The Class. The Bondholders will be automatically grouped together into a class (hereinafter referred to as the CLASS) for the defense of their common interests. The Class will be governed by the provisions of the Commercial Code, with the exception of Articles L. 228-48 and L. 228-59 (the COMMERCIAL CODE), and Decree No. 67-236 of March 23, 1967, as amended (with the exception of Articles 218, 222, 224 and 226 of the latter) and subject to the following provisions:
The Class. On [DATE], the Court granted preliminary approval of the Settlement and authorized this Notice. The Court defined the “Class” as all Contract Stations in the State of California which contracted with AAA NCNU to provide emergency road service from January 1, 2011 up to and through November 20, 2017 which: a) have not settled or released their claims in the above-referenced class action lawsuit; b) have not opted-out of the above-referenced class action lawsuit; and c) have not been otherwise excluded from participating in the above-referenced class action lawsuit by the Court.
The Class. On [Preliminary Approval date], the Court granted preliminary approval of the Settlement, authorized this Notice to be sent to you and the Class, preliminarily appointed Plaintiff Quentin Costeiu as the Class Representative, appointed Simpluris, Inc. as the Settlement Administrator, and preliminarily appointed Plaintiff’s Counsel, the law firm of Lawyers for Justice, PC, as Class Counsel. The Court also conditionally certified the following Class: all current and former hourly-paid or non-exempt employees who worked for Defendants within the State of California at any time during the period between January 26, 2012 and [Preliminary Approval date].
The Class. The Class is the Class certified by the Court in its certification order of January 29, 2018: Class AAll persons or entities who were successfully sent a Fax stating, “APS Pharmacy,” and containing the phrase “Fax Order To: (727) 785-2502,” on July 22, 2013, and on September 30, 2013. Class BAll persons or entities who were successfully sent a Fax stating, “APS Pharmacy,” and containing the phrase “Fax Order To: (727) 785-2502,” on February 27, 2012,March 7, 2012, March 30, 2012, June 4, 2012, August 20, 2012, January 25, 2013,February 11, 2013, February 18, 2013, February 28, 2013, March 25, 2013, March26, 2013, March 27, 2013, March 28, 2013, March 29, 2013, May 14, 2013, June24, 2013, July 1, 2013, July 22, 2013, August 5, 2013, September 30, 2013, March18, 2014, August 8, 2014, April 27, 2015. See (Dkt. No. 133). The Parties agree that, Plaintiff’s expert concluded that the Class consists of 7,482 unique fax numbers and that the Class members were successfully sent 78,536 faxes from February, 2012 through April, 2015. Discovery has produced transmission records for 22,970 successfully sent faxes. Plaintiff’s expert concluded that the Class members can be identified from the various class lists and exception reports. Excluded from the Class are (a) Defendant and its present and former officers, directors, shareholders, employees, and their successors, assigns, and legal representatives, (b) the Court and its officers, and (c) any persons or entities who timely and validly exclude themselves from the Class.