Certification of a Settlement Class. As part of the motion for Preliminary Approval of this Settlement, DPPs shall seek, and JBS shall take no position with respect to, appointment of Interim Co-Lead Counsel as Settlement Class Counsel for purposes of this Settlement and certification in the Action of the following “Settlement Class” for settlement purposes only: All persons and entities who, from January 1, 2015 through February 10, 2022, purchased for use or delivery in the United States, directly from any of the Defendants or their respective subsidiaries and affiliates, boxed or case-ready beef processed from Fed Cattle, excluding ground beef made from culled cows. Excluded from the Settlement Class are Defendants; their officers, directors or employees; any entity in which a Defendant has a controlling interest; and any affiliate, legal representative, heir or assign of a Defendant. Also excluded from this Settlement Class are any federal, state, or local governmental entities, any judicial officer presiding over this action; the members of the judicial officer’s immediate family and staff, and any juror assigned to this action.
Certification of a Settlement Class. As part of the motion for Preliminary Approval of this Settlement Agreement, Plaintiffs shall seek, and Xxxxxxxxx shall take no position with respect to,4 appointment of Interim Co-Lead Counsel as Settlement Class Counsel for purposes of this Settlement Agreement and certification in the Action of the following Settlement Class for settlement purposes only, which shall include Plaintiffs: All individuals and entities in the United States and its territories that were compensated for Broiler Grow-Out Services by a Defendant or Co-Conspirator, or by a division, subsidiary, predecessor, or Affiliate of a Defendant or Co-Conspirator, at any time during the period of January 27, 2013 through December 31, 2019.5
Certification of a Settlement Class. As part of the motion for Preliminary Approval of this Settlement, DPPs shall seek, and Xxxxxxxxxx shall take no position with respect to, appointment of Interim Co-Lead Counsel as Settlement Class Counsel for purposes of this settlement and certification in the Actions of the following “Settlement Class” for settlement purposes only:
Certification of a Settlement Class. Plaintiffs shall move the Court for certification of the following Settlement Class for settlement purposes only: All persons and entities in the United States who purchased broadcast television spot advertising directly from one or more Broadcaster Defendants in a designated market area (“DMA”) within which two or more of the Broadcaster Defendants sold broadcast television spot advertisements on broadcast television stations, including anyone who directly paid one or more Defendants for all or a portion of the cost of such broadcast television spot advertisements from January 1, 2014 to and including December 31, 2018 (the “Class Period”). For the sake of clarity, the DMAs within which two or more of the Broadcaster Defendants sold broadcast television spot advertisements on broadcast television stations are set forth in Appendix A to the consolidated Third Amended Antitrust Class Action Complaint dated March 16, 2022 and attached hereto. Excluded from the Settlement Class are Defendants, their parent companies, subsidiaries, affiliates, officers, directors, employees, assigns, successors, agents, or co-conspirators; the court, court staff, defense counsel, all respective immediate family members of these excluded entities, federal governmental entities and instrumentalities of the federal government, and states and their subdivisions, agencies and instrumentalities. ShareBuilders agrees that, for purposes of obtaining approval of this Settlement, it will not oppose Plaintiffs motion(s) for certification of the Settlement Class for settlement purposes only. The Parties agree that, if the Court does not approve the Settlement Agreement, then each side shall be returned to their pre-Settlement positions. At such point, ShareBuilders shall have the full ability to oppose any motion for certification of a litigation class, and Plaintiffs may not use anything in the Final Settlement Agreement or preliminary approval papers against ShareBuilders.
Certification of a Settlement Class. 3.1 Defendants hereby consent, solely for purposes of the settlement set forth herein, to the certification of a nationwide Settlement Class pursuant to Federal Rule of Civil Procedure 23(b)(3), to the appointment of Class Counsel as counsel for the Settlement Class, and to the conditional approval of Plaintiffs as suitable representatives of the Class; provided, however, that if this Stipulation fails to receive Court approval or otherwise fails to be consummated, including, but not limited to, the Judgment not becoming final as provided in § IX of this Stipulation, then Defendants retain all rights they had immediately preceding the execution of this Stipulation to object to the maintenance of this Litigation as a class action, and in that event, nothing in this Stipulation or other papers or proceedings related to the settlement shall be used as evidence or argument by any Party concerning whether the Litigation may properly be maintained as a class action.
Certification of a Settlement Class. As part of the motion for Preliminary Approval of this Settlement, CIIPPs shall seek, and JBS shall take no position with respect to, appointment of Interim Co-Lead Counsel as Settlement Class Counsel for purposes of this Settlement and certification in the Action of the following “Settlement Class” for settlement purposes only: All entities who indirectly purchased Pork from Defendants or co- conspirators or their respective subsidiaries or affiliates in the United States during the Settlement Class Period for their own business use in commercial food preparation. Specifically excluded from the Settlement Class are Defendants; the officers, directors or employees of any Defendant; the parent companies of any Defendant; the subsidiaries of any Defendant and any entity in which any Defendant has a controlling interest; purchasers of Pork that purchased Pork directly from any Defendant, including those that directly purchased Pork for resale in an unmodified and untransformed form; and any affiliate, legal representative, heir or assign of any Defendant. Also excluded from the Settlement Class are any federal, state or local governmental entities, any judicial officer presiding over this action and the members of his/her immediate family and judicial staff, any juror assigned to this action.
Certification of a Settlement Class. As part of the motion for preliminary approval of the proposed Settlement, Lead Plaintiffs shall seek, and E*TRADE shall take no position with respect to, the certification in the Action of the following “Settlement Class” for settlement purposes only: All persons in the United States who, between May 26, 2016, and October 15, 2019, were charged Hard-To-Borrow Interest by E*TRADE as a result of Short Selling securities on an E*TRADE platform.
Certification of a Settlement Class. As part of the motion for Preliminary Approval of this Settlement, DPPs shall seek, and Tyson shall take no position with respect to,2 appointment of Interim Co-Lead Counsel as Settlement Class Counsel for purposes of this Settlement and certification in the Action of the following Settlement Class for settlement purposes only: All persons and entities who directly purchased Turkey from Defendants or co-conspirators in the United States during the Settlement Class Period. Specifically excluded from this Class are the Defendants and co- conspirators; the officers, directors or employees of any Defendant or co- conspirator; any entity in which any Defendant or co-conspirator has a controlling interest; and any affiliate, legal representative, heir or assign of any Defendant or co-conspirator. Also excluded from this Class are any federal, state or local governmental entities, any judicial officer presiding over this action and the members of his/her immediate family and judicial staff, any juror assigned to this action, and any co-conspirator identified in this action.
Certification of a Settlement Class. Solely for the purposes of effectuating their settlement, providing Class Notice, and implementing this Agreement, the Parties agree to conditional certification of the Settlement Class. Preliminary certification of the Settlement Class shall not be deemed a concession that certification of a litigation class is appropriate, nor are the Defendants precluded from challenging class certification in further proceedings in the Action or in any other action if the Settlement is not finalized or finally approved by the Court. If the Court for any reason whatsoever does not finally approve the Settlement, the certification of the Settlement Class will be void, and no doctrine of waiver, estoppel, or preclusion may be asserted in any litigated certification proceedings in the Action or in any other action. No agreements made by or entered into by the Defendants in connection with the Settlement may be used by Plaintiff, any person in the proposed Settlement Class, or any other person for any purpose, including to establish any claims against Defendants or to establish the elements of class certification in any litigated certification proceedings, whether in the Action or any other judicial proceeding. This settlement, including payment of the Settlement Fund, is contingent on the Court's certification of this Settlement Class, approval of this settlement, successful resolution of any objections, and all other requirements for approval to effectuate this settlement according to the terms hereof.
Certification of a Settlement Class. As part of the motion for Preliminary Approval of this Settlement, DPPs shall seek, and Xxxxxxxx shall take no position with respect to, appointment of Interim Co-Lead Counsel as Settlement Class Counsel for purposes of this Settlement and certification in the Action of the following Settlement Class for settlement purposes only: All persons who purchased Broilers directly from any of the Defendants or any co-conspirator identified in this action, or their respective subsidiaries or affiliates for use or delivery in the United States from at least as early as January 1, 2008 until December 20, 2019. Specifically excluded from the Settlement Class are the Defendants; the officers, directors or employees of any Defendant; any entity in which any Defendant has a controlling interest; and any affiliate, legal representative, heir or assign of any Defendant. Also excluded from this Settlement Class are any federal, state, or local governmental entities, any judicial officer presiding over this action and the members of his/her immediate family and judicial staff, and any juror assigned to this action.
