Stipulation to Class Certification. 22. The Settling Parties hereby stipulate for purposes of this Settlement only that the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) are satisfied and, subject to Court approval, the Settlement Class defined in Paragraph 19 shall be certified for settlement purposes as to Lafarge. The Settling Parties stipulate and agree to the conditional certification of the Settlement Class for purposes of this Settlement only. Should, for whatever reason, the Settlement not receive Final Approval, the parties’ stipulation to class certification as part of the Settlement shall become null and void. Lafarge expressly reserves its rights to oppose class certification should this Settlement not be granted Final Approval.
Stipulation to Class Certification a. The Settling Parties stipulate and agree, for settlement purposes only, that all prerequisites for certification of the Settlement Class pursuant to Federal Rule of Civil Procedure 23 are met, and Plaintiffs will seek the Court’s certification of the Settlement Class for settlement purposes in their motion for entry of the Final Approval Order and Judgment.
Stipulation to Class Certification. 22. The Settling Parties hereby stipulate for purposes of this Settlement only that the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) are satisfied and that subject to Court approval, the Settlement Class, as defined in Paragraph 17, shall be certified for settlement purposes as to Defendants. The Settling Parties stipulate and agree to the certification of the Settlement Class for purposes of this Settlement only. Should, for whatever reason, the Settlement not receive Final Approval or otherwise be rescinded, the Settling Parties’ stipulation to class certification as part of the Settlement shall become null and void, and no party may cite to or refer to the Court’s approval of the Settlement Class as persuasive or binding authority with respect to any motion to certify any such class or any Defendants’ motion opposing such certification. Defendants expressly reserve their rights to oppose class certification should this Settlement not be granted Final Approval.
Stipulation to Class Certification. The Parties stipulate that the requirements are satisfied and that the Settlement Class may be conditionally certified as a class pursuant to Fed. R. Civ. P. 23(a) and (b)(3) subject to Court approval and for settlement purposes only in accordance with the terms of this Agreement and without prejudice to Defendants’ right to contest class certification in the event that this Agreement fails to become effective or is not fully implemented in accordance with its terms. If the Effective Date does not occur or this Agreement fails to be fully implemented, Defendants reserve all rights to object to any subsequent motion to certify any class in this Litigation, and no representation, concession, or stipulation made in connection with the Settlement or this Agreement shall be considered law of the case or an admission by Defendants or to have any kind of preclusive effect against Defendants or to give rise to any form of estoppel or waiver by Defendants in this Litigation. Defendants reserve all rights to object to any motion to certify any class in any other proceeding, and no representation, concession, or stipulation made in connection with the Settlement or this Agreement shall be considered an admission by Defendants or to have any kind of preclusive effect against Defendants or to give rise to any form of estoppel or waiver by Defendants in any other proceeding.
Stipulation to Class Certification. Solely for the purposes of effectuating this Settlement Agreement, the Parties stipulate and agree to certification of classes. As such, the Parties stipulate and agree that in order for this Settlement Agreement to occur, the Court must certify the Class as defined in this Agreement without modification. If the Court wishes to modify the class definition, this Settlement Agreement is void. If the Settlement Agreement does not become effective, the fact that the Parties were willing to stipulate to certification as part of the Settlement Agreement shall not be admissible or used in any way in connection with the question of whether the Court should certify any claims in a non-settlement context in this Litigation, the Related Litigations, or any other lawsuit or venue. If the Settlement Agreement does not become effective, the Department reserves the right in further proceedings to contest any issues relating to class certification, liability, and damages. Class Counsel will be required to establish that all of the elements of class certification are present so that the Court may certify this Litigation as a class action.
Stipulation to Class Certification. 13. The parties to this Agreement hereby stipulate that the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) are satisfied in this case, and, subject to Court approval, the following Class shall be certified for settlement purposes as to Crompton: All persons (excluding governmental entities, Defendants, other producers of Plastics Additives, and the present and former parents, subsidiaries and affiliates of the foregoing) who purchased Plastics Additives in the United States directly from any of the Defendants formerly, currently or subsequently named in the Action or from any predecessors, parents, subsidiaries or affiliates thereof at any time during the period from January 1, 1990 to and including January 31, 2003.
Stipulation to Class Certification. 22. The parties to this Settlement Agreement hereby stipulate for purposes of this Settlement only that the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) are satisfied and, subject to Court approval, the Settlement Class defined in Paragraph 17 shall be certified for settlement purposes as to USG. The parties stipulate and agree to the conditional certification of the Settlement Class for purposes of this Settlement only. Should, for whatever reason, the Settlement not receive Final Approval, the parties’ stipulation to class certification as part of the Settlement shall become null and void. USG expressly reserves its rights to oppose class certification should this Settlement not be granted Final Approval.
Stipulation to Class Certification. 33. Subject to the Court's approval and for the purposes of this Settlement Agreement only, the undersigned agree to the certification of the following Settlement Class in the Action (the “Settlement Class”): All individuals and entities in the United States who purchased Traditional Reagents directly from any of the Defendants, or their subsidiaries or affiliates, during the Settlement Class Period. Excluded from the Settlement Class are Defendants, subsidiaries, affiliates and Related Persons of Defendants and federal governmental entities. The Settlement does not include purchases of Proprietary Reagents because Class Counsel, in conjunction with its economic expert, determined that there was no class-wide impact from the alleged conspiracy for such purchases.
Stipulation to Class Certification. 34. By its Class Certification Order of August 3, 2007, as amended on January 8, 2008, the Court found that the requirements of the Federal Rules of Civil Procedure 23(a) and 23(b)(3) were satisfied in this case and certified the following class: All individuals and entities who purchased OSB structural panel products in the United States directly from Defendants during the Class Period from June 1, 2002 through February 24, 2006 (the “Class”). Excluded from the Class are Defendants and subsidiaries and affiliates of Defendants and all federal, state or local governmental entities.
Stipulation to Class Certification. 48. Subject to the Court's approval in each of the respective Affected Actions and for the purposes of this Agreement, the parties to each of the Affected Actions agree and stipulate to the certification of the Rubber Chemicals Class, the EPDM Class and the NBR Class as set forth in the Implementing Settlement Agreements attached hereto as Exhibits A through C.
