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 Proposed Settlement and whether it should be finally approved by the Court on a date not sooner than 130 days after entry of the Preliminary Approval Order; (l) requires the Settlement Administrator to file proof of completion of Notice at least ten (10) days prior to the Fairness Hearing, along with the Notice List and Opt-Out List. The Settlement Administrator shall file the complete, unredacted Notice List under seal and shall file, not under seal, copy of the Notice List with all mailing addresses and email addresses redacted. The Opt-Out List shall be a list of all Persons who timely and properly requested exclusion from the Settlement Class. The Settlement Administrator shall file with the Notice List and the Opt-Out List an affidavit attesting to the accuracy of each list; (m) requires each Settlement Class Member who wishes to exclude himself or herself from the Settlement Class to submit an appropriate, timely request for exclusion, received by the Settlement Administrator at the address provided in the Mail Notice no later than thirty-five (35) days after the Mail Notice Date and which complies with the requirements in Paragraph 47; (n) orders that any Settlement Class Member who does not submit a timely, written request for exclusion from the Settlement Class will be bound by all proceedings, orders, and judgments in the Action, even if such Settlement Class Member never received actual notice of the Action or this Proposed Settlement; (o) requires each Settlement Class Member who does not submit a timely request for exclusion from the Settlement Class and wishes to object to the fairness, reasonableness, or adequacy of this Agreement or any term of the Proposed Settlement or to intervene in the Action, to follow the procedures set forth in Paragraphs 51-56 of this Agreement, including those requirements applicable to any attorney representing the Settlement Class Member; (p) directs the Settlement Administrator to rent a post office box to which requests for exclusion, objections, notices of intention to appear, and any other settlement- related communication may be sent, and provides that only the Settlement Administrator, the Court, the Clerk of the Court, and their designated agents shall have access to this post office box, except as otherwise expressly provided in this Agreement; (q) directs the Settlement Administrator to provide within 5 business days copies of all objections, requests for exclusion, motions to intervene, notices of intention to appear, or other communications that come into its possession to Class Counsel and Allstate’s counsel; (r) stays all proceedings in the Action until further order of the Court, except that the Parties may conduct proceedings necessary to implement the Proposed Settlement or effectuate the terms of this Agreement; (s) implements or orders any other provisions or directives or procedures not contemplated by the Parties, if necessary, to comply with governing law and/or binding precedent and if such provisions do not materially alter the substantive terms of this Agreement. 3. Solely for the purpose of implementing this Agreement and effectuating the Proposed Settlement, Allstate 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: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ & ▇▇▇▇▇▇▇, LLP ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇. ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Tel: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Southern Atlantic Law Group, PLLC ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Tel: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: ((▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ 4. Solely for the purposes of implementing this Agreement and effectuating the Proposed Settlement, the Parties stipulate that Epiq shall be the Settlement Administrator. 5. In the event that the Proposed Settlement is not consummated for any reason (including but not limited to reversal on appeal), (a) the Parties and their attorneys shall proceed as though the Agreement had never been entered and the Parties and their Counsel shall not cite nor reference this Agreement (or negotiations or documents relating to this Agreement), (b) nothing in this Agreement and/or the fact that it was entered into and/or negotiations relating to this Agreement shall be offered, received or construed as an admission or as evidence for any purpose in any proceeding, including certification of a class, (c) the Parties agree to jointly file a motion with the Court to vacate all orders entered pursuant to this Agreement to restore each of the Parties’ respective position existing immediately before the date on which the Parties filed the Notice of Settlement.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Preliminary Certification of the Settlement Class. 133. This Agreement will affect a full and Final Settlement and dismissal with prejudice Upon execution of all of the Released Claims against all Released Persons relating this Stipulation, Plaintiff shall submit this Stipulation to the matter Court and request an order substantially in the form set forth in Exhibit “2” (“Preliminary Approval Order”) that will among other things:
(a) Preliminarily certify the Settlement Class, as defined herein, for settlement purposes and designate the following attorney as counsel for the Settlement Class (“Class Counsel”): ▇▇▇▇ ▇▇▇▇▇▇▇▇ 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 Proposed Settlement and whether it should be finally approved by the Court on a date not sooner than 130 days after entry of the Preliminary Approval Order;
(l) requires the Settlement Administrator to file proof of completion of Notice at least ten (10) days prior to the Fairness Hearing, along with the Notice List and Opt-Out List. The Settlement Administrator shall file the complete, unredacted Notice List under seal and shall file, not under seal, copy of the Notice List with all mailing addresses and email addresses redacted. The Opt-Out List shall be a list of all Persons who timely and properly requested exclusion from the Settlement Class. The Settlement Administrator shall file with the Notice List and the Opt-Out List an affidavit attesting to the accuracy of each list;
(m) requires each Settlement Class Member who wishes to exclude himself or herself from the Settlement Class to submit an appropriate, timely request for exclusion, received by the Settlement Administrator at the address provided in the Mail Notice no later than thirty-five (35) days after the Mail Notice Date and which complies with the requirements in Paragraph 47;
(n) orders that any Settlement Class Member who does not submit a timely, written request for exclusion from the Settlement Class will be bound by all proceedings, orders, and judgments in the Action, even if such Settlement Class Member never received actual notice of the Action or this Proposed Settlement;
(o) requires each Settlement Class Member who does not submit a timely request for exclusion from the Settlement Class and wishes to object to the fairness, reasonableness, or adequacy of this Agreement or any term of the Proposed Settlement or to intervene in the Action, to follow the procedures set forth in Paragraphs 51-56 of this Agreement, including those requirements applicable to any attorney representing the Settlement Class Member;
(p) directs the Settlement Administrator to rent a post office box to which requests for exclusion, objections, notices of intention to appear, and any other settlement- related communication may be sent, and provides that only the Settlement Administrator, the Court, the Clerk of the Court, and their designated agents shall have access to this post office box, except as otherwise expressly provided in this Agreement;
(q) directs the Settlement Administrator to provide within 5 business days copies of all objections, requests for exclusion, motions to intervene, notices of intention to appear, or other communications that come into its possession to Class Counsel and Allstate’s counsel;
(r) stays all proceedings in the Action until further order of the Court, except that the Parties may conduct proceedings necessary to implement the Proposed Settlement or effectuate the terms of this Agreement;
(s) implements or orders any other provisions or directives or procedures not contemplated by the Parties, if necessary, to comply with governing law and/or binding precedent and if such provisions do not materially alter the substantive terms of this Agreement.
3. Solely for the purpose of implementing this Agreement and effectuating the Proposed Settlement, Allstate 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: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ & ▇▇▇▇▇▇▇, LLP ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇. ▇▇ Law Firm, P.C. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇., ▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Tel: ▇▇▇▇@▇▇▇▇▇.▇▇▇ (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Southern Atlantic Law Group, PLLC ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Tel: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: ((▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇
4. Solely for Preliminary certification and all actions associated with preliminary certification are undertaken on the purposes of implementing this Agreement condition that the certification and effectuating the Proposed Settlement, the Parties stipulate that Epiq designations shall be automatically vacated if this Stipulation is terminated or is disapproved in whole or in part by the Settlement Administrator.
5. In Court, any appellate court and/or any other court of review, or if the agreement to settle is revoked pursuant to Paragraph 74, in which event that the Proposed Settlement is not consummated for any reason (including but not limited to reversal on appeal), (a) the Parties this Stipulation and their attorneys shall proceed as though the Agreement had never been entered and the Parties and their Counsel shall not cite nor reference this Agreement (or negotiations or documents relating to this Agreement), (b) nothing in this Agreement and/or the fact that it was entered into and/or negotiations relating to this Agreement shall not be offered, received or construed as an admission or as evidence for any purpose in any proceedingpurpose, including certification the “certifiability” of a any class, as discussed in Paragraphs 76-77 of this Stipulation;
(b) Preliminarily approve this Stipulation as sufficiently fair and reasonable to warrant sending notice to the Settlement Class preliminarily certified for settlement purposes;
(c) Preliminarily enjoin any Class Member from bringing a new alleged class action or attempting to amend an existing action to assert any class claims that would be released pursuant to the Parties agree Stipulation;
(d) Appoint Atticus Administration, LLC as the Class administrator (“Administrator”);
(e) Direct that Class Counsel and the Administrator cause the Individual Notice to jointly be distributed by text message and/or first class mail, postage prepaid, bearing the return address of the Administrator not less than sixty (60) days before the Final Approval Hearing set by the Court to all Class Members reasonably identified through the searches described in Paragraphs 36-37, below, addressed in care of and to the last known address corresponding to the license plate number as identified by records maintained by Defendant as described below;
(f) Determine that distribution of the Individual Notice and Publication Notice as described herein, are the reasonable and best practicable notice under the circumstances; are reasonably calculated to apprise Class Members of the pendency of the ▇▇▇▇▇▇ Action and ▇▇▇▇▇▇▇ Action and of their right to object or opt-out of the Proposed Settlement; constitute due, adequate, and sufficient notice to all persons entitled to receive notice; and meet the requirements of the Georgia Rules of Civil Procedure, and requirements of due process under the Georgia and United States Constitutions, and the requirements of any other applicable rules or law;
(g) Require each potential Class Member who wishes to exclude himself or herself from the Settlement Class to submit to the Administrator a written request for exclusion to be postmarked not later than twenty (20) days prior to the Final Approval Hearing;
(h) Rule that any potential Class Member who does not submit a timely, written request for exclusion in accordance with Paragraph 48, below, will be bound by all proceedings, orders and judgments in the ▇▇▇▇▇▇ Action and ▇▇▇▇▇▇ Action;
(i) Require that each Class Member who has objections to the Proposed Settlement file a motion an objection with the Court to vacate all orders entered pursuant to this Agreement to restore each not later than twenty (20) days before the Final Approval Hearing in accordance with Paragraphs 51-54, below; and
(j) Preliminarily appoint ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇, Kerington ▇▇▇▇▇▇▇, and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ as the Class Representatives.
34. Preliminary certification of the Parties’ respective position existing immediately before Settlement Class and appointment of the date Class Representative and Class Counsel for purposes of this Proposed Settlement by the Court shall be binding only with respect to the Proposed Settlement. In the event the Proposed Settlement is not consummated for any reason, whether due to a termination of this Stipulation in accordance with its terms, a failure or refusal of the Court to approve the Proposed Settlement, or a reversal or modification of the Court’s approval of the Proposed Settlement on which appeal, or for any other reason, then (a) the Court shall vacate the certification of the Settlement Class, (b) the Parties filed shall proceed as though the Notice Stipulation had never been entered and the Settlement Class had never been certified, subject to Paragraphs 76-77, and (c) Defendant shall have the right to contest the certification of Settlementany class herein. Nothing herein shall preclude the Court from considering the merits of any motion for class certification.
35. Upon the Preliminary Approval of this Stipulation and the Proposed Settlement as provided in Paragraph 36, below, all proceedings in the ▇▇▇▇▇▇ Action and the ▇▇▇▇▇▇▇ Action shall be stayed until further order of the Court; provided, however, the Parties may conduct such limited proceedings as may be necessary to implement the Proposed Settlement or to effectuate the terms of this Stipulation.
Appears in 1 contract
Sources: Settlement Agreement
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 Fire & Casualty Insurance Company, Circuit Court of the Twentieth Seventh Judicial Circuit, in and for ▇▇▇▇▇▇▇ ▇▇▇▇▇▇Volusia County, ▇▇▇▇▇▇▇Florida, ▇▇No. ▇▇▇▇-▇▇-▇▇▇▇▇▇2019 11871 CIDL.
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 not less than 60 days after the entry of a Preliminary Approval Order 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 Proposed Settlement and whether it should be finally approved by the Court on a date not sooner than 130 days after entry of the Preliminary Approval Order;
(l) requires the Settlement Administrator to file proof of completion of Notice at least ten (10) days prior to the Fairness Hearing, along with the Notice List and Opt-Out List. The Settlement Administrator shall file the complete, unredacted Notice List under seal and shall file, not under seal, copy of the Notice List with all mailing addresses and email addresses redacted. The Opt-Out List which shall be a list of all Persons who timely and properly requested exclusion from the Settlement Class. The Settlement Administrator shall file with the Notice List , and the Opt-Out List an affidavit attesting to the accuracy of each listthe Opt-Out List;
(m) requires each Settlement Class Member who wishes to exclude himself or herself from the Settlement Class to submit an appropriate, timely request for exclusion, received by the Settlement Administrator at the address provided in the Mail Notice no later than thirty-five (35) days after the Mail Notice Date and which complies with the requirements in Paragraph 47;
(n) orders that any Settlement Class Member who does not submit a timely, written request for exclusion from the Settlement Class will be bound by all proceedings, orders, and judgments in the Action, even if such Settlement Class Member never received actual notice of the Action or this Proposed Settlement;
(o) requires each Settlement Class Member who does not submit a timely request for exclusion from the Settlement Class and wishes to object to the fairness, reasonableness, or adequacy of this Agreement or any term of the Proposed Settlement or to intervene in the Action, to follow the procedures set forth in Paragraphs 51-56 of this Agreement, including those requirements applicable to any attorney representing the Settlement Class Member;
(p) directs the Settlement Administrator to rent a post office box to which requests for exclusion, objections, notices of intention to appear, and any other settlement- related communication may be sent, and provides that only the Settlement Administrator, the Court, the Clerk of the Court, and their designated agents shall have access to this post office box, except as otherwise expressly provided in this Agreement;
(q) directs the Settlement Administrator to provide within 5 business days copies of all objections, requests for exclusion, motions to intervene, notices of intention to appear, or other communications that come into its possession to Class Counsel and Allstate’s counsel;
(r) stays all proceedings in the Action until further order of the Court, except that the Parties may conduct proceedings necessary to implement the Proposed Settlement or effectuate the terms of this Agreement;
(s) implements or orders any other provisions or directives or procedures not contemplated by the Parties, if necessary, to comply with governing law and/or binding precedent and if such provisions do not materially alter the substantive terms of this Agreement.
3. Solely for the purpose of implementing this Agreement and effectuating the Proposed Settlement, Allstate 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: ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ & ▇▇▇▇▇▇▇, LLP ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ PLLC 3165 McCrory ▇▇., ▇▇▇. ▇▇▇▇ ▇▇▇▇▇▇▇Orlando, ▇▇▇▇▇▇▇ ▇▇▇▇▇ FL 32803 Tel: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇ ▇. ▇▇▇▇▇ Florida Bar No. 331041 ▇▇▇ Southern Atlantic Law Group, PLLC ▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇. ▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Tel: (▇▇▇) .▇▇▇-▇▇▇▇ Fax: ((▇▇▇) ▇▇▇-.▇▇▇▇ ▇▇▇@▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇
4. Solely for the purposes of implementing this Agreement and effectuating the Proposed Settlement, the Parties stipulate that Epiq shall be the Settlement Administrator.
5. In the event that the Proposed Settlement is not consummated for any reason (including but not limited to reversal on appeal), (a) the Parties and their attorneys shall proceed as though the Agreement had never been entered and the Parties and their Counsel shall not cite nor reference this Agreement (or negotiations or documents relating to this Agreement), (b) nothing in this Agreement and/or the fact that it was entered into and/or negotiations relating to this Agreement shall be offered, received or construed as an admission or as evidence for any purpose in any proceeding, including certification of a class, (c) the Parties agree to jointly file a motion with the Court to vacate all orders entered pursuant to this Agreement to restore each of the Parties’ respective position existing immediately before the date on which the Parties filed the Notice of Settlement.
Appears in 1 contract
Sources: Class Action Settlement Agreement