Stipulation to Class Certification Clause Samples

Stipulation to Class Certification. 22. The Settling Parties hereby stipulate for purposes of this Settlement only that the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) are satisfied and, subject to Court approval, the Settlement Class defined in Paragraph 19 shall be certified for settlement purposes as to Lafarge. The Settling Parties stipulate and agree to the conditional certification of the Settlement Class for purposes of this Settlement only. Should, for whatever reason, the Settlement not receive Final Approval, the parties’ stipulation to class certification as part of the Settlement shall become null and void. Lafarge expressly reserves its rights to oppose class certification should this Settlement not be granted Final Approval. 23. Neither this Settlement Agreement, nor any statement, transaction, or proceeding in connection with the negotiation, execution or implementation of this Settlement Agreement, should be intended to be, construed as, or deemed to be evidence of an admission or concession by Lafarge that a class should be or should have been certified for any purposes other than settlement, and none of them shall be admissible in evidence for any such purpose in any proceeding.

Stipulation to Class Certification a. The Settling Parties stipulate and agree, for settlement purposes only, that all prerequisites for certification of the Settlement Class pursuant to Federal Rule of Civil Procedure 23 are met, and Plaintiffs will seek the Court’s certification of the Settlement Class for settlement purposes in their motion for entry of the Final Approval Order and Judgment. b. Should, for whatever reason, a Final Approval Order and Judgment not issue or the Settlement Agreement be otherwise rescinded, the Settling Parties’ stipulation to class certification as part of the Settlement shall become null and void, and no party may cite to or refer to the Court’s approval of the Settlement Class as persuasive or binding authority with respect to any motion to certify any such class or any motion opposing such certification. Groupon expressly reserves its rights to oppose class certification should the Court not issue a Final Approval Order and Judgment.

Stipulation to Class Certification. The Parties stipulate that the requirements are satisfied and that the Settlement Class may be conditionally certified as a class pursuant to Fed. R. Civ. P. 23(a) and (b)(3) subject to Court approval and for settlement purposes only in accordance with the terms of this Agreement and without prejudice to Defendants’ 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 Effective Date does not occur or this Agreement fails to be fully implemented, Defendants reserve all rights to object to any subsequent motion to certify any class in this Litigation, and no representation, concession, or stipulation made in connection with the Settlement or this Agreement shall be considered law of the case or an admission by Defendants or to have any kind of preclusive effect against Defendants or to give rise to any form of estoppel or waiver by Defendants in this Litigation. Defendants reserve all rights to object to any motion to certify any class in any other proceeding, and no representation, concession, or stipulation made in connection with the Settlement or this Agreement shall be considered an admission by Defendants or to have any kind of preclusive effect against Defendants or to give rise to any form of estoppel or waiver by Defendants in any other proceeding.

Stipulation to Class Certification. 21. The Settling Parties hereby stipulate for purposes of this Settlement only that the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) are satisfied and that subject to Court approval, the Settlement Class, as defined in Paragraph 17, shall be certified for settlement purposes as to Defendants. The Settling Parties stipulate and agree to the conditional certification of the Settlement Class for purposes of this Settlement only. Should, for whatever reason, the Settlement not receive Final Approval or otherwise be rescinded, the Settling Parties’ stipulation to class certification as part of the Settlement shall become null and void, and no party may cite to or refer to the Court’s approval of the Settlement Class as persuasive or binding authority with respect to any motion to certify any such class or any Defendants’ motion opposing such certification. Defendants expressly reserve their rights to oppose class certification should this Settlement not be granted Final Approval. 22. The Settling Parties agree that any filings or orders related to conditional class certification sought pursuant to Paragraph 21 are irrelevant and may not be cited or referred to in any way in the Indirect Purchaser action pending in the United States District Court for the Eastern District of Virginia, Lead Civil Action No. 3:18-cv-00850-JAG.

Stipulation to Class Certification. 48. Subject to the Court's approval in each of the respective Affected Actions and for the purposes of this Agreement, the parties to each of the Affected Actions agree and stipulate to the certification of the Rubber Chemicals Class, the EPDM Class and the NBR Class as set forth in the Implementing Settlement Agreements attached hereto as Exhibits A through C.

Stipulation to Class Certification. 33. Subject to the Court's approval and for the purposes of this Settlement Agreement only, the undersigned agree to the certification of the following Settlement Class in the Action (the “Settlement Class”): All individuals and entities in the United States who purchased Traditional Reagents directly from any of the Defendants, or their subsidiaries or affiliates, during the Settlement Class Period. Excluded from the Settlement Class are Defendants, subsidiaries, affiliates and Related Persons of Defendants and federal governmental entities. The Settlement does not include purchases of Proprietary Reagents because Class Counsel, in conjunction with its economic expert, determined that there was no class-wide impact from the alleged conspiracy for such purchases.

Stipulation to Class Certification. 34. By its Class Certification Order of August 3, 2007, as amended on January 8, 2008, the Court found that the requirements of the Federal Rules of Civil Procedure 23(a) and 23(b)(3) were satisfied in this case and certified the following class: All individuals and entities who purchased OSB structural panel products in the United States directly from Defendants during the Class Period from June 1, 2002 through February 24, 2006 (the “Class”). Excluded from the Class are Defendants and subsidiaries and affiliates of Defendants and all federal, state or local governmental entities. 35. Subsequently, notice was given to the Class, and individuals and entities within the Class, as defined, have been given the opportunity to request exclusion from the Class. Those who validly request exclusion from the Class are the Opt-Outs.

Stipulation to Class Certification a. The Parties hereby stipulate for the purposes of Settlement only that the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) are satisfied and, subject to Court approval, the Settlement Class shall be certified for settlement purposes. The Parties stipulate and agree to the conditional certification of the Settlement Class for purposes of this Settlement only. Should, for whatever reason, the Settlement not receive Final Approval, the parties’ stipulation to class certification as part of the Settlement shall become null and void. b. Neither this Agreement, nor any statement, transaction, or proceeding in connection with the negotiation, execution, or implementation of this Agreement, should be intended to be, construed as, or deemed to be evidence of an admission or concession by Target and Nice-Pak that a class should be or should have been certified for any purposes other than settlement, and none of them shall be admissible in evidence for any such purpose in any proceeding.

Stipulation to Class Certification. 13 3.1. The Settling Parties hereby stipulate, for purposes of this Settlement 14 only, that the requirements of Federal Rules of Civil Procedure 23(a), 23(b)(2), and 15 23(b)(3) are satisfied and, subject to Court approval, the Settlement Class shall be 16 certified for settlement purposes pursuant to the terms and conditions set forth in this 17 Settlement Agreement. The Settling Parties stipulate and agree to conditional 18 certification of the Settlement Class for purposes of this Settlement only. Should the 19 Court not grant Final Approval of the Settlement, for whatever reason, this 20 stipulation to class certification shall become null and void. 21