Final Class Certification. The Settlement Class that this Court previously certified in its Order of Preliminary Approval is hereby finally certified for settlement purposes under Federal Rules of Civil Procedure 23(b)(2) and 23(b)(3). The Court adopts and incorporates its class certification findings as set forth in its Order of Preliminary Approval. The Settlement Class consists of: All persons and/or entities who: (i) are or were Florida healthcare providers (as described by Section 627.736(1)(a), Fla. Stat.), or their assignees; (ii) provided medical services to a person insured by the GEICO COMPANIES under an auto policy that included a deductible applicable to the PIP coverage provided under the policy; (iii) hold an assignment of benefits from said insured; (iv) submitted a claim to the GEICO COMPANIES for payment of such medical services; and (v) had their claim adjusted during the Class Period by applying the statutory reimbursement limitations of Section 627.736, Fla. Stat., to medical services determined to be within the PIP deductible. Excluded from the Settlement Class are: (1) the GEICO COMPANIES, any entities in which the GEICO COMPANIES have a controlling interest, and all of their legal representatives, heirs and successors; and (2) members of the judiciary for the United States District Courts of Florida. The following claims of Settlement Class Members shall be outside of the scope of the Settlement Agreement and the Released Claims, but shall not otherwise affect membership in the Settlement Class: (1) any claims resolved by separate settlement, dismissal with prejudice, or full payment in response to a demand letter; (2) any claims that are the subject of an individual (not on behalf of a proposed class) lawsuit that has been filed and remains pending as of the Court’s Order of Preliminary Approval; (3) any claims where insurance benefits exhausted prior to the Effective Date or the date a timely Settlement Claim Form is deemed submitted, whichever is later; and (4) any claims that are denied during the settlement claims process on the grounds that the claim is outside the scope of the Settlement Agreement. When a PIP or other no-fault claim includes both medical services within the scope of the Settlement Agreement and others outside the scope of the Settlement Agreement, the Settlement Agreement and Release will apply but only to those medical services within the scope of the Settlement Agreement.
Final Class Certification. The Settlement Class, which this Court previously certified preliminarily, is hereby finally certified for settlement purposes under Federal Rule 23, the Court finding that the Settlement Class fully satisfies all of the applicable requirements of Federal Rule 23 and due process. The Settlement Class is defined as follows: Those persons who:
Final Class Certification. The Court finds that the Settlement Class satisfies the applicable prerequisites for class action treatment under Fed. R. Civ. P. 23, namely:
Final Class Certification. The Court again finds that the Action satisfies the 24 applicable prerequisites for class action treatment, namely:
Final Class Certification. The Court finds that the Action satisfies 7 the applicable prerequisites for class action treatment under Fed. R. Civ. P. 23, 8 for settlement purposes. The Court finds that the settlement of the Action, on 9 the terms and conditions set forth in the Settlement Agreement, is in all 10 respects fundamentally fair, reasonable, adequate, and in the best interests of 11 the Settlement Class Members, especially in light of the benefits to the 12 Settlement Class Members, the strength of the Plaintiff’s case, the complexity, 13 expense and probable duration of further litigation, the risk inherent at trial 14 and of collecting any judgment obtained on behalf of the class.
Final Class Certification. The Court finds the Class satisfies all applicable 24 requirements of Code of Civil Procedure Section 382, California Rule of Court 3.769, and due 25 process. Accordingly, the Court certifies for settlement purposes a Class consisting of all persons in 26 the United States or its territories who purchased any Elixir Product for personal, family, household, 27 or professional purposes between June 1, 2019 and the date of the entry of an order granting 28 preliminary approval to the Settlement Agreement excluding (a) any individuals who have pending 1 litigation against Elixir; (b) any Settlement Class Members who file a timely request for exclusion;
Final Class Certification. The Class preliminarily certified by this Court is hereby finally certified for settlement purposes only under Fed. R. Civ. P. 23(a), (b)(3), and (c)(2), the Court finding that the Class fully satisfies all the applicable requirements of Fed. R. Civ. P. 23 and
Final Class Certification. The Court finds that the Action satisfies 25 the applicable prerequisites for class action treatment under California Code of 26 Civil Procedure § 382, for settlement purposes. The Court finds that the 27 settlement of the Action, on the terms and conditions set forth in the 1 Agreement, is in all respects fundamentally fair, reasonable, adequate, and in 2 the best interests of the Settlement Class Members, especially in light of the 3 benefits to the Settlement Class Members, the strength of the Plaintiff’s case, 4 the complexity, expense and probable duration of further litigation; the risk 5 and delay inherent in possible appeals; and the risk of collecting any judgment 6 obtained on behalf of the class.
