Preliminary Certification of Settlement Class. The Court makes the following determinations as to certification of the Settlement Class for settlement purposes only:
(a) The Court preliminarily certifies the Settlement Classes for purposes of settlement only, under Fed. R. Civ. P. 23(a), (b)(2) and (b)(3).
(b) The Settlement Classes are so numerous that joinder of all members is impracticable;
(c) There are questions of law or fact common to the members of the Settlement Classes;
(d) The claims of Plaintiffs are typical of the claims of the other members of the Settlement Classes;
(e) Plaintiffs and are capable of fairly and adequately protecting the interests of the members of the Settlement Classes, in connection with the Settlement Agreement;
(f) Common questions of law and fact predominate over questions affecting only individual members of the Settlement Classes;
(g) The Settlement Classes are ascertainable;
(h) Resolution of the claims in this Action by way of settlement is superior to other available methods for the fair and efficient resolution of the claims of the Settlement Classes.
Preliminary Certification of Settlement Class. 7 4. The Court preliminarily certifies, for settlement purposes only pursuant to Federal Rule 8 of Civil Procedure 23(b)(3), the Settlement Class and subclass defined in the Settlement Agreement as 9 follows:
Preliminary Certification of Settlement Class. A. The Parties stipulate to certification, pursuant to Fed. R. Civ. P. 23(b)(2) and for settlement purposes only, of the following Settlement Class: All Persons who played an NCAA-sanctioned sport at an NCAA member institution on or prior to the Preliminary Approval Date. The Parties also stipulate to certification, pursuant to Fed. R. Civ. P. 23(b)(2) and for settlement purposes only, of the following Contact Sport Settlement Subclass: All Persons who played an NCAA-sanctioned Contact Sport at an NCAA member institution on or prior to the Preliminary Approval Date. The Parties further stipulate to certification, pursuant to Fed. R. Civ. P. 23(b)(2) and for settlement purposes only, of the following Non-Contact Sport Settlement Subclass: All Persons who played an NCAA-sanctioned non-Contact Sport at an NCAA member institution on or prior to the Preliminary Approval Date. The Contact Sport Settlement Subclass and Non-Contact Sport Settlement Subclass may be jointly referred to as the “Settlement Subclasses.” Specifically excluded from the Settlement Class and the Settlement Subclasses are the following persons. Specifically excluded from the Settlement Class and the Settlement Subclasses are the following persons:
(i) The NCAA and the NCAA’s officers and directors;
(ii) Class Counsel;
(iii) The Special Master;
(iv) The judges who have presided over this Litigation.
B. Solely for the purpose of implementing this Agreement and effectuating the Settlement, the NCAA stipulates to the Court entering an order preliminarily certifying the Settlement Class and Settlement Subclasses; appointing the Class Representatives as representatives of the Settlement Class, the Contact Sport Class Representatives as representatives of the Contact Sport Settlement Subclass, and the Non-Contact Sport Class Representatives as representatives of the Non-Contact Sport Settlement Subclass; and appointing the following as Settlement Class Counsel: Xxxxx X. Xxxxxx, Esq. XXXXXX XXXXXX XXXXX XXXXXXX LLP 0000 Xxxxxx Xxxxxx, Xxxxx 0000 Seattle, Washington 98101 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 E-mail: xxxxx@xxxxxxx.xxx Xxxxxx X. Xxxxxx, Esq. XXXXXX PC 00 Xxxxx Xxxxx Xxxxxx, Xxxxx 0000 Chicago, Illinois 60602 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 E-mail: xxxxxxx@xxxxxx.xxx
C. Solely for purposes of this Settlement, the NCAA does not object to the certification of the Settlement Class and Settlement Subclasses. The NCAA’s failure to so object shall not const...
Preliminary Certification of Settlement Class. Pursuant to Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure, the Court preliminarily certifies, for purposes of the Settlement only, the Settlement Class of: all persons and entities who or which purchased or otherwise acquired Xxxxxxx publicly traded common stock during the period from April 3, 2017 through October 28, 2019, inclusive, and were allegedly damaged thereby. Excluded from the Settlement Class are: (i) Defendants; (ii) members of the immediate families of the Individual Defendants; (iii) any person who was an officer or director of Peabody during the Settlement Class Period; (iv) any firm, trust, corporation, or other entity in which any Defendant has or had a controlling interest; (v) Peabody’s employee retirement and benefit plan(s) and their participants or beneficiaries, to the extent they made purchases through such plan(s); and (vi) the legal representatives, affiliates, heirs, successors-in-interest, and/or assigns of any such excluded person or entity. Also excluded from the Settlement Class will be any person who or which timely and validly seeks exclusion from the Settlement Class as set forth herein.
Preliminary Certification of Settlement Class. The Court hereby certifies, for 11 settlement purposes only, the following Settlement Class: 12 All persons residing in the United States to whom Defendant 13 Convergent Outsourcing, Inc. sent notification that their personal information may have been compromised by unauthorized third 14 parties as a result of the data security incident discovered by Convergent on or about June 17, 2022. 16 Excluded from the Settlement Class are the Court and all members of the Court’s staff, and 17 persons who timely and validly request exclusion from the Settlement Class.
Preliminary Certification of Settlement Class. A. The Parties stipulate to certification, for settlement purposes only, of a Settlement Class defined as follows: All Persons who purchased or leased a model year 2009–2013 BMW X5 xDrive35d or 2009–2011 BMW 335d vehicle on or before the Preliminary Approval Date. Specifically excluded from the Settlement Class are the following persons:
(i) the BMW Defendants and their officers, directors, and employees; and the BMW Defendants’ corporate affiliates and corporate affiliates’ officers, directors, and employees;
(ii) Class Counsel;
(iii) the judges who have presided over the Action;
(iv) Persons who have settled with, released, or otherwise had claims dismissed with prejudice or had claims adjudicated on the merits against the BMW Defendants arising from the same allegations or circumstances as the Action;4 and 4 Plaintiffs whose claims were dismissed from the Action with prejudice to refiling their claims against the BMW Defendants as an individual or on behalf of a putative class but without prejudice to their claims as an absent putative class member are not excluded from the Settlement Class.
Preliminary Certification of Settlement Class. The Parties stipulate to certification, for settlement purposes only, of the Settlement Class defined as follows: All persons who, from January 28, 1989 through the date of preliminary approval of this proposed settlement, (a) insured a private passenger automobile under an auto insurance policy issued by one or more of the insurance Carriers listed in Exhibit 1; (b) made a first-party property damage claim to one or more of the Carriers for physical damage to an insured automobile, truck, or van with a gross vehicle weight of 10,000 pounds or less; (c) were informed by the Carrier that the vehicle had been declared a total loss; and where (d) the Carrier had requested a valuation from CCC Information Services Inc. (“CCC”); and (e) the insured was tendered a payment from the Carrier for the totaled vehicle. Excluded from this Settlement Class are the following persons:
Preliminary Certification of Settlement Class. 3. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, the Court preliminarily certifies, solely for settlement purposes, a Settlement Class defined as follows: All persons or entities who, from January 1, 2005 to the date of the Preliminary Approval Order, entered into an SSA bond transaction with a Defendant; a direct or indirect parent, subsidiary, affiliate, or division of a Defendant; a Released Party; or an alleged co-conspirator, where such Persons were either domiciled in the United States or its territories or, if domiciled outside of the United States or its territories, entered into an SSA bond transaction in the United States or its territories or that otherwise involved United States trade or commerce. Excluded from the Settlement Class are Defendants, their co-conspirators identified herein, and their officers, directors, management, employees, current subsidiaries or affiliates, and all federal governmental entities; provided, however, that Investment Vehicles shall not be excluded from the definition of the Settlement Class.
4. Solely for purposes of the Settlement set forth in the Settlement Agreement, the Court preliminarily finds that the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) have been satisfied, as follows: (a) the members of the Settlement Class are so numerous that joinder of all members of the Settlement Class is impracticable; (b) there are questions of law and fact common to the Settlement Class, and these common questions predominate over any individual questions; (c) the claims of Class Plaintiffs are typical of the claims of the Settlement Class; (d) Class Plaintiffs and Co-Lead Counsel have fairly and adequately represented and protected the interests of the Settlement Class; and (e) a class action is superior to other available methods for the fair and efficient adjudication of the controversy, considering (i) the interests of members of the Settlement Class in individually controlling the prosecution of separate actions; (ii) the extent and nature of any litigation concerning the controversy already begun by members of the Settlement Class; (iii) the desirability or undesirability of concentrating the litigation of these claims in this particular forum; and (iv) the likely difficulties in managing this Action as a class action.
5. If the Effective Date does not occur with respect to the Settlement Agreement because of the failure of a condition that affects the Settlement Agreement, this...
Preliminary Certification of Settlement Class. Pursuant to Federal Rule of Civil Procedure 23, the Court preliminarily certifies, for settlement purposes only, the Settlement Class defined in the Class Settlement Agreement as follows: All individuals residing in the United States who were sent an Incident Notice in or about June 2020, concerning the Data Incident that occurred between May 10, 2020 and May 28, 2020 and any Person asserting a right to a Released Claim through that individual.
Preliminary Certification of Settlement Class. A. The Parties stipulate to certification, pursuant to Fed. R. Civ. P. 23(b)(2) and for settlement purposes only, of the following Settlement Class: All Persons who played an NCAA-sanctioned sport at an NCAA member institution on or prior to the Preliminary Approval Date. Specifically excluded from the Settlement Class are the following persons:
(i) The NCAA and the NCAA’s officers and directors;
(ii) Class Counsel; and
(iii) The judges who have presided over this Litigation.
B. Solely for the purpose of implementing this Agreement and effectuating the Settlement, the NCAA stipulates to the Court entering an order preliminarily certifying the Settlement Class, appointing the Class Representatives as representatives of the Settlement Class and appointing the following as Settlement Class Counsel: Xxxxx X. Xxxxxx, Esq. XXXXXX XXXXXX XXXXX XXXXXXX LLP 0000 Xxxxxx Xxxxxx, Xxxxx 0000 Seattle, Washington 98101 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 E-mail: xxxxx@xxxxxxx.xxx Xxxxxx X. Xxxxxx, Esq. XXXXXX PC 00 Xxxxx Xxxxx Xxxxxx, Xxxxx 0000 Chicago, Illinois 60602 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 E-mail: xxxxxxx@xxxxxx.xxx
C. Solely for purposes of this Settlement, the NCAA does not object to the certification of the Settlement Class. The NCAA’s failure to so object shall not constitute, in this or any other proceeding, an admission by the NCAA of any kind or any determination that certification of a nationwide class for trial purposes is appropriate. If the Settlement is not granted final approval or this Agreement is otherwise terminated or rendered null and void, the certification of the above-described nationwide Class shall be automatically vacated and shall not constitute evidence or any sort of binding determination that the requirements for certification of a nationwide class for trial purposes in this or any other action are satisfied; in such circumstances, the NCAA reserves all rights to challenge certification of any class or subclass for trial purposes in the MDL Action or in any other action on all available grounds as if no nationwide class had been certified in this Litigation for purposes of Settlement.
