Certification for Settlement Purposes Only. (1) The Parties agree that the Proceeding shall be certified as a class proceeding as against the Settling Defendants solely for purposes of settlement of the Proceeding and the approval of this Settlement Agreement by the Court.
Certification for Settlement Purposes Only. Plaintiff’s motion for class certification shall be only for the limited purpose of effectuating this Agreement. Defendant shall not take any position with respect to Plaintiff’s request for certification of the Settlement Class, provided that it is consistent with this Agreement, but reserves all rights to object to the propriety of class certification in the Action in all other contexts and for all other purposes.
Certification for Settlement Purposes Only. (1) The Parties agree that the Ontario Action shall be certified as class proceedings as against the Settling Defendants solely for purposes of settlement of the Proceedings and the approval of this Settlement Agreement by the Ontario Court.
Certification for Settlement Purposes Only. Defendants shall not take any position with respect to certification of the Settlement Class only for the limited purpose of effectuating this Agreement. The certification of the Settlement Class shall be binding only with respect to the Settlement of the Action. If this Agreement is terminated, or is reversed, vacated, or modified in any material respect by the Court or any other court, the certification of the Settlement Class shall be vacated, and the prior certified class definition of June 5, 2023 (ECF No. 92) will control.
Certification for Settlement Purposes Only. Solely for purposes of effectuating 4 the proposed Settlement, the Court finds, pursuant to Rule 23(e)(1), that the prerequisites for 5 class certification under Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure are 6 likely to be found to be satisfied as: (a) the members of the Settlement Class are so numerous 7 that joinder of all Settlement Class Members in this Action is impracticable, (b) there are 8 questions of law and fact that are common to the Settlement Class; (c) the Plaintiffs’ claims are 9 typical of the claims of the Settlement Class; (d) the interests of all Settlement Class Members 10 are adequately represented by the Plaintiffs and Class Counsel; (e) the questions of law and fact 11 common to Settlement Class Members predominate over any individualized questions of law 12 and fact; and (f) a class action is superior to other available methods for the fair and efficient 13 adjudication of the controversy. These findings shall be vacated if the Settlement is terminated 14 or if for any reason the Effective Date does not occur.
Certification for Settlement Purposes Only. Pursuant to Mass. Gen. Laws ch. 93A § 9, the Court conditionally certifies, for settlement purposes only, the following Settlement Class: All persons residing in the Commonwealth of Massachusetts who, within four years prior to the filing of this action, ADT placed in excess of two telephone calls regarding a debt or alleged debt within a seven-day period to their residence, cellular telephone, or other provided telephone number. In connection with this conditional certification, the Court makes the following preliminary findings for settlement purposes only:
Certification for Settlement Purposes Only. 2 6. The Settlement Agreement defines the Settlement Class as follows,: 3 All Persons in the United States who, between March 30, 2016 and the Settlement Date, registered, used, opened, or downloaded the Zoom Meetings 4 Application (“App”), except for (i) all Persons who have only registered, used, opened, or downloaded the Zoom Meetings App through an Enterprise-Level 5 Account or a Zoom for Government Account, (ii) Zoom and its officers and directors, and (iii) the Judge or Magistrate Judge to whom the action is 6 assigned and any member of those Judges' staffs or immediate family members.
Certification for Settlement Purposes Only. The certification of the Settlement Class shall be binding only with respect to the Settlement of the Action and only if the Judgment contemplated by this Settlement Agreement becomes final and the Effective Date occurs. Nothing in this Settlement Agreement shall serve in any fashion, either directly or indirectly, as evidence of or support for certification of a class, in this Action or any other action, other than for settlement purposes, and the Parties intend that the provisions herein concerning certification of the Settlement Class and Settlement Sub-Classes shall have no effect whatsoever in the event that the Settlement does not become final. Each County expressly reserves the right to contest class certification in the event the Settlement is terminated as to that County, or the Effective Date does not occur as to that County for any other reason.
Certification for Settlement Purposes Only. Defendants shall not take any position with respect to certification of the Settlement Class only for the limited purpose of effectuating this Agreement. The certification of the Settlement Class shall be binding only with respect to the Settlement of the Action. If this Agreement is terminated, or is reversed, vacated, or modified in any material respect by the Court or any other court, the certification of the Settlement Class shall be vacated, the Action shall proceed as though the Settlement Class had never been certified, and no reference to the prior Settlement Class or any documents related thereto shall be made for any purpose. Defendants reserve all rights to object to the propriety of class certification in the Action in all other contexts and for all other purposes.
Certification for Settlement Purposes Only. Defendants agree not to oppose certification of the Settlement Class only for the limited purpose of effectuating this Settlement Agreement. If the Settlement Agreement is not preliminarily or finally approved in all material respects, Defendants maintain all rights to appeal or otherwise challenge the Class Certification Order, and neither this Agreement nor Defendants’ non-opposition to certification for purposes of this Settlement may be cited as an admission by Defendants of the propriety of class certification. 1631765.1
