Common use of Plaintiff’s Responsibilities Clause in Contracts

Plaintiff’s Responsibilities. Plaintiff will prepare all documents necessary for obtaining Preliminary Approval, including: (a) a draft of the notice and memorandum in support of the Motion for Preliminary Approval that includes an analysis of the Settlement under Dunk/▇▇▇▇▇▇ and a request for approval of the PAGA Settlement under Labor Code section 2699, subd. (f)(2)); (b) a draft proposed of the Order Granting Preliminary Approval and Approval of PAGA Settlement; (c) a signed declaration from the Administrator attaching its “not to exceed” bid for administering the Settlement and attesting to its willingness to serve; competency; operative procedures for protecting the security of Class Data; amounts of insurance coverage for any data breach, defalcation of funds or other misfeasance; all facts relevant to any actual or potential conflicts of interest with Class Members; and the nature and extent of any financial relationship with Plaintiff, Class Counsel, Defendants, or Defense Counsel; (d) a signed declaration from Plaintiff confirming willingness and competency to serve and disclosing all facts relevant to any actual or potential conflicts of interest with Class Members and Administrator; (e) a signed declaration from Class Counsel attesting to their competency to represent the Class Members; their timely transmission to the LWDA of all necessary PAGA documents (initial notice of violations (Labor Code section 2699.3, subd. (a)), Operative Complaint (Labor Code section 2699, subd. (l)(1)), this Agreement (Labor Code section 2699, subd. (l)(2)) and Class Notice; and

Plaintiff’s Responsibilities. Plaintiff will prepare and deliver to Defense Counsel all 14 documents necessary for obtaining Preliminary Approval, including: (ai) a draft of the notice 15 notice, and memorandum in support support, of the Motion for Preliminary Approval that 16 includes an analysis of the Settlement under Dunk/▇▇▇▇▇▇ and a request for approval of the PAGA Settlement under Labor Code section 2699, subd. (f)(2))▇; (bii) a draft proposed of the Order 17 Granting Preliminary Approval and Approval of PAGA SettlementApproval; (ciii) a draft proposed Class Notice; (iv) a signed 18 declaration from the Administrator attaching its “not to exceed” bid for administering 19 the Settlement and attesting to its willingness to serve; competency; operative 20 procedures for protecting the security of Class Data; amounts of insurance coverage 21 for any data breach, defalcation of funds or other misfeasance; all facts relevant to 22 any actual or potential conflicts of interest with Class MembersMembers and/or the proposed 23 Cy Pres Recipient; and the nature and extent of any financial relationship with 24 Plaintiff, Class Counsel, Defendants, Counsel or Defense Counsel; (dv) a signed declaration from Plaintiff 25 confirming willingness and competency to serve and disclosing all facts relevant to 26 any actual or potential conflicts of interest with Class Members and AdministratorMembers, and/or the 27 Administrator and/or the Cy Pres Recipient; (evi) a signed declaration from Class Counsel attesting to their competency to represent the Class Members; their timely transmission to the LWDA of all necessary PAGA documents (initial notice of violations (Labor Code section 2699.3, subd. (a)), Operative Complaint (Labor Code section 2699, subd. (l)(1)), this Agreement (Labor Code section 2699, subd. (l)(2)) and Class Notice; andeach Class

Plaintiff’s Responsibilities. Plaintiff Plaintiffs will take responsibility for consolidating or relating the Class Action and PAGA Action. Additionally, Plaintiffs will prepare and deliver to Defense Counsel all documents necessary for obtaining Preliminary Approval, including: (ai) a draft of the notice notice, and memorandum in support support, of the Motion for Preliminary Approval that includes an analysis of the Settlement under Dunk/▇▇▇▇▇▇ and a request for approval of the PAGA Settlement under Labor Code section Section 2699, subd. (f)(2)); (bii) a draft proposed of the Order Granting Preliminary Approval and Approval of PAGA Settlement; (ciii) a draft proposed Class Notice; (iv) a signed declaration from the Administrator attaching its “not to exceed” bid for administering the Settlement and attesting to its willingness to serve; competency; operative procedures for protecting the security of Class Data; amounts of insurance coverage for any data breach, defalcation of funds or other misfeasance; all facts relevant to any actual or potential conflicts of interest with Settlement Class MembersMembers and the proposed Cy Pres; and the nature and extent of any financial relationship with PlaintiffPlaintiffs, Class Counsel, Defendants, Counsel or Defense Counsel; (d) a signed declaration from Plaintiff confirming willingness and competency to serve and disclosing all facts relevant to any actual or potential conflicts of interest with Class Members and Administrator; (e) a signed declaration from Class Counsel attesting to their competency to represent the Class Members; their timely transmission to the LWDA of all necessary PAGA documents (initial notice of violations (Labor Code section 2699.3, subd. (a)), Operative Complaint (Labor Code section 2699, subd. (l)(1)), this Agreement (Labor Code section 2699, subd. (l)(2)) and Class Notice; and;

Plaintiff’s Responsibilities. Plaintiff will prepare and deliver to Defense 10 Counsel all documents necessary for obtaining Preliminary Approval, 11 including: (ai) a draft of the notice notice, and memorandum in support of the Motion 12 for Preliminary Approval that includes an analysis of the Settlement under 13 Dunk/▇▇▇▇▇▇ and a request for approval of the PAGA Settlement under Labor 14 Code section Section 2699, subd. (f)(2)); (bii) a draft proposed of the Order Granting 15 Preliminary Approval and Approval of PAGA Settlement; (ciii) a draft proposed 16 Class Notice; (iv) a signed declaration from the Administrator attaching its “not 17 to exceed” bid for administering the Settlement and attesting to its willingness 18 to serve; competency; operative procedures for protecting the security of Class 19 Data; amounts of insurance coverage for any data breach, defalcation of funds 20 or other misfeasance; all facts relevant to any actual or potential conflicts of 21 interest with Class Members; and the nature and extent of any financial 22 relationship with Plaintiff, Class Counsel, Defendants, Counsel or Defense Counsel; (dv) a signed declaration from Plaintiff confirming willingness and competency to serve and 24 disclosing all facts relevant to any actual or potential conflicts of interest with 25 Class Members and and/or the Administrator; (ev) a signed declaration from each 26 Class Counsel firm attesting to their its competency to represent the Class Members; their 27 its timely transmission to the LWDA of all necessary PAGA documents (initial 28 notice of violations (Labor Code section 2699.3, subd. (a)), Operative 1 Complaint (Labor Code section 2699, subd. (l)(1)), this Agreement (Labor 2 Code section 2699, subd. (l)(2)); and (vii) and all facts relevant to any actual or 3 potential conflict of interest with Class Notice; andMembers, the Administrator.