Release by Settlement Class Members. Effective as of the Final Settlement Approval Date, each and all of the Settlement Class Members (except any such person who has filed a proper and timely request for exclusion) shall release and forever discharge, and shall be forever barred from asserting, instituting, or maintaining against any or all of the Released Persons, any and all claims, demands, actions, causes of action, lawsuits, arbitrations, damages, or liabilities whether legal, equitable, or otherwise, relating in any way to the marketing, advertising, or labeling of any of the Blue Buffalo Products at any time on or after May 7, 2008 and prior to Final Settlement Approval Date, that were asserted, or could have been asserted, in the Action (collectively, the “Claims”). With respect to the Claims released pursuant to this paragraph, each Settlement Class Member shall be deemed to have waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of California Civil Code section 1542 (and equivalent, comparable, or analogous provisions of the laws of the United States of America or any state or territory thereof, or of the common law or civil law). Section 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Each and every term of this paragraph shall inure to the benefit of each and all of the Released Persons, and each and all of their respective successors and personal representatives, which persons and entities are intended to be beneficiaries of this paragraph.
Release by Settlement Class Members. Effective as of the Final Settlement Approval Date, each and all of the Releasing Parties shall release and forever discharge, and shall be forever be barred from asserting, instituting or maintaining against any or all of the Released Persons or Released Parties, any and all of the Released Claims.
Release by Settlement Class Members. Effective as of the Final Settlement Approval Date, each and all of the Settlement Class Members will release and forever discharge and will be forever barred from asserting, instituting, or maintaining against any or all of the Released Parties, to the extent allowable under the law, any and all past, present, or future, actual, potential, asserted or unasserted, known or unknown, fixed or contingent, claimed or unclaimed, suspected or unsuspected, causes of action, suits, claims, liens, demands, judgments, expenses, costs, damages, punitive, exemplary or multiplied damages, obligations, attorney fees (except as provided for in the Class Settlement), and all other legal responsibilities in any form or nature, including but not limited to, all claims relating to or arising out of state, local, or federal statute, ordinance, regulation, or claim at common law or in equity, arising out of or in any way allegedly related to purchases of the Dude Wipes Products, including all claims that were brought or could have been brought in the Action. Nothing herein shall be construed to release any claims for bodily injury related to the use of the Dude Wipes Products.
Release by Settlement Class Members. All Settlement Class members who do not opt-out will release and discharge the Released Parties from all claims and causes of action alleged or which could have reasonably been alleged based on the allegations in the operative complaint in the Action, including: (i) minimum wage violations; (ii) overtime violations; (iii) meal period violations; (iv) rest period violations; (v) unlawful deductions from wages; (vi) wage statement violations;
Release by Settlement Class Members. Effective as of the Final Settlement Approval Date, each Settlement Class Member (except any such person who has filed a proper and timely Request For Exclusion) shall release and forever discharge, and shall be forever barred from asserting, instituting, or maintaining against any or all of the Released Persons, any and all claims, demands, actions, causes of action, lawsuits, arbitrations, damages, or liabilities of any nature whatsoever, known or unknown, actual or potential, direct or indirect, accrued or unaccrued, contingent or matured, whether legal, equitable or otherwise, that have been brought or could have been brought by any Settlement Class Member against any Released Person that relate in any way, directly or indirectly, to products, facts, acts, events, transactions, occurrences, courses of conduct, representations, omissions, circumstances or other matters referenced in any claim raised or that could have been raised by any Settlement Class Member in this Action, including but not limited to claims relating to, regarding, or arising out of the distribution, marketing, advertising or sale of Gerber® Good Start® infant formula. Each term of this paragraph 6.1 shall inure to the benefit of each and all of the Released Persons, and each and all of their respective successors and personal representatives, which persons and entities are intended to be beneficiaries of this paragraph 6.1.
Release by Settlement Class Members. All Settlement Class Members, (other than those persons who have timely and properly filed a Valid Exclusion Request), on behalf of themselves and their agents, administrators, servants, employees, representatives, assigns, heirs, executors, trustees, joint venturers, partners, successors, predecessors and attorneys, and each of them (collectively the “Releasing Persons”), hereby jointly and severally release and discharge Defendant and all of its respective former, present and future direct and indirect parents, affiliates, subsidiaries, successors and predecessors and all of their respective former, present and future officers, directors, shareholders, indemnitees, employees, servants, attorneys, representatives, independent contractors, vendors, (including, but not limited to, XxxxxXxXxxxx.xxx, Velocify), successors, trusts, trustees, partners, associates, principals, divisions, insurers, members, representatives, brokers, consultants, heirs, and assigns (collectively the “Released Parties”) from any and all actions, causes of action, obligations, costs, expenses, damages, losses, claims, liabilities, and demands from April 8, 2019 to June 7, 2019 arising out of facts asserted in, or claims alleged in the operative First Amended Complaint, including any claims for violation of Sections 632 and Section 632.7 of the IPA and any other federal, state or local statute, regulation, or common law relating to the recording of telephone calls. This release will become effective on the date the Defendant has rendered full payment in this matter to the class action administrator.
Release by Settlement Class Members. Upon the occurrence of the Effective Date and the Settlement being fully funded, all Settlement Class members who do not opt-out will release and discharge the Released Parties from all claims alleged or could have been alleged in the Complaint, including violations of Labor Code sections 201, 202, 203, 204, 210, 216, 226, 226.7 510, 512, 516, 558, 1182.12, 1194, 1194.2, 1197, 1197.1, 1198, 2802, 2804, 2698 et seq., 2699; California Business and Professions Code sections 17200, et seq., and Industrial Welfare Commission Wage Order No. 4, including claims for failure to pay minimum wages and overtime wages, including any overtime wages owed on bonuses, incentive pay, or other such compensation; failure to provide meal periods; failure to pay meal period premium wages; failure to provide rest periods; failure to pay rest period premium wages; failure to reimburse for necessary business expenditures; failure to pay all wages due; failure to furnish complete, accurate, itemized wage statements; failure to pay all earned wages at least twice during each calendar month; and failure to maintain accurate records (the “Class Released Claims”). The release will be from July 3, 2015 to March 12, 2023 (“Help Group Release Period”) as to Defendants Help Group West and Help Group Child and Family Center. The release will be from July 20, 2016 to March 12, 2023 as to Defendant Project Six. The Help Group Release Period and Project Six Release Period are collectively referred to as the “Release Periods.”
Release by Settlement Class Members. Aggrieved Employees, and Plaintiff. Plaintiff, every member of the Settlement Class (except those who opt out), and Aggrieved Employees will release and discharge Defendant, as follows:
Release by Settlement Class Members. Upon the occurrence of the Effective Date and the Settlement being fully funded, all Settlement Class members who do not opt-out will release and discharge Defendant from any and all claims that were pled in the Complaint, or which could have been pled in the Complaint based on the factual allegations in the Complaint, including but not limited to claims for (i) failure to pay overtime wages (Cal. Labor Code §§ 204, 510, 1194, 1198); (ii) meal period violations (Cal. Labor Code §§ 226.7, 512); (iii) rest period violations (Cal. Labor Code §§ 226.7, 516); (iv) wage statement violations (Cal. Labor Code § 226);
Release by Settlement Class Members. 1. In accordance with the provisions of the Final Order, for good and sufficient consideration, the receipt of which is hereby acknowledged, upon the Effective Date Plaintiffs and each Settlement Class Member who receives money from the Settlement Fund shall be deemed to have, and by operation of the Final Order shall have, fully, finally and forever released, relinquished and discharged all Released Claims against the Released Parties.
