Amendment to Complaint Sample Clauses

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
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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.
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Amendment to Complaint. Plaintiff will dismiss Subcontractor from the Lawsuit with prejudice within seven (7) days from the execution of this Agreement.
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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.
Sample 1
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.
Sample 1
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.
Sample 1
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.
Sample 1
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Related to Amendment to Complaint

  • Amendment to Contract Either party may request modification of the provisions of this Agreement by filing a Change Request with the Division. The Change Request must be submitted using the DOS Grants System at xxxxxxxxx.xxx. Changes that are agreed upon shall be valid only when amended in writing, signed by each of the parties and attached to the original of this Agreement. If changes are implemented without the Division’s written approval, the organization is subject to noncompliance, the grant award is subject to partial or complete refund to the State of Florida and this agreement is subject to termination.

  • Amendment to Comply with Law The Parties acknowledge that state and federal laws and regulations relating to data security and privacy are rapidly evolving and that amendment of this Agreement may be required to provide procedures to ensure compliance with such developments.

  • Amendment to Credit Agreement The Credit Agreement is hereby amended as follows:

  • Amendment to Agreement The Agreement is hereby amended as follows:

  • Amendment to Security Agreement The Security Agreement is hereby amended as follows:

  • No Amendment to Charter 3.26.1. Prior to the closing of a Business Combination, the Company covenants and agrees it will not seek to amend or modify its amended and restated certificate of incorporation without the prior approval of its Board of Directors and the affirmative vote of at least 65% of the voting power of the Common Stock.

  • Amendment to Schedule The Grantor authorizes the Collateral Agent to modify this Agreement and the Assignments of Patents, without the necessity of such Grantor’s further approval or signature, by amending Schedule A hereto and the Annex to each Assignment of Patents to include any future or other Patents or Patent Licenses that become part of the Patent Collateral under Section 2 or Section 3.1.

  • Amendment to Section 7 8. Section 7.8 of the Credit Agreement shall be amended to read as follows:

  • Amendment to Section 6 11. Section 6.11 is hereby amended in its entirety to read as follows:

  • Amendment to Section 10 17. Section 10.17 of the Credit Agreement is amended and restated to read in its entirety as follows:

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