Class Certification for Settlement Purposes Only. The Settlement Agreement 7 provides for a Settlement Class defined as follows: 8 All individuals within the United States whose name and payment card information was potentially exposed to unauthorized third-parties as a result of the Data Security Incident 9 that occurred between approximately February to October of 2021.. 10 Excluded from the Settlement Class is any judge presiding over the Litigation and their first-degree relatives, judicial staff and persons who timely and validly request exclusion from the 000 00XX XXXXXX, XXXXX 0000 Settlement Class. 13 Pursuant to Federal Rules of Civil Procedure Rule 23(e)(1), the Court finds giving notice is justified. The Court finds that it will likely be able to approve the proposed Settlement as fair, reasonable and adequate. The Court also finds it will likely be able to certify the Settlement Class and California Subclass for purposes of judgment on the Settlement because they meet the requirements of Rule 23(a) and the requirements of Rule 23(b)(3). Specifically, the Court finds for settlement purposes only that (a) the Settlement Class is so numerous that joinder of all Settlement Class Members would be impracticable, (b) there are issues of law and fact that are common to the Settlement Class, (c) the claims of Representative Plaintiff are typical of and arise from the same operative facts and Representative Plaintiff seeks similar relief as the claims of the Settlement Class Members, (d) Representative Plaintiff will fairly and adequately protect the interests of the Settlement Class as Representative Plaintiff has no interest antagonistic to or in 24 conflict with the Settlement Class and has retained experienced and competent counsel to prosecute this Litigation on behalf of the Settlement Class, (e) questions of law or fact common to Settlement Class Members predominate over any questions affecting only individual members and
28 1 All defined terms herein have the same meaning as set forth in the Settlement Agreement.
Class Certification for Settlement Purposes Only. Pursuant to Federal Rule of Civil 3 Procedure 23(c), the Court conditionally certifies, for settlement purposes only, the following
Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Rules 23(b)(3) and (e) of the Federal Rules of Civil Procedure, the Court provisionally certifies a Settlement Class in this matter defined as follows: Specifically excluded from the Settlement Class are:
(i) the Met Opera; (ii) all Settlement Class Members who timely and validly submit a Request for Exclusion; (iii) any judges assigned to the Action and their staff and family; and (iv) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the criminal activity occurrence of the Met Opera Data Security Incident or who pleads nolo contendere to any such charge. The Court provisionally finds, for settlement purposes only, that: (a) the Settlement Class 1 Unless otherwise indicated, capitalized terms used herein have the same meaning as in the Settlement Agreement. is so numerous that joinder of all Settlement Class Members would be impracticable; (b) there are issues of law and fact common to the Settlement Class; (c) Plaintiffs’ claims are typical of and arise from the same operative facts and seek similar relief as the claims of the Settlement Class Members; (d) Plaintiffs and Class Counsel will fairly and adequately protect the interests of the Settlement Class as Plaintiffs have no interest antagonistic to or in conflict with the Settlement Class and have retained experienced and competent counsel to prosecute this matter on behalf of the Settlement Class; (e) questions of law or fact common to Settlement Class Members predominate over any questions affecting only individual members; and (f) a class action and class settlement is superior to other methods available for a fair and efficient resolution of this controversy.
Class Certification for Settlement Purposes Only. The Parties stipulate to certification of the Class for purposes of settlement only, as described in Section III.6.
Class Certification for Settlement Purposes Only. The Court, pursuant to Rule 23(a) and Rule 23(b)(3) of the Federal Rules of Civil Procedure, conditionally certifies, for purposes of this Settlement only, the following Settlement Class: All persons within the United States who received a non- emergency telephone call from Capital One’s dialer(s) to a cellular telephone through the use of an automatic telephone dialing system or an artificial or prerecorded voice in connection with an attempt to collect on a credit card debt from January 18, 2008, through June 30, 2014, and all persons within the United States who received a non-emergency telephone call from a Participating Vendor’s dialer(s) made on behalf of Capital One to a cellular telephone through the use of an automatic telephone dialing system or an artificial or prerecorded voice in connection with an attempt to collect on a credit card debt from February 28, 2009, through June 30, 2014. Excluded from the Settlement Class are Defendants and any affiliate or subsidiary of Defendants, and any entities in which any of such companies have a controlling interest, as well as all persons who validly opt out of the Settlement Class.
Class Certification for Settlement Purposes Only. Defendant contends that the Settlement Class could not be certified as a class under Federal Rule of Civil Procedure 23 in a contested motion for trial purposes. Nothing in this Settlement Agreement may be construed as an admission by Defendant that this Litigation or any similar case is amenable to class certification for trial purposes. To the contrary, Defendant believes that certification of the Settlement Class through a contested motion for class certification in the non- settlement context would be improper. Further, nothing in this Settlement Agreement prevents Defendant from opposing class certification or seeking de-certification of the Settlement Class if final approval of this Settlement Agreement does not occur, or is not upheld on appeal, including review by the United States Supreme Court, for any reason, or if any of the conditions exist that permit Defendant to terminate this Settlement Agreement in accordance with Section 7.
Class Certification for Settlement Purposes Only. The proposed Settlement Agreement submitted with the Motion is preliminarily approved, pending the notice and formal approval process set forth herein.
Class Certification for Settlement Purposes Only. Pursuant to Fed. R. Civ. P. 23(b)(3), the Court, for settlement purposes only, in the exercise of its discretion conditionally certifies a class (the “Settlement Class”) consisting of (unless otherwise specified, all capitalized terms used below shall have the meaning ascribed to them in the Settlement Agreement): All persons, including businesses, in the United States of America and its territories who, between January 1, 2001 and June 30, 2004, entered into a written agreement with NORVERGENCE, INC. for the lease of one or more Matrix boxes, Matrix SoHo boxes, or other network equipment provided by NORVERGENCE, INC. Excluded from the Settlement Class are the presiding judges in each of the New Jersey Federal Action, the NORVERGENCE Bankruptcy Proceeding, the Delaware Bankruptcy Proceedings, the Canadian Insolvency Proceedings, the staff of each of those presiding judges, Class Counsel, SETTLING NORTEL DEFENDANTS’ in-house and outside counsel and the respective immediate families of all persons listed above.
(a) In connection with certification, the Court makes the following preliminary findings:
(1) The Settlement Class satisfies Fed. R. Civ. P. 23(a)(1) because the Class appears to be so numerous that joinder of all members is impracticable;
(2) The Settlement Class satisfies Fed. R. Civ. P. 23(a)(2) because there appear to be questions of law or fact common to the Class;
(3) The Settlement Class satisfies Fed. R. Civ. P. 23(a)(3) because the claims of the named plaintiff WANLAND & ASSOCIATES, INC. appear to be typical of the claims being resolved through the proposed settlement;
(4) The Settlement Class satisfies Fed. R. Civ. P. 23(a)(4) because named plaintiff WANLAND & ASSOCIATES, INC. appears to be capable of fairly and adequately protecting the interests of the Settlement Class in connection with the proposed Settlement and because counsel representing the Class – Xxxxxxxx Xxxxxxxx Xxxxx & Xxxxx LLP, Xxxxxxxx Xxxxxx Xxxxxxxxxx & Xxxxxxxx LLP, and Xxxxxxxxx Hafron Xxxxxxx & Xxxxxx – are qualified, competent and capable of prosecuting this action on behalf of the Settlement Class.
(5) The Settlement Class satisfies the requirements of Fed. R. Civ. P. 23(b)(3) because common questions of law and fact appear to predominate over questions affecting only individual Settlement Class members and because settlement with the Settlement Class appears to be superior to other available methods for the fair and efficient resolution of the claims of the Class.
(b...
Class Certification for Settlement Purposes Only. The Parties stipulate to certification of the Class for purposes of settlement only. If the Court does not grant either preliminary approval or final approval of this Settlement, or if Defendant elects to exercise its right to declare the Agreement void pursuant to the terms of this Agreement, the Parties’ stipulation on class certification will be void and of no further force or effect.
Class Certification for Settlement Purposes Only. The Parties' Settlement is continge nt upon the Court's certification of the Settlement Classes for settlement purpose s. WCA and the Released Parties do not contest certification of the Settlement Class for settlement purposes, but reserve the right to contest class certification if the Settlement Class is not certified or the Settlement is not approved.
