Common use of Defendant’s Position on the Conditional Certification of Settlement Class Clause in Contracts

Defendant’s Position on the Conditional Certification of Settlement Class. Defendant disputes that a class would be manageable or that common issues predominate over individual ones, and further denies that a litigation class properly could be certified on the claims asserted in this Action. However, solely for purposes of avoiding the expense and inconvenience of further litigation, Defendant does not oppose the certification for settlement purposes only of the Settlement Class. Preliminary certification of the Settlement Class for settlement purposes shall not be deemed a concession that certification of a litigation class is appropriate, nor would Defendant 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 implied or asserted in any litigated certification proceedings in this Action. No agreements made by or entered into by Defendant in connection with the Settlement Agreement may be used by Plaintiff, 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 this Action or any other judicial proceeding.

Defendant’s Position on the Conditional Certification of Settlement Class. Defendant disputes denies that Plaintiff’s claims could be certified as a class action if this case were to proceed in litigation. Defendant contends, among other deficiencies, that Plaintiff’s proposed class is not ascertainable, that individual issues predominate over any common ones, and that a class action would be manageable or that common issues predominate over individual ones, and further denies that a litigation class properly could be certified on the claims asserted in this Actionneither 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 certification Class defined in Section 2.06, for settlement purposes only of the Settlement Classonly, pursuant to Fed. R. Civ. P. 23(b)(3). Preliminary certification of the Settlement Class for settlement purposes shall not be deemed a concession that certification of a litigation class is would be appropriate. Moreover, nor would Defendant be precluded from challenging reserves the right to challenge class certification in further proceedings in this the 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 then 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 or shall be implied or asserted in any litigated certification proceedings in this Actioninvolving Defendant. No agreements made by or entered into by Defendant in connection with the Settlement Agreement may be used by Plaintiff, any person in the Settlement Class Class, or any other person to establish any of the elements of class certification in any litigated certification proceedings, whether in this the Action or any other judicial proceeding.

Defendant’s Position on the Conditional Certification of Settlement Class. Defendant disputes Defendants dispute that a litigation class would be manageable or that common issues predominate over individual ones, and further denies deny that a litigation class may properly could be certified on the claims asserted in this ActionLitigation. However, solely Solely for purposes of avoiding the expense and inconvenience of further litigation, Defendant does Defendants do not oppose the certification for settlement purposes only of the Settlement Class. Preliminary certification of the Settlement Class for settlement the purposes shall of this Settlement only. Defendants’ non- opposition to certification of the Settlement Class will not be deemed a concession that certification of a litigation class is appropriate, nor would Defendant Defendants be precluded from challenging class certification on any claims in further proceedings in this Action Litigation 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 estoppel, or preclusion will be implied or asserted in any litigated certification proceedings in this ActionLitigation or any other action or judicial proceeding. No agreements made by or entered into by Defendant Defendants in connection with the Settlement or this Agreement may be used by Plaintiff, any person in the 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 Litigation or any other judicial action or proceeding.

Defendant’s Position on the Conditional Certification of Settlement Class. Defendant disputes Defendants dispute that a any class would be manageable or that common issues predominate over individual ones, and further denies that a litigation class properly could be certified on the claims asserted for litigation purposes in this Action. However, solely for purposes of avoiding the expense and inconvenience of further litigation, Defendant does Defendants do not oppose the certification for settlement purposes only of the Settlement Class. Preliminary certification of the Settlement Class for settlement purposes shall will not be construed or deemed a concession by Defendants or a finding by the Court that certification of a any litigation class is appropriate, nor would Defendant be and Plaintiff agrees not to argue in any future proceedings that the Settlement Agreement is in any way a concession by Defendants that certification of any litigation class is appropriate. Nor are Defendants 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 estoppel, or preclusion will be implied or asserted in any litigated certification proceedings in this Action. No agreements made by or entered into by Defendant Defendants in connection with the Settlement Agreement may be used by Plaintiff, any person in the Settlement Class Class, 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. In addition, and as explained further in Section 14, notwithstanding and without conceding anything as a result of this Settlement, Defendants dispute Plaintiff’s Action on the merits and deny any liability or wrongdoing whatsoever.

Defendant’s Position on the Conditional Certification of Settlement Class. Defendant disputes that a class would be manageable or that common issues predominate over individual ones, and further denies that a litigation class properly could be certified on the claims asserted in this Action. However, solely for purposes of avoiding the expense and inconvenience of further litigation, Defendant does not oppose the certification for settlement purposes only of the Settlement Class. Preliminary certification of the Settlement Class for settlement purposes shall not be deemed a concession that certification of a litigation class is appropriate, nor would Defendant 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 implied or asserted in any litigated certification proceedings in this Action. No agreements made by or entered into by Defendant in connection with the Settlement Agreement may be used by Plaintiff, 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 this Action or any other judicial proceeding.

Defendant’s Position on the Conditional Certification of Settlement Class. Defendant disputes that a class would be manageable or that common issues predominate over individual ones, and further denies deny that a litigation class properly could be certified on the claims asserted in this the Action. However, solely for purposes of avoiding the expense and inconvenience of further litigation, Defendant does not oppose and hereby agrees to certification of the certification Class defined in Section 2.08, for settlement purposes only of the Settlement Classonly, pursuant to Fed. R. Civ. P. 23(b)(3). Preliminary certification of the Settlement Class for settlement purposes shall not be deemed a concession that certification of a litigation class is appropriate, nor would Defendant be precluded from challenging class certification in further proceedings in this the 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 implied or asserted in any litigated certification proceedings in this Actioninvolving Defendant. No agreements made by or entered into by Defendant in connection with the Settlement Agreement may be used by Plaintiff, 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 this Action the Action, or any other judicial proceeding.

Defendant’s Position on the Conditional Certification of Settlement Class. Defendant disputes that a litigation class would be manageable or that common issues predominate over individual ones, and further denies that a litigation class may properly could be certified on the claims asserted in this ActionLitigation. However, solely Solely for purposes of avoiding the expense and inconvenience of further litigation, however, Defendant does not oppose the certification for settlement purposes only of the Settlement Class. Preliminary certification of the Settlement Class for settlement the purposes shall of this Settlement only. Certification of the Settlement Class will not be deemed a concession that certification of a litigation class is appropriate, nor would Defendant be precluded from challenging class certification in further proceedings in this Action Litigation or in any other action if the Settlement Agreement is not finalized or finally approvedapproved by the Court. 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 estoppel, or preclusion will be implied or asserted in any litigated certification proceedings in this ActionLitigation or any other judicial proceeding. No agreements made by or entered into by Defendant in connection with the Settlement Agreement may be used by Plaintiff, any person in the 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 Litigation or any other judicial proceeding.

Defendant’s Position on the Conditional Certification of Settlement Class. Defendant disputes that a litigation class would be manageable or that common issues predominate over individual ones, and further denies that a litigation class may properly could be certified on the claims asserted in this ActionLitigation. However, solely Solely for purposes of avoiding the expense and inconvenience of further litigation, Defendant does not oppose the certification for settlement purposes only of the Settlement Class. Preliminary certification of the Settlement Class only for settlement the purposes shall of this Settlement. Certification of the Settlement Class will not be deemed a concession that certification of a litigation class is appropriate, nor would Defendant be precluded from challenging class certification in further proceedings in this Action Litigation 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 estoppel, or preclusion will be implied or asserted in any litigated certification proceedings in this ActionLitigation or any other judicial proceeding. No agreements made by or entered into by Defendant in connection with the Settlement Agreement may be used by Plaintiff, any person in the 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 Litigation or any other judicial proceeding.

Defendant’s Position on the Conditional Certification of Settlement Class. Defendant disputes that a class would be manageable or that common issues predominate over individual ones, and further denies that a litigation class properly could be certified on the claims asserted in this the Barani Action. However, solely for purposes of avoiding the expense and inconvenience of further litigation, Defendant does not oppose oppose, and agrees to, certification of the certification Class defined in Section 2.08, for settlement purposes only of the Settlement Classonly, pursuant to Fed. R. Civ. P. 23(b)(3). Preliminary certification of the Settlement Class for settlement purposes shall not be deemed a concession that certification of a litigation class is appropriate, nor would Defendant be precluded from challenging class certification in further proceedings in this the Barani 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 implied or asserted in any litigated certification an proceedings in this Actioninvolving Defendant. No agreements made by or entered into by Defendant in connection with the Settlement Agreement may be used by Plaintiff, 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 this the Barani Action or any other judicial proceeding.

Defendant’s Position on the Conditional Certification of Settlement Class. Defendant disputes 3 Defendants dispute that a class would be manageable or that common issues predominate over individual ones, and further denies that a litigation class could properly could be certified on the claims asserted in this ActionLitigation. However, solely Solely for purposes of avoiding the 6 expense and inconvenience of further litigation, Defendant does however, Defendants do not oppose the certification for settlement purposes only 7 of the Settlement ClassClass for the purposes of this Settlement only. Preliminary certification of the 8 Settlement Class for settlement purposes shall will not be deemed a concession that certification of a litigation class is 9 appropriate, nor would Defendant Defendants be precluded from challenging class certification in further 10 proceedings in this Action Litigation or in any other action if the Settlement Agreement is not finalized or 11 finally approved. If for any reason whatsoever the Court does not enter the Final Approval Order 13 or the Settlement Agreement is does not finally approved by the Court for any reason whatsoeverbecome Final, the certification of the Settlement Class will 14 be void, and no doctrine of waiver, estoppel estoppel, or preclusion will be implied or asserted in any litigated 15 certification proceedings in this ActionLitigation or any other judicial proceeding. No agreements made 16 by or entered into by Defendant Defendants in connection with the Settlement Agreement may be used by Plaintiff17 Plaintiffs, any person in the Settlement Class Member, or any other person Person to establish any of the elements of 18 class certification in any litigated certification proceedings, whether in this Action Litigation or any other judicial proceeding.