Certification of a Settlement Class Clause Samples

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, EUCPs shall seek, and O.K. Foods shall take no position with respect to, appointment of Lead Counsel as Settlement Class Counsel for purposes of this settlement and certification in the Action of the following Settlement Class: All persons and entities who indirectly purchased the following types of raw chicken, whether fresh or frozen: whole birds (with or without giblets), whole cut-up birds purchased within a package, breast cuts or tenderloin cuts, but excluding chicken that is marketed as halal, kosher, free range, organic, diced, minced, ground, seasoned, flavored or breaded—from defendants or co-conspirators for personal consumption in the Repealer Jurisdictions from January 1, 2012 to July 31, 2019. The period from and including January 1, 2012 until July 31, 2019 refers to and shall mean the “Settlement Class Period.” Class members will be given a new opportunity to be excluded from the Settlement Class pursuant to Federal Rule of Civil Procedure 23(e)(4).

Certification of a Settlement Class. As part of the motion for Preliminary Approval of this Settlement Agreement, Plaintiffs shall seek, and Tyson shall take no position with respect to,3 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: 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, 2019.4

Certification of a Settlement Class. As part of the motion for Preliminary Approval of this Settlement, DPPs shall seek, and Cargill shall take no position with respect to,3 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 any Defendant or alleged co-conspirator in the United States at any time during the Settlement Class Period. Specifically excluded from the Settlement Class are Defendants and any alleged co-conspirators identified in the Action; the officers, directors or employees of any Defendant or alleged co-conspirator; any entity in which any Defendant or alleged co-conspirator has a controlling interest; and any affiliate, legal representative, heir or assign of any Defendant or alleged co-conspirator. Also excluded from the Settlement Class are any federal, state or local governmental entities, any judicial officer presiding over the Action and the members of his/her immediate family and judicial staff, and any juror assigned to the 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. 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 Rules of Civil Procedure 23(b)(3) and 23(b)(2), 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 Agreement fails to receive the Court’s approval or otherwise fails to become effective, including, but not limited to, the Judgment not becoming final as provided in § IX of this Agreement, then Defendants retain all rights and defenses that they had preceding the execution of this Agreement to object to the maintenance of this Litigation as a class action and, in that event, nothing in this Agreement or other papers, negotiations or proceedings associated with the settlement and not otherwise disclosed in this Class Action 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 Tyson shall take no position with respect to,2 appointment of Putative 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 commercial and institutional purchasers in the United States and its territories that purchased turkey, once or more, other than directly from Defendants, entities owned or controlled by Defendants, or other producers of turkey, from January 1, 2010 to January 1, 2017. Excluded from the Nationwide Class are the Court and its personnel, and any Defendants and their parent or subsidiary companies.

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 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.