The Settlement Class. If you are a youth with a disability who is currently detained at the Xxxx X. Xxxxx Juvenile Hall in Martinez, CA, or who will be detained at the Xxxx X. Xxxxx Juvenile Hall, you may be a member of the proposed settlement class affected by this lawsuit and the proposed Settlement Agreements. Please read this notice carefully because your rights may be affected.
The Settlement Class. A. The Parties agree, for purposes of this Agreement only, to the following Federal Rule of Civil Procedure 23(b)(1), non-opt-out class: All individuals: (1) who submitted Late-Filing Requests under Section 5(g) of the Xxxxxxx x. Xxxxxxxx Consent Decree on or after October 13, 1999, and on or before June 18, 2008; but (2) who have not obtained a determination on the merits of their discrimination complaints, as defined by Section 1(h) of the Consent Decree. Where used in this Agreement, the “Class” refers, individually and collectively, to the Class Representatives, the Class, and each Member of the Class as well as their heirs, administrators, personal representatives, successors, and/or assigns.
B. In accordance with the terms of this Agreement, the Signatory Plaintiffs will move for certification of this Settlement Class, for appointment of some of the Signatory Plaintiffs as the Class Representatives, for appointment of Class Counsel, and for designation of specific counsel from among Class Counsel to serve as Lead Class Counsel and members of the Plaintiffs’ Steering Committee.
The Settlement Class. 2.1 For the purposes of this Settlement only, the Parties stipulate and agree that: (a) the Class shall be certified in accordance with the definition contained in Section 2.2, below; (b) Plaintiffs shall represent the Class for settlement purposes and shall be appointed as the Class Representatives; and (c) Plaintiffs’ Counsel shall be appointed as Class Counsel.
2.2 Subject to Court approval, the following Class shall be certified for settlement purposes: All Illinois residents who appeared in a photograph in Google Photos at any time between May 1, 2015 and the date of Preliminary Approval. Excluded from the Class are: (a) any judge, magistrate, or mediator presiding over the Google Photos BIPA Cases and members of their families; (b) Defendant, Defendant’s subsidiaries, parent companies, successors, predecessors, and any entity in which Defendant or its parents have a controlling interest; (c) Class Counsel; and (d) the legal representatives, successors or assigns of any such excluded persons.
2.3 Defendant conditionally agrees and consents to certification of the Settlement Class for settlement purposes only, and within the context of this Agreement only. If this Agreement, for any reason, is not finally approved or is otherwise terminated, then (a) Defendant reserves the right to assert any and all objections and defenses to certification of a class; (b) neither this Agreement FILED DATE: 4/14/2022 8:11 PM 2019CH00990 nor any Order or other action relating to this Agreement shall be offered by any person as evidence in support of a motion to certify a class for a purpose other than settlement; (c) the Settlement proposed herein shall become null and void and shall have no legal effect and may never be mentioned at trial or in dispositive or class motions or motion papers; and (d) the Parties will return to their respective positions existing immediately before the execution of this Agreement.
2.4 To the fullest extent permitted by law, neither the fact of, nor any provision contained in, this Agreement or its attachments, nor any action taken hereunder shall constitute, be construed as, or be admissible in evidence as, any admission of the validity of any claim or any fact alleged by Plaintiffs in the Google Photos BIPA Cases or in any other pending or subsequently filed action, or of any wrongdoing, fault, violation of law or liability of any kind on the part of Defendant or admission by any of the Parties of the validity or lack thereof of any clai...
The Settlement Class. A. The Parties agree, for purposes of this Settlement Agreement only, to a Federal Rule 23(b)(3), Fed.R.Civ.P., opt-out class, as defined supra.
B. If this Settlement Agreement is approved by the Court, all persons within the Class are bound by its terms, except those Class Members who effectively exercise a right to opt out of the Class and the settlement. Class Members who elect to opt out must do so in writing, in the manner and by the date specified in the Notice of Proposed Class Action Settlement and Fairness Hearing (Ex. I).
The Settlement Class. Based on the record before the Court, including all submissions in support of the Settlement Agreement, objections and responses thereto and all prior proceedings in the Action, as well as the Settlement Agreement itself and its related documents and exhibits, the Court hereby certifies the following nationwide Class (the “Class”) for settlement purposes only: All persons, entities or organizations who, at any time as of or before [date of Preliminary Approval Order], purchased, own(ed), received as a gift or received as a customer service exchange the Mobile Devices manufactured, marketed, sold and/or distributed by Sony Mobile Communications (USA), Inc. in any of the fifty States, the District of Columbia and Puerto Rico. Excluded from the Class are: (a) any persons or entities that purchased or acquired the Mobile Devices for commercial use or resale; (b) any claims aggregators; (c) any person who claims to be an assignee of rights associated with the Mobile Products; (d) Sony Mobile Communications (USA) Inc., their officers, directors and employees; their affiliates and affiliates’ officers, directors and employees; their distributors and distributors’ officers, directors and employees; (e) Plaintiffs’ Class Counsel; (f) judicial officers and their immediate family members and associated court staff assigned to this case; and (g) persons or entities who or which timely and properly exclude themselves from the Class.
The Settlement Class. For purposes of settlement, the Parties agree to certify the following Settlement Class: All persons and entities whose telephone numbers were called by third parties that marketed solar energy products and services on behalf or for the benefit of Defendants on or after July 1, 2014 until the date of Preliminary Approval where:
(1) The third-party initiated a call using an artificial voice, or a prerecorded voice, to (i) advertise the commercial availability or quality of any property, goods, or services; or encourage the purchase or rental of property, goods, or services; (ii) where such persons’ and entities’ telephone numbers were assigned to a cellular phone service or residential line; and (iii) where the third-party failed to obtain Prior Express Written Consent from those persons and entities called; or
(2) The third-party initiated a call using an ATDS to (i) advertise the commercial availability or quality of any property, goods, or services; or encourage the purchase or rental of property, goods, or services; (ii) where such persons’ and entities’ telephone numbers were assigned to a cellular phone service; and (iii) where the third-party failed to obtain Prior Express Written Consent from those persons and entities called; or
(3) The third-party initiated more than one call within a 12-month period
(i) to persons and entities who were registered with the National Do-Not- Call Registry for at least 30 days prior to being called; (ii) encouraging the purchase or rental of property, goods, or services; (iii) where such persons’ and entities’ telephone numbers were assigned to a cellular phone service; and (iv) where the third-party failed to obtain Requisite Do-Not- Call Permission from those persons and entities called. The calls referenced in the class definition shall be collectively referred to as “Covered Calls.” Excluded from the Settlement Class are Defendants, any parent, subsidiary, affiliate or controlled person of Defendants, as well as the officers, directors, agents, servants or employees of Defendants and the immediate family members of such persons, the named counsel in this litigation, and any member of their office and/or firm.
The Settlement Class. Plaintiffs and the GEICO COMPANIES agree and stipulate that a Settlement Class should be certified as a Rule 23(b)(3) opt out class (with a Rule 23(b)(2) component as set forth below) for settlement purposes only, by order of the Court, subject to the exclusions set forth below, to be defined as follows: All persons and/or entities who: (i) are or were Florida healthcare providers (as described by Section 627.736(1)(a), Fla. Stat.), or their assignees; (ii) provided medical services to a person insured by the GEICO COMPANIES under an auto policy that included a deductible applicable to the PIP coverage provided under the policy; (iii) hold an assignment of benefits from said insured; (iv) submitted a claim to the GEICO COMPANIES for payment of such medical services; and (v) had their claim adjusted during the Class Period by applying the statutory reimbursement limitations of Section 627.736, Fla. Stat., to medical services determined to be within the PIP deductible. Excluded from the Settlement Class are: (1) the GEICO COMPANIES, any entities in which the GEICO COMPANIES have a controlling interest, and all of their legal representatives, heirs and successors; and (2) members of the judiciary for the United States District Courts of Florida. The following claims of Settlement Class Members shall be outside of the scope of the Settlement Agreement and the Released Claims, but shall not otherwise affect membership in the Settlement Class: (1) any claims resolved by separate settlement, dismissal with prejudice, or full payment in response to a demand letter;
The Settlement Class. The Settlement Class is defined as follows: All persons to whom on or about May 19, 2021 Rehoboth XxXxxxxx Xxxxxxxxx Health Care Services sent Notice of a Data Breach that was discovered on February 16, 2021, which involved an unauthorized person gaining access to certain systems containing PII/PHI. Specifically excluded from the Settlement Class are: (i) RMCHCS’s officers and directors;
The Settlement Class. All U.S. residents who Qualified Staffing identified as being among those individuals impacted by the Data Incident, including all who were sent notice of the Data Incident. Excluded from the Settlement Class are: (i) Defendant and its officers and directors (ii) the Judge(s) to whom the action is assigned and any member of those Judges’ staffs or immediate family members; and (iii) any other Person found by a court of competent jurisdiction to be a guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge.
The Settlement Class. Any person to whom Afni provided a notification that his or her personal information might have been compromised in the Data Security Incident that occurred on or about June 7, 2021. Excluded from the Settlement Class are: (1) the judges presiding over this Action, and members of their direct families; (2) Settlement Class Members who submit a valid a Request for Exclusion prior to the Opt-Out Deadline; (3) Afni and its respective Officers and Directors; and (4) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the Data Incident or who pleads nolo contendere to any such charge. The Settlement Class may include as many as 261,449 individuals—each, a “Settlement Class Member.”
