Conditional Certification. The Parties hereby agree, solely for purposes of this settlement, to the certification of a nationwide Settlement Class, to the conditional appointment of Settlement Class Counsel and to the conditional approval of Plaintiff as a suitable Settlement Class Representative. However, if the Court ultimately does not grant final approval of the proposed settlement, or if the Final Approval Order does not become final, Defendant and all other Persons retain all rights they had immediately preceding this Agreement to object to the maintenance of this Action as a class action and, in any event, nothing in this Agreement or in any other papers or proceedings relating to the settlement shall be used as evidence or argument by or against any Party concerning the propriety of class certification in this or any other proceeding.
Conditional Certification. The Parties reached this Agreement before Plaintiffs filed a motion for class certification. Accordingly, Plaintiffs shall include a request for conditional certification as part of the motion for Preliminary Approval that seeks certification of the Settlement Class for settlement purposes only.
Conditional Certification. Among other things, Defendant disputes that a contested class could be certified in the Action. However, solely for purposes of avoiding the expense and inconvenience of further litigation, Defendant does not oppose and hereby agrees to certification of the Settlement Class as set forth herein and for notice and settlement purposes only, pursuant to Federal Rule of Civil Procedure 23(b)(3). Defendant’s agreement shall not be deemed a concession that any contested class could be certified, nor would Defendant be precluded from challenging class certification in further proceedings in the Action or in any other action if the Settlement does not obtain Final Approval and/or of the Effective Date does not occur of any reason. If the Settlement does not obtain Final Approval and/or of the Effective Date does not occur for any reason, Defendant shall not be prejudiced in any way from opposing class certification in the Action or in any other action or proceeding; and Class Plaintiff and persons in the Settlement Class shall not use anything in this Agreement, in any agreement in principle or term sheet, or in the Preliminary Approval Order or Final Approval Order as evidence to support class certification. The Parties shall not be deemed to have waived any claims, objections, rights or defenses, or legal arguments or positions, including but not limited to, claims or objections to class certification, or claims or defenses on the merits. The Parties reserve their respective rights to prosecute or defend this Action in the event that the Settlement does not obtain Final Approval and/or if the Effective Date does not occur for any reason.
Conditional Certification. 4 For the purposes of this Settlement Agreement only, the Parties agree to the certification of 5 the Settlement Class Members. If, for any reason, the Settlement Agreement is not approved, the 6 stipulation to certification will be void. Should the Settlement Agreement not become final, for 7 whatever reason, the fact that the Parties were willing to stipulate to class certification as part of 8 the Settlement shall have no bearing on, and shall not be admissible in connection with, the issue 9 of whether a class should be certified in a non-settlement context in the Lawsuit, and shall have no 10 bearing on, and shall not be admissible in connection with, the issue of whether a class should be 11 certified in any other lawsuit.
