Preliminary Certification of the Settlement Class. 1. Solely for the purpose of implementing this Agreement and effectuating the Proposed Settlement, Defendant stipulates to entry of a Preliminary Approval Order (in the form of the proposed Order without material change), preliminarily certifying the Settlement Class, appointing the Plaintiff as representative of the Settlement Class, and appointing the following as Class Counsel for the Settlement Class: XXXXXXXXXXX XXXXXXX & LIBER LLP Xxxxxx X. Xxxxx (0064834) Xxxxx X. Xxxxxx (0093921) 0000 Xxxxxxxx Xxxxxx Xxxx, Xxxxx 0000 Cleveland, OH 44114 (000) 000-0000 (000) 000-0000 (FAX) xxxxxx@xxxxxxxx.xxx xxxxxxx@xxxxxxxx.xxx EDELSBERG LAW, P.A. Xxxxx Xxxxxxxxx, Esq. 00000 XX 00xx Xxxxxx, Xxxxx 000 Aventura, FL 33180 Telephone: (000) 000-0000 xxxxx@xxxxxxxxxxxx.xxx XXXXXX & XXXXXXX, P.A. Xxxxxx X. Xxxxxx, Esq. 00 XX 0xx Xxxxxx, Xxxxx 000 Miami, FL 33132 Telephone: (000) 000-0000 xxxxxxx@xxxxxxxxxxxxx.xxx
2. The Parties and their respective counsel agree that the settlement of this Action is not a concession by Founders that a litigation class could properly be certified in this Action, and Plaintiff and Class Counsel agree not to argue, in this or any other proceeding, that the fact of this settlement or Founders’ stipulation to the Certification of the Settlement Class constitutes such a concession or otherwise demonstrates the efficacy of class certification.
3. Plaintiff shall submit this fully executed Agreement to the Court and request entry of the Proposed Preliminary Approval Order, which as a condition of settlement must be entered by the Court without material change from Exhibit 1, and specifically that:
(a) preliminarily approves this Agreement;
(b) finds that the Court possesses personal jurisdiction over all Settlement Class Members and possesses subject matter jurisdiction to preliminarily approve this Agreement;
(c) preliminarily certifies the Settlement Class, approves the Plaintiff as class representative of the Settlement Class, and appoints Class Counsel as counsel for the Settlement Class;
(d) finds that the Proposed Settlement is sufficiently fair, reasonable, and adequate to warrant providing Notice to the Settlement Class;
(e) approves the Notice Plan;
(f) approves the Claim Forms to be distributed to and/or used by Settlement Class Members, and sets a Claims Submission Deadline by which the Claim Forms must be submitted in order to be deemed timely which shall be no later than fifteen (15) days after the Final Approval Hearing;
(g) approv...
Preliminary Certification of the Settlement Class. In accordance with the Settlement Agreement, and pursuant to Rules 23(a) and (b)(1) of the Federal Rules of Civil Procedure, this Court hereby conditionally certifies the following class (“Settlement Class”): All persons who participated in the Plan at any time during the Class Period (July 7, 2014 through July 7, 2020), including any Beneficiary of a deceased person who participated in the Plan at any time during the Class Period, and any Alternate Payee of a person subject to a Qualified Domestic Relations Order who participated in the Plan at any time during the Class Period. Excluded from the Settlement Class are Defendants and their Beneficiaries.
Preliminary Certification of the Settlement Class. The Court preliminarily certifies, for settlement purposes only pursuant to Federal Rule of Civil Procedure 23(e), the Class defined in the Settlement Agreement as follows: 1 Unless otherwise defined herein, all terms capitalized herein shall have the same definitions ascribed to them as in the Settlement Agreement.
Preliminary Certification of the Settlement Class. 33. Upon execution of this Stipulation, Plaintiff shall submit this Stipulation to the Court and request an order substantially in the form set forth in Exhibit “2” (“Preliminary Approval Order”) that will among other things:
(a) Preliminarily certify the Settlement Class, as defined herein, for settlement purposes and designate the following attorney as counsel for the Settlement Class (“Class Counsel”): Xxxx Xxxxxxxxxxxx Xxxxxxxxxxxx Law Firm, P.C. 0000 Xxxxxxxxx Xx., XX Xxxxx 000 Xxxxxxx, Xxxxxxx 00000 xxxx@xxxxx.xxx (000) 000-0000 Preliminary certification and all actions associated with preliminary certification are undertaken on the condition that the certification and designations shall be automatically vacated if this Stipulation is terminated or is disapproved in whole or in part by the Court, any appellate court and/or any other court of review, or if the agreement to settle is revoked pursuant to Paragraph 74, in which event this Stipulation and the fact that it was entered into shall not be offered, received or construed as an admission or as evidence for any purpose, including the “certifiability” of any class, as discussed in Paragraphs 76-77 of this Stipulation;
(b) Preliminarily approve this Stipulation as sufficiently fair and reasonable to warrant sending notice to the Settlement Class preliminarily certified for settlement purposes;
(c) Preliminarily enjoin any Class Member from bringing a new alleged class action or attempting to amend an existing action to assert any class claims that would be released pursuant to the Stipulation;
(d) Appoint Atticus Administration, LLC as the Class administrator (“Administrator”);
(e) Direct that Class Counsel and the Administrator cause the Individual Notice to be distributed by text message and/or first class mail, postage prepaid, bearing the return address of the Administrator not less than sixty (60) days before the Final Approval Hearing set by the Court to all Class Members reasonably identified through the searches described in Paragraphs 36-37, below, addressed in care of and to the last known address corresponding to the license plate number as identified by records maintained by Defendant as described below;
(f) Determine that distribution of the Individual Notice and Publication Notice as described herein, are the reasonable and best practicable notice under the circumstances; are reasonably calculated to apprise Class Members of the pendency of the Xxxxxx Action and Xxxxxxx Action and of ...
Preliminary Certification of the Settlement Class. In accordance with the Settlement Agreement, and pursuant to Rules 23(a) and (b)(1) of the Federal Rules of Civil Procedure, this Court hereby preliminarily certifies for settlement purposes only the following class (“Settlement Class”): All participants and beneficiaries of the Plan, at any time on or after June 30, 2014 through the date of this Order (the “Class Period”), including any beneficiary of a deceased person who was a participant in the Plan at any time during the Class Period, and any Alternate Payees, in the case of a person subject to a QDRO who was a participant in the Plan at any time during the Class Period. The Class shall exclude all Defendants and their beneficiaries.
Preliminary Certification of the Settlement Class. Solely for the purpose of settlement in accordance with the Settlement Agreement, and pursuant to Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure, this Court hereby conditionally certifies the following class (“Settlement Class”): All persons who obtained residential mortgage loans originated and/or acquired by GMAC Mortgage, GMAC Bank (now known as Ally Bank), and/or their affiliates on or after January 1, 2004, with private mortgage insurance which was reinsured by Cap Re.
Preliminary Certification of the Settlement Class. 1. Solely for the purpose of implementing this Agreement and effectuating the Proposed Settlement, Defendants stipulate to entry of a preliminary approval order (in the form of the Proposed Preliminary Approval Order attached as Exhibit 1 or including the substance of the Proposed Preliminary Approval Order attached as Exhibit 1), preliminarily certifying the Settlement Class, appointing Plaintiff as representative of the Settlement Class, and appointing the following as Class Counsel for the Settlement Class:
Preliminary Certification of the Settlement Class. 39. Upon execution of this Agreement, Xxxx shall submit this Agreement to the Court and request entry of the Preliminary Approval Order, which will among other things:
(a) Preliminarily certify the Settlement Class, as defined herein, for settlement purposes only, and designate the following attorneys as counsel for the Settlement Class (“Class Counsel”):
Preliminary Certification of the Settlement Class. In accordance with the Settlement Agreement, and pursuant to Rules 23(a) and (b)(1) of the Federal Rules of Civil Procedure, this Court hereby conditionally certifies the following class (“Settlement Class”): All persons who participated in the Plan at any time during the Class Period (August 21, 2014 through the date the Preliminary Approval Order is entered by the Court), including any Beneficiary of a deceased person who participated in the Plan at any time during the Class Period, and any Alternate Payee of a person subject to a Qualified Domestic Relations Order who participated in the Plan at any time during the Class Period. Excluded from the Settlement Class are Defendants and their Beneficiaries.
Preliminary Certification of the Settlement Class. In accordance with the Settlement Agreement, and pursuant to Rules 23(a) and (b)(1) of the Federal Rules of Civil Procedure, this Court hereby conditionally certifies the following class (“Settlement Class”): All persons who participated in the Plan at any time during the Class Period (July 14, 2014 through the date the Preliminary Approval Order is entered by the Court), including any Beneficiary of a deceased person who participated in the Plan at any time during the Class Period, and any Alternate Payee of a person subject to a Qualified Domestic Relations Order who participated in the Plan at any time during the Class Period. Excluded from the Settlement Class are Defendants and their Beneficiaries.2
