Certification of the Settlement Classes Sample Clauses
The Certification of the Settlement Classes clause formally recognizes and approves specific groups of individuals or entities as members of the settlement class for the purposes of a legal settlement. This clause typically outlines the criteria that define who is included in the class, such as individuals affected by a particular event or transaction during a specified time period. By certifying the class, the court ensures that all eligible members are properly represented and can benefit from the settlement, thereby streamlining the resolution process and preventing future related claims.
Certification of the Settlement Classes. On August 31, 2021, District Court Judge ▇▇▇▇▇▇ ▇. ▇▇▇▇ entered an order granting in part Plaintiffs’ Motion for Class Certification under Rule 23(b)(2). (Dkt. No. 525.) Judge ▇▇▇▇ certified the following two classes: Case: 1:15-cv-03467 Document #: 598 Filed: 07/14/23 Page 2 of 4 PageID #:45721
Certification of the Settlement Classes. 3.1.1. Solely for the purposes of Settlement and the proceedings contemplated herein for effectuating the Settlement, the Parties stipulate and agree that the Court may (i) certify the Settlement Classes in accordance with the definitions contained in Sections 1.17, 1.18, and
3.1.2. It is expressly recognized and agreed that this stipulation as to the certification of the Settlement Classes and the appointment of Settlement Class Representatives and Settlement Class Counsel shall be of no force and effect and has no evidentiary significance outside of or beyond enforcing the terms of this Agreement. By entering this Agreement, SafeRent does not waive its right to challenge or contest the maintenance of any lawsuit against it as a class action or to oppose certification of any class other than the Settlement Classes in connection with the Settlement memorialized in this Agreement.
Certification of the Settlement Classes. The Agreement provides for a nationwide class settlement of the Released Claims, as defined below, of two proposed classes concerning certain practices with respect to Viridian variable rate electricity and/or gas plans. ▇▇▇▇▇▇▇▇ has at all times disputed, and continues to dispute, Plaintiffs’ allegations in the Litigation, denies any liability for any of the claims that have or could have been alleged by Plaintiffs or other members of the Settlement Classes, and denies any wrongdoing. However, as a part of the Agreement, Viridian is not objecting to the certification of the two settlement classes defined below for settlement purposes only. The Agreement settles all Released Claims that have been or could have been brought in the proposed class-action Litigation.
A. The Court has considered (1) allegations, information, arguments, and authorities provided by the parties in connection with pleadings and motions previously filed by each of them in this case; (2) information, arguments, and authorities provided in the memoranda submitted in support of Plaintiffs’ preliminary approval motion; (3) Viridian’s decision to not object to certification of the settlement classes specified in the Agreement; (4) the terms of the Agreement including, but not limited to, the definition of the settlement classes and the benefits to be provided to each settlement class, respectively; and (5) the Agreement’s elimination of any potential manageability issues, ascertainability issues, and individualized issues of fact and law that could have had a bearing on the certification of these nationwide classes for trial. Based on those considerations, the Court reviewed the required factors for class certification under Fed. R. Civ. P. 23(a) and 23(b)(3) and makes the following findings.
1. Each Settlement Class is ascertainable. Each Settlement Class is defined solely with reference to objective criteria. It is administratively feasible to determine class membership in each Settlement Class during the Class Period from July 1, 2009 through December 31, 2016.
2. From July 1, 2009 through December 31, 2016, thousands of customers entered into variable rate contracts with Viridian for electricity and/or natural gas supply services. These numbers readily satisfy the numerosity requirement of Rule 23(a).
3. There are questions of law and fact common to all members of each Settlement Class, respectively, based on Viridian’s sale of the variable rate plans within and among each respective...
Certification of the Settlement Classes. 125. Plaintiffs shall propose and recommend to the Court that the Settlement Classes be certified for Settlement purposes only under Rule 23(b)(3). Defendants agree solely for purposes of the Settlement provided for in this Agreement, and the implementation of such Settlement, that these Actions shall proceed as a class action settlement; provided however, that if a Final Approval Order is not issued or is reversed on appeal, then any certification shall be null and void and, for the avoidance of doubt, Defendants shall retain all rights to object to and oppose any future requests to certify a class. 126. Plaintiffs and Class Counsel shall not reference this Agreement or any negotiations leading to this Agreement in support of any subsequent motion for class certification of any class in the Actions.
Certification of the Settlement Classes. For purposes of Settlement of this Action, and pursuant to Federal Rules of Civil Procedure 23(b)(2) and (b)(3), this Action is certified as a class action on behalf of the following Settlement Classes:
Certification of the Settlement Classes