Class Certification. Solely for the purposes of this Settlement, the Parties stipulate and agree to certification of the claims asserted on behalf of Class Members. As such, the Parties stipulate and agree that in order for this Settlement to occur, the Court must certify the Class as defined in this Agreement.
Class Certification. Solely for purposes of the Settlement and for no other purpose, Defendants stipulate and agree to: (a) certification of the Action as a class action pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure on behalf of the Settlement Class; (b) certification of Lead Plaintiffs as Class Representatives for the Settlement Class; and (c) appointment of Lead Counsel as Class Counsel for the Settlement Class pursuant to Rule 23(g) of the Federal Rules of Civil Procedure.
Class Certification. Solely for the purposes of this Settlement, Plaintiff and the Company (hereafter, the “Parties”) agree that this Case should be certified and finally adjudicated as a class action on behalf of the Settlement Class defined herein.
Class Certification. A. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate to class certification of the following Class (the members of which are referred to as the “Class Members”): All individuals in California who, between December 16, 2015 and September 16, 2020, purchased software or another product from Defendants and to whom Defendants made an automatic renewal offer or continuous service offer. Excluded from the Class are all employees of Defendants, all employees of Plaintiff’s counsel, and the judicial officers to whom this case is assigned.
B. Solely for the purpose of effectuating the Settlement, the Parties stipulate to the filing of a First Amended Complaint which identifies Bitdefender S.R.L. and Avangate B.V. as Defendants and sets forth the foregoing definition of the Class. As part of the motion for preliminary approval, the Parties will request that the Court grant leave for the filing of the First Amended Complaint.
C. The Parties will request that the Defendants shall be deemed to have denied all material allegations of the First Amended Complaint without the necessity of Defendants filing an answer to the First Amended Complaint. If the Settlement is not granted final approval by the Court, the Parties stipulate and agree that (a) the First Amended Complaint shall be stricken and (b) the Parties will return to the status quo ante as if no Settlement had been entered into. Moreover, if the Settlement is not granted final approval by the Court, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of this Agreement, and shall not be deemed to have waived any substantive or procedural rights of any kind.
D. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate that the law firm of Dostart Xxxxxxx & Xxxxxxx LLP will be appointed as counsel for the Class (“Class Counsel”).
E. Solely for the purpose of effectuating this Settlement, and subject to Court approval, the Parties stipulate that XxXxxxxxx will be appointed as Class Representative.
F. Subject to the Parties’ right to jointly propose a different service provider, and subject to Court approval, the Parties agree that CPT Group, Inc. will be the Settlement Administrator. The Settlement Administrator will be responsible for: disseminating the mailed Summary Class Notice as described in this Agreement; establishing and maintaining the Settlement Website; rese...
Class Certification. 2.1 Solely for the purpose of implementing this Settlement Agreement and effectuating the Settlement, U-Haul agrees to stipulate to the certification of the Settlement Class and will not oppose Plaintiffs’ request for certification.
2.2 Solely for the purpose of implementing this Settlement Agreement and effectuating the Settlement, U-Haul stipulates that Plaintiffs are adequate representatives of the Settlement Class, and that Class Counsel are adequate counsel for the Settlement Class.
2.3 If the Settlement set forth in this Settlement Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of this Settlement Agreement, this Settlement Agreement, and the certification of the Settlement Class provided for herein, shall be vacated, and the Lawsuit shall proceed as though the Settlement Class had never been certified, without prejudice to any Person’s or Party’s position on the issue of class certification or any other issue. The Parties’ agreement to the certification of the Settlement Class is also without prejudice to any position asserted by the Parties in any other proceeding, case, or action, as to which all of their rights are specifically preserved. In the event of non-approval, termination, or cancellation of this Settlement Agreement, U-Haul shall be responsible for administration and notification costs incurred, if any, but shall have no other payment, reimbursement, or other financial obligation of any kind as a result of this Settlement Agreement.
Class Certification. (a) The Court shall have certified the Action as a non-opt out class action for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), with Named Plaintiffs as the named Settlement Class representative, Xxxxx Xxxxxxxx Sellers & Toll, PLLC and Xxxxxx Xxxxxxxx, L.L.P. as Class Counsel, and with the “Settlement Class” as defined above.
(b) As a condition of settlement, the Parties agree to stipulate to certification of the Action as a non-opt out class action, and the Class as a non-opt-out class, for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), on the foregoing terms. If the Settlement does not become Final, then no Settlement Class will be deemed to have been certified by or as a result of this Settlement Agreement, and the Action will for all purposes revert to its status as of the day immediately prior to the date on which the Term Sheet was executed.
Class Certification. The Settling Parties agree, for purposes of this Settlement only, to the certification of the Class. If the Settlement set forth in this Settlement Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of this Settlement Agreement, this Settlement Agreement and the certification of the Class provided for herein, will be vacated and the Litigation shall proceed as though the Class had never been certified, without prejudice to any Person’s or Settling Party’s position on the issue of class certification or any other issue. The Settling Parties’ agreement to the certification of the Class is also without prejudice to any position asserted by the Settling Parties in any other proceeding, case, or action, as to which all of their rights are specifically preserved.
Class Certification. The following Settlement Class is preliminarily certified for settlement purposes pursuant to Fed. R. Civ. P. 23(b)(1):
Class Certification. Pursuant to Rule 23 of the Federal Rules of Civil Procedure and in light of the proposed Settlement, the Court hereby finds that the prerequisites for a class action have been met and certifies the following class for settlement purposes (the “Settlement Class”): All persons (excluding governmental entities, Defendants, their respective parents, subsidiaries and affiliates) who directly purchased Freight Forwarding Services
Class Certification. The Parties agree that for the purposes of this Settlement only, certification of the Settlement Class as defined above in Paragraph I.S is appropriate pursuant to Fed. R. Civ. P. 23(b)(3).
