Class Settlement Procedures Sample Clauses
The Class Settlement Procedures clause outlines the steps and requirements for resolving claims on behalf of a group of individuals in a class action lawsuit. It typically details how class members are notified, the process for submitting claims or objections, and the scheduling of fairness hearings to approve the settlement. This clause ensures that all affected parties are treated fairly and that the settlement process is transparent and orderly, ultimately facilitating efficient resolution of large-scale disputes without the need for individual lawsuits.
Class Settlement Procedures. 52. Plaintiffs shall file with the Court a motion for preliminary approval of the Settlement (“Motion for Preliminary Approval of the Settlement”), along with this Agreement and all exhibits hereto, and move for entry of the Preliminary Approval Order, which Order shall be substantially in the form attached hereto as Exhibit 4.
53. Solely for purposes of the Settlement, Plaintiffs will request as part of the Preliminary Approval Order and Final Approval Order that the Court: (a) approve the terms of the Agreement as fair, adequate, and reasonable; (b) certify this Action as a class action pursuant to Rules 23(a), (b)(3), and (e) of the Federal Rules of Civil Procedure and approve the definition of the Settlement Class; (c) appoint Plaintiffs to serve as the Settlement Class Representatives; (d) appoint Plaintiffs’ Counsel to serve as Settlement Class Counsel pursuant to Rule 23(g) of the Federal Rules of Civil Procedure; (e) approve the appointment of ▇▇▇▇▇ Settlement Administration as Settlement Administrator; (f) approve the form and content of the Notices; (g) approve the procedures for Settlement Class Members to exclude themselves from the Settlement Class or to object to the Settlement; (h) stay the Action pending Final Approval of the Settlement; and (i) schedule a Final Approval Hearing for a time and date mutually convenient for the Court, Settlement Class Counsel, and Defendants’ Counsel.
54. For purposes of this Settlement only, Plaintiffs and Defendants agree to ask the Court to certify the following “Settlement Class” under Rules 23(a), (b)(3), and (e) of the Federal Rules of Civil Procedure: All persons in the United States who, between September 1, 2018, and September 1, 2024, 1) were sent a “marketing”* text message from Defendants, 2) thereafter responded with the word “stop” or the equivalent, and 3) thereafter received a marketing text message from Defendants. * Marketing means offering or advertising the commercial availability or quality of any property, goods, products, or services. The following are excluded from the Settlement Class: (1) the trial judge presiding over this Action; (2) Defendants, as well as any parent, subsidiary, affiliate, or control person of Defendants, and the officers, directors, agents, servants, or employees of Defendants;
Class Settlement Procedures. The events set forth in this Section III, in addition to the occurrence of the "Effective Date" as described in Section I, are conditions precedent to this Agreement becoming effective.
Class Settlement Procedures