Class Certification Clause Samples
The Class Certification clause defines the requirements and procedures for a lawsuit to proceed as a class action, where one or more plaintiffs represent a larger group with similar claims. This clause typically outlines the criteria that must be met for a court to certify a class, such as commonality of legal or factual issues and adequacy of representation. By establishing these standards, the clause ensures that only appropriate cases are handled as class actions, thereby preventing misuse of the class action mechanism and promoting judicial efficiency.
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Class Certification. Solely for the purposes of this Settlement, the Parties stipulate and agree to certification of the claims asserted on behalf of Class Members. As such, the Parties stipulate and agree that in order for this Settlement to occur, the Court must certify the Class as defined in this Agreement.
Class Certification. Solely for purposes of the Settlement and for no other purpose, Defendants stipulate and agree to: (a) certification of the Action as a class action pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure on behalf of the Settlement Class; (b) certification of Lead Plaintiffs as Class Representatives for the Settlement Class; and (c) appointment of Lead Counsel as Class Counsel for the Settlement Class pursuant to Rule 23(g) of the Federal Rules of Civil Procedure.
Class Certification. Solely for the purposes of this Settlement, Plaintiff and the Company (hereafter, the “Parties”) agree that this Case should be certified and finally adjudicated as a class action on behalf of the Settlement Class defined herein.
Class Certification. A. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate to class certification of the following “Class” (the members of which are referred to as the “Class Members”): All individuals in California who, between March 2, 2016 and November 5, 2020,
(i) enrolled in an automatic renewal or continuous service program through Consumer Reports for Consumer Reports magazine, Consumer Reports On Health, Consumer Reports Online, and/or Consumer Reports All Access, and (ii) were charged for an automatic renewal of such subscription. Excluded from the Class are the judicial officers to whom this case is assigned.
B. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate that the law firm of Dostart ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP will be appointed as counsel for the Class (“Class Counsel”).
C. Solely for the purpose of effectuating this Settlement, and subject to Court approval, the Parties stipulate that ▇▇▇▇▇▇ and ▇▇▇▇▇ will be appointed as Class Representatives.
D. Subject to Court approval, the Parties agree that CPT Group, Inc. will be the “Settlement Administrator.” The Settlement Administrator will be responsible for: disseminating the Summary Class Notice; establishing and maintaining the Settlement Website; researching and updating addresses through skip-traces and similar means, if and to the extent necessary; receiving and validating claims; preparing a declaration regarding its due diligence; mailing settlement checks to Class Members; and doing such other things as the Parties or the Court may direct in order to effectuate the Settlement.
E. Plaintiffs shall timely submit this Agreement to the Court along with a motion for preliminary approval of class action settlement, conditional certification of the Class, and approval of class notice of the proposed settlement (proposed forms for the emailed Summary Class Notice, the mailed Summary Class Notice, the Long Form Class Notice, and the paper Claim Form are attached hereto as Exhibits A, B, C, and D, respectively). The Parties agree to cooperate in obtaining preliminary approval as soon as the Court’s calendar will permit. The preliminary approval motion will also ask the Court to schedule a fairness hearing on the question of whether the proposed settlement, including payment of attorneys’ fees and costs and class representative service payments, should be finally approved as fair, reasonable, and adequate as ...
Class Certification. The Settling Parties agree, for purposes of this Settlement only, to the certification of the Class. If the Settlement set forth in this Settlement 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 Class provided for herein, will be vacated and the Litigation shall proceed as though the Class had never been certified, without prejudice to any Person’s or Settling Party’s position on the issue of class certification or any other issue. The Settling Parties’ agreement to the certification of the Class is also without prejudice to any position asserted by the Settling Parties in any other proceeding, case, or action, as to which all of their rights are specifically preserved.
Class Certification. 2.1 Solely for the purpose of implementing this Settlement Agreement and effectuating the Settlement, U-Haul agrees to stipulate to the certification of the Settlement Class and will not oppose Plaintiffs’ request for certification.
2.2 Solely for the purpose of implementing this Settlement Agreement and effectuating the Settlement, U-Haul stipulates that Plaintiffs are adequate representatives of the Settlement Class, and that Class Counsel are adequate counsel for the Settlement Class.
2.3 If the Settlement set forth in this Settlement 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, U-Haul 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.
Class Certification. The following Settlement Class is preliminarily certified for settlement purposes only pursuant to Fed. R. Civ. P. 23(b)(1):
Class Certification. (a) The Court shall have certified the Action as a non-opt out class action for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), with Named Plaintiffs as the named Settlement Class representative, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Sellers & Toll, PLLC and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, L.L.P. as Class Counsel, and with the “Settlement Class” as defined above.
(b) As a condition of settlement, the Parties agree to stipulate to certification of the Action as a non-opt out class action, and the Class as a non-opt-out class, for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), on the foregoing terms. If the Settlement does not become Final, then no Settlement Class will be deemed to have been certified by or as a result of this Settlement Agreement, and the Action will for all purposes revert to its status as of the day immediately prior to the date on which the Term Sheet was executed.
Class Certification. Pursuant to Rule 23 of the Federal Rules of Civil Procedure and in light of the proposed Settlement, the Court hereby finds that the prerequisites for a class action have been met and certifies the following class for settlement purposes (the “Settlement Class”): All persons (excluding governmental entities, Defendants, their respective parents, subsidiaries and affiliates) who directly purchased Freight Forwarding Services
Class Certification. The Parties agree that, for settlement purposes only, this Litigation shall be certified as a class action pursuant to Federal Rule of Civil Procedure 23(b)(2) or 23(b)(3), or both, with Representative Plaintiffs as the Class Representatives and Plaintiffs’ counsel as Class Counsel.