Defendant’s Position on Certification of Settlement Class Sample Clauses

Defendant’s Position on Certification of Settlement Class. Defendant denies that Plaintiffs’ claims could be certified as a class action if this case were to proceed in litigation. Defendant contends, among other deficiencies, that Plaintiffs’ proposed class is not ascertainable, that individual issues predominate over any common ones, and that a class action would be neither superior nor manageable. However, solely for purposes of avoiding the expense and inconvenience of further litigation, Defendant does not oppose and agrees to certification of the Settlement Class, for settlement purposes only, pursuant to Mo. Sup. Ct. R. 52.08. Preliminary certification of the Settlement Class for settlement purposes shall not be deemed a concession that certification of a litigation class would be appropriate. Moreover, Defendant expressly reserves the right to challenge class certification in further proceedings in the Action or in any other action if the Settlement is not finalized or finally approved. If the Settlement is not finally approved by the Court for any reason whatsoever, Defendant’s agreement to certification of the Settlement Class for settlement purposes only will be void, and no doctrine of waiver, estoppel, or preclusion will be asserted in any proceedings involving Defendant. No agreements made by or entered into by Defendant in connection with the 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 or any other judicial proceeding.