Common use of Settlement Class Certification Clause in Contracts

Settlement Class Certification. 42. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 44 below; (2) Plaintiffs shall represent the Class for settlement purposes and shall be the Class Representatives; and (3) Plaintiffs’ Counsel shall be appointed as Class Counsel. 43. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 44. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals who used Multimedia Sales & Marketing Inc.’s Biometric Timekeeping System within the state of Illinois at any time since November 29, 2012.” 45. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from the Settlement Class, the Court and staff to whom this case is assigned, and any member of the Court's or staff's immediate family. 46. If for any reason the Settlement is not granted preliminary and/or final approval, Defendant’s agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation or any other proceeding.

Settlement Class Certification. 4235. For the purposes of the Settlement only, the Parties stipulate and agree that: : (1) the Class shall be certified in accordance with the definition contained in Paragraph 44 belowherein; (2) Plaintiffs Plaintiff shall represent the Class for settlement purposes and shall be the Class Representativesrepresentative; and (3) Plaintiffs’ Plaintiff’s Counsel shall be appointed as Class Counsel. 4336. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4437. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals who used Multimedia Sales & Marketing Inc.a hand scan or finger scan for timekeeping purposes at Defendant’s Biometric Timekeeping System facility within the state of Illinois at any time since November 29after July 24, 20122015 and did not provide written consent in advance.” 4538. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from the Settlement ClassClass within the time period and in accordance with the exclusive process set forth herein and the legal representatives, heirs, successors or assigns of any such excluded persons, and the Court and staff to whom this case is assigned, and any member of the Court's ’s or staff's ’s immediate family. 4639. If for any reason the Settlement is not granted preliminary and/or final approval, Defendant’s agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation Underlying Action or any other proceeding.

Settlement Class Certification. 42. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 44 below; (2) Plaintiffs Plaintiff shall represent the Class for settlement purposes and shall be the Class RepresentativesRepresentative; and (3) Plaintiffs’ Plaintiff’s Counsel shall be appointed as Class Counsel. 43. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected toto such that the Settlement is not approved, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 44. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals Illinois residents who used Multimedia Sales & Marketing Inc.TimeClock Plus, LLC’s Biometric Timekeeping System within the state of Technology in Illinois at any time since between November 291, 20122014 and May 31, 2018.” 45. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from the Settlement Class, ; the Defendant and its employees; Defendant’s customers; and the Court and staff to whom this case is assigned, and any member of the Court's or staff's immediate family. 46. If for any reason the Settlement is not granted preliminary and/or final approval, Defendant’s agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation or any other proceeding.

Settlement Class Certification. 4235. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Settlement Class shall be certified in accordance with the definition contained in Paragraph 44 belowherein; (2) Plaintiffs Plaintiff shall represent the Settlement Class for settlement purposes and shall be the Settlement Class Representativesrepresentative; and (3) Plaintiffs’ Plaintiff’s Counsel shall be appointed as Class Counsel. 4336. Defendant does not consent to certification of the Settlement Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Settlement Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Settlement Class under this Agreement, or that the Court preliminarily approved the certification of a Settlement Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4437. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals who used Multimedia Sales & Marketing Inc.’s Biometric Timekeeping the Time-Keeping System at Unytite, Inc. within the state State of Illinois at any time since November 29between January 19, 20122016 and the date of entry of the Preliminary Approval Order.” 4538. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from the Settlement Class, the Court and staff to whom this case is assigned, and any member of the Court's ’s or staff's ’s immediate family. 4639. If for any reason the Settlement is not granted preliminary and/or final approval, Defendant’s agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation or any other proceeding.

Settlement Class Certification. 4235. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 44 belowherein; (2) Plaintiffs Plaintiff shall represent the Class for settlement purposes and shall be the Class Representativesrepresentative; and (3) Plaintiffs’ Plaintiff’s Counsel shall be appointed as Class Counsel. 4336. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4437. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals who used Multimedia Sales & Marketing Inc.’s Biometric Timekeeping the Time-Keeping System at IML Labels Chicago, Inc. within the state of Illinois at any time since November 29between January 19, 20122016 and January 28, 2021.” 4538. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from the Settlement Class, the Court and staff to whom this case is assigned, and any member of the Court's ’s or staff's ’s immediate family. 4639. If for any reason the Settlement is not granted preliminary and/or final approval, Defendant’s agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation or any other proceeding.

Settlement Class Certification. 4243. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 44 46, below; (2) Plaintiffs Plaintiff shall represent the Class for settlement purposes and shall be the Class RepresentativesRepresentative; and (3) Plaintiffs’ Plaintiff’s Counsel shall be appointed as Class Counsel. 4344. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4445. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals who used Multimedia Sales & Marketing Inc.’s Biometric Timekeeping System within the state of whose fingerscan data and/or biometric identifiers or biometric information was captured, collected, obtained, stored, used, disseminated, FILED DATE: 12/13/2019 11:20 AM 2018CH11240 disclosed, redisclosed, sold, leased, profited from or transmitted by Defendant in Illinois at any time since November 29within between September 5, 20122013 and [Prelim Approval].” 4546. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from the Settlement Class, the Court and staff to whom this case is assigned, and any member of the Court's or staff's immediate family. Defendant has represented to Class Counsel that approximately 2,117 persons are members of the Settlement Class and that they may have contact information for the Settlement Class. 4647. If for any reason the Settlement is not granted preliminary and/or final approval, Defendant’s agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation or any other proceeding.

Settlement Class Certification. 4236. For the purposes of the Settlement only, the Parties stipulate and agree that: : (1) the Class shall be certified in accordance with the definition contained in Paragraph 44 belowherein; (2) Plaintiffs Plaintiff shall represent the Class for settlement purposes and shall be the Class RepresentativesRepresentative; and (3) Plaintiffs’ Plaintiff’s Counsel shall be appointed as Class Counsel. 4337. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval final approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Underlying Action as if the Agreement had not been entered into. In the event that Final Approval final approval of the Settlement is not achievedachieved or the Settlement is not Final: (ai) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (bii) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4438. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals who used Multimedia Sales & Marketing Inc.a hand scan or finger scan for timekeeping purposes at Defendant’s Biometric Timekeeping System facility within the state of Illinois at any time since November 29between February 28, 20122014 and the date of the Preliminary Approval Order, and did not provide written consent in advance.” 4539. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from the Settlement ClassClass and the legal representatives, heirs, successors or assigns of any such excluded persons, and the Court and staff to whom this case is assigned, and any member of the Court's ’s or staff's ’s immediate family. 4640. If If, for any reason reason, the Settlement is not granted preliminary and/or final approval, Defendant’s agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation Underlying Action or any other proceeding.

Settlement Class Certification. 4248. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 44 50, below; (2) Plaintiffs Plaintiff shall represent the Class for settlement purposes and shall be the Class RepresentativesRepresentative; and (3) Plaintiffs’ Plaintiff’s Counsel shall be appointed as Class Counsel. 4349. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated vacated, and the Parties will be returned to their positions with respect to the Action Litigation as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4450. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals who used Multimedia Sales & Marketing Inc.’s Biometric Timekeeping System within the state of Try-On Application Tool on ▇▇▇▇▇▇.▇▇▇ while in Illinois at any time since November 29between September 20, 20122014 and May 27, 2021.” 4551. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from the Settlement Class, the Court and Court staff to whom this case is assigned, and any member of the Court's ’s or Court staff's ’s immediate family. 4652. If for any reason the Settlement is not granted preliminary approved, the Court does not enter a Preliminary Approval Order and/or a Final Approval Order, or final approvalsettlement and resolution of this Litigation as provided for in this Agreement is not reached, Defendant’s agreement to certification of the Settlement Class shall not be used or cited for any purposepurpose in the Litigation or otherwise, including but not limited to in any request for class certification in the Litigation or any other proceeding.

Settlement Class Certification. 4241. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 44 43, below; (2) Plaintiffs Plaintiff shall represent the Class for settlement purposes and shall be the Class RepresentativesRepresentative; and (3) Plaintiffs’ Plaintiff’s Counsel shall be appointed as Class Counsel. 4342. Defendant does Defendants do not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action Litigation as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant Defendants did not oppose the certification of a Class under this Agreement, or that FILED DATE: 11/18/2019 1:44 PM 2019CH08517 the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4443. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals who used Multimedia Sales & Marketing Inc.’s Biometric Timekeeping System within the state of Illinois at any time since November 29, 2012who created a voice password as part of registering for a class provided by an eDriving subsidiary (including but not limited to Interactive Solutions (d/b/a ▇▇▇▇▇▇▇▇▇.▇▇▇) or IdriveSafely).” 4544. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from the Settlement Class, the Court and staff to whom this case is assigned, and any member of the Court's or staff's immediate family. 4645. If for any reason the Settlement is not granted preliminary and/or final approval, Defendant’s Defendants’ agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation or any other proceeding.

Settlement Class Certification. 4258. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 44 61 below; (2) Plaintiffs Plaintiff shall represent the Class for settlement purposes and shall be FILED DATE: 4/29/2021 8:36 PM 2019CH00205 the Class RepresentativesRepresentative; and (3) Plaintiffs’ Plaintiff’s Counsel shall be appointed as Class Counsel. 4359. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. 60. In the event that Final Approval of the Settlement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4461. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals who used Multimedia Sales & Marketing Inc.’s Biometric Timekeeping System who, within the state of Illinois at any time since November 29between January 7, 20122014 through [Preliminary Approval], scanned their finger, iris, face, or other biometric identifier into a Paychex Timeclock.”" 4562. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from the Settlement Class, the Court and staff to whom this case is assigned, and any member of the Court's ’s or staff's immediate family. 46. If for any reason the Settlement is not granted preliminary and/or final approval, Defendant’s agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation or any other proceeding.

Settlement Class Certification. 4235. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 44 belowherein; (2) Plaintiffs Plaintiff shall represent the Class for settlement purposes and shall be the Class Representativesrepresentative; and (3) Plaintiffs’ Plaintiff’s Counsel shall be appointed as Class Counsel. 4336. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4437. Subject to Court approval, the following Settlement Class shall be certified for settlement purposes: “All individuals who used Multimedia Sales & Marketing Inc.had their fingerprints collected, captured, received, or otherwise obtained, and/or stored, by Defendant in Illinois between December 31, 2015 and the date of the Court’s Biometric Timekeeping System within order preliminarily approving the state of Illinois at any time since November 29, 2012.” 45Settlement. Excluded from the Settlement Class are all persons who timely elect to exclude themselves from (1) any Judge presiding over this action, members of his or her family, and the Settlement ClassJudge’s assigned court staff; (2) Defendant, the Court and staff to whom this case is assignedDefendant’s subsidiaries, parents, successors, predecessors, and any member entity in which Defendant or its parent has a controlling interest; (3) persons who properly execute and file a timely request for exclusion from the Class; (4) persons whose claims in this matter have been finally adjudicated on the merits or otherwise released; (5) Plaintiff’s counsel and Defendant’s counsel; (6) and any individual whose fingerprints were collected, captured, received, or otherwise obtained, or stored, by Defendant only after executing Defendant’s Biometric Information Privacy Employee Consent written release contained within Defendant’s employment onboarding documents (attached as Exhibit D hereto); and (7) the legal representatives, successors, and assigns of the Court's or staff's immediate familyany such excluded persons.” 4638. If for any reason the Settlement is not granted preliminary and/or final approval, Defendant’s agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation or any other proceeding.