Preliminary Class Certification for Settlement Purposes Only. Having made the findings set forth above, the Court hereby preliminarily certifies a plaintiff class for settlement purposes only, pursuant to Federal Rule of Civil Procedure 23(a), 23(b)(2) and (b)(3), in accordance with the terms of the Settlement Agreement (the “Settlement Class”). The Court preliminarily finds, based on the terms of the Settlement described in the Settlement Agreement and for settlement purposes only, that: (a) the Settlement Class is so numerous that joinder of all members is impracticable; (b) there are issues of law and fact that are typical and common to the Class, and that those issues predominate over individual questions; (c) a class action on behalf of the certified Class is superior to other available means of adjudicating this dispute; and (d) as set forth below, Plaintiffs and Class Counsel are adequate representatives of the Class. If the Court does not grant final approval of the Settlement set forth in the Settlement Agreement, or if the Settlement set forth in the Settlement Agreement is terminated in accordance with its terms, then the Settlement Agreement, and the certification of the Settlement Class provided for herein, will be vacated and the Action shall proceed as though the Settlement Class had never been certified, without prejudice to any party’s position on the issue of class certification or any other issue. Defendant retains all rights to assert that the Action may not be certified as a class action, other than for purposes of this Settlement.
Preliminary Class Certification for Settlement Purposes Only. The Action is preliminarily certified as a class action for settlement purposes only, pursuant to Fed.
Preliminary Class Certification for Settlement Purposes Only. The Court preliminarily finds, solely for purposes of the Settlement, that the Rule 23 criteria for certification of the Settlement Class have been met in that: (a) the Settlement Class is so numerous that joinder of all Settlement Class Members in the Action is impracticable; (b) there are questions of law and fact common to the Settlement Class that predominate over any individual questions; (c) the claims of the Class Representatives are typical of the claims of the Settlement Class; (d) the Class Representatives and Class Counsel have and will continue to fairly and adequately represent and protect the interests of the Settlement Class; and (e) a class action is superior to all other available methods for the fair and efficient adjudication of the controversy.
Preliminary Class Certification for Settlement Purposes Only. The Action is 14 preliminarily certified as a class action, for settlement purposes only, pursuant to California Rules 15 of Court Rule 3.769 and Code of Civil Procedure § 382. The Court preliminarily finds for 16 settlement purposes that: (a) the Class certified herein is sufficiently numerous that joinder of all 17 such persons would be impracticable; (b) there are questions of law and fact that are common to 18 the Class, and those questions of law and fact common to the Class predominate over any 19 questions affecting any individual Class Member; (c) the claims of the Plaintiffs are typical of the 20 claims of the Class they seek to represent for purposes of settlement; (d) a class action on behalf 21 of the Class is superior to other available means of adjudicating this dispute; and (e) as set forth 22 below, Plaintiffs and Plaintiffs’ Counsel are adequate representatives of the Class. Defendant 23 retains all rights to assert that the Action may not be certified as a class action, other than for 24 settlement purposes. The Court also concludes that, because the Action is being settled rather 25 than litigated, the Court “need not inquire whether the case, if tried, would present intractable 26 management problems.” See Amchem Prods., Inc. v. Windsor, 000 X.X. 000, 620 (1997).
