Certification of Settlement Class. Promptly after execution of the Settlement Agreement, Class Counsel will ask the Court to issue an order certifying the Settlement Class for settlement purposes only. Xxxxx agrees not to object to this request without waiver of its right to contest certification or the merits of the Lawsuit if the settlement does not receive final approval or the Effective Date (defined in paragraph 14 below) does not occur.
Certification of Settlement Class. For purposes of this settlement only, the Parties agree to jointly move the Court, to conditionally certify a nationwide class pursuant to Rule 23(b)(3) (the “Settlement Class”). The Settlement Class shall consist of all persons who purchased the Book, in any format (including, but not limited to, in hardback, trade paperback, cassette, CD, or any other electronic media), on or before January 26, 2006 (“Settlement Class Members”). The Settlement Class shall be represented by plaintiffs Xxxxxx Xxxxxx and Xxxxxxx Xxxx (“Settlement Class Representatives”).
Certification of Settlement Class. The Parties agree to the certification of the Settlement Class, as defined in paragraph 2.23 of this Agreement.
Certification of Settlement Class. The Settlement Agreement provides for a class action settlement of the claims alleged in this Lawsuit. The Court has considered the (1) allegations, information, arguments, and authorities provided by the Parties in connection with the pleadings previously filed in this case;
Certification of Settlement Class. 2.1. The Parties agree that this Action shall be conditionally certified and proceed as a class action solely for purposes of settlement under Rule 23(e), in accordance with the requirements of Rule 23(a) and (b)(3), consisting of all Settlement Class Members, with the Named Plaintiffs as the Settlement Class representatives and Class Counsel as counsel for the Settlement Class.
Certification of Settlement Class. The Court has certified preliminarily, for settlement purposes only, a Class which is defined generally as: ALL PERSONS WHO OBTAINED RESIDENTIAL MORTGAGE LOANS ORIGINATED AND/OR ACQUIRED BY GMAC MORTGAGE, LLC, GMAC BANK (NOW KNOWN AS ALLY BANK), AND/OR THEIR AFFILIATES ON OR AFTER JANUARY 1, 2004, WITH PRIVATE MORTGAGE INSURANCE WHICH WAS REINSURED BY CAP RE OF VERMONT, LLC. Any potential Class Member who opts out of the Settlement, as explained in Section VI of this Class Notice, is not a member of the Class and therefore receives nothing under the Settlement and is not affected by the Settlement. If you have more than one residential mortgage loan originated and/or acquired by GMAC Mortgage, Ally Bank, and/or their affiliates on or after January 1, 2004, with private mortgage insurance that was reinsured by Cap Re, you may receive more than one Class Notice and may be entitled to receive more than one check.
Certification of Settlement Class. 12. For settlement purposes only, Plaintiffs will request that the Court certify the nationwide Settlement Class, as defined herein.
Certification of Settlement Class. 1. Plaintiffs will request the Court to certify the Settlement Class solely for purposes of the Settlement of the Action. Despite VIZIO’s good faith belief that it is not liable for any of the claims asserted in the Action, VIZIO will not oppose the Court’s certification of the Settlement Class for the purpose of the Settlement of the Action only. Other than for purposes of this Settlement, VIZIO does not waive its objections to certification of the Settlement Class, or any other class, in this Action.
Certification of Settlement Class. The Court finds that the proposed Settlement Class satisfied the prerequisites for class certification under Rule 23, including:
Certification of Settlement Class. For Settlement purposes only, the Parties consent to and agree to the conditional, amended certification of the class previously certified by the Court on August 24, 2020 to be certified as the Settlement Class, pursuant to Code of Civil Procedure section 382. Defendant supports certification of the Settlement Class for settlement purposes only. In the event the Court does not approve all terms of the Agreement, or if the Agreement is voluntarily or involuntarily terminated for any reason, then the Parties agree that certification of the Settlement Class, amending the class certified by the Court on August 24, 2020, shall be void and all Parties hereto shall be restored to their respective positions as of the date of this Agreement, and Defendant has not and shall not be deemed to have waived any opposition or defenses it has to any aspect of the claims asserted herein, including whether those claims are amenable to class-based treatment. In the event the Settlement is not preliminarily approved, the Parties agree to resume settlement discussions in good faith for at least 14 days. If after 14 days, or a longer period requested by the Parties and approved by the Court, the Parties have not agreed to amended settlement terms, then the Parties agree to provide the Court with a proposed trial date and all pre- trial deadlines shall be reset by the Court.
