Certification of Settlement Class For Settlement Purposes. 14.1 After the Preliminary Approval Order and no later than twenty-eight (28) days before the Final Approval Hearing, the Class Representatives shall move for Final Approval of the Settlement and entry of Final Judgment and shall request that the preliminary certification of the Settlement Class for settlement purposes be made final. Any responsive papers shall be filed and served no later than seven (7) calendar days prior to the Final Approval Hearing.
14.2 If the Settlement is not granted final approval and the Final Approval Order is not entered in substantially the form attached hereto as Exhibit 3, the certification of the above- described Settlement Class shall be automatically vacated and shall not constitute evidence or a binding determination that the requirements for certification of a class for any other purposes in this or any other action can be or have been satisfied. In such circumstances, XXXX reserves and shall have all rights to challenge certification of a Settlement Class or any other class for any other purpose in the Action or any other action on all available grounds as if no Settlement Class had been certified.
Certification of Settlement Class For Settlement Purposes. 14.1 After the Preliminary Approval Order and no later than fourteen (14) days before the Final Approval Hearing, the Class Representatives shall move for Final Approval of the Settlement and entry of Final Judgment and shall request that the preliminary certification of the Settlement Class for settlement purposes be made final.
14.2 If the Settlement is not granted final approval and the Final Approval Order is not entered in the same or substantially the same form as Exhibit 4 hereto, the certification of the above-described Settlement Class shall be automatically vacated and shall not constitute evidence or a binding determination that the requirements for certification of a class for any other purposes in this or any other action can be or have been satisfied. In such circumstances, Wells Fargo reserves and shall have all rights to challenge certification of a Settlement Class or any other class for any other purpose in the Action or any other action on all available grounds as if no Settlement Class had been certified.
Certification of Settlement Class For Settlement Purposes. 54 15. Attorneys’ Fees and Expenses, Incentive Awards, and Individual Payments 55 16. Stay of Discovery and Other Proceedings 58
Certification of Settlement Class For Settlement Purposes. The Parties agree, for settlement purposes only, that this Action shall be certified and proceed as a class action under Federal Rules of Civil Procedure 23(b)(2) and 23(b)(3), with a class consisting of all Settlement Class Members, and with the named Plaintiffs as Representative Plaintiffs and Plaintiffs’ Counsel as counsel for the Settlement Class Members. Any certification of a conditional, preliminary or final settlement class pursuant to the terms of this Settlement shall not constitute, and shall not be construed as, an admission on the part of CVS that this Action, or any other proposed or certified class action, is appropriate for class treatment for any other purpose pursuant to Federal Rule of Civil Procedure 23 or any similar state or federal class action statute or rule. This Settlement Agreement will be without prejudice to the rights of CVS to: (a) move to dismiss or stay this Action on any applicable basis; (b) oppose final certification in this Action should this Settlement Agreement not be approved or implemented for any reason; or (c) oppose certification in any other proposed or certified class action. Neither the fact of this settlement nor this Settlement Agreement shall be used in connection with efforts in any proceeding to seek certification of any claims asserted against CVS.
Certification of Settlement Class For Settlement Purposes. 14.1 After the Preliminary Approval Order and no later than ten days before the Final Approval Hearing, the Class Representatives shall move for Final Approval of the Settlement and entry of Final Judgment and shall request that the preliminary certification of the Settlement Class for settlement purposes be made final. Class Counsel shall provide a draft of the Motion for Final Approval to Defense Counsel for review and comment on the description of claims at least ten days before it is filed. Any responsive papers shall be filed and served no later than seven calendar days prior to the Final Approval Hearing.
14.2 If the Settlement is not granted final approval and the Final Approval Order is not entered in substantially the form attached hereto as Exhibit 3, the certification of the above- described Settlement Class shall be automatically vacated and shall not constitute evidence or a binding determination that the requirements for certification of a class for any other purposes in this or any other action can be or have been satisfied. In such circumstances, XXXX reserves and shall have all rights to challenge certification of a Settlement Class or any other class for any other purpose in the Action or any other action on all available grounds as if no Settlement Class had been certified.
Certification of Settlement Class For Settlement Purposes. 14.1 Any papers in support of final approval of the Settlement shall be filed no later than sixty (60) days prior to the Final Approval Hearing. If any objections are filed, any responsive papers shall be filed and served no later than seven (7) days prior to the Final Approval Hearing.
14.2 If the Settlement is not granted final approval and the Final Approval Order and Judgment is not entered in substantially the form attached hereto as Exhibit 3, the certification of the above-described Settlement Class shall be automatically vacated and shall not constitute evidence or a binding determination that the requirements for certification of a class for any other purposes in this or any other action can be or have been satisfied. In such circumstances, SC reserves and shall have all rights to challenge certification of a Settlement Class or any other class for any other purpose in the Action or any other action on all available grounds as if no Settlement Class had been certified.
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14.1. After the Preliminary Approval Order is entered, Plaintiff shall move for Final Approval of the Settlement and entry of final Judgment.
14.2. If the Settlement is not granted final approval, or this Agreement is otherwise terminated or rendered null and void, the certification of the Settlement Class shall be 24 automatically vacated and shall not constitute evidence or a binding determination that the requirements for certification of a class for trial purposes in this or any other action can be or have been satisfied; in such circumstances, Defendant reserves and shall have all rights to challenge certification of the Settlement Class or any other class for trial purposes in the Litigation, or in any other action, on all available grounds as if no Settlement Class had been certified.
Certification of Settlement Class For Settlement Purposes. In connection with the proceedings for Preliminary and Final Approval, the Class Representatives shall seek orders (Preliminary and Final, respectively) certifying the Class pursuant to Rule 23 of the Federal Rules of Civil Procedure for purposes of this Settlement only.
