Amendment to Complaint Clause Samples
Amendment to Complaint. In connection with the mediation, Defendant provided Plaintiff with time punch and pay data and other information relating to the members of the Settlement Class. That information was analyzed by Plaintiff, and the Parties negotiated this Settlement with the intention of resolving not only the claims asserted in the Complaint, but also claims for: (i) failure to authorize and permit rest periods, or pay premium pay for non-compliant rest periods, (ii) failure to issue accurate, itemized wage statements; and (iii) violations of the Labor Code Private Attorney General Act of 2004 (“PAGA”) that could have been premised on the facts, claims, causes of action or legal theories alleged in the Complaint and also related to rest periods and wage statements. Therefore, as a material term and condition of this Settlement, the Parties agree to stipulate, for settlement purposes only, that Plaintiff be granted leave to file a First Amended Complaint to add causes of action for (i) failure to authorize and permit rest periods, or pay premium pay for non-compliant rest periods,(ii) failure to issue accurate, itemized wage statements; and (iii) violations of the PAGA. Defendant shall cooperate, as necessary, to stipulate to and/or otherwise effectuate the filing of the First Amended Complaint. Defendant shall cooperate, as necessary, to with respect to Plaintiff sending a letter to the Labor & Workforce Development Agency asserting claims based on the allegations asserted in the proposed First Amended Complaint in the Action. This Settlement is expressly conditioned upon the Court granting leave to file the First Amended Complaint. If the Court denies preliminary or final approval of this settlement for any reason, then the First Amended Complaint shall be stricken and the pleadings in this Lawsuit shall be restored as if no settlement was reached by the parties. The Proposed First Amended Complaint is attached to this Settlement as Exhibit A. If the Court grants preliminary approval and leave for Plaintiff to file the First Amended Complaint, Plaintiff shall file the First Amended Complaint within ten court days, and Defendant is not required to file an answer to the First Amended Complaint
Amendment to Complaint. In connection with the mediation, Defendants provided Plaintiff with time punch and pay data and other information relating to the members of the Settlement Class. That information was analyzed by Plaintiff, and the Parties negotiated this Settlement with the intention of resolving not only the claims asserted in the Complaint, but also claims based on Plaintiff’s allegations that Defendants violated Labor Code section 203 by paying Plaintiff and Settlement Class Members who were separated their final wages on an ATM card without their permission. In light of the Settlement and as a condition thereof, the Parties stipulate for purposes of effectuating the terms of the Settlement only, as part of this Settlement and subject to Court approval, the filing by Plaintiff of a Second Amended Complaint which adds this factual allegation upon which the claim under Labor Code section 203 is based, claims under the Private Attorneys’ General Act of 2004 (“PAGA”) based on these facts, and such claim will be resolved as part of and in conjunction with this Settlement. The Second Amended Complaint was filed on May 14, 2021.
Amendment to Complaint. 2.1 Prior to filing their motion for preliminary approval of this Agreement, the Parties will stipulate to the filing of an amended consolidated complaint to add claims and subclasses related to the non-California Settlement Class Members. Settlement Class Counsel shall prepare a draft of the amended consolidated complaint and a stipulation to file it, and provide both documents to Defense Counsel at least five (5) business days before filing. Defendant agrees to reasonably cooperate with Class Counsel in approving the amended consolidated complaint based on the Parties’ intentions to effectuate this Settlement Agreement.
Amendment to Complaint. Plaintiff will dismiss Subcontractor from the Lawsuit with prejudice within seven (7) days from the execution of this Agreement.
Amendment to Complaint. In connection with the mediation, Defendant provided Plaintiff with time punch and pay data and other information relating to the members of the Settlement Class. In light of the Settlement and as a condition thereof, the Parties stipulate for purposes of effectuating the terms of the Settlement only, as part of this Settlement and subject to Court approval, the filing by Plaintiff of a First Amended Complaint which adds a cause of action under the Private Attorneys’ General Act of 2004 (“PAGA”) based on these facts, and such claim will be resolved as part of and in conjunction with this Settlement. The Proposed First Amended Complaint has been submitted to the Court pursuant to a stipulation and proposed order.
Amendment to Complaint. (a) Concurrent with the filing of the Parties’ Joint Motion, Class Counsel shall file pursuant to Fed. R. Civ. P. 15(a)(2) and with CTS’s written consent an Amended Complaint in the Action in the form attached as Tab C to this Agreement.1 The Parties acknowledge that the Amended Complaint is intended to be identical in substance to the Complaint currently on file in the Action, except that it adds (to the already pending alleged federal and New York claims) putative class action overtime pay claims and/or failure to pay wage claims under the state laws of Alabama, Connecticut, Delaware, Florida, Georgia, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Texas, Vermont, and Virginia.
(b) The Parties hereby stipulate and agree that CTS shall not be required to serve or file a responsive pleading in response to the Amended Complaint until after the Court makes a final ruling on the Parties’ Joint Motion. If, for any reason,
(i) the Court denies the Parties’ request for Preliminary Approval, (ii) the Court does not enter the Final Approval Order; or (iii) the Effective Date cannot 1 The Amended Complaint shall not contain any allegations against or references to Bed Bath and Beyond Inc., which was included as an improper defendant when the Complaint was filed. The Amended Complaint shall be styled ▇▇▇▇▇ ▇▇▇▇▇▇, individually and on behalf of others similarly situated v. Christmas Tree Shops, Inc. occur, Class Counsel shall withdraw the Amended Complaint without prejudice. In the event that Class Counsel withdraws the Amended Complaint pursuant to this paragraph, no Party shall argue that CTS’s consent to the filing of the Amended Complaint or Class Counsel’s withdrawal of the Amended Complaint has any bearing on the merits of any subsequent motion or effort to amend or dismiss the operative complaint in the Action.
Amendment to Complaint. (a) Prior to or no later than concurrent with the filing of the Parties’ Joint Motion, Class Counsel shall file pursuant to FED. R. CIV. P. 15(a)(2) (and with Academy’s express consent to amending the pleadings) the Amended Complaint in the Action.
(b) The Parties hereby stipulate and agree that Academy shall not be required to serve or file a responsive pleading in response to the Amended Complaint itself unless, for any reason, (i) the Court denies the Parties’ request for Preliminary Approval, (ii) the Court does not enter the Final Approval Order; or (iii) the Effective Date cannot occur. In which case, Academy will have 21 days from such date to file and serve a responsive pleading.
Amendment to Complaint. Within three (3) days after execution of this Agreement by Plaintiff and Cruise Defendants, Class Counsel shall file an Amended Complaint to reflect the class definition and this Agreement, and to correctly name the appropriate Defendants.