Conditional Certification of the Settlement Class. 3.1 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 or of any defense asserted in the Action; or (b) any wrongdoing, fault, violation of law, or liability on the part of any Party, Released Party, Settlement Class Member, or their respective counsel.
Conditional Certification of the Settlement Class. 1. Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement and Conditionally Certifying Settlement Class for Settlement Purposes Only is GRANTED. The terms defined in the Settlement shall have the same meaning in this Order.
Conditional Certification of the Settlement Class. Solely for the purposes of settlement, providing Class Notice and implementing this Agreement, the Parties agree to conditional certification of the Settlement Class in the Action for settlement purposes only. If the Settlement is not finalized or finally approved by the Court for any reason whatsoever, the certification of the Settlement Class is voidable by any party, and no doctrine of waiver, estoppel or preclusion will be asserted in any litigated certification proceedings in the Action. No agreements, documents or statements made by or entered into by any party in connection with the Settlement may be used by Plaintiff, any person in the proposed Xxxxxxxxxx Xxxxx, XXX or any other person to establish liability, any defense and/or any of the elements of class certification, whether in the Action or in any other proceeding.
Conditional Certification of the Settlement Class. (a) Solely for purposes of this Settlement, the Parties agree to certification of the following Settlement Class under Federal Rules of Civil Procedure 23(b)(2) and (b)(3): All TDC holders in the United States who, within the Class Period, incurred at least one RPF in connection with their TDC, that was not refunded or waived.
Conditional Certification of the Settlement Class. 3.1 The Parties agree that the Xxxxxxx Action, the Xxxxxx Action, the Xxxxx Action, the Xxxxx Action, and the Xxxx Action may each be certified as class actions under Fed. R. Civ. P. 23(a) and (b)(3) in accordance with the terms of this Agreement and without prejudice to NAPG’s right to contest class certification in the event that this Agreement fails to become effective or is not fully implemented in accordance with its terms. The Parties agree that, in order to effectuate the Settlement and class certification, it may be necessary for the Parties to transfer the Xxxxxx Action, the Xxxxx Action, the Xxxxx Action, and the Xxxx Action such that those actions are before the same judge and in the same Court as the Xxxxxxx Action. The Parties agree that, in order to effectuate the Settlement and class certification, it may be necessary for the Parties to consolidate the Xxxxxx Action, the Xxxxx Action, the Xxxxx Action, and the Xxxx Action with and into the Xxxxxxx Action. If the Settlement is not approved or this Agreement fails to be fully implemented, NAPG reserves all rights to object to any subsequent motion to certify a class in this or any other lawsuit and no representation or concession made in connection with the Settlement or this Agreement shall be considered law of the case or an admission by NAPG or to have any kind of preclusive effect against NAPG or to give rise to any form of estoppel or waiver by NAPG in these actions or any other proceeding.
Conditional Certification of the Settlement Class. The Parties agree that the Settlement Class shall be conditionally certified, in accordance with the terms of this Settlement Agreement, solely for purposes of effectuating the settlement embodied in this Settlement Agreement. The City does not consent, and Class Counsel and the Willits Plaintiffs agree that the City shall not be deemed to have consented, to the certification of the Settlement Class for any purpose other than to effectuate the settlement embodied in this Settlement Agreement. In the event the Settlement Agreement is terminated pursuant to its terms, or if for any reason the settlement embodied in this Settlement Agreement is not effectuated or the Judgment does not become Final, the certification of the Settlement Class shall be vacated, and the Willits Action shall proceed as though the Settlement Class had never been certified, with all parties reserving all of their claims and defenses.
Conditional Certification of the Settlement Class. 44. For settlement purposes only, Plaintiffs shall ask the Court to certify the following “Settlement Class” under Fed. R. Civ. P. 23(b)(3) and 23(e): All current and former holders of a TD Bank, N.A. Cash Secured Credit Card
Conditional Certification of the Settlement Class. 45. For purposes of this Settlement only, the Parties agree to certification of the Settlement Class, as defined above in Paragraph 40, under Rules 23(b)(3) and 23(e) of the Federal Rules of Civil Procedure.
Conditional Certification of the Settlement Class. 52. For purposes of this Settlement only, Settlement Class Counsel shall move the Court in the Preliminary Approval Motion to certify the Settlement Class, as defined above, under Rules 23(a), 23(b)(3), and 23(e) of the Federal Rules of Civil Procedure; to appoint Plaintiffs as the Settlement Class Representatives; and to appoint Settlement Class Counsel as counsel for the Settlement Class.
Conditional Certification of the Settlement Class. 20 1. Named Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement is 21 GRANTED. The terms defined in the Settlement Agreement shall have the same meanings in 22 this Order.
