The Cruise Defendants’ Denial of Liability and Any Basis for Certification of Settlement Class Sample Clauses

The Cruise Defendants’ Denial of Liability and Any Basis for Certification of Settlement Class. The Cruise Defendants dispute that a class defined by the Plaintiff in the TAC (and any predecessor pleadings) or in Plaintiff’s Motion for Class Certification under Rule 23(b) could be properly certified based on the Plaintiff’s claims in this Action. However, solely for the purposes of avoiding the expense and inconvenience of further litigation, the Cruise Defendants do not oppose the certification of a Settlement Class for the purposes of this Settlement only. Preliminary certification of the Settlement Class will not be deemed a concession that certification of a litigation class is appropriate, nor would the Cruise Defendants be precluded from challenging class certification in further proceedings in this Action or in any other action if the Settlement Agreement and Release is not finalized or finally approved for any reason. If the Settlement Agreement and Release is not finally approved by the Court for any reason whatsoever, the certification of Settlement Class will be void, and no doctrine of waiver, estoppel, or preclusion will be asserted in any litigated certification proceedings in this Action or any other judicial proceeding. No agreements made by or entered into by the Cruise Defendants in connection with the Release and Settlement Agreement may be used by Plaintiff, any Settlement Class Member, or any other person to establish any of the elements of class certification in any certification proceedings, whether in this Action or any other judicial proceedings.
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The Cruise Defendants’ Denial of Liability and Any Basis for Certification of Settlement Class. The Cruise Defendants deny any wrongdoing whatsoever. Specifically, The Cruise Defendants deny all of Plaintiff’s allegations asserted in Plaintiff’s Third Amended Complaint [DE 34], which were made individually and on behalf of the putative class, and further deny any and all liability to anyone, including, but not limited to, Plaintiff, the putative class, the settlement class, or any other person, based upon, arising out of, relating to, or otherwise in connection with the allegations asserted in the Third Amended Complaint. Therefore, the Cruise Defendants maintain that Plaintiff, Settlement Class Members, any opt-out individuals and any employees are not entitled to any relief. The Cruise Defendants further contend that the allegations in the Plaintiff’s pleadings are not amenable to class certification, that Plaintiff would not have survived dismissal and/or summary judgment on these claims and even if the Court denied dismissal and/or summary judgment, which is unlikely, each of the Cruise Defendants would have prevailed at trial on all of the issues raised in the Third Amended Complaint. Id. Nevertheless, given the risks, uncertainties, burden, and expense of continued litigation, Cruise Defendants have agreed to enter into this Agreement, subject to Court approval. However, solely for the purposes of avoiding the expense and inconvenience of further litigation, the Cruise Defendants do not oppose the certification of a Settlement Class for the purposes of this Settlement only. Preliminary certification of the Settlement Class will not be deemed a concession that certification of a litigation class is appropriate, nor would the Cruise Defendants be precluded from challenging class certification in further proceedings in this Action or in any other action if the Amended Settlement Agreement and Release is not finalized or finally approved for any reason. If the Amended Settlement Agreement and Release is not finally approved by the Court for any reason whatsoever, the certification of Settlement Class will be void, and no doctrine of waiver, estoppel, or preclusion will be asserted in any litigated certification proceedings in this Action or any other judicial proceeding. No agreements made by or entered into by the Cruise Defendants in connection with the Amended Settlement Agreement and Release may be used by Plaintiff, any Settlement Class Member, or any other Person to establish any of the elements of class certification in any certification pro...
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Related to The Cruise Defendants’ Denial of Liability and Any Basis for Certification of Settlement Class

  • 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.

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  • Certification of the Settlement Class For purposes of this Settlement only, the Parties stipulate to the certification of the Settlement Class, which is contingent upon the Court entering the Final Approval Order and Judgment of this Settlement and the occurrence of the Effective Date.

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