Preliminary Certification of the Settlement Class Clause Samples

Preliminary Certification of the Settlement Class. The Court preliminarily certifies, for settlement purposes only pursuant to Federal Rule of Civil Procedure 23(e), the Class defined in the Settlement Agreement as follows: 1 Unless otherwise defined herein, all terms capitalized herein shall have the same definitions ascribed to them as in the Settlement Agreement.

Preliminary Certification of the Settlement Class. In accordance with the Settlement Agreement, and pursuant to Rules 23(a) and (b)(1) of the Federal Rules of Civil Procedure, this Court hereby conditionally certifies the following class (“Settlement Class”): All persons who participated in the Plan at any time during the Class Period (August 21, 2014 through the date the Preliminary Approval Order is entered by the Court), including any Beneficiary of a deceased person who participated in the Plan at any time during the Class Period, and any Alternate Payee of a person subject to a Qualified Domestic Relations Order who participated in the Plan at any time during the Class Period. Excluded from the Settlement Class are Defendants and their Beneficiaries.

Preliminary Certification of the Settlement Class. 1. This Agreement will affect a full and Final Settlement and dismissal with prejudice of all of the Released Claims against all Released Persons relating to the matter ▇▇▇▇ ▇▇▇▇▇▇▇▇ v. Allstate Insurance Company, Circuit Court of the Twentieth Judicial Circuit, in and for ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇. ▇▇▇▇-▇▇-▇▇▇▇▇▇. 2. The Parties will request entry of the Proposed Preliminary Approval Order, without material alteration from Exhibit 1, that specifically: (a) preliminarily approves this Agreement; (b) finds that the Court possesses jurisdiction over the subject matter of this Action and over all Parties to this Action, including the Named Plaintiff and all Settlement Class Members; (c) preliminarily certifies the Settlement Class, approves the Plaintiff as class representatives of the Settlement Class, and appoints Class Counsel as counsel for the Settlement Class; (d) finds that the Proposed Settlement is sufficiently fair, reasonable, and adequate to warrant providing Notice to the Settlement Class; (e) approves the Notice Plan; (f) approves the Claim Form and Electronic Claim Form to be distributed to and/or used by Settlement Class Members, and sets a Mail Notice Date and a Claims Submission Deadline, which shall be no more than sixty (60) days from the Mail Notice Date, by which the Claim Forms must be postmarked and Electronic Claim Forms must be submitted in order to be deemed timely; (g) approves the settlement website as described in Paragraphs 19-21, which may be amended during the course of the settlement as appropriate and agreed to by the Parties, and which shall be maintained for at least sixty (60) days after the Claims Submission Deadline; (h) appoints Epiq as Settlement Administrator; (i) directs the Settlement Administrator to maintain a toll-free IVR telephone system containing recorded answers to frequently asked questions, along with an option permitting callers to punch through to a live operator; (j) determines that the Notice provided to potential Settlement Class Members (i) is the best practicable notice under the circumstances; (ii) is reasonably calculated, under the circumstances, to apprise Settlement Class Members of the pendency of the Action and their right to object to or exclude themselves from the Proposed Settlement; and (iii) constitutes due, adequate, and sufficient notice to all Persons entitled to receive notice; (k) schedules the Fairness Hearing to consider the fairness, reasonableness, and adequacy of the Propose...

Preliminary Certification of the Settlement Class. In accordance with the Settlement Agreement, and pursuant to Rules 23(a) and (b)(1) of the Federal Rules of Civil Procedure, this Court hereby preliminarily certifies for settlement purposes only the following class (“Settlement Class”): All participants and beneficiaries of the Plan, at any time on or after June 30, 2014 through the date of this Order (the “Class Period”), including any beneficiary of a deceased person who was a participant in the Plan at any time during the Class Period, and any Alternate Payees, in the case of a person subject to a QDRO who was a participant in the Plan at any time during the Class Period. The Class shall exclude all Defendants and their beneficiaries.

Preliminary Certification of the Settlement Class. Solely for the purpose of settlement in accordance with the Settlement Agreement, and pursuant to Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure, this Court hereby conditionally certifies the following class (“Settlement Class”): All persons who obtained residential mortgage loans originated and/or acquired by GMAC Mortgage, GMAC Bank (now known as Ally Bank), and/or their affiliates on or after January 1, 2004, with private mortgage insurance which was reinsured by Cap Re.

Preliminary Certification of the Settlement Class. In accordance with the Settlement Agreement, and pursuant to Rules 23(a) and (b)(1) of the Federal Rules of Civil Procedure, this Court hereby conditionally certifies the following class (“Settlement Class”): All persons who have been participants, beneficiaries and alternate payees of the Plan from October 13, 2016 through the date of the Preliminary Approval Order, except for past and present members of the Board from October 13, 2016 through the date of the Preliminary Approval Order.

Preliminary Certification of the Settlement Class. 1. Solely for the purpose of implementing this Agreement and effectuating the Proposed Settlement, Defendant stipulates to entry of a Preliminary Approval Order (in the form of the proposed Order without material change), preliminarily certifying the Settlement Class, appointing the Plaintiff as representative of the Settlement Class, and appointing the following as Class Counsel for the Settlement Class: ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & LIBER LLP ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ (0064834) ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ (0093921) ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ Cleveland, OH 44114 (▇▇▇) ▇▇▇-▇▇▇▇ (▇▇▇) ▇▇▇-▇▇▇▇ (FAX) ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ EDELSBERG LAW, P.A. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Esq. ▇▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ Aventura, FL 33180 Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇, P.A. ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Esq. ▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ Miami, FL 33132 Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ 2. The Parties and their respective counsel agree that the settlement of this Action is not a concession by Founders that a litigation class could properly be certified in this Action, and Plaintiff and Class Counsel agree not to argue, in this or any other proceeding, that the fact of this settlement or Founders’ stipulation to the Certification of the Settlement Class constitutes such a concession or otherwise demonstrates the efficacy of class certification. 3. Plaintiff shall submit this fully executed Agreement to the Court and request entry of the Proposed Preliminary Approval Order, which as a condition of settlement must be entered by the Court without material change from Exhibit 1, and specifically that: (a) preliminarily approves this Agreement; (b) finds that the Court possesses personal jurisdiction over all Settlement Class Members and possesses subject matter jurisdiction to preliminarily approve this Agreement; (c) preliminarily certifies the Settlement Class, approves the Plaintiff as class representative of the Settlement Class, and appoints Class Counsel as counsel for the Settlement Class; (d) finds that the Proposed Settlement is sufficiently fair, reasonable, and adequate to warrant providing Notice to the Settlement Class; (e) approves the Notice Plan; (f) approves the Claim Forms to be distributed to and/or used by Settlement Class Members, and sets a Claims Submission Deadline by which the Claim Forms must be submitted in order to be deemed timely which shall be no later than fifteen (15) days after the Final Approval Hearing; (g) approv...

Preliminary Certification of the Settlement Class. ‌ 1. Solely for the purpose of implementing this Agreement and effectuating the Proposed Settlement, Defendant stipulates to entry of a Preliminary Approval Order (in the form of the proposed Order attached as Exhibit 1 or including the substance of the proposed Order attached as Exhibit 1), preliminarily certifying the Settlement Class, appointing the Plaintiff as representative of the Settlement Class, and appointing the following as Class Counsel for the Settlement Class: ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & LIBER LLP ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ (0064834) ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ (0093921) ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ Cleveland, OH 44114 (▇▇▇) ▇▇▇-▇▇▇▇ (▇▇▇) ▇▇▇-▇▇▇▇ (FAX) ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ EDELSBERG LAW, P.A. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Esq. ▇▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ Aventura, FL 33180 Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇, P.A. ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Esq. ▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ Miami, FL 33132 Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇ ▇▇▇, P.A. ▇▇▇▇▇▇ ▇▇▇▇▇▇, Esq. ▇▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ Aventura, FL 33180 Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇ PLLC ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, Suite 175 Orlando, FL 32803 Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ 2. The Parties and their respective counsel agree that the settlement of this Action is not a concession by Ohio Mutual that a litigation class could properly be certified in this Action, and Plaintiff and Class Counsel agree not to argue, in this or any other proceeding, that the fact of this settlement or Ohio Mutual’s stipulation to the Certification of the Settlement Class constitutes such a concession. 3. Plaintiff shall submit this fully executed Agreement to the Court, and request entry of the Proposed Preliminary Approval Order, without material alteration from Exhibit 1, or an Order that includes the substance of the Proposed Preliminary Approval Order, and specifically that: (a) preliminarily approves this Agreement; (b) finds that the Court possesses personal jurisdiction over all Settlement Class Members and possesses subject matter jurisdiction to preliminarily approve this Agreement; (c) preliminarily certifies the Settlement Class, approves the Plaintiff as class representative of the Settlement Class, and appoints Class Counsel as counsel for the Settlement Class; (d) finds that the Proposed Settlement is sufficiently fair, reasonable, and adequate to warrant ...

Preliminary Certification of the Settlement Class. 1. Solely for the purpose of implementing this Agreement and effectuating the Proposed Settlement, Defendants stipulate to entry of a preliminary approval order (in the form of the Proposed Preliminary Approval Order attached as Exhibit 1 or including the substance of the Proposed Preliminary Approval Order attached as Exhibit 1), preliminarily certifying the Settlement Class, appointing Plaintiff as representative of the Settlement Class, and appointing the following as Class Counsel for the Settlement Class: