Class Certification for Settlement Purposes Only Clause Samples

Class Certification for Settlement Purposes Only. The Settlement Agreement provides for a Settlement Class defined as follows: All individuals in the United States whose Private Information was compromised in the Builders Mutual Data Security Incident that occurred in December 2022. Specifically excluded from the Settlement Class are: 1 All defined terms in this Order Granting Preliminary Approval of Class Action Settlement (“Preliminary Approval Order”) have the same meaning as set forth in the Settlement Agreement, unless otherwise indicated. (1) the judges presiding over this Action, and members of their direct families; (2) the Defendants, their subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendants or their parents have a controlling interest and their current or former officers and directors employees; and (3) Settlement Class Members who submit a valid Request for Exclusion prior to the Opt-Out Deadline. Pursuant to Federal Rules of Civil Procedure 23(e)(1), the Court finds that giving notice is justified. The Court finds that it will likely be able to approve the proposed Settlement as fair, reasonable, and adequate. The Court also finds that it will likely be able to certify the Settlement Class for purposes of judgment on the Settlement only because it meets all of the requirements of Rule 23(a) and the requirements of Rule 23(b)(3). Specifically, the Court finds for settlement purposes only that: (a) the Settlement Class is so numerous that joinder of all Settlement Class Members would be impracticable; (b) there are issues of law and fact that are common to the Settlement Class; (c) the claims of the Class Representatives are typical of and arise from the same operative facts and the Class Representatives seek similar relief as the claims of the Settlement Class Members; (d) the Class Representatives will fairly and adequately protect the interests of the Settlement Class as the Class Representatives have no interests antagonistic to or in conflict with the Settlement Class and have retained experienced and competent counsel to prosecute this Litigation on behalf of the Settlement Class; (e) questions of law or fact common to Settlement Class Members predominate over any questions affecting only individual members; and (f) a class action and class settlement is superior to other methods available for a fair and efficient resolution of this Litigation.

Class Certification for Settlement Purposes Only. The Parties acknowledge and agree and hereby stipulate that: (i) the Class will be certified for settlement purposes only pursuant to this Agreement, (ii) St. ▇▇▇▇▇▇▇ reserves the right to object to class certification de novo in the event this Agreement is terminated for any reason, (iii) this Agreement shall have no precedential effect with regard to any motion for certification of a litigation class that may be filed if this matter is not fully and completely resolved through this settlement effort; and

Class Certification for Settlement Purposes Only. The Parties stipulate to certification of the Class for purposes of settlement only, as described in Section III.6.

Class Certification for Settlement Purposes Only. Defendant contends that the Settlement Class could not be certified as a class under Federal Rule of Civil Procedure 23 in a contested motion for trial purposes. Nothing in this Settlement Agreement may be construed as an admission by Defendant that this Litigation or any similar case is amenable to class certification for trial purposes. To the contrary, Defendant believes that certification of the Settlement Class through a contested motion for class certification in the non- settlement context would be improper. Further, nothing in this Settlement Agreement prevents Defendant from opposing class certification or seeking de-certification of the Settlement Class if final approval of this Settlement Agreement does not occur, or is not upheld on appeal, including review by the United States Supreme Court, for any reason, or if any of the conditions exist that permit Defendant to terminate this Settlement Agreement in accordance with Section 7.

Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Rules 23(b)(3) and (e) of the Federal Rules of Civil Procedure, the Court provisionally certifies a Settlement Class in this matter defined as follows: Specifically excluded from the Settlement Class are: (i) the Met Opera; (ii) all Settlement Class Members who timely and validly submit a Request for Exclusion; (iii) any judges assigned to the Action and their staff and family; and (iv) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the criminal activity occurrence of the Met Opera Data Security Incident or who pleads nolo contendere to any such charge. The Court provisionally finds, for settlement purposes only, that: (a) the Settlement Class 1 Unless otherwise indicated, capitalized terms used herein have the same meaning as in the Settlement Agreement. is so numerous that joinder of all Settlement Class Members would be impracticable; (b) there are issues of law and fact common to the Settlement Class; (c) Plaintiffs’ claims are typical of and arise from the same operative facts and seek similar relief as the claims of the Settlement Class Members; (d) Plaintiffs and Class Counsel will fairly and adequately protect the interests of the Settlement Class as Plaintiffs have no interest antagonistic to or in conflict with the Settlement Class and have retained experienced and competent counsel to prosecute this matter on behalf of the Settlement Class; (e) questions of law or fact common to Settlement Class Members predominate over any questions affecting only individual members; and (f) a class action and class settlement is superior to other methods available for a fair and efficient resolution of this controversy.

Class Certification for Settlement Purposes Only. Pursuant to Fed. R. Civ. P. 23(b)(3), the Court, for settlement purposes only, in the exercise of its discretion conditionally certifies a class (the “Settlement Class”) consisting of (unless otherwise specified, all capitalized terms used below shall have the meaning ascribed to them in the Settlement Agreement): All persons, including businesses, in the United States of America and its territories who, between January 1, 2001 and June 30, 2004, entered into a written agreement with NORVERGENCE, INC. for the lease of one or more Matrix boxes, Matrix SoHo boxes, or other network equipment provided by NORVERGENCE, INC. Excluded from the Settlement Class are the presiding judges in each of the New Jersey Federal Action, the NORVERGENCE Bankruptcy Proceeding, the Delaware Bankruptcy Proceedings, the Canadian Insolvency Proceedings, the staff of each of those presiding judges, Class Counsel, SETTLING NORTEL DEFENDANTS’ in-house and outside counsel and the respective immediate families of all persons listed above. (a) In connection with certification, the Court makes the following preliminary findings: (1) The Settlement Class satisfies Fed. R. Civ. P. 23(a)(1) because the Class appears to be so numerous that joinder of all members is impracticable; (2) The Settlement Class satisfies Fed. R. Civ. P. 23(a)(2) because there appear to be questions of law or fact common to the Class; (3) The Settlement Class satisfies Fed. R. Civ. P. 23(a)(3) because the claims of the named plaintiff WANLAND & ASSOCIATES, INC. appear to be typical of the claims being resolved through the proposed settlement; (4) The Settlement Class satisfies Fed. R. Civ. P. 23(a)(4) because named plaintiff WANLAND & ASSOCIATES, INC. appears to be capable of fairly and adequately protecting the interests of the Settlement Class in connection with the proposed Settlement and because counsel representing the Class – ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇▇ LLP, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP, and ▇▇▇▇▇▇▇▇▇ Hafron ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ – are qualified, competent and capable of prosecuting this action on behalf of the Settlement Class. (5) The Settlement Class satisfies the requirements of Fed. R. Civ. P. 23(b)(3) because common questions of law and fact appear to predominate over questions affecting only individual Settlement Class members and because settlement with the Settlement Class appears to be superior to other available methods for the fair and efficient resolution of the claims of the Class. (b...

Class Certification for Settlement Purposes Only. The Court, pursuant to Rule 23(a) and Rule 23(b)(3) of the Federal Rules of Civil Procedure, conditionally certifies, for purposes of this Settlement only, the following Settlement Class: All persons within the United States who received a non- emergency telephone call from Capital One’s dialer(s) to a cellular telephone through the use of an automatic telephone dialing system or an artificial or prerecorded voice in connection with an attempt to collect on a credit card debt from January 18, 2008, through June 30, 2014, and all persons within the United States who received a non-emergency telephone call from a Participating Vendor’s dialer(s) made on behalf of Capital One to a cellular telephone through the use of an automatic telephone dialing system or an artificial or prerecorded voice in connection with an attempt to collect on a credit card debt from February 28, 2009, through June 30, 2014. Excluded from the Settlement Class are Defendants and any affiliate or subsidiary of Defendants, and any entities in which any of such companies have a controlling interest, as well as all persons who validly opt out of the Settlement Class.

Class Certification for Settlement Purposes Only. The proposed Settlement Agreement submitted with the Motion is preliminarily approved, pending the notice and formal approval process set forth herein.

Class Certification for Settlement Purposes Only. The Court conditionally certifies, 26 for purposes of the Settlement only, the Settlement Class (as defined below):