Settlement Class Defined. Without admitting that a class otherwise exists and without any concession that the requirements of Section 382 of the California Code of Civil Procedure or any other applicable law are satisfied, the Parties agree to certification of a class action strictly for purposes of this Agreement. In this respect, solely for purposes of this Agreement, the Parties agree that the Settlement Class is defined as: All tenants who terminated the lease of their residential unit at any of the Subject Properties and moved out of their residential units from September 23, 2015 through December 31, 2020, and who had charges deducted from their security deposit and/or were invoiced for charges as part of the move-out process other than for rent or utilities, but including utility portal charges. The Parties are agreeing to class certification for settlement purposes only. This Agreement shall not constitute, in this or any other proceeding, an admission of any kind by Defendants, including without limitation, that Defendants committed any violation of statute or other wrongdoing, that Defendants are liable to Named Plaintiffs or to any other Class Members, that certification of a class for trial or any other purpose is appropriate or proper or that Named Plaintiffs or any Class Member can establish any of the requisite elements for class treatment of any of the claims in this Action. If, for any reason, the Settlement is not finally approved, this Agreement will be void and the Parties will be restored to their respective positions in the lawsuit as if they had not entered into this Agreement. The Parties further agree that this Agreement or any documents or orders issued related to this Settlement will not be admissible, other than according to the Settlement’s terms, in this or any other proceeding as evidence that either: (i) a class action should be certified, or (ii) Defendants are liable to Named Plaintiffs or any Class Member.
Settlement Class Defined. The certified settling class (“Class”) is defined as follows (members of the Class are sometimes referred to in this Notice as “Class Members”): The Class is comprised of all persons who, between November 27, 1996 and December 31, 2004 were employed in California as claims adjusters by Allstate. As used in the Class definition, the term “claims adjuster” refers to any individual whose assigned duties as an employee of Allstate included, but were not limited to, the adjustment and/or investigation and/or analysis and/or evaluation of the monetary worth of any claim made to Allstate for any bodily injury, property damage, and/or monetary damage of every nature and type and who have been or currently are paid as exempt employees as the same are defined pursuant to statute and/or California or federal regulatory determination. As of the date of the settlement, Allstate has represented that the job titles which comprise the Class Members who work at Allstate claims offices in California are as follows: Claim Representative Claim Adjuster Claim Service Adjuster Senior Claim Representative Senior Claim Adjuster Senior Claim Service Adjuster Staff Claim Representative Staff Claim Adjuster Staff Claim Service Adjuster Senior Staff Claim Representative Staff Claim Analyst SIU Adjuster Subrogation Adjuster Appraisers Claims Specialist Claims Consultant Evaluation Consultant Damage Evaluator
Settlement Class Defined. Solely for the purposes of this settlement, the Parties agree to Fed. R. Civ. P. 23 class action treatment with respect all claims raised in the Lawsuit. The Settlement Class is defined as all individuals who have worked in the position of SERVER, including head wait, at any of Defendants’ restaurants in Massachusetts at any time from January 18, 2005, up to the date of final Court approval of the settlement.
Settlement Class Defined. 2.1 Notwithstanding the prior order of the Court certifying the Class and two Subclasses, and Defendants’ right to petition for decertification, the Parties agree to certification of the Action strictly for purposes of this Agreement as set forth below. In this respect, solely for purposes of this Agreement, the Parties agree that the Settlement Class is defined as: All former tenants of Defendants who moved out during the Class Period from whom Defendants withheld more than $125.00 of their security deposits other than for Unpaid Rent and Utilities. The following are excluded from the Settlement Class:
