERVER, including head wait, at any of Defendants’ restaurants in Massachusetts at any time from January 18, 2005, up to the date of final Court approval of the settlement.
Settlement Class Defined. Without admitting that a class otherwise exists and without any concession that the requirements of Section 382 of the California Code of Civil Procedure or any other applicable law are satisfied, the Parties agree to certification of a class action strictly for purposes of this Agreement. In this respect, solely for purposes of this Agreement, the Parties agree that the Settlement Class is defined as: All tenants who terminated the lease of their residential unit at any of the Subject Properties and moved out of their residential units from September 23, 2015 through December 31, 2020, and who had charges deducted from their security deposit and/or were invoiced for charges as part of the move-out process other than for rent or utilities, but including utility portal charges. The Parties are agreeing to class certification for settlement purposes only. This Agreement shall not constitute, in this or any other proceeding, an admission of any kind by Defendants, including without limitation, that Defendants committed any violation of statute or other wrongdoing, that Defendants are liable to Named Plaintiffs or to any other Class Members, that certification of a class for trial or any other purpose is appropriate or proper or that Named Plaintiffs or any Class Member can establish any of the requisite elements for class treatment of any of the claims in this Action. If, for any reason, the Settlement is not finally approved, this Agreement will be void and the Parties will be restored to their respective positions in the lawsuit as if they had not entered into this Agreement. The Parties further agree that this Agreement or any documents or orders issued related to this Settlement will not be admissible, other than according to the Settlement’s terms, in this or any other proceeding as evidence that either: (i) a class action should be certified, or (ii) Defendants are liable to Named Plaintiffs or any Class Member.
Settlement Class Defined. 12 6.1. Without admitting that a class otherwise exists and without any 13 concession that the requirements of Rule 23 or any other applicable law are satisfied, 14 the Settling Parties agree to certification of a class action strictly for purposes of this 15 Settlement pursuant to Rule 23(e). In this respect, solely for purposes of the 16 Settlement, the Parties agree that the Settlement Class is defined as: 17 All persons who purchased Sports Research Garcinia Cambogia labeled 18 “weight management,” “appetite suppression,” and/or “appetite 19 control” (the “Product”) in the United States on or after April 26, 2015 20 and until [the date preliminary approval is granted] for personal or 21 household use and not for resale, and who did not receive a refund or 22 return the Product. 23 The Settlement Class specifically excludes Defendant’s current and former 24 officers and directors, members of the immediate families of Defendant’s officers 25 and directors, Defendant’s legal representatives, heirs, successors, and assigns, any 26 entity in which Defendant has or had a controlling interest during the Class Period, 27 and the judicial officers to whom this lawsuit is assigned. 28 / / /