Settlement Class Conditional Certification Sample Clauses
Settlement Class Conditional Certification. In connection with the proceedings on Preliminary and Final Approval of the proposed Settlement and solely for the purposes of settlement, providing Class Notice and implementing this Settlement Agreement, Plaintiff shall seek (and Intermex will not oppose) orders (preliminary and final, respectively) certifying the Settlement Class pursuant to Rule 23 of the Federal Rules of Civil Procedure for settlement purposes only. If the Settlement is not finalized or finally approved by the Court for any reason whatsoever, the certification of the Settlement Class is voidable by any Party, the Litigation will return to its status as it existed prior to this Settlement Agreement, and no doctrine of waiver, estoppel or preclusion will be asserted in any litigated class certification proceedings or otherwise asserted in any other aspect of the Litigation or in any other proceeding.
Settlement Class Conditional Certification. In connection with the proceedings on Preliminary and Final Approval of the proposed Settlement and solely for the purposes of settlement, providing Class Notice and implementing this Settlement Agreement, Plaintiff shall seek (and ▇▇▇▇▇ ▇▇▇ will not oppose) orders (preliminary and final, respectively) certifying the Settlement Class for settlement purposes only. If the Settlement is not finalized or finally approved by the Court for any reason whatsoever, the certification of the Settlement Class is voidable by any Party, the Litigation will return to its status as it existed prior to this Settlement Agreement, and no doctrine of waiver, estoppel or preclusion will be asserted in any litigated class certification proceedings or otherwise asserted in any other aspect of the Litigation or in any other proceeding. In such an event, i.e., if the Settlement is not finalized or finally approved by the Court, the Parties agree that ▇▇▇▇▇ ▇▇▇ will be entitled to file a motion to FILED DATE: 4/1/2024 9:36 PM 2024CH00435 dismiss based on venue, and Plaintiff will not object to the dismissal. If for any reason such motion is denied, Plaintiff agrees to voluntarily dismiss and refile the Litigation either in Miami, Florida or in arbitration.