Amendment of Complaint. Within two business days of enactment of the legislation, or by January 15, 2010, whichever is later, Plaintiffs will file an Amended Complaint to which Defendants will provide written consent provided that such Amended Complaint conforms with the proposed Amended Complaint attached as Exhibit “B” to this Agreement. Defendants’ obligation to answer the Amended Complaint shall be held in abeyance pending Final Approval. Defendants’ written consent to the filing constitutes neither an admission of liability regarding any Funds Administration Claims and/or Land Administration Claims, nor a waiver of any defense to such claims in any form.
Amendment of Complaint. In advance of the Motion for Preliminary Approval, the Parties will stipulate to Plaintiffs amending the operative complaint to dismiss
Amendment of Complaint. Cardtronics agrees to withdraw its opposition to Plaintiffs’ motion for leave to file the Fourth Amended Complaint.
Amendment of Complaint. As a material term and condition of this Settlement, Plaintiff shall, pursuant to the Parties’ stipulation, amend the First Amended Complaint to add Western Recycling, Inc. and Bestway Recycling of Pomona, Inc. as named defendants in the Action.
Amendment of Complaint. Within fourteen (14) days of the execution of this Agreement, the Parties shall sign, and Plaintiff shall file in the Court, a stipulation that, upon Preliminary Approval, Plaintiff should be granted leave to file an amended complaint, to amend the class definition to correspond with the definition of the Settlement Class and to assert claims on behalf of that class of the same type as previously asserted, but under New Jersey law. The stipulation shall provide that Defendant’s deadlines and any other obligations to respond to the amended complaint shall be held in abeyance and, if Preliminary Approval is denied, Final Approval is denied, or a remittur is issued reversing an award of Final Approval, the amended complaint shall be immediately and automatically deemed withdrawn, and the Litigation shall continue on the prior complaint as if the amended complaint were never filed and the Settlement Class never certified, and no reference to the amended complaint or Settlement Class or any documents related thereto shall be made or used against Defendant for any purpose in this Litigation or any other action, lawsuit, or proceeding of any kind whatsoever.
Amendment of Complaint. Within fourteen (14) days of the execution of this Agreement, the Parties shall sign, and Plaintiff shall file in the Court, a stipulation that, upon Preliminary Approval, Plaintiff should be granted leave to file a second amended complaint, to amend the class definition to correspond with the definition of the Settlement Class and to assert claims on behalf of that class of the same type as previously asserted, under the laws of the United States and all states and territories thereof. The stipulation shall provide that Defendant’s deadlines and any other obligations to respond to the second amended complaint shall be held in abeyance and, if Preliminary Approval is denied, Final Approval is denied, or a mandate is issued reversing an award of Final Approval, the second amended complaint shall be immediately and automatically deemed withdrawn, and the Litigation shall continue on the first amended complaint as if the second amended complaint were never filed and the Settlement Class never certified, and no reference to the second amended complaint or Settlement Class or any documents related thereto shall be made or used against Defendant for any purpose in this Litigation or any other action, lawsuit, or proceeding of any kind whatsoever.
Amendment of Complaint. Entry of an Order allowing an amendment of the pleadings to include Plaintiffs’ Fifth Amended Complaint in the form attached as Exhibit 2.
Amendment of Complaint. (1) Together with a fully executed original of this Settlement Agreement, Class Counsel shall deliver to Defendants’ Counsel a signed original of the Stipulation attached hereto as Exhibit A, providing for amendment of the Complaint in the Litigation as set forth in the Amended Complaint attached hereto as Exhibit B.
Amendment of Complaint. As a material term and condition of this Settlement, Plaintiff Xxxxx Xxxxxxxx shall, pursuant to the Parties’ stipulation, file a First Amended Class Complaint in the form and substance attached as Exhibit B to the Declaration of Xxx Xxxx filed on April 13, 2021, in support of Plaintiff’s Motion for Leave to File First Amended Class Complaint. The First Amended Class Complaint seeks to add (1) Xxxx Xxxxx as a plaintiff and class representative,
Amendment of Complaint. Within three (3) business days of the execution of this Agreement, the parties to the Xxxxxx Action shall sign the stipulation that Xx. Xxxxxx be granted conditional leave to file an amended complaint, substantially in the form of Exhibit E. Plaintiffs’ Counsel shall file that stipulation on or before the date of filing the motion for Preliminary Approval.
