First Amended Complaint Sample Clauses

First Amended Complaint. The First Amended Complaint filed by Plaintiffs Xxxxxxx Xxxxx and Xxxxx XxXxxxxxx in the case entitled Xxxxxxx Xxxxx et al.
Sample 1
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First Amended Complaint. After the execution of this agreement, Plaintiff Xxxxxx’x complaint will be amended to replace Xxxxx Xxxxxx with Xxxxxxxx Xxxxx as the Plaintiff in this action and to add a cause of action under the Private Attorneys General Act of 2004 (PAGA).
Sample 1
First Amended Complaint. Prior to, or concurrent with the filing of the Motion for Preliminary Approval, Plaintiffs shall file a First Amended Complaint, substantially in the form of Exhibit E attached hereto, which shall become the operative complaint in the Action, adding Class Representative, Xxxxx Xxxxxxx, as plaintiff and as a proposed Class Representative, and limiting the claims to ACH First Party Fees, and which shall not substantively change the complaint in any way except as set forth herein. Except as provided in Section 7.2 above, the Parties agree that no answer or response to the First Amended Complaint by BANA is required, and that BANA shall not be regarded as having admitted any allegations asserted against it.
Sample 1
First Amended Complaint. As part of this Agreement and in conjunction with obtaining preliminary approval of the Agreement, the Parties agree to stipulate that Plaintiff be granted leave to file a First Amended Complaint to add causes of action for failure to provide accurate, itemized wage statements and for civil penalties under 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.
Sample 1
First Amended Complaint. On October 30, 2017, Plaintiffs (now including Xx. Xxxxxx) filed a First Amended Complaint. The First Amended Complaint pleaded claims against Jeunesse, Xxxxx Xxxxx, Xxxxx Xxx, and Xxxxx Xxxxx; repleaded claims against Xxx Xxx, Xxxx Xxxxxx, and Xxxxx Xxxxxxxxx; and added two corporations—MLM Mafia, Inc., and Online Communications, LLC— allegedly related to Xx. Xxxxxxxxx, as well as another Distributor, Xxxxx Xxxxxxx. The First Amended Complaint sought the same unenforceability declaration with respect to the arbitration agreements executed by Xx. Xxxxxxx and Xx. Xxxxxx; the same claims for RICO violations and conspiracy to commit RICO violations; state law consumer fraud under the laws of Arizona (Ariz. Rev. Stat. § 44-1521, et seq.), Florida (Fla. Stat. §§ 501.204(1), 559.801, and 849.091); and Texas (Tex. Bus. & Com. Code § 17.41); claims for “federal securities fraud”; and a claim for “unjust enrichment.”
Sample 1
First Amended Complaint. As part of the Joint Stipulation, at or before Plaintiff files a motion for preliminary approval, Plaintiff will file a First Amended Complaint to add in a cause of action for violations of the PAGA. Plaintiff will request the Court deem the First Amended Complaint filed and/or seek leave to file the First Amended Complaint prior to the preliminary approval hearing. The First Amended Complaint is attached hereto as Exhibit B.
Sample 1
First Amended Complaint. The First Amended Complaint filed in the Action by Plaintiff on April 12, 2022
Sample 1
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First Amended Complaint. As a condition to this Settlement, Plaintiff will amend her original complaint and file a First Amended Complaint, inclusive of PAGA claims, to be filed by no later than July 15, 2022, which shall include the PAGA claim(s) articulated in her PAGA Notice and any other claims and factual assertions raised in connection with the Parties’ negotiation of this Settlement and mediation of this Action, subject to review and comment by counsel for Defendant who shall be provided seven (7 ) calendar days to review prior to filing and an opportunity to comment on the pleading’s content.
Sample 1

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