Certification of Settlement Class for Settlement Purposes Only. 112. The Parties agree, for settlement purposes only, that the Settlement Class shall be certified and proceed as a class action under Federal Rule of Civil Procedure 23, with a class consisting of all Settlement Class Members, and with Plaintiffs as Class Representatives, and with Class Counsel as counsel for the Settlement Class Members.
Certification of Settlement Class for Settlement Purposes Only. (a) For purposes of this Settlement only, the Parties stipulate to the certification of the Settlement Class under California law (California Code of Civil Procedure §382 and Rules of Court, rule 3.769) for settlement purposes only. The Parties agree that this Settlement Agreement is contingent upon the approval and certification by the Court of the Settlement Class for settlement purposes only.
Certification of Settlement Class for Settlement Purposes Only. 3.1 The Parties hereby agree, subject to the approval of the Court, that the Action shall be deemed, for purposes of settlement only, to satisfy the requirements for class certification pursuant to Federal Rule of Civil Procedure 23(b)(3), and shall be certified as a class for settlement purposes only. Any class certification order entered in this Action pursuant to the Settlement, this Agreement, or otherwise shall not constitute a waiver or admission, in this or in any other proceeding, by the Cruise Defendants of a finding or evidence that Plaintiff’s claims, claims of any Person in the Settlement Class, or any Released Claims are appropriate for class treatment or that any requirement for class certification is otherwise satisfied in this Action. In the event that the Settlement or this Agreement does not become effective, either because the Effective Date does not occur for any other reason whatsoever or because the Agreement is later determined or declared to be null and void, in part or in full, the Court’s Preliminary Approval Order certifying the Settlement Class for settlement purposes shall be null and void and shall no longer be in effect. By entering into the Settlement and this Agreement, Cruise Defendants in no way waive their respective rights to challenge Plaintiff’s allegations that a class may be certified in this Action.
Certification of Settlement Class for Settlement Purposes Only. Experian disputes that the elements of Federal Rule of Civil Procedure 23 are satisfied for purposes of a litigation class, disputes that a litigation class would be manageable, and denies that any litigation class may be certified in this action. However, solely for purposes of avoiding the expense and inconvenience of further litigation, Experian does not oppose certification of the Settlement Class for settlement purposes only. No statements, representations, or agreements made by Experian in connection with the Settlement may be used to establish any of the elements of class certification, other than for settlement purposes. Preliminary certification of the Settlement Class shall not be deemed a concession that certification of a litigation class is appropriate, nor is Experian estopped from challenging class certification in further proceedings in this action or in any other action, if the Settlement is not finally approved.
Certification of Settlement Class for Settlement Purposes Only. Equifax denies that the elements of Federal Rule of Civil Procedure 23 are satisfied for purposes of a litigation class, denies that a litigation class would be manageable, and denies that any litigation class may be certified in the Lawsuit. However, solely for purposes of avoiding the expense and inconvenience of further litigation, Equifax does not oppose certification of the Settlement Class for settlement purposes only.
Certification of Settlement Class for Settlement Purposes Only. 3.1. As part of the Settlement, and for purposes of Settlement only, Defendant conditionally agrees to certification of the Settlement Class under Rule 23 of the Federal Rules of Procedure by entry of the Preliminary Approval Order attached hereto as Exhibit C.
Certification of Settlement Class for Settlement Purposes Only. Defendants dispute that the elements of Arkansas Rule of Civil Procedure 23 are satisfied for purposes of a litigation class, dispute that a litigation class would be manageable, and deny that any litigation class may be certified in the Lawsuit. However, solely for purposes of avoiding the expense and inconvenience of further litigation, Defendants do not oppose certification, for settlement purposes only, of the Settlement Class. No agreements made by Defendants in connection with the Settlement may be used by Plaintiff, any Settlement Class Member, or any other person to establish any of the elements of class certification other than for settlement purposes. Preliminary certification of a Settlement Class shall not be deemed a concession that certification of a litigation class is appropriate, nor are Defendants estopped or otherwise precluded from challenging class certification in further proceedings in the Lawsuit or in any other action if the Settlement is not finally approved.
Certification of Settlement Class for Settlement Purposes Only. Defendants deny that a class properly may be certified in the Actions. Solely for purposes of avoiding the expense and inconvenience of further litigation, Defendants do not oppose the certification for settlement purposes only of the Settlement Class, which includes the Injunctive Relief Class and the Claims Class, in the Xxxxxx Action. No agreements made by Defendants in connection with the Settlement may be used by Plaintiffs, any person in the Settlement Class or any other person to establish any of the elements of class certification other than for settlement purposes. Preliminary certification of the Settlement Class shall not be deemed a concession that certification of a litigation class is appropriate, nor are Defendants estopped from challenging class certification in further proceedings in the Action or in any other action if the Settlement is not finalized or finally approved. If the Settlement is not approved, the Parties shall be returned to the status quo ante as of the date of execution of the Prior Agreement for all litigation purposes, as if no settlement had been negotiated or entered into.
Certification of Settlement Class for Settlement Purposes Only. HSBC Defendants dispute that a class would be manageable and further deny that a class properly may be certified in the Xxxxx Action or any other action. However, solely for purposes of avoiding the expense and inconvenience of further litigation, HSBC Defendants do not oppose the certification for settlement purposes only of the Settlement Class. No agreements made by HSBC Defendants in connection with the settlement may be used by Plaintiffs, any Settlement Class Member, or any other person, to establish any of the elements of class certification, other than for settlement purposes. Preliminary certification of a Settlement Class shall not be deemed a concession that certification of a litigation class is appropriate, nor are HSBC Defendants estopped from challenging class certification in further proceedings in the Xxxxx Action or in any other action, if the settlement is not finally approved. Nor shall this agreement be deemed to limit the Plaintiffs, in the event that the Settlement Class is not certified, from later seeking certification of a different class in any litigation pursuant to Federal Rule of Civil Procedure 23.
