could proceed as a class action, and before any settlement. Under no circumstances does Rule 23 require that notice be given before a class has been certified, and in a class action certified under Rule 23(b)(2), no notice need be given prior to a settlement. Accordingly, the objection is overruled. 5. In the absence of agreement by the parties, a class member is not allowed to opt out of a class action brought under Rule 23(b)(2). Kincade v. General Tire & Rubber Co., 635 F.2d 501, 506-08 (5th Cir. 1981); Pettway v. American Cast Iron Pipe Co., 576 F.2d 1157, 1220 (5th Cir. 1978), cert, den., 439 U.S. 1115, 99 S.Ct. 1020, 59 L.Ed.2d 74 (1979). Cf. Van Gemert v. Boeing Co., 590 F.2d 433, 438 n. 11 (2nd Cir. 1978) (en banc), aff’d, 444 U.S. 472, 100 S.Ct. 745, 62 L.Ed.2d 676 (1980), (<HOLDING>). The Consent Decree imposes substantial
holding that no class member may opt out of a rule 23b1 class action recognizing cause of action by class member against class counsel for negligence in providing notice holding that limitations period begins running anew from the date when the class member exercises the right to opt out because before this time the class member is deemed to be actively prosecuting her rights holding that absent plaintiffs were not bound by a rule 23b1  b2 class action for money damages because the original class action court did not have personal jurisdiction over the plaintiffs and did not provide them with an optout right holding that unnamed class members who had contested fairness of proposed settlement and attempted to opt out of class action were entitled to appeal settlement under virtualrepresentation doctrine