Certification of the Class. For the purposes of Settlement and the proceedings contemplated herein only, and subject to Court approval, the Parties stipulate and agree that the Class shall be provisionally certified pursuant to Federal Rule of Civil Procedure 23 in accordance with the definition contained herein, that Xxxxxx shall represent the Class for settlement purposes and shall be the Class Representative, and that Class Counsel shall be appointed as counsel for the Class.
Certification of the Class. 2.1. This Agreement is for settlement purposes only, and neither the fact of nor any provision contained in this Agreement, nor any action taken hereunder, shall constitute or be construed as an admission of: (a) the validity of any claim or allegation by Plaintiff, or of any defense asserted by Xxxxx, in the Action or (b) any wrongdoing, fault, violation of law, or liability on the part of any Party, Released Party, Class Member, or their respective counsel.
Certification of the Class. (a) For the purposes of Settlement and the proceedings contemplated herein only, the Parties stipulate and agree that the Class shall be provisionally certified pursuant to Cal. R. Ct. 3.769(d) in accordance with the definition contained in Section 1.8, that Plaintiff shall represent the Class for settlement purposes and shall be the Class Representative, and that Plaintiff’s Counsel shall be appointed as counsel for the Class.
Certification of the Class. For purposes of effectuating the settlement of the Litigation only, the Parties agree to jointly request that the Court certify a nationwide Preliminary Settlement Class consisting of the Disclosure Class Members and the Pre-Adverse Action Class Members as defined in this Agreement. The Parties agree that should the Court deny certification for settlement purposes, Defendant is not precluded from challenging class certification in this litigation. The Parties further acknowledge and agree that Defendant shall have the right to terminate the Agreement if more than ten percent (10%) of either the Disclosure Class or the Pre-Adverse Action Class opts out of the class.
Certification of the Class. For the purposes of the Settlement only and the proceedings contemplated herein, the Parties stipulate and agree that the Class shall be certified in accordance with the definition contained in Section 1.2 above. The Parties agree that certification of the Class is for settlement purposes only and is in no way an admission that class certification is proper under the more stringent standard applied for litigation purposes.
Certification of the Class. For the purposes of the Settlement only and the proceeding contemplated herein, the Parties stipulate and agree that: (1) the Class shall be provisionally certified in accordance with the definition contained in Section 1.4 above;
Certification of the Class. Following a five-day evidentiary hearing, this Court granted in part Plaintiffs’ Renewed Motion for Class Certification and certified a class for property remediation and medical surveillance under Federal Rule of Civil Procedure 23(b)(2) defined as follows: “All residents and real property owners located within a 7-mile radius of the Crosby, Texas, Arkema Chemical Plant.” Dkt. No. 316 at 111.
Certification of the Class. The Court finds that the prerequisites of Rule 23 have been satisfied for certification of the Class for settlement purposes because: Class Members are so numerous that joinder of all members is impracticable; there are questions of law and fact common to the Class; the claims and defenses of the Class Representative are typical of the claims and defenses of the Class she represents; the Class Representative has fairly and adequately protected the interests of the Class with regard to the claims of the Class she represents; common questions of law and fact predominate over questions affecting only individual Class Members, rendering the Class sufficiently cohesive to warrant a class settlement; and the certification of the Class is superior to individual litigation and/or settlement as a method for the fair and efficient resolution of this matter. For purposes of the Settlement and this Final Approval Order and Judgment, the Court xxxxxx finally certifies the following Class: All United States residents who, in the Xxxxxx Xxxxxx, during the Class Period, either (i) purchased a Shutterfly General Spend Groupon that was never redeemed; or, (ii) redeemed a Shutterfly General Spend Groupon. For avoidance of doubt, the Class includes purchasers of each of the following Shutterfly General Spend Groupons: GP4W, GP7C, GP7D, GP7E, GP7F, GP7G, GP7H, GP7T, GP7U, GP7V, GP7W, GP7X, GP7Y, GP7Z, GP8A, GP9A, GP9B, GP9C, GP9D, GP9E, XX0X, XX0X, XX0X, XX0X, XX0X, XX0X, XX0X, GPAG, GPAH, GPAL, GPAM, GPAN, GPAP, GPAQ, GPAR, GPAS, GPAT, XXX0, XXX0, GPA9, GPBA, GPBB, GPBV, GPBW, GPBX, GPBY, GPBZ, XXX0, XXX0, GPCA, GPCB, GPCC, GPCU, GPCV, GPCW, GPDA, GPDB, GPDC, GPDD, GPDE, GPDF, GPDG, GPDH, GPDJ, GPDQ, GPDR, GPDS, GPDT, and GPDU. 18 Excluded from the Class are (a) the undersigned judge and any member of her immediate family; (b) the Honorable Magistrate Xxxxxxxx X. XxXxxxxx and any member of her immediate family; (c) any government entity; (d) Honorable Xxxxxxx Xxxxxx (Ret’d) and any member of his immediate family; (e) Defendant; (f) any entity in which Defendant has a controlling interest; (g) any of Defendant’s parents, affiliates, and officers, directors, employees, legal representatives, heirs, successors, or assigns; and (h) all persons who have filed a timely Request for Exclusion to opt out of the Class. For the purpose of this Settlement, the Court hereby finally approves Plaintiff as the Class Representative and the law firm of Gutride Xxxxxx LLP as Class Counsel.
Certification of the Class. The Court previously certified the Class defined as: All persons with addresses in the State of Wisconsin to whom Enhanced Recovery Company, LLC mailed an initial written communication to collect a debt between January 17, 2017 and February 7, 2018, which was not returned as undeliverable, and which stated “[y]our recently disconnected Time Warner Cable account has been forwarded to us to assist you in the resolution of your balance due.”
Certification of the Class. 6. For purposes of the Settlement only, the parties hereto agree that the Court shall certify a non-opt-out class pursuant to Court of Chancery Rules 23(a), 23(b)(1), and 23(b)(2) consisting of the Class Members. In the event that the Settlement is terminated or rendered null and void and of no force and effect as to all Parties, the certification of the Class shall, except as provided herein, be deemed vacated, the Action shall proceed as though the Class had never been certified, and no reference to the certification of the Class, or to this Stipulation or any documents related thereto, shall be made by the Parties for any purpose, except as expressly authorized by the terms and conditions of this Stipulation. Defendants reserve the right to oppose certification of any plaintiff class in any suit, action, or proceeding (including, without limitation, any proceedings in the Action other than in furtherance of the Settlement).
