Common use of Class Certification for Settlement Purposes Only Clause in Contracts

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.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Class Certification for Settlement Purposes Only. The Settlement Agreement provides for a Settlement Class defined as follows: All individuals persons residing in the United States whose Private Information was PII may have been compromised in the Builders Mutual Data Security Incident that occurred in December 2022Cybersecurity Incident. Specifically excluded Excluded from the Settlement Class are: 1 All defined terms in this Order Granting Preliminary Approval are (a) all persons who are employees, directors, officers, and agents of Class Action Settlement Form I-9; (“Preliminary Approval Order”b) have the same meaning as set forth in the Settlement Agreement, unless otherwise indicated. governmental entities; (1c) the judges presiding over this Judge assigned to the Action, and members of their direct families; (2) the Defendants, their subsidiaries, parent companies, successors, predecessorsthat Judge’s immediate family, and any entity in which the Defendants or their parents have a controlling interest and their current or former officers and directors employeesCourt staff; and (3d) those persons who opt-out of the Settlement Class Members who submit a valid Request for Exclusion prior to in accordance with the Opt-Out Deadlineterms of this Agreement. Pursuant to Federal Rules Rule 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 Representative 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.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Class Certification for Settlement Purposes Only. The Settlement Agreement provides for For settlement purposes only and pursuant to Florida Rules of Civil Procedure 1.220(a), the Court provisionally certifies a Settlement Class class in this matter defined as follows: All individuals U.S. persons who are, or have been, patients of Defendant who were treated at Defendant’s U.S. clinics and who visited any websites, patient portals, and/or mobile applications owned, operated, or managed directly or indirectly by Defendant or its subsidiaries or affiliates at least once between November 20, 2017 and up to and including September 21, 2023. Excluded from the Class are: (i) Defendant, any entity in which Defendant has a controlling interest, and Defendant’s affiliates, parents, subsidiaries, officers, directors, legal representatives, successors, and assigns; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; and (iii) any individual who timely and validly excludes themselves from the Settlement. 1 Unless otherwise indicated, capitalized terms used herein have the same meaning as defined in the United States whose Private Information Settlement Agreement and Release, which 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 filed with Plaintiffs’ Unopposed Motion for 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 justifiedSettlement. The Court finds that it will likely be able to approve the proposed Settlement as fairprovisionally finds, 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 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 Settlement 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 Settlement Class Representatives and Settlement Class Counsel will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives have no interests interest antagonistic to or in conflict with the Settlement Class and have retained experienced and competent counsel to prosecute this Litigation 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 Litigationcase.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Class Certification for Settlement Purposes Only. The Settlement Agreement provides for For settlement purposes only and pursuant to FEDERAL RULES OF CIVIL PROCEDURE 23(a), (b)(2), (b)(3), and (e), the Court provisionally certifies a Settlement Class class in this matter defined as follows: All individuals persons residing in the United States or its territories whose Private Information personally identifiable information was compromised identified as potentially being impacted in the Builders Mutual Data Security Incident that occurred November 2020 data security incident announced by Automation Personnel Services, Inc. in December 2022March 2021. Specifically excluded Excluded from the Settlement Class are: is any judges presiding over this Litigation, their immediate family members, and any members of the judges’ judicial staff, the officers and directors of Defendant and their immediate family members, Class 1 All Unless otherwise indicated, capitalized terms used herein have the same meaning as defined terms in this Order Granting the Settlement Agreement, which was filed with Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement (“Preliminary Approval Order”) have the same meaning as set forth in and Certification of Settlement Class. Counsel and their immediate family members, and persons who timely and validly request exclusion from the Settlement Agreement, unless otherwise indicated. (1) the judges presiding over this ActionClass, and members the legal representatives 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 each of Civil Procedure 23(e)(1), the Court finds that giving notice is justifiedthese excluded categories of persons. The Court finds that it will likely be able to approve the proposed Settlement as fairprovisionally finds, 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 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 Settlement Class Representatives Representative 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 Settlement Class Representatives Representative and Settlement Class Counsel will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives have Representative has no interests interest in antagonistic to or in conflict with the Settlement Class and have retained experienced and competent counsel to prosecute this Litigation 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 the other methods available for a fair and efficient resolution of this Litigationcase; and (g) final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Class Certification for Settlement Purposes Only. The Settlement Agreement provides for a Settlement Class defined as follows: All individuals persons who purchased Weighted Goods from Walmart in the United States from February 13, 2015, to the date of this Order, whose Private Information Weighted Goods’ unit sale price was compromised not accurately reflected in the Builders Mutual Data Security Incident that occurred in December 2022final sale price. Specifically excluded 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 ActionLitigation, and members of their direct families; (2) the DefendantsDefendant, their its subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendants Defendant or their its parents 1 All defined terms herein have the same meaning as set forth in the Settlement Agreement. have a controlling interest and their current or former officers officers, directors, and directors employees; and (3) Settlement Class Members who submit a valid Opt-Out Request for Exclusion 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 Settlement Class Representatives Representative are typical of and arise from the same operative facts and the Settlement Class Representatives seek Representative seeks similar relief as the claims of the Settlement Class Members; (d) the Settlement Class Representatives Representative will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives have Representative has no interests interest antagonistic to or in conflict with the Settlement Class and have has 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.

Appears in 1 contract

Sources: Settlement Agreement

Class Certification for Settlement Purposes Only. The Settlement Agreement provides for a Settlement Class defined as follows: All individuals persons residing in the United States who participated in funds or trusts managed by WPAS, whose Private Information was potentially compromised in as a result of the Builders Mutual Data Security Incident that occurred in December 2022WPAS discovered on approximately July 21, 2021. 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. . DocuSign Envelope ID: EC01DBF8-B3E8-430E-B0BE-C81D735AA71D Excluded from the Settlement Class are (1i) WPAS; (ii) the judges presiding over this Action, and members of their direct familiesRelated Entities; (2iii) 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) all Settlement Class Members who submit timely and validly request exclusion from the Settlement Class; (iv) any judges assigned to this case and their staff and family; and (v) any other Person found by a valid Request for Exclusion prior court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the Opt-Out Deadlinecriminal activity that resulted in the Data Security Incident or who pleads nolo contendere to any such charge. Pursuant to Federal Rules Washington Rule of Civil Procedure 23(e)(123(e), 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 are 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 Settlement Class Representatives are typical of typical, and arise from the same operative facts and the Class Representatives seek similar relief as the claims of the Settlement Class Members; (d) the Settlement 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.

Appears in 1 contract

Sources: Settlement Agreement

Class Certification for Settlement Purposes Only. The Settlement Agreement provides for For settlement purposes only and pursuant to Rule 42 of the Texas Rules of Civil Procedure, the Court provisionally certifies a Settlement Class in this matter defined as follows: All all persons Southland identified as being among those individuals in impacted by the United States whose Private Information was compromised in Data Breach, including all who were sent a notice of the Builders Mutual Data Security Incident that occurred in December Breach on or about April 8, 2022. Specifically excluded The Settlement Class includes approximately 11,499 people. 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 are any judge presiding over this Action, matter and any members of their direct families; (2) the Defendantsfirst-degree relatives, their subsidiariesjudicial staff, parent companiesSouthland’s officers, successors, predecessorsdirectors, and any entity in which members, and persons who timely and validly request exclusion from 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 DeadlineClass. Pursuant to Federal Rules of Civil Procedure 23(e)(1), Tex. R. Civ. P. 42(a) the Court finds that giving notice is justified. The Court finds that it will likely be able to approve the proposed Settlement as fairprovisionally finds, 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 only, that: (a1) the Settlement Class is so numerous that joinder of all Settlement Class Members would be impracticable; (b2) there are issues questions of law and or fact that are common to the Settlement ClassClass 1 Unless otherwise indicated, capitalized terms used herein have the same meaning as in the Settlement Agreement. which predominate over any questions affecting only individual class members; (c3) the claims of the Class Representatives Representative Plaintiff 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; and (d4) the Representative Plaintiff and Settlement Class Representatives Counsel will fairly and adequately protect the interests of the Settlement Class as the Class Representatives have Representative Plaintiff has no interests interest antagonistic to or in conflict with the Settlement Class and have retained experienced and competent counsel to prosecute this Litigation matter on behalf of the Settlement Class; (e) . Pursuant to Tex. R. Civ. P. 42(b)(3), the Court finds that questions of law or fact common to Settlement Class Members predominate over any questions affecting only individual members; members and (f) a class action and class settlement is superior to other methods available for a fair and efficient resolution of this Litigationcontroversy.

Appears in 1 contract

Sources: Class Settlement Agreement

Class Certification for Settlement Purposes Only. The Settlement Agreement provides for a Settlement Class defined as follows: All The persons who are identified on the Settlement Class List, including all individuals in the United States whose Private Information who were sent notification by BCLP, Mondelēz, and Chicago IVF that their PII/PHI was or may have been compromised in the Builders Mutual Data Security Incident that occurred in December 2022. Specifically excluded from the Settlement Class are:Incident. 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) . Excluded from the Settlement Class are the judges presiding over this Action, 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 Rule 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 Action 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 LitigationAction.

Appears in 1 contract

Sources: Settlement Agreement

Class Certification for Settlement Purposes Only. Pursuant to Federal Rule of Civil Procedure 23(c), the Court conditionally certifies, for settlement purposes only, the following Settlement Class: The approximately 134,000 persons who GRC has identified in available records as having been sent the form of collection letter that is attached to the Settlement Agreement as Exhibit A (the “Letter”). The Settlement Agreement provides for Class includes only those individuals to whom GRC sent the Letter at any time from May 23, 2011 to the Cessation Date. Only individuals to whom GRC sent a Settlement Class defined as follows: All individuals letter in the United States whose Private Information was compromised form of Exhibit A shall be included in the Builders Mutual Data Security Incident Settlement Class. For purposes of this Agreement, the “form” of letter means consisting of the same language, except for information that occurred in December 2022is inserted and is borrower-specific (i.e., name, address, account number, “current principal” “current interest” “current collection cost balance” “current or other charges” or “current interest rate”, etc.). Specifically excluded Excluded from the Settlement Class are: 1 All defined terms in this Order Granting Preliminary Approval are the judges to whom the Action is assigned and any member of Class Action Settlement (“Preliminary Approval Order”) have the same meaning judges’ staff and immediate family, as set forth in well as all persons who validly request exclusion from the Settlement Agreement, unless otherwise indicated. (1) the judges presiding over Class. In connection with 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)conditional certification, the Court finds that giving notice is justified. The Court finds that it will likely be able to approve makes 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 following preliminary findings for settlement purposes only that: only: (a) the The Settlement Class is appears to be so numerous that joinder of all Settlement Class Members would be members is impracticable; ; (b) there are issues of law and fact that are common There appear 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) be questions of law or fact common to the Settlement Class for purposes of determining whether this Settlement should be approved; (c) Plaintiff’s claims appear to be typical of the claims being resolved through the proposed settlement; (d) Plaintiff appears to be capable of fairly and adequately protecting the interests of the Settlement Class Members in connection with the proposed settlement; (e) Common questions of law and fact appear to predominate over any questions affecting only individual memberspersons in the Settlement Class. Accordingly, the Settlement Class appears to be sufficiently cohesive to warrant settlement by representation; and and (f) a class action and class settlement is Certification of the Settlement Class appears to be superior to other available methods available for a the fair and efficient resolution of this Litigationthe claims of the Settlement Class.

Appears in 1 contract

Sources: Settlement Agreement

Class Certification for Settlement Purposes Only. The Settlement Agreement provides for For settlement purposes only and pursuant to Federal Rule of Civil Procedure 23(b)(3) and (e), the Court provisionally certifies a Settlement Class class in this matter defined as follows: All individuals in residents of the United States whose Private Information was compromised in who made a credit or debit card purchase at any Affected Restaurant during the Builders Mutual period of the Data Security Incident that occurred in December 2022Breach Incident. Specifically excluded from the The Settlement Class are: 1 All defined terms in this Order Granting Preliminary Approval of Class Action Settlement specifically excludes: (“Preliminary Approval Order”i) have the same meaning as set forth in the Settlement Agreement, unless otherwise indicated. (1) the judges presiding over this Action, Checkers and members of their direct familiesits officers and directors; (2ii) 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) all Settlement Class Members who submit timely and validly request exclusion from the Settlement Class; (iii) the Judge or Magistrate Judge to whom the action is assigned and, any member of those Judges’ staffs or immediate family members; and (iv) any other person found by a valid Request for Exclusion prior court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the Opt-Out Deadline. Pursuant criminal activity or occurrence of the Data Breach Incident or who pleads nolo contendere to Federal Rules of Civil Procedure 23(e)(1), the Court finds that giving notice is justifiedany such charge. The Court finds that it will likely be able to approve the proposed Settlement as fairprovisionally finds, 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 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 Representative Plaintiffs 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 Representative Plaintiffs and Settlement Class Representatives Counsel will fairly and adequately protect the interests of the Settlement Class as the Class Representatives Representative Plaintiffs have no interests antagonistic to or in conflict with the Settlement Class and have retained experienced and competent counsel to prosecute this Litigation 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 Litigationcontroversy.

Appears in 1 contract

Sources: Settlement Agreement

Class Certification for Settlement Purposes Only. The Settlement Agreement provides for a Settlement Class defined as follows: All individuals residing in the United States whose Private Information was compromised whom Defendants identified as having data at issue in the Builders Mutual Data Security Incident that occurred in December 2022. Specifically excluded from the Settlement Class are:Incident. 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. . Excluded from the Settlement Class are (1i) the judges presiding over this ActionPTW, its officers and members of their direct familiesdirectors; (2ii) the DefendantsMAWC, 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 its officers and directors employeesdirectors; and (3iii) all Settlement Class Members who submit timely and validly request exclusion from the Settlement Class; (iii) any judges assigned to this case and their staff and family; and (iv) any other person found by a valid Request for Exclusion prior court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the Opt-Out Deadlinecriminal activity occurrence of the Security Incident or who pleads nolo contendere to any such charge. Pursuant to Federal Rules of Civil Procedure 23(e)(1)Fed. R. Civ. P. 23, the Court finds that giving notice to the Settlement Class 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)23. Specifically, the Court provisionally 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 Settlement Class Representatives are typical of and arise from the same operative facts typical, and the Settlement Class Representatives seek similar relief as the claims of the Settlement Class Members; (d) the Settlement 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.

Appears in 1 contract

Sources: Settlement Agreement

Class Certification for Settlement Purposes Only. The Settlement Agreement provides for a Settlement Class defined as follows: All persons who were sent a notice of the Data Incident by Lower, LLC identifying them as individuals in potentially affected by the United States whose Private Information was compromised in the Builders Mutual Data Security Incident that occurred in December 2022Incident. Specifically excluded from the Settlement Class are: 1 All defined terms in this Order Granting Preliminary Approval of Class Action Settlement (“Preliminary Approval Order”a) have the same meaning as set forth in the Settlement Agreementofficers, unless otherwise indicated. (1) the judges presiding over this Actiondirectors, and trustees of the Defendant; (b) all judges and their staff assigned to this case and any members of their direct immediate families; (2c) the Defendants, their subsidiaries, parent companies, successors, predecessors, and any entity mediator; (d) the Parties’ counsel in which the Defendants or their parents have a controlling interest and their current or former officers and directors employeesthis Litigation; and (3e) all Settlement Class Members who submit a valid Request for Exclusion prior to timely opt-out of the Opt-Out DeadlineSettlement. 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 Representative 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.

Appears in 1 contract

Sources: Settlement Agreement

Class Certification for Settlement Purposes Only. The For purposes of the Settlement Agreement provides for and pursuant to this Final Approval Order and Federal Rules of Civil Procedure 23(b)(3) and (e), the Court certifies a Settlement Class class in this matter defined as follows: All individuals in residents of the United States whose Private Information was compromised in who made a credit or debit card purchase at any Affected Restaurant during the Builders Mutual period of the Data Security Incident that occurred in December 2022Breach Incident. Specifically excluded from the The Settlement Class are: 1 All defined terms in this Order Granting Preliminary Approval of Class Action Settlement specifically excludes: (“Preliminary Approval Order”i) have the same meaning as set forth in the Settlement Agreement, unless otherwise indicated. (1) the judges presiding over this Action, Checkers and members of their direct familiesits officers and directors; (2ii) 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) all Settlement Class Members who submit timely and validly request exclusion from the Settlement Class; (iii) the Judge or Magistrate Judge to whom the action is assigned and, any member of those Judges’ staffs or immediate family members; and (iv) any other person found by a valid Request for Exclusion prior court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the Opt-Out Deadline. Pursuant criminal activity or occurrence of the Data Breach Incident or who pleads nolo contendere to Federal Rules of Civil Procedure 23(e)(1), the Court finds that giving notice is justifiedany such charge. The Court finds that it will likely be able to approve the proposed Settlement as fairfinds, 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 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 Representative Plaintiffs 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 Representative Plaintiffs and Settlement Class Representatives Counsel will fairly and adequately protect the interests of the Settlement Class as the Class Representatives Representative Plaintiffs have no interests antagonistic to or in conflict with the Settlement Class and have retained experienced and competent counsel to prosecute this Litigation 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 Litigationcontroversy.

Appears in 1 contract

Sources: Settlement Agreement

Class Certification for Settlement Purposes Only. The Settlement Agreement provides for a Settlement Class defined as follows: All individuals persons who reside in the United States whose and were mailed written notification by Trussway Manufacturing LLC (“Trussway”) that their Private Information was compromised in potentially accessed, viewed, and/or obtained as a result of the Builders Mutual Data Security Incident that which occurred in December 2022between March 7, 2023 and April 1, 2023. 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.. Specifically excluded from the Settlement Class are: (1i) Trussway, the judges presiding over this ActionRelated Entities, and members of their direct familiesofficers and directors; (2ii) 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) all Settlement Class Members who submit timely and validly request exclusion from the Settlement Class; (iii) any judges assigned to this case and their staff and family; and (iv) any other Person found by a valid Request for Exclusion prior court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the Opt-Out Deadlinecriminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge. 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 seeks 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 has 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.

Appears in 1 contract

Sources: Settlement Agreement

Class Certification for Settlement Purposes Only. The Settlement Agreement provides for For settlement purposes only, the Court provisionally certifies a Settlement Class in this matter defined as follows: All individuals in the United States who utilized IvyRehab’s services whose Private Information private information was maintained on IvyRehab’s system, which was compromised in a cybersecurity incident announced by IvyRehab on or about November 26, 2019 (the Builders Mutual Data Security Incident that occurred in December 2022Incident”). Specifically excluded from the Settlement Class are: 1 All defined Unless otherwise indicated, capitalized terms in this Order Granting Preliminary Approval of Class Action Settlement (“Preliminary Approval Order”) used herein have the same meaning as set forth they are assigned in the Settlement Agreement. The Settlement Class specifically excludes: (i) Defendant’s officers, unless otherwise indicated. directors, and employees; (1ii) any entity in which Defendant has a controlling interest; (iii) the judges presiding over affiliates, legal representatives, attorneys, successors, heirs, and assigns of Defendant; and (iv) members of the judiciary to whom this Actioncase is assigned, their families 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 justifiedstaff. The Court finds that it will likely be able to approve the proposed Settlement as fairprovisionally finds, 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 purpose 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 Settlement 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 Settlement Class Representatives and Settlement Class Counsel will fairly and adequately protect the interests of the Settlement Class as the Settlement 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 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 Litigationcontroversy.

Appears in 1 contract

Sources: Settlement Agreement

Class Certification for Settlement Purposes Only. The Settlement Agreement provides for a Settlement Class defined as follows: All individuals who reside in the United States whose Private Information was compromised who: (i) had private health information exposed in the Builders Mutual Data Security Incident that occurred Cyberattack involving Defendants; and (ii) was sent notification of the Cyberattack from AMM or was subject to the notice published in December 2022. Specifically excluded from the Settlement Class are:media and on AMM’s website. 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. . Excluded from the Settlement Class are (1a) the judges presiding over this Actionofficers, directors, trustees, and employees of AMM; (b) all judges and their staffs assigned to this case and any members of their direct immediate families; (2c) the Defendants, their subsidiaries, parent companies, successors, predecessors, and Mediator; (d) any entity experts retained in which the Defendants or their parents have a controlling interest and their current or former officers and directors employeesActions by the parties; and (3e) the Parties’ counsel in the Actions. It is estimated that there are 319,485 persons potentially in the Settlement Class Members who submit a valid Request for Exclusion prior to the Opt-Out DeadlineClass. 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 Representative 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.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Class Certification for Settlement Purposes Only. The Settlement Agreement provides for For settlement purposes only and pursuant to Georgia Code Section 9-11-23, the Court provisionally certifies a Settlement Class in this matter defined as follows: All individuals in the United States persons whose Private Personal Information was compromised in as a result of the Builders Mutual Data Security Incident Breach and/or were notified by or on behalf of Gas South and/or were intended to be notified by or on behalf of Gas South that occurred in December 2022their Personal Information was compromised as a result of the Data Breach. Specifically excluded from the The Settlement Class are: 1 All defined terms in this Order Granting Preliminary Approval of includes approximately 38,674 people. The Settlement Class Action Settlement specifically excludes: (“Preliminary Approval Order”i) have the same meaning as set forth in the Settlement Agreement, unless otherwise indicated. (1) the judges presiding over this Action, Gas South and members of their direct familiesits officers and directors; (2ii) 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) all Settlement Class Members who submit timely and validly request exclusion from the Settlement Class; (iii) the Judge assigned to evaluate the fairness of this settlement; and (iv) any other Person found by a valid Request for Exclusion prior court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity pertaining to the Opt-Out DeadlineData Breach or who pleads nolo contendere to any such charge. Pursuant to Federal Rules of Civil Procedure 23(e)(1Georgia Code Section 9-11-23(a), the Court finds that giving notice is justified. The Court finds that it will likely be able to approve the proposed Settlement as fairprovisionally finds, 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 only, that: (a1) the Settlement Class is so numerous that joinder of all Settlement Class Members would be impracticable; (b2) there are issues of law and fact that are common to the Settlement Class; (c3) the claims of the Class Representatives Representative Plaintiffs 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; and (d4) the Representative Plaintiffs and Settlement Class Representatives Counsel will fairly and adequately protect the interests of the Settlement Class as the Class Representatives Representative Plaintiffs have no interests interest antagonistic to or 1 Unless otherwise indicated, capitalized terms used herein have the same meaning as in the Settlement Agreement. in conflict with the Settlement Class and have retained experienced and competent counsel to prosecute this Litigation matter on behalf of the Settlement Class. Pursuant to Georgia Code Section 9-11- 23(b), the Court finds that (1) the prosecution of separate actions by individual members of the Settlement Class would create a risk of inconsistent or varying adjudications with respect to individual members of the Settlement Class and would establish incompatible standards of conduct for Defendant; and (e2) questions of law or fact common to Settlement Class Members predominate over any questions affecting only individual members; members and (f) a class action and class settlement is superior to other methods available for a fair and efficient resolution of this Litigationcontroversy.

Appears in 1 contract

Sources: Settlement Agreement

Class Certification for Settlement Purposes Only. The Settlement Agreement provides for a Settlement Class defined as follows: All individuals in to whom Defendant sent notice of the United States whose Private Information was compromised in the Builders Mutual Data Security Incident that occurred in December on or around August 5, 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”i) have all Persons who timely and validly request exclusion from the same meaning as set forth in the Settlement Agreement, unless otherwise indicated. Class; (1ii) the judges presiding over Judge assigned to evaluate the fairness of 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 employeesSettlement; and (3iii) Settlement Class Members 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 Data Incident or who submit a valid Request for Exclusion prior pleads nolo contendere to the Opt-Out Deadlineany such charge. 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 Agreement 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.

Appears in 1 contract

Sources: Settlement Agreement

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. The Class consists of approximately 28,981 persons. Persons who provided their information to DePauw University as a condition of their employment (current and former employees) shall be known as the “Employee Group. (1) the judges presiding over this Action” Persons who provided their information to DePauw University as students, prospective students, former students, and the parents of current, prospective, and former students shall be known as the “Student Group.” Specifically excluded from the Settlement Class are (i) DePauw University; (ii) all members of their direct families; (2) the Defendants, their subsidiaries, parent companies, successors, predecessors, Settlement Class who timely and any entity in which validly request exclusion from the Defendants or their parents have a controlling interest and their current or former officers and directors employeesSettlement Class; and (3iii) Settlement Class Members who submit a valid Request for Exclusion prior the Judge and Magistrate Judge assigned to evaluate the Opt-Out Deadlinefairness of this settlement as well as their court staff and immediate family. Pursuant to Federal Rules of Civil Procedure 23(e)(1)Indiana Trial Rule 23, 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 Indiana Trial Rule 23(a) and the requirements of Rule 23(b)(3)23. 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 Representative 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.

Appears in 1 contract

Sources: Settlement Agreement

Class Certification for Settlement Purposes Only. The Settlement Agreement provides for a Settlement Class defined as follows: All individuals 61,072 persons whose PII was potentially compromised as a result of the Cyber- Attack that Advent Health Partners discovered in September 2021 and who were sent written notice of 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:Breach. 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.. Specifically excluded from the Settlement Class are: (1i) Advent Health, the judges presiding Related Entities, and their officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) any members of the judiciary who are or have presided over this Action, the instant Action and members of their direct families; (2) the Defendants, their subsidiaries, parent companies, successors, predecessors, families and any entity in which the Defendants or their parents have a controlling interest and their current or former officers and directors employeesstaffs; and (3iv) Settlement Class Members 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 Data Breach or who submit a valid Request for Exclusion prior pleads nolo contendere to the Opt-Out Deadlineany such charge. 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 Representative are typical of and arise from the same operative facts and the Class Representatives seek Representative seeks similar relief as the claims of the Settlement Class Members; (d) the Class Representatives Representative will fairly and adequately protect the interests of the Settlement Class as the Class Representatives have Representative has no interests antagonistic to or in conflict with the Settlement Class and have has retained experienced and competent counsel to prosecute this Litigation Action 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 LitigationAction.

Appears in 1 contract

Sources: Settlement Agreement

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 or potentially compromised in the Builders Mutual Data Security Incident that occurred in December 2022. Specifically excluded from the Settlement Class are:Incident. 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.. Specifically excluded from the Settlement Class are: (1) the judges judge presiding over this Action, and members of their direct families; (2) the DefendantsDefendant, their its subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendants Defendant or their its parents have a controlling interest and their current or former officers officers, directors, 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 Representative 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.

Appears in 1 contract

Sources: Settlement Agreement

Class Certification for Settlement Purposes Only. The Settlement Agreement 7 provides for a Settlement Class defined as follows: 8 All individuals in within the United States whose Private Information name and payment card information was compromised in potentially exposed to unauthorized third-parties as a result of the Builders Mutual Data Security Incident 9 that occurred in December 2022. Specifically excluded between approximately February to October of 2021.. 10 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 is any judge 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 Litigation and their current or former officers first-degree relatives, judicial staff and directors employees; persons who timely and (3) validly request exclusion from the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ Settlement Class Members who submit a valid Request for Exclusion prior to the Opt-Out DeadlineClass. 13 Pursuant to Federal Rules of Civil Procedure Rule 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, reasonable and adequate. The Court also finds that it will likely be able to certify the Settlement Class and California Subclass for purposes of judgment on the Settlement only because it meets all of they meet the requirements of Rule 23(a) and the requirements of Rule 23(b)(3). Specifically, the Court finds for settlement purposes only that: 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 Representative Plaintiff are typical of and arise from the same operative facts and the Class Representatives seek Representative Plaintiff seeks similar relief as the claims of the Settlement Class Members; , (d) the Class Representatives Representative Plaintiff will fairly and adequately protect the interests of the Settlement Class as the Class Representatives have Representative Plaintiff has no interests interest antagonistic to or in 24 conflict with the Settlement Class and have has 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 Litigationmembers and 28 1 All defined terms herein have the same meaning as set forth in the Settlement Agreement.

Appears in 1 contract

Sources: Class Settlement Agreement

Class Certification for Settlement Purposes Only. The Settlement Agreement provides for for: (i) a Settlement Class consisting of individuals to whom Defendant Order Express, Inc. (“Order Express”) sent notice of the Ransomware Attack that Order Express announced on or around December 15, 2022, 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 Excluded from the Settlement Class are: : (1) the Judge and Magistrate Judge presiding over the Lawsuits, any members of the Judges’ respective staffs, and immediate members of the Judges’ 1 All defined capitalized terms in this Order Granting Preliminary Approval of Class Action Settlement (“Preliminary Approval Order”) herein have the same meaning definitions as set forth in the Settlement Agreement, unless otherwise indicated. (1) the judges presiding over this Action, and members of their direct . respective families; (2) officers, directors, members and shareholders of Order Express; (3) persons who timely and validly request exclusion from and/or opt-out of the Defendants, their subsidiaries, parent companies, successors, predecessors, Settlement Class and the successors and assigns of any entity in which the Defendants or their parents have a controlling interest and their current or former officers and directors employeessuch excluded persons; and (34) Settlement Class Members any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity or occurrence of the Ransomware Attack or who submit a valid Request for Exclusion prior pleads nolo contendere to the Opt-Out Deadlineany such charge. 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 settlement 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 Representative Plaintiff 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 Representative Plaintiff will fairly and adequately protect the interests of the Settlement Class as the Class Representatives have Representative Plaintiff has no interests antagonistic to or in conflict with the Settlement Class and have has retained experienced and competent counsel to prosecute this Litigation 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 Litigationcontroversy.

Appears in 1 contract

Sources: Settlement Agreement

Class Certification for Settlement Purposes Only. The Settlement Agreement provides for a Settlement Class defined as follows: All individuals in the United States persons whose Private Information personal identifying information and/or protected health information was potentially compromised in the Builders Mutual Data Security Incident that occurred in December April 2022, and who received notice from ACTS of that Data Security Incident. 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. (1i) ACTS; (ii) the judges presiding over this Action, and members of their direct familiesRelated Entities; (2iii) 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) all Settlement Class Members who submit timely and validly request exclusion from the Settlement Class; (iv) any judges assigned to this case and their staff and family; and (v) any other Person found by a valid Request for Exclusion prior court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the Opt-Out Deadlinecriminal activity occurrence of the Data Security Incident or who pleads nolo contendere to any such charge. 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 Representative are typical of and arise from the same operative facts and the Class Representatives seek Representative seeks similar relief as the claims of the Settlement Class Members; (d) the Class Representatives Representative will fairly and adequately protect the interests of the Settlement Class as the Class Representatives have Representative has no interests antagonistic to or in conflict with the Settlement Class and have has 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.

Appears in 1 contract

Sources: Settlement Agreement

Class Certification for Settlement Purposes Only. The Settlement Agreement provides for a Settlement Class defined as follows: All individuals residing in the United States whose Private Information personal information was compromised accessed as a result of cybersecurity incident Defendant experienced in the Builders Mutual Data or around January 2025 (“Security Incident that occurred in December 2022Incident”). Specifically excluded Excluded from the Settlement Class are: are (i) Defendant, its officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) any judges assigned to this case 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 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) . criminal activity occurrence of the judges presiding over this Action, and members of their direct families; (2) the Defendants, their subsidiaries, parent companies, successors, predecessors, and Security Incident or who pleads nolo contendere to 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 Deadlinesuch charge. Pursuant to Federal Rules Florida Rule of Civil Procedure 23(e)(11.220(e), the Court finds that giving notice to the Settlement Class 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)1.220. Specifically, the Court provisionally 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 Settlement Class Representatives Representative are typical of and arise from the same operative facts typical, and the Settlement Class Representatives seek Representative seeks similar relief as the claims of the Settlement Class Members; (d) the Settlement Class Representatives Representative 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.

Appears in 1 contract

Sources: Settlement Agreement