Conditional Class Certification for Settlement Purposes Only Clause Samples
The "Conditional Class Certification for Settlement Purposes Only" clause establishes that a class action may be certified solely for the purpose of effectuating a settlement, without binding the parties to class certification if the settlement does not proceed. In practice, this means that the court and parties agree to treat the case as a class action only to facilitate the settlement process, and if the settlement is not approved or falls through, the class certification is void and the case reverts to its prior status. This clause is essential for enabling settlements in class actions by allowing parties to negotiate and resolve claims collectively, while preserving the defendant's right to contest class certification if settlement efforts fail.
Conditional Class Certification for Settlement Purposes Only a. 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, be construed as, or be admissible in evidence as an admission of (i) the validity of any claim or Allegation by any Plaintiff, or of any defense asserted by ▇▇▇▇▇▇▇▇ in the Action or any other proceedings; (ii) any wrongdoing, fault, violation of law, or liability of any kind on the part of any Party, Released Person, or their respective counsel; or (iii) the propriety of class certification.
b. For the sole and limited purpose of settlement, the Parties stipulate to and request that the Court conditionally certify the Class under Federal Rule of Civil Procedure 23(b)(3), which stipulation is contingent upon the occurrence of the Effective Date. Should the Effective Date not occur, this Agreement shall be void and will not constitute, be construed as, or be admissible in evidence as, an admission of any kind, or be used for any purpose in the Action, or in any other pending or future action. In the event that the Agreement is terminated pursuant to its terms or the Final Settlement Hearing does not occur for any reason, the certification of the Class shall be vacated, and the Action shall proceed as it existed prior to execution of this Agreement.
c. The Court’s certification of the Class shall not be deemed to be an adjudication of any fact or issue for any purpose other than the accomplishment of the provisions of this Agreement, and shall not be considered the law of the case, res judicata, or collateral estoppel in the Action or any other proceeding unless and until the Court enters a Judgment. Regardless of whether the Effective Date occurs, the Parties’ agreement to class certification for settlement purposes only (and any statements or submissions made by the Parties in connection with seeking the Court’s approval of this Agreement) shall not be deemed to be a stipulation as to the propriety of class certification, or any admission of fact or law regarding any request for class certification, in any other action or proceeding, whether or not involving the same or similar claims.
d. In the event the Court does not enter a Judgment, or the Effective Date does not occur, or the Agreement is otherwise terminated or rendered void, the Parties’ agreement to certification of the Class for settlement purposes shall be void and the Court’s certification order (if any is ordered) shall be ...
Conditional Class Certification for Settlement Purposes Only. 4.1. The Parties reached this Agreement before Plaintiff filed a motion for class certification. Accordingly, Plaintiff shall include a request for conditional certification as part of his motion for Preliminary Approval that seeks certification of the Class for settlement purposes only.
4.2. As a material part of this Settlement, Defendants, while reserving all defenses if this Agreement is not finally approved, hereby stipulate and consent, solely for purposes of and in consideration of the Settlement, to provisional certification of the Class. Defendants’ stipulation and consent to class certification is expressly conditioned upon the entry of a Preliminary Approval Order, a Final Approval Order and Judgment, and as otherwise set forth in this Agreement. As part of their provisional stipulation, Defendants further consent to the appointment of Class Counsel and the Class Representative to represent the Class. The provisional certification of the Class, the appointment of the Class Representative, and the appointment of Class Counsel shall be binding only with respect to this Settlement and this Agreement. If the Court fails to enter a Preliminary Approval Order or a Final Approval Order and Judgment, or if this Agreement and the Settlement proposed herein is terminated, canceled, or fails to become effective for any reason whatsoever, or the Court enters any order that increases the cost or burden of the Settlement on Defendants beyond what is set forth in this Agreement, the class certification, to which the Parties have stipulated solely for the purposes of this Settlement, this Agreement, and all of the provisions of any Preliminary Approval Order or any Final Approval Order shall be vacated by their own terms and the Litigation will revert to its status as it existed prior to the date of this Agreement with respect to class certification, the appointment of the Class Representative, and the appointment of Class Counsel. In that event, Defendants shall retain all rights they had immediately preceding the execution of this Agreement to object to the maintenance of the Litigation as a class action, the appointment of the Class Representative, and the appointment of Class Counsel and, in that event, nothing in this Agreement or other papers or proceedings related to this Settlement shall be used as evidence or argument by any of the Parties concerning whether the Litigation may properly be maintained as a class action under applicable law, whether the C...
Conditional Class Certification for Settlement Purposes Only. 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, be construed as, or be admissible in evidence as an admission of (1) the validity of any claim or allegation by ▇▇▇▇▇, ▇▇▇▇▇▇ Bonilla, Yee, the plaintiff(s) in any Related Action, or any Class Member, or of any defense asserted by Monsanto in these or any other actions or proceedings;