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

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) Named plaintiff WANLAND & ASSOCIATES, INC. is designated as Class Representative.

Class Certification for Settlement Purposes Only. Pursuant to Fed. R. Civ. P. 23(b)(3), the Court, The Settlement Agreement provides for settlement purposes only, a Settlement Class defined as follows: The individuals in the exercise United States who Progressive identified as potentially having their personal information viewed by an unauthorized individual because of its discretion conditionally certifies a class (the “Settlement Class”) consisting security event experienced by TTEC, one of (unless otherwise specifiedProgressive’s third-party call center vendors, all capitalized from May 2021 to May 2023. 1 All defined terms used below shall in this Preliminary Approval Order have the same meaning ascribed to them as set forth 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, INCunless otherwise indicated. 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. 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 are for purposes of judgment on the presiding judges in each Settlement because it meets all of the New Jersey Federal Actionrequirements of Rule 23(a) and the requirements of Rule 23(b)(3). Specifically, 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. Court finds for settlement purposes that: (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 is so numerous that joinder of all members is impracticable; (2) The Settlement Class satisfies Fed. R. Civ. P. 23(a)(2Members would be impracticable; (b) because there appear are issues of law and fact that are common to be 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 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 Members predominate over any questions affecting only individual Settlement Class members members; and because (f) a class action and class settlement with the Settlement Class appears to be is superior to other methods available methods for the a fair and efficient resolution of the claims of the Classthis Litigation. (b) Named plaintiff WANLAND & ASSOCIATES, INC. is designated as Class Representative.

Class Certification for Settlement Purposes Only. 15 (a) Pursuant to Fed. R. Civ. P. The Federal Rules of Civil Procedure 23(b)(2), 16 23(b)(3), and 23(e), the Court, for settlement purposes only, in the exercise of its discretion conditionally certifies a 17 class (the “Settlement Class”) consisting of (unless otherwise specified, all capitalized terms used below shall have the meaning ascribed to them individuals 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 California who purchased one or more Matrix boxesunits of 18 Select Series Pro Formula Rabbit Food, Matrix SoHo boxesfor which the packaging contained a 19 representation which stated: “Contains No Corn” between January 30, or other network equipment provided by NORVERGENCE2014 to May 20 14, INC2019. Excluded The Plaintiff Settlement Class does not include any persons who validly 21 request exclusion 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 aboveClass. 22 (ab) In connection with the certification, the Court makes the following 23 preliminary findings: 24 (1) The Settlement Class satisfies Fed. R. Civ. P. 23(a)(1Federal Rule of Civil Procedure 23 (a) 25 because the Class appears to be so numerous that joinder of all members is 26 impracticable; 27 (2) The Settlement Class satisfies Fed. R. Civ. P. 23(a)(2Federal Rule of Civil Procedure 23(a) 28 because there appear to be questions of law or fact common to the Class; 1 (3) The Settlement Class satisfies Fed. R. Civ. P. 23(a)(3Federal Rule of Civil Procedure 23 (a) 2 because the claims of the plaintiff named plaintiff WANLAND & ASSOCIATES, INC. in the caption appear to be typical of the 3 claims being resolved through the proposed settlement; 4 (4) The Settlement Class satisfies Fed. R. Civ. P. 23(a)(4Federal Rule of Civil Procedure 23 (a) 5 because the named plaintiff WANLAND & ASSOCIATES, INC. appears to be capable of fairly and adequately protecting 6 the interests of the Settlement above-described Class in connection with the proposed Settlement settlement 7 and because counsel representing the Class – ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇▇ LLP, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP, and ▇▇▇▇▇▇▇▇▇ Hafron ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ – are qualified, competent and capable of 8 prosecuting this action on behalf of the Settlement Class. 9 (5) The Settlement Class satisfies the requirements of Fed. R. Civ. P. Federal Rule of Civil 10 Procedure 23(b)(3) because because, for purposes of settlement approval and administration, 11 common questions of law and fact appear to predominate over questions affecting 12 only individual Settlement Class members Members and because settlement with the Settlement above-described Class 13 appears to be superior to other available methods for the fair and efficient resolution 14 of the claims of the Class. The Class appears to be sufficiently cohesive to warrant 15 settlement by representation. 16 (bc) Named plaintiff WANLAND & ASSOCIATESIn making the foregoing findings, INCthe Court has exercised its 17 discretion in conditionally certifying a settlement class. is 18 (d) ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇, and ▇▇▇▇▇▇▇ 19 ▇▇▇▇▇▇▇▇▇ are hereby designated as Class RepresentativeRepresentatives.

Class Certification for Settlement Purposes Only. (a) 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 “following Settlement Class”) consisting of (unless otherwise specified: All persons with Michigan street addresses who received a subscription to Rolling Stone, all capitalized terms used below shall have the meaning ascribed to them in the Settlement Agreement): All personsMen’s Journal, including businesses, in the United States of America or Us Weekly and its territories who, were subscribers between January 1, 2001 2010, and June 30December 31, 20042011. The Settlement Class includes Direct Subscriber Subclass Members and Indirect Subscriber Subclass Members as defined in Paragraphs 1.04 and 1.09 of the Agreement. The Settlement Class does not include Defendant, entered into a written agreement with NORVERGENCEany affiliate, INC. for the lease of one or more Matrix boxes, Matrix SoHo boxesparent, or other network equipment provided by NORVERGENCEdirect or indirect subsidiary, INCor any entity that has a controlling interest therein, or their current or former directors, officers, managers, employees, partners, advisors, counsel, and their immediate families. Excluded The Settlement Class also does not include any persons who validly request exclusion 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 aboveClass. (ab) In connection with the certification, the Court makes the following preliminary findings: (1) The Settlement Class satisfies Fed. R. Civ. P. 23(a)(1) because the Settlement 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 Settlement Class; (3) The Settlement Class satisfies Fed. R. Civ. P. 23(a)(3) because the claims of the Representative Plaintiffs named plaintiff WANLAND & ASSOCIATES, INC. in the caption 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 the Representative Plaintiffs appear to be capable of fairly and adequately protecting the interests of the above-described Settlement Class in connection with the proposed Settlement settlement and because counsel representing the Settlement Class – ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇▇ LLP, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP, and ▇▇▇▇▇▇▇▇▇ Hafron ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ – are qualified, competent 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 because, for purposes of settlement approval and administration, common questions of law and fact appear to predominate over questions affecting only individual Settlement Class members Members and because settlement with the above-described Settlement Class appears to be superior to other available methods for the fair and efficient resolution of the claims of the Settlement Class. The Settlement Class appears to be sufficiently cohesive to warrant settlement by representation. (bc) Named plaintiff WANLAND & ASSOCIATESIn making the foregoing findings, INC. is designated as Class Representativethe Court has exercised its discretion in conditionally certifying a settlement class.