Adequacy of Representation Sample Clauses

Adequacy of RepresentationPursuant to Rule 23 of the Federal Rules of Civil Procedure, and for the purposes of the Settlement only, the Court hereby affirms its determinations in the Preliminary Approval Order certifying Plaintiffs as Class Representatives for the Settlement Class and appointing Lead Counsel as Class Counsel for the Settlement Class. Plaintiffs and Lead Counsel have fairly and adequately represented the Settlement Class both in terms of litigating the Action and for purposes of entering into and implementing the Settlement and have satisfied the requirements of Federal Rules of Civil Procedure 23(a)(4) and 23(g), respectively.
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Adequacy of RepresentationPursuant to Rule 23 of the Federal Rules of Civil Procedure, and for the purposes of the Settlement only, the Court hereby affirms its determinations in the Preliminary Approval Order certifying Lead Plaintiff as the Class Representative for the Settlement Class and appointing Lead Counsel as Class Counsel for the Settlement Class. Lead Plaintiff and Lead Counsel have fairly and adequately represented the Settlement Class both in terms of litigating the Action and for purposes of entering into and
Adequacy of RepresentationPursuant to Rule 23 of the Federal Rules of Civil Procedure, and for the purposes of the Settlement only, the Court hereby appoints Lead Plaintiffs as Class Representatives for the Settlement Class, and appoints Lead Counsel Xxxxx Xxxxxxxx Xxxxxxx & Toll PLLC and Xxxxxxxxx Xxxxxxxx Xxxxxx & Xxxxxxxxx LLP as Class Counsel for the Settlement Class. Lead Plaintiffs and Lead Counsel have fairly and adequately represented the Settlement Class both in terms of litigating the Action and for purposes of entering into and implementing the Settlement and have satisfied the requirements of Federal Rules of Civil Procedure 23(a)(4) and 23(g), respectively.
Adequacy of Representation. 12. The adequacy requirement under Federal Rule of Civil Procedure 23(a)(4) has two requirements: (1) “the interests of the named plaintiffs must be sufficiently aligned with those of the absentees,” and (2) “class counsel must be qualified and must serve the interests of the entire class.” Xxxxxxxx x. Amchem Prods, Inc., 83 F.3d 610, 630 (3d Cir. 1996).
Adequacy of RepresentationClass Plaintiffs Xxxxxxxx Xxxxx, Xxxxxxx Xxxxxxx, and Xxxxxxxx Xxxxxxxxxx (collectively, “Class Plaintiffs”) have adequately represented the Settlement Class for purposes of entering into and implementing the settlement. Xxxxxx Xxxxxx and Xxxx Xxxxxxx of Xxxxxx & Xxxxxxx, P.C. are experienced and adequate Class Counsel. Class Plaintiffs and Class Counsel have satisfied the requirements of Fed. R. Civ. P. 23(a)(4), and 23(g).
Adequacy of Representation. Rule 23(a)(4) requires that “the representative parties will fairly and adequately protect the interests of the class.” Fed. R. Civ. P. 23(a)(4). To satisfy this requirement, the named class representatives must “not possess interests which are antagonistic to the interests of the class.” In re Imprelis, 2013 U.S. Dist. LEXIS 18332, at *12. The inquiry into the adequacy of the representative parties examines whether “the putative named plaintiff has the ability and the incentive to represent the claims of the class vigorously, that he or she has obtained adequate counsel, and that there is no conflict between the individual’s claims and those asserted on behalf of the class.” Eggs, 284 F.R.D. at 261. Plaintiffs have no conflicts with the Settlement Class members. See Amchem Prods., 521 U.S. at 625 (holding that a class representative must have no interests antagonistic to the class). They meet the adequacy requirement of Rule 23(a)(4).
Adequacy of RepresentationThe Court finds that Class Counsel and Plaintiffs have fully and adequately represented the Settlement Class for purposes of entering into and implementing the Settlement and have satisfied the requirements of Federal Rule of Civil Procedure 23(a).
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Adequacy of Representation. There are no apparent conflicts of interest between the Named Plaintiffs and the Preferred Trusts Settlement Class, or among the members of the Preferred Trusts Settlement Class. Plaintiffs’ Counsel will fairly and adequately represent and protect the interests of the Preferred Trusts Settlement Class. Accordingly, the Named Plaintiffs and R. Xxxxxxxxx Xxxxxxx, Xxx X. Xxxxxxxx, Xxxxx X. Xxxxxx, X. Xxxxxxx Xxxxxxx, and Xxxxxxx X. Xxxxx of the firm Xxxxxxx Xxxxxx Xxxxxxxxx & Xxxxxxx, P.C. (“Plaintiffs’ Counsel” or “Class Counsel”), have satisfied the requirements of Rule 23 and are hereby appointed and approved as representatives of the Preferred Trusts Settlement Class and Counsel for the Preferred Trusts Settlement Class, respectively.
Adequacy of Representation. 22 Rule 23(a)(4) requires that the Class Representative parties “fairly and adequately 23 represent the interests of the class.” There are two issues to be resolved for adequacy: (1) 24 whether the Class Representatives have interests that conflict with the proposed Class; 25 and (2) the qualifications and competency of proposed Class Counsel. In re Live Concert 26 Antitrust Litig., 247 X.X.X. 00, 000 (X.X. Cal. 2007). Regarding qualifications of 27 proposed Class Counsel, the Court should analyze “(i) the work counsel has done in 28 identifying or investigating potential claims in the action; (ii) counsel’s experience in 1 handling class actions, other complex litigation, and the types of claims asserted in the 3 will commit to representing the class.” Fed. R. Civ. P. 23(g)(1)(A). 4 The Class Representatives do not have any conflict and are appropriate 5 representatives of the claims and injuries suffered by the class. Xxxxxx Decl. ¶23.
Adequacy of Representation. 45. Plaintiffs’ interests are coextensive with those of the members of the proposed Classes. Each suffered risk of loss and credit harm and identity theft caused by Equifax’s wrongful conduct and negligent failure to safeguard their data, the injuries suffered by Plaintiffs and the Class members are identical (i.e. the costs to monitor and repair their credit through a third-party service), and Plaintiffs’ claims for relief are based upon the same legal theories as are the claims of the other Class members. Plaintiffs are willing and able to represent the proposed Classes fairly and vigorously.
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