CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. 6.1. Solely for the purpose of effectuating the settlement set forth in this Agreement and subject to Court approval, the Parties stipulate that (1) a settlement class shall be certified under Rules 23(b)(2) and 23(b)(3) of the Federal Rules of Civil Procedure in accordance with the definition of the Settlement Class set forth in this Agreement; (2) the Plaintiff shall represent the Settlement Class for settlement purposes; and (3) Plaintiff’s Counsel shall be appointed as the attorneys for the Settlement Class.
CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. Solely for the purposes of settlement, providing Class Notice, and implementing this Agreement, the Parties agree to conditional certification of the Settlement Class, as defined above, which shall be certified for settlement purposes only.
CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. For purposes of implementing this Agreement, and for no other purpose, Whirlpool stipulates to the conditional certification of the Settlement Class. If, for any reason, this Agreement should fail to become effective, Whirlpool’s stipulation to certifying the Settlement Class shall be null and void, and the Parties shall return to their prior positions in the Lawsuit.
CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. For purposes of this proposed Settlement only, a class of plaintiffs (as defined herein and referred to as the “Class”) has been conditionally certified. This does not mean that Named Plaintiffs would be successful if the case went to trial, and this Class Notice and the proposed Settlement do not imply that Defendants are liable to Named Plaintiffs or to any member of the Class or that a class action would be certified in the absence of settlement. Furthermore, if this proposed Settlement is not finally approved or is withdrawn at any time, for reasons detailed in the Settlement Agreement, the conditional class certification will be vacated, and the Action will revert to its same status as before the Settlement Agreement was signed subject to the confirmation of the Chapter 11 Plan as described below.
CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. The Parties acknowledge and agree that the Court has certified a class in this case and agree that the Settlement Class is identical to the class previously certified by the Court: all persons with disabilities or impairments that affect their mobility—including, for example, people who use wheelchairs or other mobility devices, as well as those who are blind or have low vision—and who use or will use pedestrian rights of way in the City of Philadelphia. The Parties further agree that the Settlement Class will be conditionally certified, in accordance with the terms of this Agreement, for the purposes of effectuating the settlement embodied in this Agreement.
CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. 3.1 Solely for the purposes of the settlement and to avoid the expense and inconvenience of further litigation, the Uncertified Settling Defendants stipulate to certification of the Class as to the Uncertified Settling Defendants. Certification of the Class as to the Uncertified Settling Defendants for settlement purposes shall not be deemed a concession by the Uncertified Settling Defendants that certification of a litigation class would have been appropriate under any other circumstances, nor are the Uncertified Settling Defendants hereafter precluded from challenging class certification in this Action if the Settlement is not approved or finalized (such as if the settlement is voided for any reason). If the Settlement is not approved by the Court or is not finalized, the certification of the Class as to the Uncertified Settling Defendants will be void, and no doctrine of waiver, estoppel or preclusion will be asserted in any proceeding involving the Uncertified Settling Defendants. No agreements made by or entered into by the Uncertified Settling Defendants in connection with the Settlement may be used by Plaintiffs, any person in the Class, or any other person to establish any element of class certification in any litigated certification proceeding.
CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. 5.1. Solely for the purposes of this settlement and the proceedings contemplated herein, the Parties stipulate and agree that a Settlement Class shall be certified in accordance with the definition of “Settlement Class Members” contained in Section 2.32 of this Agreement, that the Representative Plaintiff shall represent the Settlement Class Members for settlement purposes, and that Plaintiff’s Counsel shall be appointed as the attorneys for the Settlement Class Members.
5.2. Along with the application for Preliminary Approval of this settlement and this Agreement, the Representative Plaintiff shall apply to the Court for entry of an order conditionally certifying the Settlement Class in accordance with the definition set forth in Section 2.32 of this Agreement, determining that the Representative Plaintiff adequately represents the Settlement Class Members and shall be their class representative, and appointing Plaintiff’s Counsel as Settlement Class counsel, all for purposes of settlement only. Defendant will support Representative Plaintiff’s application.
5.3. The certification of said Settlement Class, the appointment of the Representative Plaintiff to act as the Settlement Class representative, and the appointment of Plaintiff’s Counsel to act as Settlement Class counsel shall be binding only with respect to this settlement and this Agreement. In the event that Final Approval does not occur for any reason, the Order Conditionally Certifying a Plaintiff Settlement Class, this Agreement, and all the provisions of the Order and this Agreement, shall be vacated by their own terms, and the Litigation shall revert to its status with respect to class certification as existed prior to the date of this Agreement.
5.4. In the event that the Court fails to enter the Preliminary Approval order or fails to grant Final Approval (or enters any order that increases the cost or burden to Defendant beyond what is set forth in this Agreement), Plaintiff’s Counsel and Defendant’s Counsel shall endeavor, consistent with this Agreement, to resolve any issues identified by the Court; provided, however, that Defendant shall have the right in its sole discretion at any time to notify the Plaintiff’s Counsel of its election to terminate this Agreement if such resolution involves any unreasonable increase in the cost (including, but not limited to, administration costs) or burden of the Agreement to Defendant.
5.5. In the event that this Agreement and the settlement proposed he...
CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. EMC disputes that a class would be manageable and denies that the litigation properly could be certified on the claims asserted in the Action. However, solely for purposes of avoiding the expense and inconvenience of further litigation, EMC does not oppose the certification for settlement purposes only of the Settlement Class pursuant to Fed. R. Civ. P. 23(b)(3). Preliminary certification of the Settlement Class shall not be deemed a concession that certification of a litigation class is appropriate, nor would EMC be precluded from challenging class certification in further proceedings in the Action or in any other action if the Settlement is not finalized or finally approved.
CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. Pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure and for purposes of the settlement only, the Court hereby conditionally certifies this action as a class action on behalf of the following Settlement Class: All persons within the United States who received a text message from Life Time Fitness, Inc. to a cellular telephone through the use of an online texting service from January 1, 2014, through April 15, 2014.
CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. Solely for purposes of avoiding the expense and inconvenience of further litigation, Defendant does not oppose the certification of the Settlement Class for the purposes of this Settlement only. Preliminary certification of the Settlement Class will not be deemed a concession that certification of a litigation class or any subclass is appropriate, nor will Defendant be precluded from challenging class certification in further proceedings in the Actions or in any other actions if the Settlement Agreement is not finalized or finally approved. If the Settlement Agreement is not finally approved by the Court for CONFIDENTIAL Settlement Communication (FRE 408) June 14, 2024
