Conditional Certification of Class Clause Samples

The Conditional Certification of Class clause establishes the criteria and process by which a court may provisionally certify a group of plaintiffs as a class in a class action lawsuit. Typically, this clause allows the court to grant certification on a preliminary basis, subject to later review, once certain threshold requirements—such as numerosity, commonality, and adequacy of representation—are met. For example, the court may conditionally certify a class to facilitate notice to potential class members and allow discovery to proceed, with the understanding that certification can be revisited if new facts emerge. This clause serves to streamline the litigation process by enabling efficient management of class actions while preserving the court’s ability to reassess the appropriateness of class status as the case develops.
Conditional Certification of Class. For Settlement purposes only, and without any finding or admission of any wrongdoing or fault by Defendant, and solely pursuant to the terms of this Agreement, the Parties consent to and agree to the establishment of a conditional certification of the Settlement Class, pursuant to Federal Rule of Civil Procedure 23(b)(3).
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Conditional Certification of Class. For Settlement purposes only, and without any finding or admission of any wrongdoing or fault by Defendant, and solely pursuant to the terms of this Agreement, the Parties consent to and agree to the establishment of a conditional certification of the Settlement Class. This certification is conditional on the Court’s approval of this Agreement. In the event the Court does not approve all material terms of the Agreement, or if the Agreement is voluntarily or involuntarily terminated for any reason, then certification of the Settlement Class shall be void and this Agreement and all orders entered in connection therewith, including but not limited to any order conditionally certifying the Settlement Class, shall become null and void and shall be of no further force and effect and shall not be used or referred to for any purposes whatsoever in the Action or in any other case or controversy. And, in such an event, this Agreement and all negotiations and proceedings related thereto shall be deemed to be without prejudice to the rights of any and all Parties hereto, who shall be restored to their respective positions as of the date of this Agreement, and Defendant has not and shall not be deemed to have waived any opposition or defenses it has to any aspect of the claims asserted herein or to whether those claims are amenable to class-based treatment. In addition, in such an event, Plaintiff ▇▇▇▇▇▇▇▇▇ may re-file the ▇▇▇▇▇▇▇▇▇ action within 30 days, and, if Plaintiff ▇▇▇▇▇▇▇▇▇ does so, the Parties agree that that re- filed action shall be treated as though it was filed as of the initial filing date of the ▇▇▇▇▇▇▇▇▇ action for all purposes, including for purposes of any statute of limitation defense as to Plaintiff’s claims and as to the claims of any unnamed putative class members. Defendant supports certification of the Settlement Class for settlement purposes only. In the event the Settlement is not preliminarily approved, the Parties agree to resume settlement discussions in good faith for at least 21 days. If after 21 days the Parties have not agreed to amended settlement terms, then all pre-trial and trial deadlines and dates shall be reset by the Court. The Parties agree to provide the Court with a proposed schedule within 21 days after an order of the Court denying preliminary approval.
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Conditional Certification of Class. For Settlement purposes only, and without any finding or admission of any wrongdoing or fault by Defendant, and solely pursuant to the terms of this Agreement, the Parties consent to and agree to the establishment of a conditional certification of the nationwide Settlement Class, pursuant to California Civil Code § 382.
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Conditional Certification of Class. For Settlement purposes only, and without any finding or admission of any wrongdoing or fault by Defendant, and solely pursuant to the terms of this Agreement, the Parties consent to and agree to the establishment of a conditional certification of the Settlement Class, and specifically the Georgia, Florida, New Jersey New York, and California Settlement Subclasses, pursuant to O.C.G.A. § 9-11-23. This certification for settlement DocuSign Envelope ID: 6E3CCFD2-B3F3-4E95-AE7C-F5E417312631 purposes only is conditional on the Court’s final approval of this Agreement. In the event the Court does not approve all terms of the Agreement and enter the Final Approval Order, or if the Agreement is voluntarily or involuntarily terminated for any reason, then certification of the Settlement Class shall be void and this Agreement and all orders entered in connection therewith, including but not limited to any order conditionally certifying the Settlement Class, shall become null and void and shall be of no further force and effect and shall not be used or referred to for any purposes whatsoever in the Action or in any other case or controversy. And, in such an event, this Agreement and all negotiations and proceedings related thereto shall be deemed to be without prejudice to the rights of any and all parties hereto, who shall be restored to their respective positions as of the date of this Agreement, and Defendant shall not be deemed to have waived any opposition or defenses it has to any aspect of the claims asserted herein or to whether those claims are amenable to class-based treatment.
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Conditional Certification of Class. For purposes of the settlement only, the Court conditionally certifies the Settlement Class, which consists of all individuals over the age of 18 who reside in the United States and purchased the Product in the State of New York between July 1, 2011 and May 31, 2017. Excluded from the Class are: (1) the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇. Chen, the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇. Levy, mediator ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, mediator ▇▇▇▇▇▇▇ ▇▇▇▇▇, Esq., and any member of their immediate families; (2) any of Costco’s and Nice-Pak’s officers, directors, employees, or legal representatives; (3) Product purchases that have already been refunded or voided by Costco, Nice- Pak, or any other retailer; (4) Product purchases that were made for the purpose of resale, including purchases made by Costco business or commercial members; and (5) any person who timely opts out of the Settlement Class.
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Conditional Certification of Class. Solely for the purposes of settlement, providing Class Notice, and implementing this Settlement Agreement, the Parties agree to conditional certification of the Class as defined in paragraph 4, which shall be certified for settlement purposes only.
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Related to Conditional Certification of Class

  • Additional Certifications Any certificate signed by any director or officer of the Corporation and delivered to an Agent or to counsel for such Agent in connection with an offering of Notes or the sale of Notes to an Agent as principal shall be deemed a representation and warranty by the Corporation to such Agent as to the matters covered thereby on the date of such certificate and at each Representation Date subsequent thereto.

  • Provisional Certificate 12.2.1 Subject to the provisions of Clause 12.2.5, upon completion of all Works forming part of the Project Highway, save and except the Works for which Time Extension has been granted under Clause 10.5, the Authority’s Engineer shall, at the request of the Contractor, issue a provisional certificate of completion substantially in the form set forth in Schedule-L (the “Provisional Certificate”) if the Tests for and in respect of the completed Works are successful. The Provisional Certificate shall have appended thereto a list of outstanding items of work (the “Punch List”) that need to be completed in accordance with the provisions of this Agreement. The Contractor undertakes to complete the minor outstanding items of works in respect of those Sections of the Project Highway for which the Provisional Certificate has been issued, within a period of 30 (thirty) days of the date of Provisional Certificate, and those parts of the Works in respect of which Time Extension has been granted, within the extended period thereof. For the avoidance of doubt, the Parties agree that the Punch List shall include all Works for which Time Extension has been granted and shall also include any minor outstanding items of work forming part of the completed Sections if such works do not materially affect the use of the completed Sections for their intended purpose. The Parties further agree that Provisional Certificate shall not be issued if the completed Works can not be safely and reliably placed in service of the Users thereof. 12.2.2 Upon issue of Provisional Certificate, the provisions of Articles 14 and 17 shall apply to the completed parts of the Project Highway and the property and ownership of all such completed Works shall vest in the Authority. 12.2.3 If the Authority’s Engineer determines that the Project Highway or any completed part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Contractor and withhold issuance of the Provisional Certificate until the Defects or deficiencies are rectified by the Contractor and Tests are successful in accordance with this Article 12. 12.2.4 Notwithstanding anything to the contrary contained in Clause 12.2.3, the Authority may, at any time after receiving a report from the Authority’s Engineer under that ▇▇▇▇▇▇, direct the Authority’s Engineer to issue a Provisional Certificate under Clause 12.2.1 and such direction shall be complied forthwith. 12.2.5 No Provisional Certificate shall be issued under the provisions of this Clause 12.2 until the Contractor has submitted valid claims for payment of at least 80% (eighty per cent) of the amount arrived at after reducing the lump sum price specified in Clause 19.1.1 by the amount attributable to works which have been withdrawn under the provisions of Clause 8.3.3. For the avoidance of doubt and by way of illustration, the Parties agree that if the Contract Price specified in Clause 19.1.1 is Rs. 105 cr. (Rs. one hundred and five crore) and the works withdrawn under Clause 8.3.3 have a value of Rs. 5 cr. (Rs. five crore), a Provisional Certificate shall not be issued until valid claims for payment of an amount of Rs. 80 cr. (Rs. eighty crore) have been submitted by the Contractor in accordance with the provisions of this Agreement. It is further agreed that all price adjustments made in pursuance of Clause 19.10 shall not be reckoned for computation of the claims for payments referred to in this Clause 12.2.5.

  • Class Certification Solely for the purposes of this Settlement, the Parties stipulate and agree to certification of the claims asserted on behalf of Class Members. As such, the Parties stipulate and agree that in order for this Settlement to occur, the Court must certify the Class as defined in this Agreement.