Class Certification. (a) The Court shall have certified the Action as a non-opt out class action for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), with Named Plaintiffs as the named Settlement Class representative, Xxxxx Xxxxxxxx Sellers & Toll, PLLC and Xxxxxx Xxxxxxxx, L.L.P. as Class Counsel, and with the “Settlement Class” as defined above. (b) As a condition of settlement, the Parties agree to stipulate to certification of the Action as a non-opt out class action, and the Class as a non-opt-out class, for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), on the foregoing terms. If the Settlement does not become Final, then no Settlement Class will be deemed to have been certified by or as a result of this Settlement Agreement, and the Action will for all purposes revert to its status as of the day immediately prior to the date on which the Term Sheet was executed.
Appears in 5 contracts
Samples: Settlement Agreement, Class Action Settlement Agreement, Settlement Agreement
Class Certification. (a) The Court shall have certified the Action as a non-opt out class action for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), with Named Plaintiffs as the named representatives of the Settlement Class representative(“Class Representatives”), Xxxxxx Xxxxxxxx and Xxxxxxx Topaz as Lead Class Counsel and Xxxxx Xxxxxxxx Sellers & Toll, PLLC and Xxxxxx Xxxxxxxx, L.L.P. Xxxxx Xxxxxxx as the Class CounselCounsel Committee, and with the a “Settlement Class” as defined in § 1.19 above.
(b) As a condition of settlement, the The Parties agree to stipulate to certification of the Action as a non-opt out class action, and the Class as a non-opt-out class, action for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), on the foregoing terms. If the Settlement does not become Final, then no Settlement Class will be deemed to have been certified by or as a result of this Settlement Agreement, and the Action will for all purposes revert to its status as of the day immediately prior to the date on which the Term Sheet was executedOctober 18, 2018.
Appears in 3 contracts
Samples: Class Action Settlement Agreement, Settlement Agreement, Class Action Settlement Agreement
Class Certification. (a) The Court shall have certified the Action as a non-opt out class action for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), with Named Plaintiffs Plaintiff as the named Settlement Class representative, Xxxxxx Xxxxxxxx L.L.P. and Xxxxx Xxxxxxxx Sellers Xxxxxxx & Toll, PLLC PLLC, and Xxxxxx Xxxxxxx X. Xxxxxxxx, L.L.P. PLC as Class Counsel, and with the a “Settlement Class” as defined above.
(b) As a condition of settlement, the The Parties agree to stipulate to a certification of the Action as a non-opt out class action, and the Class as a non-opt-out class, action for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), on the foregoing terms. If the Settlement does not become Final, then no Settlement Class will be deemed to have been certified by or as a result of this Settlement Agreement, and the Action will for all purposes revert to its status as of the day immediately prior to the date on which the Term Sheet was executed.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Class Certification. (a) The Court shall have certified the Action as a non-opt out class action for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), with Named Plaintiffs Plaintiff as the named Settlement Class representative; Xxxxx, Xxxxx Xxxxxxxx Sellers Xxxxxxx & TollXxxxx, PLLC LLP and Xxxxxx XxxxxxxxXxxxxxx Topaz Xxxxxxx & Check, L.L.P. LLP as Class Counsel, and Xxxxxxxx LLC as Liaison Counsel; and with the a “Settlement Class” as defined abovein § 1.21.
(b) As The Parties shall have stipulated to a condition of settlement, the Parties agree to stipulate to certification of the Action case as a non-opt out class action, and the Class as a non-opt-out class, action for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), on the foregoing terms. If the Settlement does not become Final, then no Settlement Class will shall be deemed to have been certified by or as a result of this Settlement Agreement, and the Action will for all purposes revert to its status as of the day immediately prior to the date on which the Term Sheet was executedMarch 25, 2016.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Certification. (a) The Court shall have certified the Action as a non-opt out class action for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), with appointing the defined Named Plaintiffs as representatives of the named Settlement Class representativeclass; appointing Xxxxx, Xxxxxxx & Xxxxx Xxxxxxxx Sellers LLP and Xxxxxxx Topaz Xxxxxxx & TollCheck, PLLC and Xxxxxx Xxxxxxxx, L.L.P. LLP as Class Counsel, ; and with the a “Settlement Class” as defined abovein § 1.25.
(b) As a condition of settlement, the The Parties agree to stipulate to a certification of the Action case as a non-opt out class action, and the Class as a non-opt-out class, action for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), on the foregoing terms. If the Settlement does not become Final, then no Settlement Class will be deemed to have been certified by or as a result of this Settlement Agreement, and the Action will for all purposes revert to its status as of February 26, 2018, the day immediately prior to before the date on which the Term Sheet was executedmediation occurred.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Certification. (a) The Court shall have certified the Action as a non-opt out class action for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), with Named Plaintiffs as the named representatives of the Settlement Class representative(“Class Representatives”), Xxxxxx Xxxxxxxx and Kessler Topaz as Lead Class Counsel and Xxxxx Xxxxxxxx Sellers & Toll, PLLC and Xxxxxx Xxxxxxxx, L.L.P. Xxxxx Xxxxxxx as the Class CounselCounsel Committee, and with the a “Settlement Class” as defined in § 1.19 above.
(b) As a condition of settlement, the The Parties agree to stipulate to certification of the Action as a non-opt out class action, and the Class as a non-opt-out class, action for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), on the foregoing terms. If the Settlement does not become Final, then no Settlement Class will be deemed to have been certified by or as a result of this Settlement Agreement, and the Action will for all purposes revert to its status as of the day immediately prior to the date on which the Term Sheet was executedOctober 18, 2018.
Appears in 1 contract
Samples: Settlement Agreement
Class Certification. (a) The Court shall have certified the Action as a non-opt out class action for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), with Named Plaintiffs as the named Settlement Class representativerepresentatives, Xxxxxx Xxxxxxxx, L.L.P., and Xxxxx Xxxxxxxx Sellers & Toll, PLLC and Xxxxxx Xxxxxxxx, L.L.P. as Class Counsel, and with the “Settlement Class” as defined above.
(b) As a condition of settlement, the Parties agree to stipulate to certification of the Action as a non-opt out class action, and the Class as a non-opt-out class, for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), on the foregoing terms. If the Settlement does not become Final, then no Settlement Class will be deemed to have been certified by or as a result of this Settlement Agreement, and the Action will for all purposes revert to its status as of the day immediately prior to the date on which the Term Sheet was executed.
Appears in 1 contract
Samples: Class Action Settlement Agreement