Defendants’ Position. Defendants will take no position on an application by Plaintiffs’ Lead Counsel for attorneys’ fees and expenses, or on fee applications by Counsel for Canadian Plaintiffs.
Defendants’ Position. Defendants will take no position on any application by Plaintiffs for their attorneys’ fees and expenses.
Defendants’ Position. Defendant has denied and continues to deny these claims asserted in the lawsuit. Defendant contends that the PPO discounts and Usual and Customary Reductions taken by its payor clients fully complied with its preferred provider agreements and applicable law and that its xxxx review services were proper.
Defendants’ Position. On The Conditional Certification Of Settlement Class. Defendants deny that a litigation class properly could be certified on the claims asserted in this Action, disputes that the litigation of this case on a class-wide basis would be manageable, and disputes that the Settlement Class is entitled to any recovery. Solely for purposes of avoiding the expense and inconvenience of further litigation, however, Defendants do not oppose the certification of the Settlement Class for purposes of this Settlement Agreement only. Certification of the Settlement Class will not be deemed a concession that certification of a litigation class is appropriate, nor would Defendants be precluded from challenging class certification in further proceedings in this Action or in any other action if the Settlement Agreement is not finalized or finally approved. If the Settlement Agreement 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 this Action or any other judicial proceeding. No agreements made by or entered into by Defendants in connection with the Settlement may be used by Lead Plaintiff, Class Counsel, any Settlement Class Member, or any other person to establish any of the elements of class certification in any litigated certification proceedings, whether in this Action or any other judicial proceeding.
