Notice/Approval of Settlement Agreement. The Parties agree to the following procedures for obtaining preliminary approval of the Settlement, certifying the Class for purposes of settlement, notifying the Class Members, obtaining final approval of the Settlement, and implementing payments of Settlement Awards: The Parties shall file a motion with the District Court to obtain preliminary approval of the Settlement in conformity with this Agreement (“Preliminary Approval Motion”) within twenty-one (21) days of the execution of this Agreement by all parties.
1. The Parties will ask the District Court to enter an order (the “Preliminary Approval Order”) preliminarily approving the Settlement and this Agreement, approving the form of the Notice, approving the method of submission of the Notice to the Class and the claims process, and setting a date for a Final Fairness Hearing to determine whether the Court will grant final approval of the Settlement.
2. The Plaintiffs will ask the Court to certify the Class for purposes of settlement, finding Plaintiffs to be adequate and typical class representatives of the Class for purposes of settlement and certifying Plaintiffs’ attorneys as Class Counsel. Solely for purposes of the claims that are subject to this Agreement, and without prejudice to SEIU 775’s right to object to class certification in the event the district court does not issue final approval of the Settlement or if the Settlement otherwise becomes null and void, SEIU 775 agrees that Plaintiffs satisfy the elements of Rule 23 for class certification and stipulates to certification of the Class for settlement purposes only. More specifically, the parties stipulate and agree only for purposes of settling the Case that:
a. The Class is so numerous as to make it impracticable to join all Class Members.
b. There is an ascertainable Class.
c. There are common questions of law and fact including, but not necessarily limited to, the following:
i. Under what circumstances does the First Amendment prohibit the collection of dues from public employees without affirmative consent?
ii. What actions constitute affirmative consent for the purpose of the collection of dues from public employees?
iii. Under what circumstances do bargaining unit members who paid dues without affirmative consent suffer a cognizable constitutional injury?
iv. Whether the good faith defense bars § 1983 claims for dues refunds where the Union collected dues and fees in accordance with a presumptively constitutional state statute?
v. W...
Notice/Approval of Settlement Agreement. The Parties agree to the following procedures for notifying the Settlement Class Members, obtaining preliminary approval and final Court approval of the Settlement, and implementing payment of Settlement Awards to Settlement Class Members:
