Conditional Certification of the Settlement Class Sample Clauses

Conditional Certification of the Settlement Class. 3.1 The Parties agree that the ▇▇▇▇▇▇▇ Action, the ▇▇▇▇▇▇ Action, the ▇▇▇▇▇ Action, the ▇▇▇▇▇ Action, and the ▇▇▇▇ Action may each be certified as class actions under Fed. R. Civ. P. 23(a) and (b)(3) in accordance with the terms of this Agreement and without prejudice to NAPG’s right to contest class certification in the event that this Agreement fails to become effective or is not fully implemented in accordance with its terms. The Parties agree that, in order to effectuate the Settlement and class certification, it may be necessary for the Parties to transfer the ▇▇▇▇▇▇ Action, the ▇▇▇▇▇ Action, the ▇▇▇▇▇ Action, and the ▇▇▇▇ Action such that those actions are before the same judge and in the same Court as the ▇▇▇▇▇▇▇ Action. The Parties agree that, in order to effectuate the Settlement and class certification, it may be necessary for the Parties to consolidate the ▇▇▇▇▇▇ Action, the ▇▇▇▇▇ Action, the ▇▇▇▇▇ Action, and the ▇▇▇▇ Action with and into the ▇▇▇▇▇▇▇ Action. If the Settlement is not approved or this Agreement fails to be fully implemented, NAPG reserves all rights to object to any subsequent motion to certify a class in this or any other lawsuit and no representation or concession made in connection with the Settlement or this Agreement shall be considered law of the case or an admission by NAPG or to have any kind of preclusive effect against NAPG or to give rise to any form of estoppel or waiver by NAPG in these actions or any other proceeding. 3.2 NAPG expressly denies any and all liability and/or wrongdoing with respect to any and all of the claims alleged in these lawsuits and any similar lawsuits and enters into this Settlement solely to compromise a disputed claim. Accordingly, any references to the alleged business practices of NAPG in this Settlement, this Agreement or the related Court hearings and processes shall raise no inference respecting the propriety of those business practices or any other business practices of NAPG.

Conditional Certification of the Settlement Class. Solely for the purposes of settlement, providing Class Notice and implementing this Agreement, the Parties agree to conditional certification of the Settlement Class in the Action for settlement purposes only. If the Settlement is not finalized or finally approved by the Court for any reason whatsoever, then the certification of the Settlement Class is voidable by any party, and no doctrine of waiver, estoppel or preclusion will be asserted in any litigated certification proceedings in the Action. No agreements, documents or statements made by or entered into by any of the Parties in connection with the Settlement may be used by Plaintiff, any person in the proposed Settlement Class, MOHELA or any other person to establish liability, any defense and/or any of the elements of class certification, whether in the Action or in any other proceeding.

Conditional Certification of the Settlement Class. 1. Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement and Conditionally Certifying Settlement Class for Settlement Purposes Only is GRANTED. The terms defined in the Settlement shall have the same meaning in this Order. 2. Having made the finding set forth below, the Court conditionally certifies the following Nationwide Settlement Class and California Settlement Subclass (collectively, the “Settlement Class”) for settlement purposes only: The Nationwide Settlement Class: All natural persons residing in the United States whose Personal Information was exposed to an unauthorized party as a result of the Data Incident.

Conditional Certification of the Settlement Class. 44. For settlement purposes only, Plaintiffs shall ask the Court to certify the following “Settlement Class” under Fed. R. Civ. P. 23(b)(3) and 23(e): All current and former holders of a TD Bank, N.A. Cash Secured Credit Card (a) who opened their TD Cash Secured Credit Card after May 19, 2015 and before January 18, 2022, and (b) who, through the date of Preliminary Approval, (i) maintained their account for seven consecutive billing cycles without committing an act of default, and (ii) were not graduated to an unsecured TD Bank credit card in the cycle following that seven-month period. Excluded from the Settlement Class are TD Bank; TD Bank’s officers and directors at all relevant times, as well as members of their immediate families and their legal representatives, heirs, successors, or assigns; and any entity in which TD Bank has or had a controlling interest. Also excluded from the Settlement Class are federal, state, and local governments and all agencies and subdivisions thereunder; and any judge to whom this Action is or has been assigned and any member of her immediate family. 45. TD Bank agrees not to oppose Plaintiffs’ request for certification of the Settlement Class for settlement purposes only. In so doing, TD Bank does not admit that any class may be certified for purposes of litigation. This Agreement is entered into without prejudice to TD Bank’s rights to oppose certification, or seek decertification, of any litigation class in this Action or any other litigation. 46. In the event that the Settlement does not receive Final Approval, or in the event the Effective Date does not occur, any order certifying the Settlement Class for purposes of effectuating the Settlement and the terms of this Agreement, and all preliminary and/or final findings regarding that class certification order, shall be automatically vacated upon notice of the same to the Court, the Action shall proceed as though the Settlement Class had never been certified pursuant to this Agreement and such findings had never been made, and the Action shall return to the procedural status quo in accordance with this paragraph. In addition, the Parties shall not be bound by this Settlement’s definition of the Settlement Class; the Parties shall not be permitted to use it as evidence or otherwise in support of any argument or position in any motion, brief, hearing, appeal, or otherwise; and TD Bank shall retain its right to object to the maintenance of this Action as a class action, t...

Conditional Certification of the Settlement Class. 3.1 This Agreement is for settlement purposes only, and neither the fact of, nor any provision contained in, this Agreement, nor any action taken hereunder, shall constitute or be construed as an admission of: (a) the validity of any claim or allegation or of any defense asserted in the Action; or (b) any wrongdoing, fault, violation of law, or liability on the part of any Party, Released Party, Settlement Class Member, or their respective counsel. 3.2 For further clarity, the Parties will agree to certification of the Settlement Class as described above solely for the purposes of the Settlement. The Parties’ 3.3 For the purpose of implementing this Agreement, and for no other purpose, the Parties stipulate to the conditional certification of the Settlement Class in this Action as set forth in the Proposed Preliminary Approval Order. If for any reason this Agreement should fail to become effective, the Parties’ agreement to certification of the Settlement Class provided for in this Section 3, or to any other class or subclass, shall be null and void, and the Parties, and the Released Parties, shall return to their respective positions in the Action before this Agreement was executed.

Conditional Certification of the Settlement Class. For purposes of settlement only: (a) ▇▇▇▇▇▇ & ▇▇▇▇▇▇, P.A. and ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, PLLC are appointed Class Counsel for the Settlement Class; and (b) ▇▇▇▇▇ ▇▇▇▇▇▇▇ is appointed Class Representative. The Court finds that these attorneys are competent and capable of exercising the responsibilities of Class Counsel and that Plaintiff will adequately protect the interests of the Settlement Class defined below. For purposes of settlement only and for purposes of disseminating Class Notice, and without prejudice to Defendant’s right to contest class certification if the Settlement Agreement is not finally approved, the Court conditionally certifies the following Settlement Class as defined in the Settlement Agreement, pursuant to Federal Rules of Civil Procedure 23(a), 23(b)(3) and 23(e): [A]ll Persons who, from September 15, 2019, to and through February 27, 2024, enrolled in an automatically renewing Peacock Subscription directly through Peacock using a California billing address, and who were charged and paid ▇▇▇▇▇▇▇ ▇▇▇(s) in connection with such subscription(s).1 The Court finds, subject to the Final Approval Hearing referred to below, that the Settlement Agreement is fundamentally fair, adequate, and reasonable, and, solely within the context of and for the purposes of settlement only, that the Settlement Class satisfies the requirements of Rule 23 of the Federal Rules of Civil Procedure, specifically, that: the Settlement Class is so numerous that joinder of all members is impracticable; there are questions of fact and law common to the Settlement Class; the claims of the Class Representative are

Conditional Certification of the Settlement Class. (a) Solely for purposes of this Settlement, the Parties agree to certification of the following Settlement Class under Federal Rules of Civil Procedure 23(b)(2) and (b)(3): All TDC holders in the United States who, within the Class Period, incurred at least one RPF in connection with their TDC, that was not refunded or waived. (b) In the event that the Settlement does not receive Final Approval, or in the event the Effective Date does not occur, the Parties shall not be bound by this definition of the Settlement Class, shall not be permitted to use it as evidence or otherwise in support of any argument or position in any motion, brief, hearing, appeal, or otherwise, and Target shall retain its right to object to the maintenance of the Actions as class actions and the suitability of the Plaintiffs to serve as class representatives.

Conditional Certification of the Settlement Class. The Parties agree that the Settlement Class shall be conditionally certified, in accordance with the terms of this Settlement Agreement, solely for purposes of effectuating the settlement embodied in this Settlement Agreement. The City does not consent, and Class Counsel and the ▇▇▇▇▇▇▇ Plaintiffs agree that the City shall not be deemed to have consented, to the certification of the Settlement Class for any purpose other than to effectuate the settlement embodied in this Settlement Agreement. In the event the Settlement Agreement is terminated pursuant to its terms, or if for any reason the settlement embodied in this Settlement Agreement is not effectuated or the Judgment does not become Final, the certification of the Settlement Class shall be vacated, and the ▇▇▇▇▇▇▇ Action shall proceed as though the Settlement Class had never been certified, with all parties reserving all of their claims and defenses.

Conditional Certification of the Settlement Class. 3.1 For the purpose of this Settlement only, the Parties agree that the ▇▇▇▇▇▇▇ Action may be certified as a class action under Fed. R. Civ. P. 23(a) and (b)(3) in accordance with the terms of this Agreement and without prejudice to Direct Energy’s right to contest class certification in the event that this Agreement fails to become effective or is not fully implemented in accordance with its terms. If the Settlement is not approved or this Agreement fails to be fully implemented, Direct Energy reserves all rights to object to any subsequent motion to certify a class in this or any other lawsuit and no representation or concession made in connection with the Settlement or this Agreement will be considered law of the case or an admission by Direct Energy or to have any kind of preclusive effect against Direct Energy or to give rise to any form of estoppel or waiver by Direct Energy in this action or any other proceeding. 3.2 Direct Energy expressly denies any and all liability and/or wrongdoing with respect to any and all of the claims alleged in this lawsuit and any similar lawsuits and enters into this Settlement solely to compromise a disputed claim. Accordingly, any references to the alleged business practices of Direct Energy in this Settlement, this Agreement or the related Court hearings and processes will raise no inference respecting the propriety of those business practices or any other business practices of Direct Energy.