Confirmatory Discovery. The Parties acknowledge that Co-Lead Class Counsel have requested certain discovery in order to further confirm that this settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class and that such discovery has been provided by Defendants and reviewed by Co-Lead Class Counsel.
Confirmatory Discovery. Before entering into this Settlement Agreement, and in response to informal discovery requests for settlement purposes from Plaintiffs, Defendant produced informal discovery that addressed the estimated class size, the manner and mechanism of the Data Incident, and available insurance coverage. In addition, Plaintiffs received assurances that Defendant would maintain reasonable information security policies for a period of 2 years following the execution of this Agreement.
Confirmatory Discovery. 13.01 Class Counsel hereby represent that they have conducted discovery to confirm the accuracy of the information provided to them during the course of the Litigation and the Parties’ settlement negotiations. The purpose of that discovery was to confirm: (a) the total number of Settlement Class Members, i.e., those persons who were actually called by Capital One or by the Participating Vendors on cellular telephone numbers during the Class Period in connection with Capital One’s Credit Card Accounts, and the process used to determine that number; (b) changes to Capital One’s business practices as described in Section 4.01; and (c) to ascertain and evaluate the class claims and potential obstacles to certification as well as other factors relevant to the Settlement. This discovery is to be used solely for purposes of this Settlement and, consistent
Confirmatory Discovery. AHM will provide confirmatory discovery to Class Counsel and a mutually- agreeable technical expert sufficient to show the efficacy of the countermeasures designed to resolve Infotainment System Symptoms and issues in Settlement Class Vehicles set forth in, inter alia, NHTSA-approved recalls, market actions and product updates; OTAs; and service bulletins; to further explain the efficacy and scope of the Extended Warranty; and otherwise work with Class Counsel and AHM on confirmatory discovery in good faith.
Confirmatory Discovery. Following execution of the Memorandum, the Settling Plaintiffs and Settling Defendants will conduct such additional reasonable discovery, which will be completed within 120 days from execution of the Memorandum, as the Parties agree is necessary and appropriate to confirm the fairness, reasonableness and adequacy of the terms of the Settlement; provided, however, that such confirmatory discovery period may be extended by agreement of the Settling Parties if such extension is necessary to ensure that the Settlement is fair, reasonable and adequate.
Confirmatory Discovery. 15.01 Class Counsel shall be entitled to conduct limited written discovery to confirm the accuracy of the information provided to them during the course of the litigation and the Parties’ settlement negotiations. The deadline for Class Counsel to propound such written discovery shall be thirty (30) days after the execution of this Settlement Agreement and Release. The purpose of that discovery shall be to confirm the total number of Class Members, the process used to determine that number, and the names and contact information of Class Members, for purposes of sending Notice. This discovery is to be used solely for purposes of finalizing this settlement and, consistent with Section 17.03 below, may not be used for any purpose in the event this Agreement is terminated or is otherwise not fully and finally approved by the Court.
Confirmatory Discovery. 16 This Settlement Agreement is conditioned upon Defendant providing sufficient confirmatory 17 discovery to accurately establish its sales revenue in California during the Class Period. This 18 confirmatory discovery shall be in the form of a deposition of Defendant’s Person Most 19 Knowledgeable, which has already taken place in New York, New York.
Confirmatory Discovery. As soon as practicable after entering into this agreement, Plaintiff will conduct reasonable, mutually agreeable confirmatory discovery regarding the size of the class. The Parties agree that this discovery shall be used for the sole purpose of settlement, and the information provided as part of this confirmatory discovery process will not be used for any other purpose.
Confirmatory Discovery. Class Counsel may conduct confirmatory discovery of CCC and the Carriers. CCC and the Carriers may assert all appropriate objections to any such discovery, which objections will be resolved by the Court. Any such discovery obtained by Class Counsel from CCC and/or the Carriers shall be subject to the agreed protective order (Exhibit 9 hereto), which shall provide, among other things, that the documents and information provided to Class Counsel are for use in this litigation only.
Confirmatory Discovery. Class Counsel may seek and obtain reasonable additional information and discovery regarding the information that forms the basis of this Agreement. Any such discovery shall be completed prior to the Fairness Hearing, provided that any such discovery requests are made forty-five (45) days before the Fairness Hearing.
