The Parties Recommend Approval of the Settlement. 3.1. Defendants and W4 deny liability. Defendants and W4 dispute that any class, including the class defined by Plaintiff’s Revised Second Amended Class Action Complaint and the Settlement Class, would be manageable or capable of certification under Federal Rule of Civil Procedure 23, and further deny that a litigation class properly could be certified on the claims asserted in the Litigation. However, solely for the purposes of avoiding the expense and inconvenience of further litigation, Defendants and W4 do not oppose the certification of the Settlement Class solely for the purpose of this Settlement or the method by which Class Notice is provided to the Settlement Class. Preliminary certification of the Settlement Class shall not be deemed, and shall not be, a concession that certification of a litigation class is appropriate, nor would Defendants or W4 be precluded from challenging class certification in further proceedings in the Litigation or in any other action if the Final Approval Order and Judgment are not entered or, if they are, are not deemed Final for any reason. If the Final Approval Order and Judgment are not entered or, if they are, are not deemed Final for any reason, the certification of the Settlement Class shall be void, and no doctrine of waiver, estoppel, or preclusion shall be asserted in any litigated certification proceedings in the Litigation or any other judicial proceeding. No agreements made by or entered into by Defendants or W4 in connection with the Settlement Agreement, including the use of the method to provide Class Notice to the Settlement Class, may be used by Plaintiff, any Settlement Class Member, or any other person to establish any of the elements of class certification in any litigated proceedings, to establish the elements of any claim, or to attempt to refute any defense or position of Defendants or W4, whether in the Litigation or in any other judicial proceeding.
The Parties Recommend Approval of the Settlement. 3.1 Yodel denies all liability and disputes that any class, including the Settlement Class, is manageable or capable of certification under Federal Rule of Civil Procedure 23. However, solely for the purposes of avoiding the expense and inconvenience of further litigation, Yodel does not oppose the re-certification of the Settlement Class, if deemed necessary by the District Court, solely for the purpose of this Settlement, or the method by which notice is provided to the Settlement Class. Preliminary certification of the Class shall not be deemed, and shall not be, a concession that certification of a litigation class is or was appropriate, nor would Yodel be precluded from challenging class certification in further proceedings in the Action or in any other action if the Final Approval Order is not entered or, if it is, the Effective Date does not come to pass. No agreements made by or entered into by Yodel in connection with the Agreement, including the use of the method to provide notice to the Class, may be used by Class Plaintiff, any Class Member, or any other person to establish any of the elements of class certification in any litigated proceedings, to establish the elements of any claim, or to attempt to refute any defense or position of Yodel, except in order to enforce this Agreement.
The Parties Recommend Approval of the Settlement
