Settlement Class Definition. In order to effectuate the Settlement, the Parties agree and consent, for settlement purposes only, that the requirements of Fed. R. Civ. P. 23(a) and Fed.
Settlement Class Definition. For the sole purpose of effectuating this Settlement, Class Representatives and 3M agree that Class Representatives shall request that the Court certify the following “Settlement Class”: Every Active Public Water System in the United States of America that—
Settlement Class Definition. For the sole purpose of effectuating this Settlement, Class Representatives and Settling Defendants agree jointly to request that the Court certify the Settlement Class defined below under Federal Rule of Civil Procedure 23(b)(3):
Settlement Class Definition. For purposes of settlement only, the Parties agree to certification of the following as the Settlement Class: All persons in the United States who, between October 18, 2017 and December 31, 2019, engaged in one or more transactions using a debit card or credit card at any IKEA retail store within the United States, and was thereupon provided an electronically printed receipt displaying the first six (6) and the last four (4) digits of the credit or debit card number used in connection with such transaction(s). Persons meeting this definition are referenced herein collectively as the “Settlement Class,” and individually as “Settlement Class Member.” Excluded from the Settlement Class is any individual class member who properly opts out of the Settlement pursuant to the procedure described herein.
Settlement Class Definition. For purposes of settlement only, and upon the express terms and conditions set forth in this Amended Settlement Agreement, Named Plaintiff agrees to seek certification of a mandatory, nationwide Settlement Class in the Litigation pursuant to Federal Rule of Civil Procedure 23(b)(2). Settling Defendants agree not to contest certification of the conditional Settlement Class but reserve the right to state their position that a class could not be certified as a class action for litigation purposes. The proposed class definition in Plaintiff’s First Amended Complaint will be superseded by the Settlement Class as defined in this Amended Settlement Agreement.1 The Parties have agreed to a new and more precise class definition for purposes of settlement as follows: All original purchasers of an Interstate Batteries trademarked battery (meaning the Interstate Batteries, Nationwide, Power Volt, and Quickstart brands) that was covered by a Previous Interstate Batteries’ Pro-Rata Warranty and that was purchased from an Interstate Batteries authorized dealer (but not from an All Battery Center Store), in the United States or the District of Columbia, at any time from April 19, 2000 through April 30, 2012, and who:
Settlement Class Definition. Solely for the purposes of implementing this Settlement Agreement and effectuating the Settlement, Pursuant to Fed. R. Civ. P. 23, the Parties hereto agree to certification of the following Settlement Class: All residents of the United States who purchased for personal use, and not resale or distribution, a Covered Product between November 1, 2005 and the Preliminary Approval Date. Specifically excluded from the Settlement Class are the following Persons: (i) Defendants and their respective affiliates, employees, officers, directors, agents, and representatives and their immediate family members; (ii) Settlement Class Counsel; and (iii) the judges who have presided over the Litigation and their immediate family members.
Settlement Class Definition. The Court has previously certified the following Class: All persons in the United States who received a text message from Defendants wherein their cellular telephone number was provided by a third party and said text messages were sent using hardware and software owned or licensed to Songwhale or Cellit between November 2010 and January 2013. Excluded from the class are all persons who received a text message from Defendants wherein their cellular telephone number was provided by a subscriber of the calling plan. Persons in the above class are collectively referenced herein as the “Settlement Class,” and individually as “Settlement Class Members.” Excluded from the Class are Defendants, their legal representatives, assigns, and successors, and any entity in which the Defendants have a controlling interest. Also excluded from the Class is the Judge to whom this case is assigned as well as the Judge’s immediate family, and any individual who opts out of the Settlement Class as described below.
Settlement Class Definition. The “Settlement Class” is defined as the U.S. consumers identified by Equifax as having (i) an account pertaining to a Tribal Loan, which was furnished to Equifax by Midwest Recovery and/or CACI, reporting on their Equifax credit file at any time during the Class Period and (ii) had a hard inquiry on their Equifax credit file by a third party during the Class Period and at a time when such an account was reporting on their Equifax credit file. Excluded from the Settlement Class are (i) Equifax, any entity in which Equifax has a controlling interest, and Equifax’s officers, directors, legal representatives, Successors, Subsidiaries, and assigns; (ii) any judge, justice, or judicial officer presiding over the Lawsuit and the members of their immediate families and judicial staff; and (iii) any individual who timely and validly opts out of the Settlement Class.
Settlement Class Definition. 22. As set forth in paragraph 23 herein, as soon as is practicable following the execution of this Settlement Agreement, but not later than August 25, 2012, Plaintiffs shall move the Court for certification of the “Settlement Class” defined as follows: All persons who reside in or are headquartered in Western Pennsylvania and who directly purchased from Highmark, in whole or in part, healthcare insurance, healthcare financing or healthcare administrative services, including commercial, Medicare-related, Medicare Advantage and all other healthcare insurance products offered or administered by Highmark in Western Pennsylvania during the Class Period. Xxxxxxxx agrees that it will not oppose Plaintiffs’ motion. In the event that the Court does not grant Plaintiffs’ motion for certification of the Settlement Class, or if Highmark rescinds this Agreement pursuant to its rights under Paragraphs 24 or 54 below, or if this Agreement otherwise fails to become effective, nothing in this Agreement shall prevent Highmark from contesting class certification in the Action.
Settlement Class Definition. For settlement purposes, the Parties have agreed to define the settlement class as follows: All businesses that received a telephone call from a call center operated by International Payment Services, LLC or one of its affiliates between March 7, 2011 through May 7, 2014, while the call recipient was physically present in California, and who did not sign a contract for merchant processing services with First Data Merchant Services, LLC. Excluded from the class are (i) the Judge and Magistrate Judge presiding over this Lawsuit and members of their immediate families, and (ii) the Xxxxx Fargo Defendants and their employees, subsidiaries, parent companies, successors, and predecessors. Any business meeting the definition of this class shall be referred to herein as a “Settlement Class Member” and, collectively, as the “Settlement Class” or “Settlement Class Members.” The Xxxxx Fargo Defendants dispute that the Putative Xxxxx Fargo-IPS Classes would be manageable or that issues common to the Putative Xxxxx Fargo Classes predominate over individual issues and deny that the Putative Xxxxx Fargo-IPS Classes should be certified on the claims asserted in the Lawsuit. However, solely for the purposes of avoiding the expense and inconvenience of further litigation, the Xxxxx Fargo Defendants do not oppose the certification of the Settlement Class, for settlement purposes only, pursuant to Federal Rule of Civil Procedure 23(b)(3). Preliminary certification of the Settlement Class for settlement purposes shall not be deemed a concession that certification of the Putative Xxxxx Fargo-IPS Classes or any litigation class is appropriate, nor would the Xxxxx Fargo Defendants be precluded from opposing class certification in further proceedings in the Lawsuit if this Agreement does not receive final approval. If the Final Settlement Date does not occur for any reason whatsoever, the certification of the Settlement Class will be void, and no doctrine of waiver, estoppel, or preclusion will be asserted in any proceedings involving the Xxxxx Fargo Defendants. No agreements made by or entered into by the Xxxxx Fargo Defendants in connection with this Agreement may be used by Plaintiffs, any Settlement Class Member, or any other persons or entities to establish any of the elements of class certification in any other proceedings against the Xxxxx Fargo Defendants.
