Class Certification Declaration

Class Certification Declaration

Court:    Case Title:

Case No.:    Judge:

Plaintiff:    Defendant:

Declarant Name:    Declarant Role:

Recitals

WHEREAS, Declarant has personal knowledge of the facts set forth in this Declaration and, if called as a witness, would competently testify thereto; and

WHEREAS, Plaintiff seeks certification of the below-defined class under the applicable rule governing class actions and seeks appointment of class counsel and class representative status for Declarant; and

WHEREAS, this Declaration is submitted in support of Plaintiff's Motion for Class Certification and provides factual and evidentiary basis for the certification factors of numerosity, commonality, typicality, adequacy, predominance, and superiority.

NOW THEREFORE, Declarant declares under penalty of perjury as follows:

1. Proposed Class

Declarant proposes certification of the following class (the "Proposed Class"):

2. Basis of Declarant's Personal Knowledge

Declarant has personal knowledge of the facts stated herein based on: (a) Declarant's own experiences with the practices at issue; (b) review of documents and transactional records maintained in the ordinary course of business; and (c) communications with other putative class members and counsel. A non-exhaustive description of the sources of Declarant's knowledge is set forth below.

3. Numerosity

Based on Declarant's investigation, the Proposed Class consists of a sufficiently large and geographically dispersed group such that joinder of all members is impracticable. Declarant estimates the class contains approximately persons.

4. Commonality and Predominance

Declarant's claims arise from common policies, practices, or transactions by Defendant that raise common questions of law and fact, including but not limited to: uniform contractual terms, standard automated procedures, standardized forms, or company-wide policies. These common issues predominate over any individualized issues, as demonstrated by the following facts and documentary evidence.

5. Typicality

Declarant's claims are typical of the claims of the Proposed Class because they arise from the same course of conduct by Defendant and are based on substantially the same legal theory. Declarant's specific experiences are as follows:

6. Adequacy of Representation

Declarant will fairly and adequately represent the interests of the class and has no conflicts with other class members. Declarant's background and willingness to serve as class representative are described below, and proposed class counsel has the experience, resources, and commitment to prosecute this action competently.

7. Superiority

A class action is superior to individual litigation because it promotes efficiency, consistency, and equitable administration of relief. The Proposed Class is manageable under the applicable procedures and the aggregate litigation will conserve judicial and party resources.

8. Evidence Supporting Certification

The facts and evidence supporting certification include documentary records, transactional databases, company policy documents, and witness testimony. Representative documents and sources are described below and attached as exhibits where available.

9. Class Notice and Plan of Notice

Declarant supports the proposed method of notice attached to the motion and affirms that the proposed notice is reasonably calculated to reach class members, provides clear information regarding the claims and options available to class members, and conforms with applicable due process requirements.

10. Relief Sought

Declarant seeks certification of the Proposed Class, appointment of Declarant as class representative, appointment of the identified counsel as class counsel, and such other relief as the Court deems just and proper.

Declaration and Verification

I, the undersigned Declarant, declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge, information and belief.

Executed on  day of  , , at .

Governing Law; Miscellaneous

Governing Law: This Declaration shall be governed by and construed in accordance with the laws of the jurisdiction of the Court. Any disputes regarding certification shall be determined by the Court in accordance with applicable substantive and procedural law.

Entire Agreement: This Declaration, together with the Motion for Class Certification and accompanying exhibits, constitutes the complete statement of Declarant's factual assertions in support of class certification and supersedes any prior sworn statements on these subjects.

Severability: If any provision of this Declaration is held invalid, illegal, or unenforceable in any respect, the remainder of the Declaration shall remain in full force and effect.

Notices: Any notice required or permitted under this Declaration shall be provided in writing to the addresses for counsel set forth in the motion or the Court's docket.

Amendments and Waiver: Any material amendments to the factual statements in this Declaration must be made by further sworn declaration. No waiver of any provision hereunder shall be effective unless in writing and signed by the party to be charged.

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