Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Florida Rules of Civil Procedure 1.220(a), the Court provisionally certifies a class in this matter defined as follows: All U.S. persons who are, or have been, patients of Defendant who were treated at Defendant’s U.S. clinics and who visited any websites, patient portals, and/or mobile applications owned, operated, or managed directly or indirectly by Defendant or its subsidiaries or affiliates at least once between November 20, 2017 and up to and including September 21, 2023. Excluded from the Class are: (i) Defendant, any entity in which Defendant has a controlling interest, and Defendant’s affiliates, parents, subsidiaries, officers, directors, legal representatives, successors, and assigns; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; and (iii) any individual who timely and validly excludes themselves from the Settlement. 1 Unless otherwise indicated, capitalized terms used herein have the same meaning as defined in the Settlement Agreement and Release, which was filed with Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action Settlement. The Court provisionally 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 common to the Settlement Class; (c) the claims of the Settlement Class Representatives are typical of and arise from the same operative facts and seek similar relief as the claims of the Settlement Class Members; (d) the Settlement Class Representatives and Settlement Class Counsel will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives 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 case.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Florida Rules of Civil Procedure 1.220(aFEDERAL RULES OF CIVIL PROCEDURE 23(a), (b)(2), (b)(3), and (e), the Court provisionally certifies a class in this matter defined as follows: All U.S. persons who are, or have been, patients of Defendant who were treated at Defendant’s U.S. clinics and who visited any websites, patient portals, and/or mobile applications owned, operated, or managed directly or indirectly by Defendant residing in the United States or its subsidiaries or affiliates at least once between territories whose personally identifiable information was identified as potentially being impacted in the November 202020 data security incident announced by Automation Personnel Services, 2017 and up to and including September 21, 2023Inc. in March 2021. Excluded from the Settlement Class are: (i) Defendantis any judges presiding over this Litigation, any entity in which Defendant has a controlling interesttheir immediate family members, and Defendant’s affiliates, parents, subsidiaries, officers, directors, legal representatives, successors, and assigns; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of the judges’ judicial staff, the officers and directors of Defendant and their immediate families and judicial staff; and (iii) any individual who timely and validly excludes themselves from the Settlement.
family members, Class 1 Unless otherwise indicated, capitalized terms used herein have the same meaning as defined in the Settlement Agreement and ReleaseAgreement, which was filed with Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action SettlementSettlement and Certification of Settlement Class. Counsel and their immediate family members, and persons who timely and validly request exclusion from the Settlement Class, and the legal representatives of each of these excluded categories of persons. The Court provisionally 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 common to the Settlement Class; (c) the claims of the Settlement Class Representatives Representative are typical of and arise from the same operative facts and seek similar relief as the claims of the Settlement Class Members; (d) the Settlement Class Representatives Representative and Settlement Class Counsel will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives have Representative has no interest in 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 the other methods available for a fair and efficient resolution of this case; and (g) final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Class Certification for Settlement Purposes Only. For settlement purposes only The Settlement Agreement provides for: (i) a Settlement Class consisting of individuals to whom Defendant Order Express, Inc. (“Order Express”) sent notice of the Ransomware Attack that Order Express announced on or around December 15, 2022, defined as follows: Excluded from the Settlement Class are: (1) the Judge and pursuant Magistrate Judge presiding over the Lawsuits, any members of the Judges’ respective staffs, and immediate members of the Judges’ 1 All capitalized terms herein have the same definitions as set forth in the Settlement Agreement. respective families; (2) officers, directors, members and shareholders of Order Express; (3) persons who timely and validly request exclusion from and/or opt-out of the Settlement Class and the successors and assigns of any such excluded persons; and (4) any person found by a court of competent jurisdiction to Florida be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity or occurrence of the Ransomware Attack or who pleads nolo contendere to any such charge. Pursuant to Federal Rules of Civil Procedure 1.220(a23(e)(1), the Court provisionally certifies a class in this matter defined as follows: All U.S. persons who are, or have been, patients of Defendant who were treated at Defendant’s U.S. clinics and who visited any websites, patient portals, and/or mobile applications owned, operated, or managed directly or indirectly by Defendant or its subsidiaries or affiliates at least once between November 20, 2017 and up to and including September 21, 2023. Excluded from the Class are: (i) Defendant, any entity in which Defendant has a controlling interest, and Defendant’s affiliates, parents, subsidiaries, officers, directors, legal representatives, successors, and assigns; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; and (iii) any individual who timely and validly excludes themselves from the Settlement.
1 Unless otherwise indicated, capitalized terms used herein have the same meaning as defined in the Settlement Agreement and Release, which was filed with Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action Settlementfinds that giving notice is justified. The Court provisionally findsfinds that it will likely be able to approve the proposed Settlement as fair, reasonable, and adequate. The Court also finds that it will likely be able to certify the Settlement Class for purposes of judgment on the settlement because it meets all of 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 the Settlement Class Representatives Representative Plaintiff are typical of and arise from the same operative facts and seek similar relief as the claims of the Settlement Class Members; (d) the Settlement Class Representatives and Settlement Class Counsel Representative Plaintiff will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives have Representative Plaintiff has no interest interests antagonistic to or in conflict with the Settlement Class and have has 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 casecontroversy.
Appears in 1 contract
Samples: Settlement Agreement
Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Florida Rules of Civil Procedure 1.220(a), the Court provisionally certifies The Settlement Agreement provides for a class in this matter Settlement Class defined as follows: The individuals in the United States who Progressive identified as potentially having their personal information viewed by an unauthorized individual because of the security event experienced by TTEC, one of Progressive’s third-party call center vendors, from May 2021 to May 2023.
1 All U.S. persons who aredefined terms in this Preliminary Approval Order have the same meaning as set forth in the Settlement Agreement, or have been, patients of Defendant who were treated at Defendant’s U.S. clinics and who visited any websites, patient portals, and/or mobile applications owned, operated, or managed directly or indirectly by Defendant or its subsidiaries or affiliates at least once between November 20, 2017 and up to and including September 21, 2023unless otherwise indicated. Excluded from the Class are: (i) Defendant, any entity in which Defendant has a controlling interest, and Defendant’s affiliates, parents, subsidiaries, officers, directors, legal representatives, successors, and assigns; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; and (iii) any individual who timely and validly excludes themselves from the Settlement.
1 Unless otherwise indicated. Pursuant to Federal Rules of Civil Procedure 23(e)(1), capitalized terms used herein have the same meaning as defined in the Settlement Agreement and Release, which was filed with Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action SettlementCourt finds that giving notice is justified. The Court provisionally findsfinds that it will likely be able to approve the proposed Settlement as fair, reasonable, and adequate. The Court also finds that it will likely be able to certify the Settlement Class for purposes of judgment on the Settlement because it meets all of 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 the Settlement Class Representatives are typical of and arise from the same operative facts and the Class Representatives seek similar relief as the claims of the Settlement Class Members; (d) the Settlement Class Representatives and Settlement Class Counsel will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives have no interest interests antagonistic to or in conflict with the Settlement Class and have retained experienced and competent counsel to prosecute this matter 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 (f) a class action and class settlement is superior to other methods available for a fair and efficient resolution of this caseLitigation.
Appears in 1 contract
Samples: Settlement and Release Agreement
Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Florida Rules of Civil Procedure 1.220(a)Georgia Code Section 9-11-23, the Court provisionally certifies a class Settlement Class in this matter defined as follows: All U.S. persons who are, whose Personal Information was compromised as a result of the Data Breach and/or were notified by or have been, patients on behalf of Defendant who Gas South and/or were treated at Defendant’s U.S. clinics and who visited any websites, patient portals, and/or mobile applications owned, operated, intended to be notified by or managed directly or indirectly by Defendant or its subsidiaries or affiliates at least once between November 20, 2017 and up to and including September 21, 2023on behalf of Gas South that their Personal Information was compromised as a result of the Data Breach. Excluded from the The Settlement Class areincludes approximately 38,674 people. The Settlement Class specifically excludes: (i) Defendant, any entity in which Defendant has a controlling interest, Gas South and Defendant’s affiliates, parents, subsidiaries, officers, its officers and directors, legal representatives, successors, and assigns; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; and (iii) any individual all Settlement Class Members who timely and validly excludes themselves request exclusion from the Settlement.
1 Unless otherwise indicatedSettlement Class; (iii) the Judge assigned to evaluate the fairness of this settlement; and (iv) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, capitalized terms used herein have causing, aiding or abetting the same meaning as defined in criminal activity pertaining to the Settlement Agreement and ReleaseData Breach or who pleads nolo contendere to any such charge. Pursuant to Georgia Code Section 9-11-23(a), which was filed with Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action Settlement. The the Court provisionally finds, for settlement purposes only, that: (a1) the Settlement Class is so numerous that joinder of all Settlement Class Members would be impracticable; (b2) there are issues of law and fact common to the Settlement Class; (c3) the claims of the Settlement Class Representatives Representative Plaintiffs are typical of and arise from the same operative facts and seek similar relief as the claims of the Settlement Class Members; and (d4) the Settlement Class Representatives Representative Plaintiffs and Settlement Class Counsel will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives Representative Plaintiffs have no interest antagonistic to or 1 Unless otherwise indicated, capitalized terms used herein have the same meaning as in the Settlement Agreement. in conflict with the Settlement Class and have retained experienced and competent counsel to prosecute this matter on behalf of the Settlement Class. Pursuant to Georgia Code Section 9-11- 23(b), the Court finds that (1) the prosecution of separate actions by individual members of the Settlement Class would create a risk of inconsistent or varying adjudications with respect to individual members of the Settlement Class and would establish incompatible standards of conduct for Defendant; and (e2) questions of law or fact common to Settlement Class Members predominate over any questions affecting only individual members; members and (f) a class action and class settlement is superior to other methods available for a fair and efficient resolution of this casecontroversy.
Appears in 1 contract
Samples: Settlement Agreement
Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Florida Rules of Civil Procedure 1.220(a), the Court provisionally certifies The Settlement Agreement provides for a class in this matter Settlement Class defined as follows: All U.S. 61,072 persons who are, or have been, patients whose PII was potentially compromised as a result of Defendant the Cyber- Attack that Advent Health Partners discovered in September 2021 and who were treated at Defendant’s U.S. clinics and who visited any websites, patient portals, and/or mobile applications owned, operated, or managed directly or indirectly by Defendant or its subsidiaries or affiliates at least once between November 20, 2017 and up to and including September 21, 2023. Excluded from sent written notice of the Class are: (i) Defendant, any entity in which Defendant has a controlling interest, and Defendant’s affiliates, parents, subsidiaries, officers, directors, legal representatives, successors, and assigns; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; and (iii) any individual who timely and validly excludes themselves from the SettlementData Breach.
1 Unless otherwise indicated, capitalized All defined terms used herein in this Order Granting Preliminary Approval of Class Action Settlement (“Preliminary Approval Order”) have the same meaning as defined set forth in the Settlement Agreement Agreement, unless otherwise indicated. Specifically excluded from the Settlement Class are:
(i) Advent Health, the Related Entities, and Releasetheir officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) any members of the judiciary who are or have presided over the instant Action and members of their families and staffs; and (iv) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, which was filed with Plaintiffs’ Unopposed Motion for Preliminary Approval causing, aiding or abetting the criminal activity occurrence of Class Action Settlementthe Data Breach or who pleads nolo contendere to any such charge. Pursuant to Federal Rules of Civil Procedure 23(e)(1), the Court finds that giving notice is justified. The Court provisionally findsfinds that it will likely be able to approve the proposed Settlement as fair, reasonable, and adequate. The Court also finds that it will likely be able to certify the Settlement Class for purposes of judgment on the Settlement because it meets all of 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 the Settlement Class Representatives Representative are typical of and arise from the same operative facts and seek the Class Representative seeks similar relief as the claims of the Settlement Class Members; (d) the Settlement Class Representatives and Settlement Class Counsel Representative will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives have Representative has no interest interests antagonistic to or in conflict with the Settlement Class and have has retained experienced and competent counsel to prosecute this matter Action 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 caseAction.
Appears in 1 contract
Samples: Settlement Agreement
Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Florida Rules Federal Rule of Civil Procedure 1.220(a23(b)(3) and (e), the Court provisionally certifies a class in this matter defined as follows: All U.S. persons residents of the United States who are, made a credit or have been, patients debit card purchase at any Affected Restaurant during the period of Defendant who were treated at Defendant’s U.S. clinics and who visited any websites, patient portals, and/or mobile applications owned, operated, or managed directly or indirectly by Defendant or its subsidiaries or affiliates at least once between November 20, 2017 and up to and including September 21, 2023the Data Breach Incident. Excluded from the The Settlement Class arespecifically excludes: (i) Defendant, any entity in which Defendant has a controlling interest, Checkers and Defendant’s affiliates, parents, subsidiaries, officers, its officers and directors, legal representatives, successors, and assigns; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; and (iii) any individual all Settlement Class Members who timely and validly excludes themselves request exclusion from the Settlement.
1 Unless otherwise indicatedSettlement Class; (iii) the Judge or Magistrate Judge to whom the action is assigned and, capitalized terms used herein have any member of those Judges’ staffs or immediate family members; 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 same meaning as defined in criminal activity or occurrence of the Settlement Agreement and Release, which was filed with Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action SettlementData Breach Incident or who pleads nolo contendere to any such charge. The Court provisionally 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 common to the Settlement Class; (c) the claims of the Settlement Class Representatives Representative Plaintiffs are typical of and arise from the same operative facts and seek similar relief as the claims of the Settlement Class Members; (d) the Settlement Class Representatives Representative Plaintiffs and Settlement Class Counsel will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives Representative Plaintiffs have no interest interests 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 casecontroversy.
Appears in 1 contract
Samples: Settlement Agreement
Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Florida Rules of Civil Procedure 1.220(a), the Court provisionally certifies The Settlement Agreement 7 provides for a class in this matter Settlement Class defined as follows: 8 All U.S. persons who are, or have been, patients individuals within the United States whose name and payment card information was potentially exposed to unauthorized third-parties as a result of Defendant who were treated at Defendant’s U.S. clinics and who visited any websites, patient portals, and/or mobile applications owned, operated, or managed directly or indirectly by Defendant or its subsidiaries or affiliates at least once the Data Security Incident 9 that occurred between November 20, 2017 and up approximately February to and including September 21, 2023. October of 2021.. 10 Excluded from the Settlement Class are: (i) Defendant, is any entity in which Defendant has a controlling interest, and Defendant’s affiliates, parents, subsidiaries, officers, directors, legal representatives, successors, and assigns; (ii) any judge, justice, or judicial officer judge presiding over the Litigation and the members of their immediate families first-degree relatives, judicial staff and judicial staff; and (iii) any individual persons who timely and validly excludes themselves request exclusion from the Settlement.
1 Unless otherwise indicated000 00XX XXXXXX, capitalized terms used herein have XXXXX 0000 Settlement Class. 13 Pursuant to Federal Rules of Civil Procedure Rule 23(e)(1), the same meaning as defined in the Settlement Agreement and Release, which was filed with Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action SettlementCourt finds giving notice is justified. The Court provisionally findsfinds 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: 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 the Settlement Class Representatives Representative Plaintiff are typical of and arise from the same operative facts and seek Representative Plaintiff seeks similar relief as the claims of the Settlement Class Members; , (d) the Settlement Class Representatives and Settlement Class Counsel Representative Plaintiff will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives have Representative Plaintiff has no interest antagonistic to or in 24 conflict with the Settlement Class and have has retained experienced and competent counsel to prosecute this matter 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 (f) a class action and class settlement is superior to other methods available for a fair and efficient resolution of this casemembers and
28 1 All defined terms herein have the same meaning as set forth in the Settlement Agreement.
Appears in 1 contract
Samples: Class Settlement Agreement
Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant Pursuant to Florida Rules Federal Rule of Civil Procedure 1.220(a23(c), the Court provisionally certifies a class in this matter defined as follows: All U.S. persons who are, or have been, patients of Defendant who were treated at Defendant’s U.S. clinics and who visited any websites, patient portals, and/or mobile applications owned, operated, or managed directly or indirectly by Defendant or its subsidiaries or affiliates at least once between November 20, 2017 and up to and including September 21, 2023. Excluded from the Class are: (i) Defendant, any entity in which Defendant has a controlling interest, and Defendant’s affiliates, parents, subsidiaries, officers, directors, legal representatives, successors, and assigns; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; and (iii) any individual who timely and validly excludes themselves from the Settlement.
1 Unless otherwise indicated, capitalized terms used herein have the same meaning as defined in the Settlement Agreement and Release, which was filed with Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action Settlement. The Court provisionally findsconditionally certifies, for settlement purposes only, thatthe following Settlement Class: The approximately 134,000 persons who GRC has identified in available records as having been sent the form of collection letter that is attached to the Settlement Agreement as Exhibit A (the “Letter”). The Settlement Class includes only those individuals to whom GRC sent the Letter at any time from May 23, 2011 to the Cessation Date. Only individuals to whom GRC sent a letter in the form of Exhibit A shall be included in the Settlement Class. For purposes of this Agreement, the “form” of letter means consisting of the same language, except for information that is inserted and is borrower-specific (i.e., name, address, account number, “current principal” “current interest” “current collection cost balance” “current or other charges” or “current interest rate”, etc.). Excluded from the Settlement Class are the judges to whom the Action is assigned and any member of the judges’ staff and immediate family, as well as all persons who validly request exclusion from the Settlement Class. In connection with this conditional certification, the Court makes the following preliminary findings for settlement purposes only:
(a) the The Settlement Class is appears to be so numerous that joinder of all Settlement Class Members would be members is impracticable; ;
(b) there are issues of law and fact common There appear to the Settlement Class; (c) the claims of the Settlement Class Representatives are typical of and arise from the same operative facts and seek similar relief as the claims of the Settlement Class Members; (d) the Settlement Class Representatives and Settlement Class Counsel will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives 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) be questions of law or fact common to the Settlement Class for purposes of determining whether this Settlement should be approved;
(c) Plaintiff’s claims appear to be typical of the claims being resolved through the proposed settlement;
(d) Plaintiff appears to be capable of fairly and adequately protecting the interests of the Settlement Class Members in connection with the proposed settlement;
(e) Common questions of law and fact appear to predominate over any questions affecting only individual memberspersons in the Settlement Class. Accordingly, the Settlement Class appears to be sufficiently cohesive to warrant settlement by representation; and and
(f) a class action and class settlement is Certification of the Settlement Class appears to be superior to other available methods available for a the fair and efficient resolution of this casethe claims of the Settlement Class.
Appears in 1 contract
Samples: Settlement Agreement
Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Florida Rules of Civil Procedure 1.220(a)only, the Court provisionally certifies a class Settlement Class in this matter defined as follows: All U.S. persons individuals who areutilized IvyRehab’s services whose private information was maintained on IvyRehab’s system, which was compromised in a cybersecurity incident announced by IvyRehab on or have beenabout November 26, patients of Defendant who were treated at Defendant’s U.S. clinics and who visited any websites, patient portals, and/or mobile applications owned, operated, or managed directly or indirectly by Defendant or its subsidiaries or affiliates at least once between November 20, 2017 and up to and including September 21, 20232019 (the “Data Incident”). Excluded from the Class are: (i) Defendant, any entity in which Defendant has a controlling interest, and Defendant’s affiliates, parents, subsidiaries, officers, directors, legal representatives, successors, and assigns; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; and (iii) any individual who timely and validly excludes themselves from the Settlement.
1 Unless otherwise indicated, capitalized terms used herein have the same meaning as defined they are assigned in the Settlement Agreement Agreement. The Settlement Class specifically excludes: (i) Defendant’s officers, directors, and Releaseemployees; (ii) any entity in which Defendant has a controlling interest; (iii) the affiliates, which was filed with Plaintiffs’ Unopposed Motion for Preliminary Approval legal representatives, attorneys, successors, heirs, and assigns of Class Action SettlementDefendant; and (iv) members of the judiciary to whom this case is assigned, their families and members of their staff. The Court provisionally finds, for settlement purposes purpose 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 common to the Settlement Class; (c) the claims of the Settlement Class Representatives are typical of and arise from the same operative facts and seek similar relief as the claims of the Settlement Class Members; (d) the Settlement Class Representatives and Settlement Class Counsel will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives have no interest interests 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 casecontroversy.
Appears in 1 contract
Samples: Settlement Agreement
Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Florida Rules of Civil Procedure 1.220(a), the Court provisionally certifies The Settlement Agreement provides for a class in this matter Settlement Class defined as follows: All U.S. persons who areindividuals to whom Defendant sent notice of the Data Incident on or around August 5, or have been, patients of Defendant who were treated at Defendant’s U.S. clinics and who visited any websites, patient portals, and/or mobile applications owned, operated, or managed directly or indirectly by Defendant or its subsidiaries or affiliates at least once between November 20, 2017 and up to and including September 21, 20232022. Excluded Specifically excluded from the Settlement Class are: :
(i) Defendant, any entity in which Defendant has a controlling interest, all Persons who timely and Defendant’s affiliates, parents, subsidiaries, officers, directors, legal representatives, successors, and assignsvalidly request exclusion from the Class; (ii) any judge, justice, or judicial officer presiding over the Litigation and Judge assigned to evaluate the members fairness of their immediate families and judicial staffthis Settlement; and (iii) any individual 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 Data Incident or who timely and validly excludes themselves from pleads nolo contendere to any such charge. Pursuant to Federal Rules of Civil Procedure 23(e)(1), the Settlement.
1 Unless otherwise indicated, capitalized terms used herein have the same meaning as defined in Court finds that giving notice is justified. The Court finds that it will likely be able to approve the Settlement Agreement as fair, reasonable, and Release, which was filed with Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action Settlementadequate. The Court provisionally findsalso finds that it will likely be able to certify the Settlement Class for purposes of judgment on the Settlement because it meets all of 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 the Settlement Class Representatives are typical of and arise from the same operative facts and the Class Representatives seek similar relief as the claims of the Settlement Class Members; (d) the Settlement Class Representatives and Settlement Class Counsel will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives have no interest interests antagonistic to or in conflict with the Settlement Class and have retained experienced and competent counsel to prosecute this matter 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 (f) a class action and class settlement is superior to other methods available for a fair and efficient resolution of this caseLitigation.
Appears in 1 contract
Samples: Settlement Agreement
Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Florida Rules of Civil Procedure 1.220(a), the Court provisionally certifies The Settlement Agreement provides for a class in this matter Settlement Class defined as follows: All U.S. persons who arewere sent a notice of the Data Incident by Lower, or have been, patients of Defendant who were treated at Defendant’s U.S. clinics and who visited any websites, patient portals, and/or mobile applications owned, operated, or managed directly or indirectly LLC identifying them as individuals potentially affected by Defendant or its subsidiaries or affiliates at least once between November 20, 2017 and up to and including September 21, 2023the Data Incident. Excluded Specifically excluded from the Settlement Class are: :
(ia) Defendant, any entity in which Defendant has a controlling interest, and Defendant’s affiliates, parents, subsidiaries, officers, directors, legal representatives, successors, and assignstrustees of the Defendant; (iib) all judges and their staff assigned to this case and any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial stafffamilies; (c) the mediator; (d) the Parties’ counsel in this Litigation; and (iiie) any individual all Settlement Class Members who timely and validly excludes themselves from opt-out of the Settlement.
1 Unless otherwise indicated. Pursuant to Federal Rules of Civil Procedure 23(e)(1), capitalized terms used herein have the same meaning as defined in the Settlement Agreement and Release, which was filed with Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action SettlementCourt finds that giving notice is justified. The Court provisionally findsfinds that it will likely be able to approve the proposed Settlement as fair, reasonable, and adequate. The Court also finds that it will likely be able to certify the Settlement Class for purposes of judgment on the Settlement because it meets all of 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 the Settlement Class Representatives Representative are typical of and arise from the same operative facts and the Class Representatives seek similar relief as the claims of the Settlement Class Members; (d) the Settlement Class Representatives and Settlement Class Counsel will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives have no interest interests antagonistic to or in conflict with the Settlement Class and have retained experienced and competent counsel to prosecute this matter 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 (f) a class action and class settlement is superior to other methods available for a fair and efficient resolution of this caseLitigation.
Appears in 1 contract
Samples: Settlement Agreement
Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Florida Rules of Civil Procedure 1.220(a), the Court provisionally certifies The Settlement Agreement provides for a class in this matter Settlement Class defined as follows: All U.S. persons who arepurchased Weighted Goods from Walmart in the United States from February 13, or have been2015, patients to the date of Defendant who were treated at Defendant’s U.S. clinics and who visited any websitesthis Order, patient portals, and/or mobile applications owned, operated, or managed directly or indirectly by Defendant or its subsidiaries or affiliates at least once between November 20, 2017 and up to and including September 21, 2023whose Weighted Goods’ unit sale price was not accurately reflected in the final sale price. Excluded from the Settlement Class are: (i1) the judges presiding over this Litigation, and members of their direct families; (2) the Defendant, its subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendant has a controlling interest, and Defendant’s affiliates, parents, subsidiaries, officers, directors, legal representatives, successors, and assigns; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; and (iii) any individual who timely and validly excludes themselves from the Settlement.
its parents 1 Unless otherwise indicated, capitalized All defined terms used herein have the same meaning as defined set forth in the Settlement Agreement Agreement. have a controlling interest and Releasetheir current or former officers, which was filed with Plaintiffs’ Unopposed Motion directors, and employees; (3) Settlement Class Members who submit a valid Opt-Out Request for Preliminary Approval exclusion prior to the Opt-Out Deadline. Pursuant to Federal Rules of Class Action SettlementCivil Procedure 23(e)(1), the Court finds that giving notice is justified. The Court provisionally findsfinds that it will likely be able to approve the proposed Settlement as fair, reasonable, and adequate. The Court also finds that it will likely be able to certify the Settlement Class for purposes of judgment on the Settlement because it meets all of 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 the Settlement Class Representatives Representative are typical of and arise from the same operative facts and seek the Settlement Class Representative seeks similar relief as the claims of the Settlement Class Members; (d) the Settlement Class Representatives and Settlement Class Counsel Representative will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives have Representative has no interest antagonistic to or in conflict with the Settlement Class and have has retained experienced and competent counsel to prosecute this matter 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 (f) a class action and class settlement is superior to other methods available for a fair and efficient resolution of this caseLitigation.
Appears in 1 contract
Samples: Settlement Agreement
Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Florida Rule 42 of the Texas Rules of Civil Procedure 1.220(a)Procedure, the Court provisionally certifies a class Settlement Class in this matter defined as follows: All U.S. all persons who areSouthland identified as being among those individuals impacted by the Data Breach, or have been, patients of Defendant including all who were treated at Defendant’s U.S. clinics and who visited any websitessent a notice of the Data Breach on or about April 8, patient portals, and/or mobile applications owned, operated, or managed directly or indirectly by Defendant or its subsidiaries or affiliates at least once between November 20, 2017 and up to and including September 21, 20232022. The Settlement Class includes approximately 11,499 people. Excluded from the Settlement Class are: (i) Defendantare any judge presiding over this matter and any members of their first-degree relatives, any entity in which Defendant has a controlling interestjudicial staff, and DefendantSouthland’s affiliates, parents, subsidiaries, officers, directors, legal representatives, successorsand members, and assigns; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; and (iii) any individual persons who timely and validly excludes themselves request exclusion from the Settlement.
1 Unless otherwise indicated, capitalized terms used herein have Settlement Class. Pursuant to Tex. R. Civ. P. 42(a) the same meaning as defined in the Settlement Agreement and Release, which was filed with Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action Settlement. The Court provisionally finds, for settlement purposes only, that: (a1) the Settlement Class is so numerous that joinder of all Settlement Class Members would be impracticable; (b2) there are issues questions of law and or fact common to the Settlement ClassClass 1 Unless otherwise indicated, capitalized terms used herein have the same meaning as in the Settlement Agreement. which predominate over any questions affecting only individual class members; (c3) the claims of the Settlement Class Representatives Representative Plaintiff are typical of and arise from the same operative facts and seek similar relief as the claims of the Settlement Class Members; and (d4) the Settlement Class Representatives Representative Plaintiff and Settlement Class Counsel will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives have Representative Plaintiff has 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) . Pursuant to Tex. R. Civ. P. 42(b)(3), the Court finds that questions of law or fact common to Settlement Class Members predominate over any questions affecting only individual members; members and (f) a class action and class settlement is superior to other methods available for a fair and efficient resolution of this casecontroversy.
Appears in 1 contract
Samples: Class Settlement Agreement
Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Florida Rules of Civil Procedure 1.220(a), the Court provisionally certifies The Settlement Agreement provides for a class in this matter Settlement Class defined as follows: All U.S. persons residents of the United States who arewere sent notice that their personal information may have been accessed, stolen, or have beencompromised as a result of the Data Incident. Pursuant to Federal Rule of Civil Procedure 23(e)(1), patients of Defendant who were treated at Defendant’s U.S. clinics and who visited any websitesthe Court finds that giving notice is justified. The Court finds that it will likely be able to approve the proposed Settlement as fair, patient portals, and/or mobile applications owned, operated, or managed directly or indirectly by Defendant or its subsidiaries or affiliates at least once between November 20, 2017 and up to and including September 21, 2023. Excluded from the Class are: (i) Defendant, any entity in which Defendant has a controlling interestreasonable, and Defendant’s affiliates, parents, subsidiaries, officers, directors, legal representatives, successors, and assigns; (ii) any judge, justice, or judicial officer presiding over adequate. The Court also finds that it will likely be able to certify the Litigation and Settlement Class for purposes of judgment on the members Settlement because it meets all of their immediate families and judicial staff; and (iii) any individual who timely and validly excludes themselves from the Settlement.
requirements of Rule 1 Unless otherwise indicated, capitalized All defined terms used herein have the same meaning as defined set forth in the Settlement Agreement Agreement. 23(a) and Releasethe requirements of Rule 23(b)(3). Specifically, which was filed with Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action Settlement. The the Court provisionally finds, 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 the Settlement Class Representatives Representative Plaintiffs are typical of and arise from the same operative facts and the Representative Plaintiffs seek similar relief as the claims of the Settlement Class Members; (d) the Settlement Class Representatives and Settlement Class Counsel Representative Plaintiffs will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives Representative Plaintiffs have no interest antagonistic to or in conflict with the Settlement Class and have retained experienced and competent counsel to prosecute this matter 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 (f) a class action and class settlement is superior to other methods available for a fair and efficient resolution of this caseLitigation.
Appears in 1 contract
Samples: Settlement Agreement
Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Florida Rules of Civil Procedure 1.220(a), the Court provisionally certifies The Settlement Agreement provides for a class in this matter Settlement Class defined as follows: All U.S. persons who arereside in the United States and were mailed written notification by Trussway Manufacturing LLC (“Trussway”) that their Private Information was potentially accessed, or have been, patients of Defendant who were treated at Defendant’s U.S. clinics and who visited any websites, patient portalsviewed, and/or mobile applications ownedobtained as a result of the Data Incident which occurred between March 7, operated, or managed directly or indirectly by Defendant or its subsidiaries or affiliates at least once between November 20, 2017 2023 and up to and including September 21April 1, 2023. Excluded from the 1 All defined terms in this Order Granting Preliminary Approval of Class are: Action Settlement (i“Preliminary Approval Order”) Defendant, any entity in which Defendant has a controlling interest, and Defendant’s affiliates, parents, subsidiaries, officers, directors, legal representatives, successors, and assigns; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; and (iii) any individual who timely and validly excludes themselves from the Settlement.
1 Unless otherwise indicated, capitalized terms used herein have the same meaning as defined set forth in the Settlement Agreement Agreement, unless otherwise indicated. Specifically excluded from the Settlement Class are:
(i) Trussway, the Related Entities, and Releasetheir officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) any judges assigned to this case 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, which was filed with Plaintiffs’ Unopposed Motion for Preliminary Approval causing, aiding or abetting the criminal activity occurrence of Class Action Settlementthe Data Incident or who pleads nolo contendere to any such charge. Pursuant to Federal Rules of Civil Procedure 23(e)(1), the Court finds that giving notice is justified. The Court provisionally findsfinds that it will likely be able to approve the proposed Settlement as fair, reasonable, and adequate. The Court also finds that it will likely be able to certify the Settlement Class for purposes of judgment on the Settlement because it meets all of 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 the Settlement Class Representatives are typical of and arise from the same operative facts and seek the Class Representatives seeks similar relief as the claims of the Settlement Class Members; (d) the Settlement Class Representatives and Settlement Class Counsel will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives have no interest interests antagonistic to or in conflict with the Settlement Class and have has retained experienced and competent counsel to prosecute this matter 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 (f) a class action and class settlement is superior to other methods available for a fair and efficient resolution of this caseLitigation.
Appears in 1 contract
Samples: Settlement Agreement
Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Florida Rules of Civil Procedure 1.220(a), the Court provisionally certifies The Settlement Agreement provides for a class in this matter Settlement Class defined as follows: All U.S. persons who are, or have been, patients of Defendant who were treated at Defendant’s U.S. clinics and who visited any websites, patient portals, and/or mobile applications owned, operated, or managed directly or indirectly by Defendant or its subsidiaries or affiliates at least once between November 20, 2017 and up to and including September 21, 2023individuals in the United States whose Private Information was compromised in the Builders Mutual Data Security Incident that occurred in December 2022. Excluded Specifically excluded from the Settlement Class are: (i) Defendant, any entity in which Defendant has a controlling interest, and Defendant’s affiliates, parents, subsidiaries, officers, directors, legal representatives, successors, and assigns; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; and (iii) any individual who timely and validly excludes themselves from the Settlement.:
1 Unless otherwise indicated, capitalized All defined terms used herein in this Order Granting Preliminary Approval of Class Action Settlement (“Preliminary Approval Order”) have the same meaning as defined set forth in the Settlement Agreement Agreement, unless otherwise indicated.
(1) the judges presiding over this Action, and Releasemembers of their direct families; (2) the Defendants, their subsidiaries, parent companies, successors, predecessors, and any entity in which was filed with Plaintiffs’ Unopposed Motion the Defendants or their parents have a controlling interest and their current or former officers and directors employees; and (3) Settlement Class Members who submit a valid Request for Preliminary Approval Exclusion prior to the Opt-Out Deadline. Pursuant to Federal Rules of Class Action SettlementCivil Procedure 23(e)(1), the Court finds that giving notice is justified. The Court provisionally findsfinds that it will likely be able to approve the proposed Settlement as fair, reasonable, and adequate. The Court also finds that it will likely be able to certify the Settlement Class for purposes of judgment on the Settlement only because it meets all of the requirements of Rule 23(a) and the requirements of Rule 23(b)(3). Specifically, the Court finds for settlement purposes only, 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 the Settlement Class Representatives are typical of and arise from the same operative facts and the Class Representatives seek similar relief as the claims of the Settlement Class Members; (d) the Settlement Class Representatives and Settlement Class Counsel will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives have no interest interests antagonistic to or in conflict with the Settlement Class and have retained experienced and competent counsel to prosecute this matter 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 (f) a class action and class settlement is superior to other methods available for a fair and efficient resolution of this caseLitigation.
Appears in 1 contract
Samples: Settlement Agreement
Class Certification for Settlement Purposes Only. For settlement purposes only of the Settlement and pursuant to Florida this Final Approval Order and Federal Rules of Civil Procedure 1.220(a23(b)(3) and (e), the Court provisionally certifies a class in this matter defined as follows: All U.S. persons residents of the United States who are, made a credit or have been, patients debit card purchase at any Affected Restaurant during the period of Defendant who were treated at Defendant’s U.S. clinics and who visited any websites, patient portals, and/or mobile applications owned, operated, or managed directly or indirectly by Defendant or its subsidiaries or affiliates at least once between November 20, 2017 and up to and including September 21, 2023the Data Breach Incident. Excluded from the The Settlement Class arespecifically excludes: (i) Defendant, any entity in which Defendant has a controlling interest, Checkers and Defendant’s affiliates, parents, subsidiaries, officers, its officers and directors, legal representatives, successors, and assigns; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; and (iii) any individual all Settlement Class Members who timely and validly excludes themselves request exclusion from the Settlement.
1 Unless otherwise indicatedSettlement Class; (iii) the Judge or Magistrate Judge to whom the action is assigned and, capitalized terms used herein have any member of those Judges’ staffs or immediate family members; 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 same meaning as defined in criminal activity or occurrence of the Settlement Agreement and Release, which was filed with Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action SettlementData Breach Incident or who pleads nolo contendere to any such charge. The Court provisionally 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 common to the Settlement Class; (c) the claims of the Settlement Class Representatives Representative Plaintiffs are typical of and arise from the same operative facts and seek similar relief as the claims of the Settlement Class Members; (d) the Settlement Class Representatives Representative Plaintiffs and Settlement Class Counsel will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives Representative Plaintiffs have no interest interests 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 casecontroversy.
Appears in 1 contract
Samples: Settlement Agreement
Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Florida Rules of Civil Procedure 1.220(a), the Court provisionally certifies The Settlement Agreement provides for a class in this matter Settlement Class defined as follows: All U.S. The persons who areare identified on the Settlement Class List, or have been, patients of Defendant including all individuals who were treated at Defendant’s U.S. clinics and who visited any websitessent notification by BCLP, patient portals, and/or mobile applications owned, operated, or managed directly or indirectly by Defendant or its subsidiaries or affiliates at least once between November 20, 2017 and up to and including September 21, 2023. Excluded from the Class are: (i) Defendant, any entity in which Defendant has a controlling interestMondelēz, and Defendant’s affiliates, parents, subsidiaries, officers, directors, legal representatives, successors, and assigns; (ii) any judge, justice, Chicago IVF that their PII/PHI was or judicial officer presiding over may have been compromised in the Litigation and the members of their immediate families and judicial staff; and (iii) any individual who timely and validly excludes themselves from the SettlementData Security Incident.
1 Unless otherwise indicated, capitalized All defined terms used herein in this Order Granting Preliminary Approval of Class Action Settlement (“Preliminary Approval Order”) have the same meaning as defined set forth in the Settlement Agreement Agreement, unless otherwise indicated. Excluded from the Settlement Class are the judges presiding over this Action and Releasemembers of their direct families, which was filed with Plaintiffs’ Unopposed Motion and Settlement Class Members who submit a valid Request for Preliminary Approval Exclusion prior to the Opt-Out Deadline. Pursuant to Federal Rule of Class Action SettlementCivil Procedure 23(e)(1), the Court finds that giving notice is justified. The Court provisionally findsfinds that it will likely be able to approve the proposed Settlement as fair, reasonable, and adequate. The Court also finds that it will likely be able to certify the Settlement Class for purposes of judgment on the Settlement because it meets all 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 the Settlement Class Representatives are typical of and arise from the same operative facts and the Class Representatives seek similar relief as the claims of the Settlement Class Members; (d) the Settlement Class Representatives and Settlement Class Counsel will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives have no interest interests antagonistic to or in conflict with the Settlement Class and have retained experienced and competent counsel to prosecute this matter Action 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 caseAction.
Appears in 1 contract
Samples: Settlement Agreement
Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Florida Rules of Civil Procedure 1.220(a), the Court provisionally certifies The Settlement Agreement provides for a class in this matter Settlement Class defined as follows: All U.S. persons residing in the United States who areparticipated in funds or trusts managed by WPAS, or have been, patients whose Private Information was potentially compromised as a result of Defendant who were treated at Defendant’s U.S. clinics and who visited any websites, patient portals, and/or mobile applications owned, operated, or managed directly or indirectly by Defendant or its subsidiaries or affiliates at least once between November 20, 2017 and up to and including September the Data Security Incident that WPAS discovered on approximately July 21, 20232021. Excluded from the 1 All defined terms in this Order Granting Preliminary Approval of Class are: Action Settlement (i“Preliminary Approval Order”) Defendant, any entity in which Defendant has a controlling interest, and Defendant’s affiliates, parents, subsidiaries, officers, directors, legal representatives, successors, and assigns; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; and (iii) any individual who timely and validly excludes themselves from the Settlement.
1 Unless otherwise indicated, capitalized terms used herein have the same meaning as defined set forth in the Settlement Agreement Agreement, unless otherwise indicated. DocuSign Envelope ID: EC01DBF8-B3E8-430E-B0BE-C81D735AA71D Excluded from the Settlement Class are (i) WPAS; (ii) the Related Entities; (iii) all Settlement Class Members who timely and Releasevalidly request exclusion from the Settlement Class; (iv) any judges assigned to this case and their staff and family; and (v) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, which was filed with Plaintiffs’ Unopposed Motion for Preliminary Approval causing, aiding, or abetting the criminal activity that resulted in the Data Security Incident or who pleads nolo contendere to any such charge. Pursuant to Washington Rule of Class Action SettlementCivil Procedure 23(e), the Court finds that giving notice is justified. The Court provisionally findsfinds that it will likely be able to approve the proposed Settlement as fair, reasonable, and adequate. The Court also finds that it will likely be able to certify the Settlement Class for purposes of judgment on the Settlement because it meets all of the requirements of Rule 23(a). Specifically, the Court finds for settlement purposes only, only that: (a) the Settlement Class is are 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 the Settlement Class Representatives are typical of typical, and arise from the same operative facts and seek similar relief as the claims of the Settlement Class Members; (d) the Settlement Class Representatives and Settlement Class Counsel will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives 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 case.
Appears in 1 contract
Samples: Settlement Agreement
Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Florida Rules of Civil Procedure 1.220(a), the Court provisionally certifies The Settlement Agreement provides for a class in this matter Settlement Class defined as follows: All U.S. persons who are, individuals whose Private Information was compromised or have been, patients of Defendant who were treated at Defendant’s U.S. clinics and who visited any websites, patient portals, and/or mobile applications owned, operated, or managed directly or indirectly by Defendant or its subsidiaries or affiliates at least once between November 20, 2017 and up to and including September 21, 2023. Excluded from potentially compromised in the Class are: (i) Defendant, any entity in which Defendant has a controlling interest, and Defendant’s affiliates, parents, subsidiaries, officers, directors, legal representatives, successors, and assigns; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; and (iii) any individual who timely and validly excludes themselves from the SettlementData Security Incident.
1 Unless otherwise indicated, capitalized All defined terms used herein in this Order Granting Preliminary Approval of Class Action Settlement (“Preliminary Approval Order”) have the same meaning as defined set forth in the Settlement Agreement Agreement, unless otherwise indicated. Specifically excluded from the Settlement Class are:
(1) the judge presiding over this Action, and Releasemembers of their direct families; (2) the Defendant, its subsidiaries, parent companies, successors, predecessors, and any entity in which was filed with Plaintiffs’ Unopposed Motion the Defendant or its parents have a controlling interest and their current or former officers, directors, and employees; and (3) Settlement Class Members who submit a valid Request for Preliminary Approval Exclusion prior to the Opt-Out Deadline. Pursuant to Federal Rules of Class Action SettlementCivil Procedure 23(e)(1), the Court finds that giving notice is justified. The Court provisionally findsfinds that it will likely be able to approve the proposed Settlement as fair, reasonable, and adequate. The Court also finds that it will likely be able to certify the Settlement Class for purposes of judgment on the Settlement because it meets all of 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 the Settlement Class Representatives Representative are typical of and arise from the same operative facts and the Class Representatives seek similar relief as the claims of the Settlement Class Members; (d) the Settlement Class Representatives and Settlement Class Counsel will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives have no interest interests antagonistic to or in conflict with the Settlement Class and have retained experienced and competent counsel to prosecute this matter 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 (f) a class action and class settlement is superior to other methods available for a fair and efficient resolution of this caseLitigation.
Appears in 1 contract
Samples: Settlement Agreement
Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Florida Rules of Civil Procedure 1.220(a), the Court provisionally certifies The Settlement Agreement provides for a class in this matter Settlement Class defined as follows: All U.S. persons who arewhose personal identifying information and/or protected health information was potentially compromised in the Data Security Incident that occurred in April 2022, or have been, patients of Defendant who were treated at Defendant’s U.S. clinics and who visited any websites, patient portals, and/or mobile applications owned, operated, or managed directly or indirectly by Defendant or its subsidiaries or affiliates at least once between November 20, 2017 and up to and including September 21, 2023received notice from ACTS of that Data Security Incident. Excluded Specifically excluded from the Settlement Class are: (i) Defendant, any entity in which Defendant has a controlling interest, and Defendant’s affiliates, parents, subsidiaries, officers, directors, legal representatives, successors, and assigns; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; and (iii) any individual who timely and validly excludes themselves from the Settlement.:
1 Unless otherwise indicated, capitalized All defined terms used herein in this Order Granting Preliminary Approval of Class Action Settlement (“Preliminary Approval Order”) have the same meaning as defined set forth in the Settlement Agreement Agreement, unless otherwise indicated.
(i) ACTS; (ii) the Related Entities; (iii) all Settlement Class Members who timely and Releasevalidly request exclusion from the Settlement Class; (iv) any judges assigned to this case and their staff and family; and (v) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, which was filed with Plaintiffs’ Unopposed Motion for Preliminary Approval causing, aiding, or abetting the criminal activity occurrence of Class Action Settlementthe Data Security Incident or who pleads nolo contendere to any such charge. Pursuant to Federal Rules of Civil Procedure 23(e)(1), the Court finds that giving notice is justified. The Court provisionally findsfinds that it will likely be able to approve the proposed Settlement as fair, reasonable, and adequate. The Court also finds that it will likely be able to certify the Settlement Class for purposes of judgment on the Settlement because it meets all of 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 the Settlement Class Representatives Representative are typical of and arise from the same operative facts and seek the Class Representative seeks similar relief as the claims of the Settlement Class Members; (d) the Settlement Class Representatives and Settlement Class Counsel Representative will fairly and adequately protect the interests of the Settlement Class as the Settlement Class Representatives have Representative has no interest interests antagonistic to or in conflict with the Settlement Class and have has retained experienced and competent counsel to prosecute this matter 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 (f) a class action and class settlement is superior to other methods available for a fair and efficient resolution of this caseLitigation.
Appears in 1 contract
Samples: Settlement Agreement