Amended Complaint Sample Clauses

Amended Complaint. As part of the Settlement, Plaintiff will file a First Amended Complaint to add California Dairy Farms, LLC and Xxxxx Dairy Properties, LLC as defendants. Plaintiff will draft and file a joint stipulation at the same time Plaintiff moves for Preliminary Approval, requesting the Court grant leave to file the amended complaint, which will be attached to the stipulation, simultaneously with Plaintiff’s Preliminary Approval. The joint stipulation to amend the complaint should make said amendment contingent on the court’s granting of Preliminary Approval. Plaintiff’s stipulation will also request the Court deem the First Amended Complaint responded to by Defendant’s operative Answer on file.
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Amended Complaint. Within 10 days after execution of the Settlement Agreement, Plaintiff Xxxxxx shall file an Amended Complaint that adds Xxxx Xxxx as a Named Plaintiff. Defendants will not oppose the motion.
Amended Complaint. The Named Plaintiffs will file an Amended Complaint with their Motion for Preliminary Approval. A copy of that Amended Complaint is attached hereto as Exhibit C.
Amended Complaint. Simultaneous to seeking preliminary approval of the Settlement, Plaintiff will seek leave to file the Amended Complaint (in the form annexed hereto as Exhibit A) incorporating all claims and adding all parties addressed by this Settlement. Upon the Effective Date, the Action will be dismissed with prejudice. The Quicktrim Parties shall not be required to respond to the Amended Complaint and, pursuant to this Agreement, all material allegations thereof shall be deemed to have been denied by the Quicktrim Parties. In the event the Court declines to grant leave to file an amended complaint, the Quicktrim Parties shall have the right in their sole discretion to terminate this agreement on five days written notice.
Amended Complaint. 68. As soon as practicable after execution of this Agreement, Plaintiff will file (or, if necessary, seek leave to file) an amended complaint. Defendant will not oppose any request for leave to file an amended complaint that makes only the changes assert claims related to typical negotiation adjustments on behalf of a typical negotiation adjustment sub-class. In the event that the proposed Settlement is terminated in accordance with Paragraph 52, Plaintiff shall withdraw the amended complaint. If, after withdrawal of the amended complaint, Plaintiff either re-files it or seeks leave to re-file it, Defendant will not oppose that effort based on timeliness of the re- filing. Further, the Parties agree that if successfully re-filed, the amended complaint’s effective date, for purposes of statutes of limitation analysis, shall be when it was first disclosed to Defendant’s Counsel during settlement negotiations.
Amended Complaint. As part of the Settlement, Plaintiff will file a Third Amended Complaint to add claims for overtime violations pursuant to the Fair Labor Standards Act, for meal and rest period violations pursuant to California law, and for paid sick leave violations pursuant to California law. Plaintiff will draft and file a joint stipulation at the same time Plaintiff moves for Preliminary Approval, requesting the Court grant leave to file the amended complaint, which will be attached to the stipulation, simultaneously with Plaintiff’s Preliminary Approval. The joint stipulation to amend the complaint should make said amendment contingent on the Court’s granting of Preliminary Approval. Plaintiff’s stipulation will also request the Court deem the Third Amended Complaint responded to by Defendant’s operative Answer on file.
Amended Complaint. By December 19, 2022, the Original Plaintiffs shall file a stipulated motion for leave to file an Amended Complaint naming the Defendant Counties that have approved this Settlement and the Sub-Class Representatives as to those Counties as Plaintiffs.
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Amended Complaint. As part of Plaintiff’s Motion for Preliminary Approval of Class Action Settlement, Plaintiff will file a Second Amended Class and Representative Action Complaint (“SAC”) to (i) add Xxxxxxx and Xxxxx XxXxxxxxxxx dba XxXxxxxxxxx Xx as named defendants, (ii) allege factual allegations pertaining to Defendants’ alleged failure to include the value of bonuses in the regular rate of pay resulting in the underpayment of overtime wages to Settlement Class Members and (iii) add a cause of action for rest period violations. These allegations shall also be added to Plaintiff’s cause of action for PAGA penalties.
Amended Complaint. The Parties will stipulate to the filing of an agreed upon amended complaint, after review/comment by Defendant, which adds the PAGA claims as set forth in the State Court PAGA Action to the Action, and dismiss the State Court PAGA Action without prejudice.
Amended Complaint 
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