Certification of the Settlement Class for Settlement Purposes. Solely for the purposes of settling the Action, providing Class Notice, and implementing this Agreement, the Parties agree to certification of the Settlement Class for settlement purposes only. Certification of the Settlement Class for settlement purposes shall not be deemed a concession that certification of a litigation class is appropriate, nor are the GEICO COMPANIES precluded from challenging class certification in further proceedings in this Action or in any other action or proceeding if the Settlement is not finalized or finally approved or is materially altered by the Court or any appellate court. If the Settlement is not finally approved for any reason whatsoever or is materially altered by the Court or any appellate court, the certification of the Settlement Class shall be void and vacated, and the Action shall proceed as though the Settlement Class had never been certified, without prejudice to any Party to either request or oppose class certification. In such event, no doctrine of waiver, estoppel or preclusion may be asserted in any litigated certification proceedings in this Action or in any other action or proceeding. No agreements made by or entered into by the GEICO COMPANIES in connection with the Settlement may be used by Plaintiffs, any Person in the proposed Settlement Class or any other Person to establish any of the elements of class certification in any litigated certification proceedings, whether in this Action or any other action or proceeding.
Certification of the Settlement Class for Settlement Purposes. 1. In accordance with the procedures set forth below, Representative Plaintiffs will file a motion pursuant to Fed. R. Civ. P. 15(a) seeking leave to file an amended complaint to assert allegations in support of and to seek certification of a Settlement Class. Representative Plaintiffs will then seek from the Court preliminary, followed by final, certification of the Settlement Class pursuant to Fed. R. Civ. P. 23 in order to effectuate this settlement. At the same time that Representative Plaintiffs seek preliminary certification of the Settlement Class from the Court, SHC and LOMG will seek appointment by the Court as Class Counsel pursuant to Fed. R. Civ. P. 23(g). Representative Plaintiffs will seek certification of the Settlement Class as a Rule 23(b)(3) class. Defendants agree that they will not oppose Representative Plaintiffs’ motion for leave to amend their respective complaints, their motions for preliminary and final class certification, their request to be appointed as class representatives, or the request for appointment of SHC and LOMG as Class Counsel.
Certification of the Settlement Class for Settlement Purposes. 3.1 Within ten (10) days of the execution of this Agreement, Plaintiff shall file an unopposed Motion for Preliminary Approval of the Settlement, attaching this Agreement with exhibits, wherein she will move the Court for (1) entry of a Preliminary Approval Order, preliminarily approving the Settlement as fair, adequate, and reasonable (substantially in the form attached as Exhibit A), (2) certification of the Settlement Class for purposes of settlement only, (3) appointment of Plaintiff as the Settlement Class Representative and Plaintiff’s Counsel as counsel for the Settlement Class (“Class Counsel”), (4) approval of the notice program and procedures for objecting and requesting exclusion, and
