DESCRIPTION OF THE LITIGATION Sample Clauses

DESCRIPTION OF THE LITIGATION. A. History of the Litigation
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DESCRIPTION OF THE LITIGATION. In this lawsuit, the Plaintiff, Xxxxxx Xxxxxxxxx, alleges that current and former salaried MWD Field Specialist and MWD Field Engineers who worked for Schlumberger during the relevant statutory time period were misclassified as exempt from federal and certain state overtime and other wage and hour laws. The Plaintiff contends that Schlumberger improperly failed to pay Settlement Class Members overtime pay for all hours worked over 40 hours in a workweek and seeks unpaid overtime, interest, and penalties on their behalf. Schlumberger denies the Named Plaintiff’s allegations and maintains that it properly classified Settlement Class Members as exempt employees under the FLSA and certain state laws, and properly compensated the Settlement Class Members; that Settlement Class Members were not entitled to overtime; and that Defendant complied with all applicable state and federal laws with respect to the compensation of Settlement Class Members. This Settlement is the result of good-faith, arm’s-length negotiations between the Named Plaintiff and Schlumberger, through their respective attorneys. Both sides agree that in light of the risks and expense associated with continued litigation, this Settlement is fair and appropriate under the circumstances, and in the best interests of the Settlement Class Members. On [** INSERT DATE**], the Court granted preliminary approval of the proposed Settlement. The Court will decide whether to give final approval to the proposed Settlement at a hearing scheduled for [** INSERT DATE**] (“Final Approval and Fairness Hearing”). The attorneys for the Class and Collective Action in the Litigation (“Class Counsel”) are: XXXXXXXXX XXXXXX LAW FIRM Xxxxxxx X. Xxxxxxxxx 00 Xxxxxxxx Xxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Telephone: (000)000-0000 XXXXXXXX XXXXX, PLLC Xxxxxxx Xxxxx 0 Xxxxxxxx Xxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Telephone: (000)000-0000 XXXXXXXX & XXXXX Xxxx Xxxxx 0000 Xxxxxxxxxx Xxx. Xxxxxxxxxx, Xxxxxxxxxxxx 00000 Telephone: (000)000-0000 The attorneys for Defendant are: KULLMAN LAW FIRM Xxx Xxxxx III Xxxxxx Xxxxxxxx 0000 Xxxxxxx Xxxxxx, Suite 1600 New Orleans, Louisiana 70163 Telephone: (000)000-0000
Sample 1
DESCRIPTION OF THE LITIGATION. Plaintiffs allege that, from approximately June 2012 to February 2015, JCPenney directed its Merchandise Assistants to work “off the clock” outside of their scheduled hours without paying them a minimum wage or one and a half times their regular rate of pay for time worked in excess of forty hours each week. Plaintiffs further allege that, around February 2, 2015, JCPenney began investigating the unpaid hours of its Merchandising Assistants. As a result of this investigation, JCPenney ultimately made payments of $289,278.59 to 53 Merchandise Assistants who reported unpaid hours. The Parties to the Litigation exchanged initial disclosures and written discovery, followed by some voluntary production of information to facilitate settlement negotiation. After extensive negotiations, information gathering, data review, document production, and analysis, the Parties resolved the wage and hour claims. JCPenney specifically and generally denies all of the wage and hour claims asserted in the Litigation, including all claims as to liability, damages, penalties, interest, attorneys’ fees or costs, expert fees, restitution, injunctive relief, and all other forms of relief, as well as all collective allegations. JCPenney makes no concession or admission of wrongdoing or liability of any kind whatsoever. JCPenney maintains that it fully compensated the Plaintiff Class based on timesheets they submitted. Upon learning of an allegation of under-reporting hours, JCPenney promptly investigated its Merchandise Assistants’ allegations and expanded that investigation to other Merchandise Assistants in the department. And, while disputing the legitimacy of some assertions, JCPenney nonetheless paid the Plaintiff Class for all alleged unreported hours. JCPenney further implemented new procedures and conducted training to reinforce accurate time-recording processes. Nonetheless, JCPenney has concluded that further defense of the wage and hour claims in the Litigation would be protracted and expensive, and that it is desirable that the wage and hour claims in the Litigation be fully and finally settled in the manner and upon the terms and conditions set forth in the Stipulation and Settlement Agreement (“Settlement Agreement”). In reaching this conclusion, JCPenney has also taken into account the uncertainty and risks inherent in any litigation. JCPenney has, therefore, determined that it is desirable and beneficial for it to settle the wage and hour claims asserted in Litigation...
Sample 1
DESCRIPTION OF THE LITIGATION. 1. Plaintiffs commenced this class action on behalf of themselves and other owners of real property in Xxxxxxxxxxxx County, Pennsylvania, who in 2008 signed oil and gas leases with Xxx Energy for which pre-paid rental or bonus payments were not made. Plaintiffs’ class action complaint asserts that valid and binding oil and gas leases existed which Defendants breached. The complaint seeks both damages and declaratory relief.
Sample 1

Related to DESCRIPTION OF THE LITIGATION

  • Certain Litigation The Company agrees that it ------------------- shall not settle any litigation commenced after the date hereof against the Company or any of its directors by any stockholder of the Company relating to the Offer, the Merger, this Agreement or the Stockholder Agreements, without the prior written consent of Parent. In addition, the Company shall not voluntarily cooperate with any third party that may hereafter seek to restrain or prohibit or otherwise oppose the Offer or the Merger and shall cooperate with Parent and Sub to resist any such effort to restrain or prohibit or otherwise oppose the Offer or the Merger.

  • Investigations; Litigation There is no investigation or review pending (or, to the knowledge of Parent, threatened) by any Governmental Entity with respect to Parent or any of its Subsidiaries which would have, individually or in the aggregate, a Parent Material Adverse Effect, and there are no actions, suits, inquiries, investigations or proceedings pending (or, to Parent’s knowledge, threatened) against or affecting Parent or its Subsidiaries, or any of their respective properties at law or in equity before, and there are no orders, judgments or decrees of, or before, any Governmental Entity, in each case which would have, individually or in the aggregate, a Parent Material Adverse Effect.

  • Certain Litigation Matters The Owner Trustee shall provide prompt written notice to the Depositor, the Seller and the Servicer of any action, proceeding or investigation known to the Owner Trustee that could reasonably be expected to adversely affect the Trust or the Owner Trust Estate.

  • Control of Litigation A. Promptly, or in any event within ten (10) calendar days (in the case of service of legal process) or within thirty (30) calendar days (in the case of any other claim), following receipt by any party to be indemnified under the provisions of this ARTICLE IX (the “Indemnitee”) of notice of any action, suit, proceeding, claim, demand or assessment (each, an “Action”) against the Indemnitee that might give rise to a claim pursuant to Section 9.01, Section 9.02 or Section 9.03, the Indemnitee shall give written notice thereof to the party or parties obligated to provide such indemnification under the provisions of this ARTICLE IX (collectively, the “Indemnitor”) indicating the nature of such claim, the basis therefore and the estimated amount thereof. Failure to give any notice provided hereunder shall in no way be deemed a forfeiture of any Indemnitee’s rights to be indemnified hereunder; provided, however, if the Indemnitor shall have been prejudiced in any material respect by such failure so to notify the Indemnitor, the Indemnitor shall have the right to set off against any amounts payable or that become payable by the Indemnitor under this Agreement the amount by which the Indemnitor has been damaged (as finally determined by a court of competent jurisdiction) as a result of the failure so to notify the Indemnitor. A claim for indemnity may, at the option of the Indemnitee, be asserted as soon as any claim has been asserted by a third party in writing, regardless of whether actual harm has been suffered or out-of-pocket expenses incurred.

  • Dismissal of Litigation Within five (5) days of the Effective Date, Summit, VISX and Pillar Point shall cause all of the Summit/VISX Litigation (as hereinafter defined) to be dismissed with prejudice, with each party to bear its own costs and attorneys' fees. As used herein, "Summit/VISX Litigation" means VISX Partner, Inc. v. Summit Partner, Inc., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. CV 772057; VISX, Incorporated v. Pillar Point Partners, et al., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. 770042; and VISX Partner, Inc., on behalf Pillar Point Partners, United States District Court, District Of Massachusetts, Case No. 96-11739-PBS. The term "Summit/VISX Litigation" includes all counterclaims, cross-claims and the like asserted in the foregoing actions.

  • Claims and Litigation No pending or, to the Company's knowledge, threatened, claims, suits or other proceedings exist with respect to any Employee Benefit Plan other than normal benefit claims filed by participants or beneficiaries.

  • Defense of Litigation To appear in and defend any action or proceeding that may affect its title to or Secured Party’s interest in the Collateral.

  • Notice of Litigation Each Seller shall promptly notify the applicable Purchaser upon becoming aware of any Proceedings or threatened Proceedings concerning any Serviced Appointment, in each case, excluding Proceedings in servicer-managed mortgage-level litigation with respect to residential mortgage-backed securities transactions. Notices delivered pursuant to this Section 5.4 will be delivered to the notice recipient designated on Annex B.

  • Pending Litigation Financial position and prospective long-term profitability of the Single Tenderer, and in the case the Tenderer is a JV, of each member of the JV, shall remain sound according to criteria established with respect to Financial Capability under paragraph I (i) above assuming that all pending litigation will be resolved against the Tenderer. Tenderer shall provide information on pending litigations as per Form CON-2.

  • Complaints and Dispute Resolution 16.1 Where a dispute arises in connection with any aspect of this Agreement, the parties acting with good faith, will use all reasonable endeavours to bring any such issue to the attention of the other party in a timely fashion and in any event within 60 days of any such dispute coming to their attention.

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