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.
23. Neither this Settlement Agreement, nor any statement, transaction, or proceeding in connection with the negotiation, execution or implementation of this Settlement Agreement, should be intended to be, construed as, or deemed to be evidence of an admission or concession by Lafarge that a class should be or should have been certified for any purposes other than settlement, and none of them shall be admissible in evidence for any such purpose in any proceeding.
Stipulation to Class Certification. 20. The Settling Parties hereby stipulate for purposes of this Settlement only that the requirements of Federal Rules of Civil Procedure 23(a), 23(b)(2), and 23(b)(3) are satisfied and, subject to Court approval, the Settlement Class shall be certified for settlement purposes as to Xxxxxxx Xxxxxxx. 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 become Effective, the Settling Parties’ stipulation to class certification as part of the Settlement shall become null and void.
21. Neither this Settlement Agreement, nor any statement, transaction, or proceeding in connection with the negotiation, execution, or implementation of this Settlement Agreement should be intended to be, construed as, or deemed to be evidence of an admission or concession by Xxxxxxx Xxxxxxx that a class should be or should have been certified for any purposes other than settlement, and none of them shall be admissible in evidence for any such purpose in any proceeding.
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.
b. Should, for whatever reason, a Final Approval Order and Judgment not issue or the Settlement Agreement be otherwise 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 motion opposing such certification. Groupon expressly reserves its rights to oppose class certification should the Court not issue a Final Approval Order and Judgment.
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 Defendant’s 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, Defendant reserves 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 Defendant or to have any kind of preclusive effect against Defendant or to give rise to any form of estoppel or waiver by Defendant in this Litigation. Defendant reserves 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 Defendant or to have any kind of preclusive effect against Defendant or to give rise to any form of estoppel or waiver by Defendant in any other proceeding.
Stipulation to Class Certification. The Settling Parties hereby stipulate for purposes of this Settlement only that the requirements of Federal Rules of Civil Procedure 23(a), 23(b)(2), and 23(b)(3) are satisfied and, subject to Court approval, the Settlement Class shall be certified for settlement purposes as to @properties. 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 become Effective, the Settling Parties stipulation to class certification as part of the Settlement shall become null and void.
Stipulation to Class Certification. 1. The Parties hereby stipulate for the purposes of this Settlement Agreement 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 Settlement Class defined in paragraph A23 shall be certified for settlement purposes as to the Releasees.
2. The Parties’ agreement as to certification of the Settlement Class is only for the Purpose of effectuating this settlement and for no other purpose. The Parties retain all of their respective positions, objections, arguments and/or defenses with respect to class certification if the Settlement Agreement is rescinded or otherwise 1 The Parties obtained the list of telephone numbers from HOA’s prior vendor, State of Text, LLC (“SoT”), whose database of information was used to determine which recipients of the January 28, 2015 text are Class Members. The Parties agreed to exclude telephone numbers that HOA contends did not receive the message based on “error codes” shown in the sender Silver Pop’s transmission logs. does not receive Final Approval as defined herein. The Parties acknowledge that there has been no stipulation to a class or certification of a class for any purposes other than effectuating the Settlement Agreement, and that if the Settlement Agreement does not receive Final Approval as defined herein, this agreement as to certification of the Settlement Class becomes null and void ab initio and no party may cite to this Settlement Agreement or certification of the Settlement Class in support of or against an argument for certifying a class.
Stipulation to Class Certification. 13 3.1. The Settling Parties hereby stipulate, for purposes of this Settlement 14 only, that the requirements of Federal Rules of Civil Procedure 23(a), 23(b)(2), and 15 23(b)(3) are satisfied and, subject to Court approval, the Settlement Class shall be 16 certified for settlement purposes pursuant to the terms and conditions set forth in this 17 Settlement Agreement. The Settling Parties stipulate and agree to conditional 18 certification of the Settlement Class for purposes of this Settlement only. Should the 19 Court not grant Final Approval of the Settlement, for whatever reason, this 20 stipulation to class certification shall become null and void. 21
Stipulation to Class Certification. 21. 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 conditional 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.
22. The Settling Parties agree that any filings or orders related to conditional class certification sought pursuant to Paragraph 21 are irrelevant and may not be cited or referred to in any way in the Indirect Purchaser action pending in the United States District Court for the Eastern District of Virginia, Lead Civil Action No. 3:18-cv-00850-JAG.
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.
23. Neither this Settlement Agreement, nor any statement, transaction or proceeding in connection with the negotiation, execution or implementation of this Settlement Agreement should be intended to be, construed as, or deemed to be evidence of an admission or concession by USG that a class should be or should have been certified for any purposes other than settlement, and none of them shall be admissible in evidence for any such purpose in any proceeding.
Stipulation to Class Certification. 24. The Settling Parties hereby stipulate for purposes of this settlement only, that the requirements of Federal Rules of Civil Procedure 23(a), 23(b)(2), and 23(b)(3) are satisfied and, subject to Court approval, the Settlement Class shall be certified for settlement purposes as to Stipulating Party. 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 become Effective, the Settling Parties’ stipulation to class certification as part of the Settlement shall become null and void.
25. Neither the Settlement, Appendix C, or Settlement Agreement, nor any statement, transaction, or proceeding in connection with the negotiation, execution, or implementation of the Settlement, Appendix C, or Settlement Agreement should be intended to be, construed as, or deemed to be evidence of an admission or concession by Stipulating Party that a class should be or should have been certified for any purposes other than settlement, and none of them shall be admissible in evidence for any such purpose in any proceeding.
