District of California Sample Clauses

District of California. If you are a resident of any other country, you agree to submit to the personal jurisdiction of the courts in Chennai, India. This Agreement constitutes the entire agreement between the parties, and supersedes all prior communications, understandings or agreements between the parties. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable, the remainder shall be interpreted so as to reasonable effect the intention of the parties. You shall not export the Licensed Software or your application containing the Licensed Software except in compliance with United States export regulations and applicable laws and regulations.

District of California. In Re: Robinhood Outage Litigation Master File No. 3:20-cv-01626-JD CLASS ACTION [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF PLAINTIFFS’ PROPOSED CLASS ACTION SETTLEMENT AND APPROVING FORM AND CONTENT OF CLASS NOTICE Date: September 1, 2022 Time: 10:00 a.m. Judge: ▇▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇ Ctrm: 11, 19th Floor 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 3:20-cv-01626-JD

District of California. Analysis: No restriction on the court’s authority to seal a document. A sealed document may remain sealed indefinitely; no durational limitations are imposed by this rule. Unsealing of a document must be made by court order.

District of California. SAN ▇▇▇▇ DIVISION ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, individually and on behalf of other members of the general public similarly situated and as proxies for the State of California, Plaintiff, v. ORCHARD SUPPLY COMPANY, LLC, Defendant. Case No.: 5:18-cv-00531-EJD-VKD [CLASS ACTION] [PROPOSED] ORDER FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, SETTING OF A FAIRNESS DETERMINATION HEARING AND APPROVAL OF NOTICE TO CLASS Complaint Filed: January 24, 2018 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 The Court, having reviewed Plaintiffs’ Notice of Motion and Motion for 2 Preliminary Approval of Class Action Settlement, the supporting Points and 3 Authorities, the Declaration of the parties’ Class Action Settlement 4 Agreement (“Settlement Agreement”), the Notices of Class Action Settlement 5 (“Notices”), the Claim Form, and the Request for Exclusion Form (“Exclusion 6 Form”), and in recognition of the Court’s duty to make a preliminary determination as 7 to the reasonableness of any proposed class action settlement, and if preliminarily 8 determined to be reasonable, to ensure proper notice is provided to Class Members in 9 accordance with due process requirements; and to conduct a Final Approval Hearing 10 as to the good faith, fairness, adequacy, and reasonableness of any proposed 11 settlement, THE COURT HEREBY MAKES THE FOLLOWING 12 DETERMINATIONS AND ORDERS: ▇▇ ▇▇▇ ▇▇▇▇▇ finds, on a preliminary basis, that the Settlement Agreement, 14 incorporated in full by this reference and made a part of this Order of Preliminary 15 Approval, appears to be for an amount that is within the range of reasonableness of a 16 settlement which ultimately could be given final approval by this Court; the Court 18 up to the Maximum Settlement Amount of One Million Two Hundred Fifty Thousand 19 Dollars ($1,250,000.00) to the Settlement Class, the Class Representatives, Class 20 Counsel, the Claims Administrator, the PAGA Group, and the California Labor & 21 Workforce Development Agency, in full satisfaction of the claims as more specifically 22 described in the Settlement Agreement.

District of California. Notwithstanding the preceding sentence, nothing contained in this AGREEMENT shall preclude either Party from bringing an action in any appropriate forum to enforce the terms and provisions of this AGREEMENT or any award or judgment thereon.

District of California. SAN ▇▇▇▇ DIVISION ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, individually and on behalf of other members of the general public similarly situated and as proxies for the State of California, Plaintiff, v. ORCHARD SUPPLY COMPANY, LLC, Defendant. Case No.: 5:18-cv-00531-EJD-VKD [CLASS ACTION] [PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT Complaint Filed: January 24, 2018 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 The Parties have submitted their Settlement Agreement (the “Settlement”), 2 which this Court preliminarily approved in its _, 2019 Order for 3 Preliminary Approval of Class Action Settlement (the “Preliminary Approval Order”). 4 In accordance with the Preliminary Approval Order, Class Members have been given 5 adequate notice of the terms of the Settlement and their right to participate in, object 6 to, or exclude themselves from the Settlement where applicable. In addition, pursuant 7 to the Class Action Fairness Act of 2005 (“CAFA”), 28 U.S.C. § 1715, the United 8 States Attorney General, the California Attorney General, and the attorneys general of 9 all other states where class members resided at the time notice was issued have been 10 given notice of the Settlement. 11 Having received and considered the Settlement, the supporting papers filed by 12 the Parties, the Application for Final Approval of the Settlement, the Application for 13 an Award of Class Counsel’s Attorneys’ Fees and Reimbursement of Expenses, the 14 Application for Incentive Awards for the Class Representatives, and the evidence and 15 argument received by the Court at the Final Approval Hearing on , 16 2019, the Court GRANTS final approval of the Settlement, and hereby ORDERS as 17 follows: 18 1. The Class covered by this Order is defined as: Those individuals who 19 were employed by Defendant as Assistant Store Managers (i) in California on or after 20 January 24, 2014 or (ii) in Florida or Oregon on or after January 24, 2015; and who (i) 21 did not enter into a severance agreement or an arbitration agreement with Defendant 22 after March 6, 2016 or (ii) submitted a declaration in support of Plaintiffs’ Motion for 23 Conditional Class Certification and did not enter into a severance agreement with 24 Defendant. Members of the Settlement Class who worked as Assistant Store 25 Managers for Defendant in California shall be known as the “Rule 23 Sub-Class”; and 26 members of the Settlement Class who worked as ASMs for Defendant in Oregon or 27 28 1 1 Flori...

District of California. The parties to this Agreement hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens. The Company and Buyer waive trial by jury. The prevailing party shall be entitled to recover from the other party its reasonable attorney’s fees and costs. In the event that any provision of this Agreement or any other agreement delivered in connection herewith is invalid or unenforceable under any applicable statute or rule of law. then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any such provision which may prove invalid or unenforceable under any law shall not affect the validity or enforceability of any other provision of any agreement. Each party hereby irrevocably waives personal service of process and consents to process being served in any suit, action or proceeding in connection with this Agreement by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law.

District of California. The parties agree to submit to the jurisdiction and venue of those courts.

District of California. SAN ▇▇▇▇ DIVISION