Provisional Certification of the Settlement Class. The Court hereby provisionally certifies the Settlement Class solely for purposes of the proposed Settlement, pursuant to Rules 23(a) and (b) of the Federal Rules of Civil Procedure. The Settlement Class
Provisional Certification of the Settlement Class. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, and solely for the purpose of effectuating the Settlement, this Court provisionally certifies a class defined as all persons and entities who purchased or otherwise acquired Endo common stock or ordinary shares1 between November 30, 2012 and June 8, 2017, inclusive, and were damaged thereby (the “Settlement Class”). Excluded from the Settlement Class are: (i) present or former executive officers and directors of Endo during the Class Period, including the Individual Defendants, the Dismissed Defendants, and members of their immediate families (as defined in 17 C.F.R. § 229.404, Instructions (1)(a)(iii) and (1)(b)(ii)); (ii) any of the 1 Effective February 28, 2014, all of Endo Health Solutions Inc.’s outstanding common stock was cancelled and converted into the right to receive Endo International plc ordinary shares on a one-for-one- basis. Accordingly, persons and entities who purchased or otherwise acquired either common stock or ordinary shares (collectively, “common stock”) between November 30, 2012 and June 8, 2017, inclusive, and were damaged thereby are Settlement Class members. foregoing entities’ and individuals’ legal representatives, heirs, successors or assigns; (iii) any entity in which the foregoing entities or individuals have or had a controlling interest, or any affiliate of Endo; and (iv) any person or entity who or which purchased, sold, or otherwise acquired Endo ordinary shares on the Toronto Stock Exchange. Also excluded from the Settlement Class are any persons or entities who or which submit a request for exclusion from the Settlement Class that is accepted by the Court. The provisional certification of the Settlement Class shall be vacated if the Settlement is terminated or not approved by the Court, or if for any other reason the Effective Date does not occur, including as a result of any appeals.
Provisional Certification of the Settlement Class. Pursuant to Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure, the Court provisionally certifies, for purposes of the Settlement only, a Settlement Class consisting of all persons and entities who or which purchased WIMC common stock between August 9, 2016 through August 1, 2017, inclusive and who were damaged thereby (the “Settlement Class”). Excluded from the Settlement Class are Defendants, officers and directors of WIMC during the period between August 9, 2016 and August 1, 2017, inclusive (the “Settlement Class Period”), members of their Immediate Families (defined in the Stipulation) and their legal representatives, heirs, successors or assigns and any entity in which any Defendant has or had a controlling interest during the Settlement Class Period. Also excluded from the Settlement Class are any persons or entities who or which exclude themselves by submitting a request for exclusion that is accepted by the Court.
Provisional Certification of the Settlement Class. Pursuant to Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure, and for the purposes of this settlement only, the Action is hereby preliminarily certified as a class action on behalf of: all persons and entities that purchased or otherwise acquired Xxxxxxx, Inc. common stock between May 2, 2016 and October 8, 2018, inclusive, and were damaged thereby. Excluded from the Settlement Class are Defendants; the officers and directors of the Company during the Settlement Class Period (the “Excluded Officers and Directors”); members of the Immediate Families of the Individual Defendants and of the Excluded Officers and Directors; any entity in which any Defendants, any Excluded Officer or Director, or any of their respective Immediate Family members has and/or had during the Settlement Class Period a controlling interest; and the legal representatives, heirs, successors or assigns of any excluded person or entity, in their respective capacity as such.
Provisional Certification of the Settlement Class. (1) The Court provisionally certifies the following Settlement Class for settlement purposes only: The 1,676 California residents whose social security numbers, among other information, was included on the computer server that was the subject of the Server Theft and that were identified by U.S. Bank in a declaration dated October 21, 2021. The Settlement Class specifically excludes: (i) U.S. Bank and its officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) the Judge or Magistrate Judge to whom members; and (iv) any other person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity or occurrence of the Server Theft or who pleads nolo contendere to any such charge.
Provisional Certification of the Settlement Class. (1) The Court provisionally certifies the following Settlement Class: All residents of the United States who are current or former patients, customers, employees, members, or covered dependents of Nationwide Optometry, P.C., Nationwide Vision Center, LLC, Sightcare, Inc. (collectively “Nationwide- Sightcare”), or any of their affiliated or related business entities whose Personal Information was accessed, stolen, or compromised as a result of the Data Breach. Excluded from the Settlement Class are (i) Nationwide-Sightcare, any Entity in which Nationwide-Sightcare has a controlling interest, and Nationwide-Sightcare’s officers, directors, legal representatives, successors, subsidiaries, and assigns; (ii) any judge, justice, or judicial officer presiding over the Action and the members of 1 Unless otherwise indicated, capitalized terms used herein have the same meaning as in the Settlement. their immediate families and judicial staff; (iii) any individual who timely and validly opts out of the Settlement; and (iv) U.S. Vision, Inc. and USV Optical, Inc. (collectively, “USV”), any Entity in which USV has a controlling interest, and USV’s officers, directors, legal representatives, successors, subsidiaries, and assigns. This Settlement Class is provisionally certified for purposes of settlement only.
Provisional Certification of the Settlement Class. 4. Solely for purposes of the Settlement, the Court conditionally certifies the following class pursuant to Federal Rule of Civil Procedure 23(a) and (b)(3) (“Settlement Class”): All persons residing in the United States who used a payment card to make a purchase at an affected Hy-Vee point-of-sale device during the Security Incident, which as described in the definition of Security Incident occurred during the time frames and at the locations set forth in Exhibit C to the Settlement Agreement and Appendix A to the Publication Notice. Excluded from the Settlement Class are (i) Hy-Vee and its officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) the Judge assigned to evaluate the fairness of this settlement; (iv) the attorneys representing the parties in the Litigation; (v) banks and other entities that issued payment cards which were utilized at Hy-Vee during the Security Incident; and (vi) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Security Incident or who pleads nolo contendere to any such charge.
Provisional Certification of the Settlement Class. 8. For purposes of settlement only: (a) Xxxxxx & Xxxxxx, P.A., Gucovschi Xxxxxxxxxxx, PLLC, and Xxxx Xxxxx Law, LLC are appointed Class Counsel for the Settlement Class; and (b) Xxxxxx X’Xxxxxx, Xxxxx Xxxxx, and Xxxxxxx Xxxxxxxxxx are named Class Representatives. The Court finds that these attorneys are competent and capable of exercising the responsibilities of Class Counsel and that Plaintiffs will adequately protect the interests of the Settlement Class defined below.
Provisional Certification of the Settlement Class. (1) The Court provisionally certifies the following Settlement Class: All residents of the United States whose Personal Information was accessed, impacted, compromised, exfiltrated, or stolen as a result of the Data Breach. Excluded from the Settlement Class are (i) ExecuPharm, and ExecuPharm’s board of directors, legal representatives, successors, subsidiaries, and assigns; (ii) any judge, justice, or judicial officer presiding over the Action and the members of their 1 Unless otherwise indicated, capitalized terms used herein have the same meaning as in the Settlement. immediate families and judicial staff; and (iii) any individual who timely and validly opts out of the Settlement. This Settlement Class is provisionally certified for purposes of settlement only.
