Common use of Class Certification for Settlement Purposes Only Clause in Contracts

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. For settlement purposes only and pursuant to Rules Federal Rule of Civil Procedure 23(b)(3) and (e) of the Federal Rules of Civil Procedure), the Court provisionally certifies a Settlement Class class in this matter (the “Class”) defined as follows: Specifically excluded from All persons residing in the Settlement United States who used a debit or credit card to make a purchase at an Affected Location during its Exposure Window. The Class are: specifically excludes: (i) the Met OperaXxxx’s and its officers and directors; and (ii) all Settlement Class Members who timely and validly submit a Request for Exclusion; (iii) any judges assigned the Judge or Magistrate Judge to whom 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 action is 1 Unless otherwise indicated, capitalized terms used herein have the same meaning as in the Settlement Agreement. assigned and, any member of those Judges’ staffs or immediate family members. 2 The Court provisionally finds, for settlement purposes only, that: (a) the 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) Plaintiffs’ the claims of the 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 Representative Plaintiffs and Lead Counsel and Class Counsel will fairly and adequately protect the interests of the Settlement Class as the 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 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.and

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 The Settlement Agreement provides for a Settlement Class in this matter defined as follows: Specifically excluded All individuals that received or were otherwise sent notice that their Personal Information was potentially compromised due to ParkMobile’s Data Security Incident. Excluded from the Settlement Class are: (i) is the Met Opera; (ii) all judge presiding over this Action and members of his direct family, and Settlement Class Members who timely and validly submit a valid Request for Exclusion; (iii) any judges assigned Exclusion prior to the Action and their staff and family; and (iv) any other Person found by a court Opt-Out Deadline. Pursuant to Federal Rule of competent jurisdiction to be guilty under criminal law of initiatingCivil Procedure 23(e)(1), causing, aiding, or abetting the criminal activity occurrence of the Met Opera Data Security Incident or who pleads nolo contendere to any such chargeCourt 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 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 that are common to the Settlement Class; (c) Plaintiffs’ the claims of the Class 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) Plaintiffs and the Class Counsel Representatives will fairly and adequately protect the interests of the Settlement Class as Plaintiffs the 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 controversyLitigation.