Allegations of the Class Representative and Benefits of Settlement Sample Clauses

Allegations of the Class Representative and Benefits of Settlement. 10 (a) Based on the exchange of information and documents, the mediation session, and 11 discussions between counsel, Class Representative and Class Counsel 12 positions and evaluated the value of the claims of the Class. The information and documents exchanged 13 by the Parties and settlement discussions are sufficient to reliably assess the merits of the Parties 14 respective positions and to compromise the issues on a fair and equitable basis. 15 (b) Plaintiff and Class Counsel believe that the claims, causes of action, allegations 16 and contentions asserted in the Action have merit. However, Plaintiff and Class Counsel recognize and 17 acknowledge the expense and delay of continued lengthy proceedings necessary to prosecute the Action 18 against Defendant through trial and through appeals. Class Counsel has taken into account the uncertain 20 difficulties and delays inherent in such litigation, and the potential difficulty of obtaining certification 21 of the Action as well as trying the claims of the Class Members. Class Counsel is mindful of the potential 22 problems of proof under, and possible defenses to, the claims alleged in the Action. Class Counsel 23 believes that the Settlement set forth in this Stipulation confers substantial benefits upon Plaintiff and 24 the Settlement Class Members and that an independent review of this Stipulation by the Court in the 25 approval process will confirm this conclusion. Based on their own independent investigation and 26 evaluation, Class Counsel has determined that the Settlement set forth in the Stipulation is in the best 27 interests of Plaintiff and the Class Members. 28 / / /