Conditional Certification of Class. For Settlement purposes only, and without any finding or admission of any wrongdoing or fault by Defendant, and solely pursuant to the terms of this Agreement, the Parties consent to and agree to the establishment of a conditional certification of the nationwide Settlement Class, pursuant to Federal Rule of Civil Procedure 23(b)(3).
Conditional Certification of Class. For Settlement purposes only, and without any finding or admission of any wrongdoing or fault by Defendant, and solely pursuant to the terms of this Agreement, the Parties consent and agree to conditional certification of the Settlement Class, pursuant to Federal Rule of Civil Procedure 23(b)(3). This certification is conditional on the Court’s approval of this Agreement. In the event the Court does not approve all material terms of DocuSign Envelope ID: 22A46851-61DB-445F-A46C-D3152294B406 the Agreement, or if the Agreement is voluntarily or involuntarily terminated for any reason, or if the Settlement for any reason does not reach the Effective Date, then certification of the Settlement Class shall be void and this Agreement and all orders entered in connection therewith, including but not limited to any order conditionally certifying the Settlement Class, shall become null and void and shall be of no further force and effect and shall not be used or referred to for any purposes whatsoever in the Actions or in any other case or controversy. And, in such an event, this Agreement and all negotiations and proceedings related thereto shall be deemed to be without prejudice to the rights of any and all Parties hereto, who shall be restored to their respective positions as of the date of this Agreement, and Defendant has not and shall not be deemed to have waived any opposition or defenses it has to any aspect of the claims asserted herein or to whether those claims are amenable to class-based treatment. Moreover, to the extent not already publicly disclosed, the Agreement and all negotiations, statements, proceedings and data relating thereto shall be deemed confidential settlement communications and not subject to disclosure for any purpose in any proceeding. In addition, in such an event, Plaintiffs Xxxxx and Xxxx may, if they dismiss their claims in the Xxxxxxx action, re-file the Xxxxx action within 30 days, and, if they do so, the Parties agree that that re-filed action shall be treated as though it was filed as of the initial filing date of the Xxxxx action for all purposes, including for purposes of any statute of limitation defense as to Plaintiff Xxxxx or Xxxx’x claims. Defendant agrees to certification of the Settlement Class for settlement purposes only. In the event the Settlement is not preliminarily approved, the Parties agree to resume settlement discussions in good faith for at least 21 days. If after 21 days the Parties have not agreed to ame...
Conditional Certification of Class. For Settlement purposes only, and without any finding or admission of any wrongdoing or fault by Defendant, and solely pursuant to the terms of this Agreement, the Parties consent to and agree to the establishment of a conditional certification of the Settlement Class, and specifically the Georgia, Florida, New Jersey New York, and California Settlement Subclasses, pursuant to O.C.G.A. § 9-11-23. This certification for settlement DocuSign Envelope ID: 6E3CCFD2-B3F3-4E95-AE7C-F5E417312631 purposes only is conditional on the Court’s final approval of this Agreement. In the event the Court does not approve all terms of the Agreement and enter the Final Approval Order, or if the Agreement is voluntarily or involuntarily terminated for any reason, then certification of the Settlement Class shall be void and this Agreement and all orders entered in connection therewith, including but not limited to any order conditionally certifying the Settlement Class, shall become null and void and shall be of no further force and effect and shall not be used or referred to for any purposes whatsoever in the Action or in any other case or controversy. And, in such an event, this Agreement and all negotiations and proceedings related thereto shall be deemed to be without prejudice to the rights of any and all parties hereto, who shall be restored to their respective positions as of the date of this Agreement, and Defendant shall not be deemed to have waived any opposition or defenses it has to any aspect of the claims asserted herein or to whether those claims are amenable to class-based treatment.
Conditional Certification of Class. For Settlement purposes only, and without any finding or admission of any wrongdoing or fault by Defendant, and solely pursuant to the terms of this Agreement, the Parties consent to and agree to the establishment of a conditional certification of the nationwide Settlement Class, pursuant to California Civil Code § 382.
Conditional Certification of Class. For purposes of the settlement only, the Court conditionally certifies the Settlement Class, which consists of all individuals over the age of 18 who reside in the United States and purchased the Product in the State of New York between July 1, 2011 and May 31, 2017. Excluded from the Class are: (1) the Xxxxxxxxx Xxxxxx X. Chen, the Xxxxxxxxx Xxxxxx X. Levy, mediator Xxxxx Xxxxxxxxx, mediator Xxxxxxx Xxxxx, Esq., and any member of their immediate families; (2) any of Costco’s and Nice-Pak’s officers, directors, employees, or legal representatives; (3) Product purchases that have already been refunded or voided by Costco, Nice- Pak, or any other retailer; (4) Product purchases that were made for the purpose of resale, including purchases made by Costco business or commercial members; and (5) any person who timely opts out of the Settlement Class.
Conditional Certification of Class. Solely for the purposes of settlement, providing Class Notice, and implementing this Settlement Agreement, the Parties agree to conditional certification of the Class as defined in paragraph 4, which shall be certified for settlement purposes only.
