Plaintiffs and Class Clause Samples

Plaintiffs and Class. Counsel will keep the terms of the settlement confidential until the preliminary approval papers are filed. This shall not restrict Class Counsel from posting information on their respective firm websites to notify Class Members of the Settlement and provide them with the Notice, or communicating directly with Class Members about the Settlement.

Plaintiffs and Class. Counsel represent and warrant that they will not provide any form of supplemental notice to members of the Settlement Class that is not specifically agreed upon by Defendant and approved by the Court. However, nothing contained herein shall limit Class Counsel’s right to communicate with the members of the Settlement Class regarding the regarding the lawsuit or the settlement.

Plaintiffs and Class. COUNSEL agree that she or they will not disparage BWW or any of the Released Parties in any manner potentially harmful to them or their business, business reputation, or personal reputation. This includes, but is not limited to, publishing disparaging statements (whether anonymously or for ascription) on the web, in blogs, in chat rooms, in emails, social media, or in any other electronic means of transmitting information.

Plaintiffs and Class. Counsel shall promptly submit this Settlement Agreement to the Court for preliminary approval and determination by the Court as to its fairness, adequacy, and reasonableness. Promptly upon execution of this Settlement Agreement, Class Counsel shall file an unopposed motion with the Court seeking entry of an order granting preliminary approval of the Settlement and requesting that the Court’s order: a. Preliminarily approve the Settlement; b. Conditionally certify the Settlement Class pursuant to 735 ILCS 5/2- 801, solely for the purpose of this Settlement, in accordance with applicable legal standards and this Agreement; c. Approve as to form and content the Claim Form and proposed Notices; d. Schedule a final fairness hearing on the question of whether the proposed Settlement should be finally approved as fair, reasonable, and adequate as to the Settlement Class; e. Approve and appoint ▇▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇ ▇. ▇▇▇▇▇ of ▇▇▇▇▇▇▇ Law, P.C. as Class Counsel; f. Approve Plaintiffs ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ as Class Representatives; g. Approve Simpluris as Settlement Administrator; and h. Approve the establishment of the Settlement Fund.

Plaintiffs and Class. Counsel acknowledge and agree that payment of Class Counsel’s fees and costs in the amount ordered by Court in its approval order will fully satisfy and represents all attorneys’ fees, costs, and expenses (including but not limited to any fees, costs, and expenses related to depositions, deposition transcripts, transmitting Court-approved notice, reproduction costs, travel expenses, witness fees, and expenses related to testifying and non-testifying experts, consultants, vendors, and claims administrators) incurred by Class Counsel and any attorney or firm representing Plaintiffs and/or Opt-in Plaintiffs, from engagement of counsel through the entry of the Court’s Approval Order, in the Lawsuits. Further, upon execution of the Agreement, Class Counsel will be forever precluded from seeking from Defendants any additional attorneys’ fees, costs, and expenses (including but not limited to any fees, costs, and expenses related to depositions, deposition transcripts, transmitting Court- approved notice, reproduction costs, travel expenses, witness fees, and expenses related to testifying and non-testifying experts, consultants, vendors, and claims administrators incurred in the Lawsuits.

Plaintiffs and Class. Counsel shall have the right to appeal the Court’s determination as to the amount of any Awarded Attorneys’ Fees and Expenses and of any Incentive Awards.

Plaintiffs and Class. Counsel agree that if this Agreement fails to be approved, fails to become effective, or otherwise fails to be consummated, or if there is no Final Settlement Date, the Parties shall retain, and expressly reserve, all of the rights they had before the execution of this Agreement to seek, maintain, oppose, or object to the maintenance of the Action and/or the Related Actions as a class action. Plaintiffs and Class Counsel agree that nothing in this Agreement or other papers or proceedings related to the Settlement shall be used as evidence or argument concerning whether the Action or any Related Action may properly be maintained as a class action, whether the purported class is ascertainable, or whether Class Counsel or Plaintiffs can adequately represent class members under applicable law. If the Agreement is deemed void or the Final Settlement Date does not occur, Plaintiffs and Class Counsel agree not to argue or present any argument, and hereby waive any argument, that Defendants could not contest (or are estopped from contesting) maintenance of this Action or any Related Action as a class action based on any grounds it had prior to the execution of this Agreement; and this Agreement shall not be deemed an admission by, or ground for estoppel against, Defendants that class certification or any claims brought in the Action and/or any Related Actions are proper. If the Agreement is declared void or the Final Settlement Date does not occur, Plaintiffs and Class Counsel retain all rights and arguments they had before execution of this Agreement to oppose Defendants’ positions and arguments. Each of the Parties will be restored to the place he, she or it was in as of the date this Agreement was signed with the right to assert in the Action or any Related Actions any argument or defense.

Plaintiffs and Class. COUNSEL agree that the discussions and the information exchanged in the course of negotiating this SETTLEMENT and AGREEMENT is confidential and was made available on the condition that they not be disclosed to third parties, that they not be the subject of public comment, and that they not be publicly disclosed or used by PLAINTIFFS or CLASS COUNSEL in any way in the ACTION should it not settle, or in any other proceeding.

Plaintiffs and Class. Counsel represent and warrant that there are no pending personal injury claims in the Lawsuit, and that they are unaware of any such claims. Plaintiffs and Class Counsel further represent that they are unaware of any insurance, hospital, medical, Medicaid, Medicare, ERISA, Social Security, SSI, attorney liens, or any other type of lien of any kind whatsoever for any claims alleged in the Lawsuit, and that no parties other than those named in this Settlement Agreement have any interest in or right to the settlement proceeds being paid.