Second Amended Complaint Sample Clauses
A Second Amended Complaint is a revised legal pleading filed by a plaintiff to update or correct their original and first amended complaints in a lawsuit. This document typically incorporates new facts, claims, or parties that have emerged since the initial filings, and must be submitted with the court’s permission or as allowed by procedural rules. Its core function is to ensure that the plaintiff’s case accurately reflects the current state of their claims, thereby promoting fairness and clarity in the litigation process.
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Second Amended Complaint. 3.1. As part of the Settlement and for purposes of the Settlement only, the Parties agree that Class Counsel shall file, concurrently with Plaintiffs’ motion for preliminary approval of the Settlement, a stipulation (“Stipulation”) allowing the filing of a Second Amended Complaint (“SAC”) asserting additional state law claims and in a form that ▇▇▇▇▇ Fargo has approved (both as to the Stipulation and the SAC).
3.2. The Parties agree to request that, except as necessary to approve and effectuate the Settlement, the Preliminary Approval Order stay all further proceedings in the Lawsuit, includ ing ▇▇▇▇▇ Fargo’s deadline for filing a responsive pleading to the SAC. If the Court enters a Final Approval Order, ▇▇▇▇▇ Fargo’s response to the SAC will be excused through dismissal of the Lawsuit.
3.3. If the Effective Date does not occur for any reason, no opt-in forms related to the Settlement shall be filed, the SAC will become null and void, and before the expiration of ▇▇▇▇▇ Fargo’s deadline for filing a responsive pleading to the SAC, the Parties shall file a stipulation and proposed order withdrawing the SAC and reinstating Plaintiffs’ original Complaint in the Lawsuit, thereby returning the Parties to the positions they held on January 18, 2018, when the Court stayed all proceedings for purposes of ADR, but taking into account the Tolling Agreement between the Parties. Subsequently, the Parties may refile any motions that were administratively terminated without a substantive ruling because of the ADR stay, and ▇▇▇▇▇ Fargo’s prior willingness to stipulate to the filing of the SAC under this Agreement will have no bearing on, and will not be admissible in, the Lawsuit or any subsequent proceeding. Neither the Parties nor their counsel shall offer or make reference to the Stipulation or SAC in any subsequent proceeding in the Lawsuit or in any other litigation, except as necessary to effectuate the Parties’ request for reinstatement of Plaintiffs’ original Complaint in the Lawsuit in the event that the Effective Date does not occur for any reason.
Second Amended Complaint i. Within five (5) business days after the Settlement Effective Date, RTI and Surgalign shall take all necessary steps to dismiss the Second Amended Complaint with prejudice.
Second Amended Complaint. 52. Within 5 days after the execution of this Settlement Agreement, the Parties will file a joint stipulation with the Court requesting leave for Plaintiff to file the proposed Second Amended Complaint attached as Exhibit B, which adds class action claims and allegations comporting with the scope of the Released Class Claims.
Second Amended Complaint. Within ten (10) court days of the date set by the District Court for the Preliminary Approval Hearing, Plaintiffs will file a Stipulated Motion for Leave to File a Second Amended Complaint in the Action (the Second Amended Complaint in the form attached as Exhibit F hereto), seeking certification of a nationwide class and reasserting their original claims against Babolat VS North America, Inc. and adding claims on behalf of a putative nationwide class under California Business and Professions Code Sections 17200 et seq., and 17500, et seq., California Civil Code sections 1750, et seq., as well as breach of express warranty, fraud, and negligent misrepresentation based upon allegations that Babolat VS North America, Inc. falsely advertised and labeled its racquets with GT Technology from January 1, 2009 to the present as containing tungsten when the racquets allegedly did not contain tungsten. The Preliminary Approval Order shall, among other things, grant Plaintiffs’ Motion for Leave to File a Second Amended Complaint and permit the filing of the Second Amended Complaint prior to the stay of the Action taking effect. Plaintiffs will file the Second Amended Complaint on the same day of the District Court’s entry of the Preliminary Approval Order.