CLASS ACTION DETERMINATION. For purposes of the proposed Settlement the Court has, by order dated September 27, 1995, certified the following class (the "Class") for settlement purposes: All persons and entities who were unitholders of record as of August 10, 1995 of limited partnership units in any of the following limited partnerships: American Income 4 Limited Partnership;
CLASS ACTION DETERMINATION. Pursuant to CPLR 901 et. seq., and for purposes of the Settlement only, the Court has conditionally certified the Action as a class action on behalf of the Settlement Class, defined as follows: The putative class of all Persons or businesses who, as of July 18, 2022, still participated in the Xxxxxx Valley Power Community Choice Aggregation Program administered by Joule and through which Columbia Utilities, Power, LLC contracted to supply renewable energy (the “CCA Program”), as a resident or small business located within a municipality participating in the CCA Program, as represented by the Individual Plaintiffs in the Action.7 Excluded from the Settlement Class are (1) those Persons who timely and validly Opt Out of the Settlement pursuant to the Settlement Notice; (2) the judicial officers to whom this case is assigned and any members of their staffs and immediate families; and (3) any heirs, assigns, or successors of any of the Persons or entities described in parts (1) and (2) of this paragraph. SETTLEMENT CLASS MEMBERS SHALL HAVE THE RIGHT TO SEEK EXCLUSION (“OPT OUT”) FROM THE SETTLEMENT ONLY AS TO THE RELEASED CLAIMS FOR MONETARY DAMAGES arising out of the causes of action asserted against Defendants, as provided further below.
CLASS ACTION DETERMINATION. For purposes of this Settlement, the Court has ordered that the Action shall be preliminarily maintained as a non-opt-out class action by the named Lead Plaintiff as Class representatives under Chancery Court Rules 23(a), 23(b)(1), and 23(b)(2), on behalf of the Settlement Class defined above.
