Certification of Settlement Classes. For the sole and limited purpose of Settlement only, the Parties stipulate to and request that the Court certify Settlement Class A, Settlement Class B, and Settlement Class C (defined below), which stipulation is contingent upon the occurrence of the Effective Date. Should the Effective Date not occur, this Agreement shall be void and will not constitute, be construed as, or be admissible in evidence as, an admission of any kind or be used for any purpose in the Lawsuit, the Related Actions, or in any other pending or future action. The Court’s certification of Settlement Class A, Settlement Class B, and Settlement Class C shall not be deemed to be an adjudication of any fact or issue for any purpose other than the accomplishment of the provisions of this Agreement, and shall not be considered the law of the case, res judicata, or collateral estoppel in the Lawsuit, the Related Actions, or any other proceeding unless and until the Court enters an order of Judgment, and whether or not the Judgment becomes Final, the Parties’ agreement to class certification for settlement purposes only (and any statements or submissions made by the Parties in connection with seeking the Court’s approval of this Agreement) shall not be deemed to be any stipulation as to the propriety of class certification, or any admission of fact or law regarding any request for class certification, in any other action or proceeding, whether or not involving the same or similar claims. In the event the Court does not enter an order of Judgment, or the Judgment does not become Final, or the Agreement is otherwise terminated or rendered null and void, the Parties’ agreement to certification of the Settlement Class for settlement purposes shall be null and void and the Court’s certification order shall be vacated, and thereafter no class or classes will remain certified; provided, however, that Class Representatives and Class Counsel may thereafter seek certification of the same or a new class or classes before the Court, and the Defendants and the Additional Defendants may oppose such certification on any available grounds. Nothing in this Agreement shall be argued as support for, or admissible in, an effort to certify any class in this Court or any other court if the Court does not enter an order of Judgment and the Judgment does not become Final, nor shall anything herein be admissible in any proceeding to certify this or any other classes in any other court under any circumstances.
Certification of Settlement Classes. 1. Under Rule 23(b)(3) of the Federal Rules of Civil Procedure, and for purposes of settlement only, the following “Settlement Classes” are preliminarily certified, consisting of the following classes: Class One All persons within the United States who received one or more text message advertisements on behalf of US Coachways, Inc. at any time in the four years prior to the filing of the Complaint continuing through the date any class is certified; Class Two All persons within the United States who received more than one text message advertisements on behalf of US Coachways, Inc. at any time in the four years prior to the filing of the Complaint continuing through the date any class is certified while the telephone number that the text message was sent to was on the National Do Not Call Registry;
Certification of Settlement Classes. For settlement purposes only, the parties hereto agree that, as part of the Settlement Notice and Order (as defined below), the Court may make preliminary findings and enter an order granting provisional certification of the Settlement Classes subject to final findings and ratification in the Final Order (defined below), and appointing both Plaintiffs and Class Counsel as representatives of the Settlement Classes.
Certification of Settlement Classes
