CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. 5.1. Solely for the purpose of effectuating the Settlement set forth in this Agreement and subject to Court approval, the Parties stipulate that a Settlement Class shall be certified in accordance with the definition set forth in this Agreement, that the Class Representatives shall represent the Settlement Class for settlement purposes, and that Plaintiffs’ Counsel shall be appointed as counsel for the Settlement Class.
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. 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 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 Furthermore, if this proposed Settlement is not finally approved or is withdrawn at any time, for reasons detailed in the Settlement Agreement, the conditional class certification will be vacated, and the Action will revert to its same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. Xxxxxx Xxx disputes that a class would be manageable and further denies that a litigation class properly could be certified on the claims asserted in the Action. However, solely for purposes of avoiding the expense and inconvenience of further litigation, Xxxxxx Xxx does not oppose the certification for settlement purposes only of the Settlement Class. Preliminary certification of the Settlement Class shall not be deemed a concession that certification of a litigation class is appropriate, nor would Xxxxxx Mae be precluded from challenging class certification in further proceedings in the Action or in any other action if the Amended Settlement is not finalized or finally approved, including the Najafi Action. If the Amended Settlement is not finally approved by the Court for any reason whatsoever, the certification of the Settlement Class will be void, and no doctrine of waiver, estoppel or preclusion will be asserted in any litigated certification proceedings in the Action. No agreements made by or entered into by Xxxxxx Xxx in connection with the Amended Settlement may be used by Plaintiffs, any person in the Settlement Class or any other person to establish any of the elements of class certification in any litigated certification proceedings, whether in the Action, the Najafi Action or any other judicial proceeding.
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
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. 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. 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.
