Certification of the Settlement Class. For purposes of this Settlement only, the Parties stipulate to the certification of the Settlement Class, which is contingent upon the Court entering the Final Approval Order and Judgment of this Settlement and the occurrence of the Effective Date.
Certification of the Settlement Class. 4.1 If necessary to implement the Settlement, Settlement Class Counsel shall request that the Court enter an order regarding conditional settlement class certification in this Litigation to cover the Settlement Class Period and all claims and individuals covered by this Settlement. The form of class certification order shall, subject to Court approval, expressly state that the Parties and Settlement Class Counsel agree that certification of the Settlement Class is a conditional certification for settlement purposes only, and that Walmart retains its right to object to certification of this Litigation, or any other class action, under Federal Rule 23 or any other applicable rule, statute, law, or provision.
4.2 Any certification of the Settlement Class is a conditional certification for settlement purposes only, and if for any reason the Court does not grant final approval of the Settlement, or if final approval is not granted following the appeal of any order by the Court, or if for any reason the Settlement Effective Date does not occur, the certification of the Settlement Class for settlement purposes shall be deemed null and void, and each Party shall retain all of their respective rights as they existed prior to execution of this Settlement Agreement, and neither this Settlement Agreement, nor any of its accompanying exhibits or any orders entered by the Court in connection with this Settlement Agreement, shall be admissible or used for any purpose in this Litigation.
4.3 Any certification of the Settlement Class for settlement purposes is in no way an admission by Walmart that class certification is proper in this Litigation or any other litigation against Walmart. Moreover, Walmart continues to assert that this Litigation fails to meet the prerequisites necessary for class action treatment under applicable law, especially, but not solely, with respect to predominance and manageability because the need to determine individualized issues make the case unmanageable and inconsistent with due process. The Parties and Settlement Class Counsel further agree that, other than to effectuate the Settlement of this Litigation in this jurisdiction, the certification of the Settlement Class for settlement purposes and all documents related thereto, including this Agreement and all accompanying exhibits and all orders entered by the Court in connection with this Agreement, are only intended to be used under the specific facts and circumstances of this case and are ...
Certification of the Settlement Class. For purposes of this Settlement only, Plaintiffs and ReproSource stipulate to the certification of the Settlement Class, which is contingent upon the Court entering the Final Approval Order and Judgment of this Settlement and the occurrence of the Effective Date. Should: (1) the Settlement not receive final approval from the Court, or (2) the Effective Date not occur, the certification of the Settlement Class shall be void. ReproSource reserves the right to contest class certification for all other purposes. Plaintiffs and ReproSource further stipulate to designate the Class Representatives as the representatives for the Settlement Class.
Certification of the Settlement Class. 18 4.1 The Parties stipulate and agree that, subject to Court approval, the Settlement Class 19 should be conditionally certified pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure 20 solely for purposes of the Settlement embodied in this Amended Settlement Agreement. If, for 21 any reason, this Amended Settlement Agreement is not approved by the Court, the stipulation for 22 certification and all of the agreements contained herein shall be considered null and void as 23 provided in Section 12.6.
1 4.2 Google does not consent to certification of the Settlement Class, or to the propriety 2 of class certification for any purpose, other than to effectuate this Settlement. For the avoidance of 3 doubt, Google does not agree that this, or any, class of Developers could be certified for litigation 4 purposes or that a trial of these claims would be manageable. Google’s agreement to provisional 5 certification for purposes of settlement does not constitute an admission of wrongdoing, fault, 6 liability, or damage of any kind, or that any class certification would be appropriate for litigation 7 or any other purpose other than to effectuate this Settlement.
8 4.3 If for any reason the Effective Date does not occur or this Amended Settlement 9 Agreement is terminated, disapproved by any court (including any appellate court), or not 10 consummated for any reason, the order certifying the Settlement Class for purposes of effectuating 11 the Settlement (and all preliminary and final findings regarding that class certification order) shall 12 be automatically vacated upon notice of the same to the Court. The Action shall then proceed as 13 though the Settlement Class had never been certified pursuant to this Amended Settlement 14 Agreement and such findings had never been made, and the Action shall return to its procedural 15 posture as of May 25, 2022. Additionally, the Parties and their counsel shall not contend that 16 certification (or agreement to certification) of the Settlement Class supports certification of any 17 litigation class if this Amended Settlement Agreement is not consummated and the Action is later 18 litigated and certification is contested by Google under Rule 23 or any equivalent statute or rule.
Certification of the Settlement Class. 57. For the purpose of implementing the settlement provided for under the terms of this Agreement, and for that purpose only, Plaintiffs and Defendant agree to ask the Court to certify the Settlement Class under the Federal Rule of Civil Procedure 23.
Certification of the Settlement Class. (a) Plaintiffs shall seek, and the Defendant shall not oppose, the certification, for settlement purposes only, of the Settlement Class under Rules 23(a) and 23(b)(3)
Certification of the Settlement Class. 11. For settlement purposes only, the Parties will request that the Court certify the Settlement Class.
12. If this Settlement Agreement is terminated or disapproved, or if the Effective Date should not occur for any reason, then the Parties’ request for certification of the Settlement Class will be withdrawn and deemed to be of no force or effect for any purpose in this or any other proceeding.
Certification of the Settlement Class. 54. For Settlement purposes only, Plaintiffs and Navy Federal agree to ask the Court to certify the Settlement Class under the Federal Rules of Civil Procedure.
Certification of the Settlement Class. For purposes of settlement and the proceedings contemplated by this Agreement only, subject to Court approval, the Parties stipulate and agree that a Settlement Class shall be provisionally certified pursuant to Federal Rule of Civil Procedure 23 as defined in Section 1.3, that Plaintiffs shall be the Class Representatives and shall represent the Settlement Class for settlement purposes, and that Xxxx Xxxxx, Xxxxxx Xxxxxx, Xxxxxx Xxxxx and Xxxxxx Xxxxxx of the law firm of Xxxxxxx Xxxxxxx Xxxxxx Xxxxxxxx Xxxxxxxx shall be appointed as Class Counsel for the Settlement Class.
Certification of the Settlement Class. 8 A. Definition of the Settlement Class
