Certification of Settlement Class Sample Clauses

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. ▇▇▇▇▇ 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. The Court has considered: (1) the record in this case, including the briefing provided by Plaintiff in support of its motion for entry of this Preliminary Approval Order; (2) the terms of the Settlement Agreement and benefits to be provided to the Settlement Class; and (3) the Settlement’s elimination of any potential manageability issues that may otherwise have existed if the Litigation continued. Based on those considerations, the Court finds: A. Plaintiff has shown that, in the context of this Settlement, it will “likely be able to” meet all requirements of class certification of the Settlement Class under Fed. R. Civ. P. 23(a) and (b)(3), including: (a) numerosity, given that the Settlement Class includes thousands of members ; (b) there are questions of law and fact common to the Settlement Class; (c) Plaintiff’s claims are typical of the claims of the Settlement Class Members for purposes of the Settlement; (d) Plaintiff and Class Counsel have fairly and adequately represented the interests of the Settlement Class and will continue to do so; (e) questions of law and fact common to the Settlement Class predominate 1 Capitalized terms in this Order have the meaning ascribed to them in the Settlement Agreement. over any questions affecting any individual members; and (f) a class action provides a fair and efficient method for settling the controversy under Rule 23. B. Because the Litigation is being settled rather than litigated, the Court need not consider manageability issues that might otherwise be presented by the trial of a class action involving the issues in the Litigation. Likewise, the Court need not consider Defendants’ denial of Plaintiff’s allegations or its legal arguments. C. As such, the Court provisionally certifies the Settlement Class for settlement purposes defined as follows: All persons in the United States who have been identified by Defendants as insured under a Travel Plan purchased within the Class Period,2 and for whom a claim for trip cancellation benefits was initiated under the Travel Plan. The Parties have acknowledged that the third party administrator handling trip cancellation claims for the Travel Plans identified no more than 105,284 potential Settlement Class Members. Excluded from the Settlement Class are: (i) all persons who previously received a refund of premium from the Defendants for any Travel Plan(s) at issue in the Litigation; (ii) all persons who previously entered into a written agreement with the Defendant...

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. Solely for the purpose of implementing this Settlement Agreement and effectuating the Settlement, LifeWorks stipulates that Plaintiff is an adequate representative of the Settlement Class, and that Settlement Class Counsel are adequate counsel for the Settlement Class. Defendant 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 7.8) does not occur. If the Settlement set forth in this Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of this Settlement Agreement, this Settlement Agreement, and the certification of the Settlement Class provided for herein, shall be vacated, and the Lawsuit shall proceed as though the Settlement Class had never been certified, without prejudice to any Person’s or Party’s position on the issue of class certification or any other issue. The Parties’ agreement to the certification of the Settlement Class is also without prejudice to any position asserted by the Parties in any other proceeding, case, or action, as to which all of their rights are specifically preserved. In the event of non-approval, termination, or cancellation of this Settlement Agreement, LifeWorks shall be responsible for administration and notification costs incurred, if any, but shall have no other payment, reimbursement, or other financial obligation of any kind as a result of this Settlement Agreement.

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. Defendant 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 7.8) does not occur.

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. 7.1 The Parties agree, for settlement purposes only, that this Action shall be certified and proceed as a class action under Missouri Rule of Civil Procedure 52.08(b)(3), with a class consisting of all Settlement Class Members, and with the named Plaintiffs as class representatives of the Settlement Class and Plaintiffs’ Counsel as counsel for the Settlement Class Members. 7.2 Any certification of a conditional, preliminary, or final settlement class pursuant to the terms of this Settlement shall not constitute, and shall not be construed as, an admission on the part of Defendants that this Action, or any other proposed or certified class action, is appropriate for trial class treatment pursuant to the Missouri Rules of Civil Procedure, or any similar state or federal class action statute or rule. This Settlement Agreement shall be without prejudice to the rights of Defendants to: (a) move to dismiss or stay this Action on any applicable basis if the Settlement Agreement is terminated for any reason, Final Approval does not occur for any reason, or the Final Settlement Approval Date does not occur; (b) oppose any class certification in this Action should this Settlement Agreement not be approved or implemented for any reason; or (c) oppose certification in any other proposed or certified class action. Neither the fact of this Settlement nor this Settlement Agreement shall be used in connection with efforts in any proceeding to seek certification of any claims asserted against Defendants.

Certification of Settlement Class. Pursuant to Fed. R. Civ. P. 23, this Court hereby finally certifies the Settlement Class, as identified in the Settlement Agreement: “All persons who from four years prior to the filing of this action (1) were sent a text message from YouFit related to the offering of YouFit’s products or services and (2) who were not members of YouFit at the time he or she was sent the text message and (3) who did not consent to receive the text messages.” Excluded from the Settlement Class are: (i) the district judge and magistrate judge presiding over this case, the judges of the U.S. Court of Appeals for the Eleventh Circuit, their spouses, and persons within the third degree of relationship to either of them; (2) individuals who are or were during the Class Period agents, directors, employees, officers, or servants of YouFit or of any affiliate or parent of YouFit;

Certification of Settlement Class. A. The Parties stipulate to certification, for settlement purposes only, of a Class defined as follows: All persons in the United States or its territories who, on or before January 23, 2023, purchased a Class Device. Excluded from the Class are Defendant; any entity in which Defendant has a controlling interest or which has a controlling interest in Defendant; Defendant’s legal representatives, assigns and successors; and all judges who have presided over the Action and any member of the judges’ immediate families. B. Solely for the purpose of implementing this Agreement and effectuating the Settlement, iFIT stipulates to the Court entering an Order preliminarily certifying the Class, appointing Plaintiffs as representatives of the Class, and appointing Class Counsel as counsel for the Class. C. Solely for the purpose of implementing this Agreement and effectuating the Settlement, iFIT stipulates that Plaintiffs and Class Counsel meet the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3).

Certification of Settlement Class. 3.1 CardConnect agrees that, solely for the purposes of this Settlement and its implementation, the Action shall proceed as a class action, as more particularly described in this Settlement Agreement. The Parties have agreed that the Settlement Class shall be: All CardConnect Merchants that paid at least one of the Subject Fees from November 1, 2012 through the date of Preliminary Approval. Excluded from the Settlement Class are: (i) those customers that opt out of this Agreement as identified in paragraph 6; (ii) CardConnect officers, directors, or employees, any entity in which CardConnect has a controlling interest, and the affiliates, legal representatives, attorneys, heirs, or assigns of CardConnect;