Common use of ALL PARTIES RECOMMEND APPROVAL OF THE SETTLEMENT Clause in Contracts

ALL PARTIES RECOMMEND APPROVAL OF THE SETTLEMENT. 3.01 Defendants’ Position on the Conditional Certification of Settlement Class. Defendants dispute that a class would be manageable and further deny that a litigation class properly could be certified on the claims asserted in this Litigation. However, solely for purposes of avoiding the expense and inconvenience of further litigation, Defendants do not oppose the certification of the Settlement Class for the purposes of only this Settlement. Preliminary certification of the Settlement Class will not be deemed a concession that certification of a litigation class is appropriate, nor would Defendants be precluded from challenging class certification in further proceedings in this Litigation or in any other action if the Settlement Agreement is not finalized or finally approved. If the Settlement Agreement is not finally approved by the Court for any reason whatsoever, the certification of the Settlement Class will be void, and no doctrine of waiver, estoppel, or preclusion will be asserted in any litigated certification proceedings in this Litigation or any other judicial proceeding. No agreements made by or entered into by Defendants in connection with the Settlement Agreement may be used by Plaintiffs, any Settlement Class Member, or any other person to establish any of the elements of class certification in any litigated certification proceedings, whether in this Litigation or any other judicial proceeding.

ALL PARTIES RECOMMEND APPROVAL OF THE SETTLEMENT. 3.01 Defendants’ Capital One’s Position on the Conditional Certification of Settlement Class. Defendants dispute Capital One disputes that a litigation class would be manageable and further deny denies that a litigation class properly could be certified on the claims asserted in this Litigation. However, solely for purposes of avoiding the expense and inconvenience of further litigation, Defendants do Capital One does not oppose the certification of the Settlement Class for the purposes of only this Settlement. Preliminary certification of the Settlement Class will not be deemed a concession that certification of a litigation class is appropriate, nor would Defendants Capital One be precluded from challenging class certification in further proceedings in this Litigation or in any other action if the Settlement Agreement is not finalized or finally approved. If the Settlement Agreement is not finally approved by the Court for any reason whatsoever, the certification of the Settlement Class will be void, and no doctrine of waiver, estoppel, or preclusion will be asserted in any litigated certification proceedings in this Litigation or any other judicial proceeding. No agreements made by or entered into by Defendants Capital One in connection with the Settlement Agreement may be used by Plaintiffs, any Settlement Class Member, or any other person to establish any of the elements of class certification in any litigated certification proceedings, whether in this Litigation or any other judicial proceeding.

ALL PARTIES RECOMMEND APPROVAL OF THE SETTLEMENT. 3.01 Defendants’ Defendant’s Position on the Conditional Certification of Settlement Class. Defendants dispute Defendant disputes that a litigation class would be manageable and further deny maintains that a the certified litigation class properly could classes will be certified reversed on the claims asserted in this Litigationappeal. However, solely Solely for purposes of avoiding the expense and inconvenience of further litigation, Defendants do Defendant does not oppose the certification of the Settlement Class Classes for the purposes of only this Settlement. Preliminary certification of the Settlement Class Classes will not be deemed a concession that certification of a litigation class is appropriate, nor would Defendants will Defendant be precluded from challenging class certification in further proceedings in this Litigation or in any other action if the Settlement Agreement is not finalized or finally approved. If the Settlement Agreement is not finally approved by the Court for any reason whatsoever, the certification of the Settlement Class Classes will be void, and no doctrine of waiver, estoppel, or preclusion will be asserted in any litigated certification proceedings in this Litigation or any other judicial proceeding. No agreements made by or entered into by Defendants Defendant in connection with the Settlement Agreement may be used by Plaintiffs, any Settlement Class Member, or any other person to establish any of the elements of class certification in any litigated certification proceedings, whether in this Litigation or any other judicial proceeding.