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 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 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—
(a) has one or more Impacted Water Sources as of the Settlement Date; or
(b) does not have one or more Impacted Water Sources as of the Settlement Date, and
(i) is required to test for certain PFAS under UCMR-5, or
(ii) serves more than 3,300 people, according to SDWIS. Excluded from the Settlement Class are the following:
A. The Public Water Systems listed in Exhibit G, which are associated with a specific PFAS-manufacturing facility owned by 3M.
B. Any Public Water System that is owned by a state government, is listed in SDWIS as having as its sole “Owner Type” a “State government” (as set forth in Exhibit H), and lacks independent authority to sue and be sued. Solely for purposes of this Settlement Agreement, the Court may correct any misidentification of “Owner Type” in SDWIS prior to Final Approval, in accordance with Paragraph 5.2.
C. Any Public Water System that is owned by the federal government, is listed in SDWIS as having as its sole “Owner Type” the “Federal government” (as set forth in Exhibit I), and lacks independent authority to sue and be sued. Solely for purposes of this Settlement Agreement, the Court may correct any misidentification of “Owner Type” in SDWIS prior to Final Approval, in accordance with Paragraph 5.2.
D. The Public Water Systems that are listed in Exhibit J and have previously settled their PFAS-related Claims against 3M.
E. Any privately owned well that provides water only to its owner’s (or its owner’s tenant’s) individual household and any other system for the provision of water for human consumption that is not a Public Water System.
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):
5.1.1. The Settlement Class shall consist of each of the following:
(a) All Public Water Systems in the United States of America that draw or otherwise collect from any Water Source that, on or before the Settlement Date, was tested or otherwise analyzed for PFAS and found to contain any PFAS at any level; and
(b) All Public Water Systems in the United States of America that, as of the Settlement Date, are (i) subject to the monitoring rules set forth in UCMR 5 (i.e., “large” systems serving more than 10,000 people and “small” systems serving between 3,300 and 10,000 people), or (ii) required under applicable federal or state law to test or otherwise analyze any of their Water Sources or the water they provide for PFAS before the UCMR 5 Deadline.
5.1.2. The following are excluded from the Settlement Class:
(a) Any Public Water System that is located in Bladen, Brunswick, Columbus, Cumberland, New Hanover, Pender, or Xxxxxxx counties in North Carolina; provided, however, that any such system listed in this Paragraph 5.1.2(a) otherwise falling within clauses (a) or (b) of Paragraph 5.1.1 will be included within the Settlement Class if it so requests.
(b) Any Public Water System that is owned and operated by a State government and cannot sue or be sued in its own name, which systems within Paragraph 5.1.1(a) or 5.1.1(b)(i) are listed in Exhibit I to this Settlement Agreement.
(c) Any Public Water System that is owned and operated by the federal government and cannot sue or be sued in its own name, which systems within Paragraph 5.1.1(a) or 5.1.1(b)(i) are listed in Exhibit J to this Settlement Agreement.
(d) In the event that a Public Water System not listed on Exhibit I or Exhibit J, including a Public Water System within Paragraph 5.1.1(b)(ii), claims that it is owned and operated by a State government or the federal government and cannot sue or be sued in its own name, the Parties will consider that claim as provided in Paragraph 5.1.3.
(e) Any privately owned well or surface water system that is not owned by, used by, or otherwise part of, and does not draw water from, a Public Water System within the Settlement Class.
5.1.3. In the event that the Parties agree that a Public Water System, including any within Paragraph 5.1.1(b)(...
Settlement Class Definition. For the sole purpose of effectuating this Settlement, Class Representatives and Tyco 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 has one or more Impacted Water Sources as of May 15, 2024. Excluded from the Settlement Class are the following:
A. The City of Marinette Waterworks, denoted as Water System ID “WI4380395” in the SDWIS; provided, however, that the City of Marinette Waterworks will be included within the Settlement Class if it so requests.
B. Any Public Water System that is owned by a State government and lacks independent authority to sue and be sued.
C. Any Public Water System that is owned by the federal government and lacks independent authority to sue and be sued.
D. Any privately owned well that provides water only to its owner’s (or its owner’s tenant’s) individual household and any other system for the provision of water for human consumption that is not a Public Water System.
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. 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:
(i) later presented that original battery, during the applicable pro-rata-warranty-coverage period, to an
(ii) still had, on or before April 30, 2012, an unexpired contractual right under a Previous Interstate Batteries’ Pro-Rata Warranty to purchase a Replacement Battery in a pro-rata-warranty-adjustment transaction if their original battery fails under the terms of the Previous Interstate Batteries’ Pro-Rata Warranty.
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. For settlement purposes, the Parties have agreed to define the settlement class as follows:
