Consolidated Amended Complaint definition

Consolidated Amended Complaint means the Consolidated Amended Complaint filed in the Action on September 13, 2011 (Dkt. 65).
Consolidated Amended Complaint means the consolidated amended complaint filed in the Xxxxxx Class Action by Plaintiffs for settlement purposes only, pursuant to the terms set forth in Paragraph 3.1, below.
Consolidated Amended Complaint means Plaintiffs’ Consolidated Amended Class Action Complaint in this Action.

Examples of Consolidated Amended Complaint in a sentence

  • On October 28, 2016, the district court denied the airlines’ motions to dismiss the Consolidated Amended Complaint, JA_[ECF.123], and each airline thereafter filed its own single answer to that complaint, JA_[ECF.188], JA_[ECF.189], JA_[ECF.190], JA_[ECF.191].

  • But even if a class is certified and the litigation proceeds to trial, the district courtwould almost certainly conduct the class trial because at least one of the named plaintiffs in the Consolidated Amended Complaint (as well as several other plaintiffs in this MDL) filed their individual actions in the D.C. district court in the first instance.7 See JA_[ECF.184_8]; Yeninas v.

  • That is most obviously true because the district court’s order did not dispose of two of the four airline defendants named in the Consolidated Amended Complaint, which superseded all prior complaints.

  • AMENDMENT OF PLEADINGSa. Plaintiffs’ StatementPlaintiffs intend to file a Consolidated Amended Complaint.b. Defendants’ StatementDefendants will determine how to respond to Plaintiffs’ Consolidated Amended Complaint once it is filed; Plaintiffs have stipulated that Defendants may defer their response until after the Consolidated Amended Complaint is filed.

  • Counsel for Defendants hereby13 agree to accept service of the Consolidated Amended Complaint on behalf of their clients.

  • Pursuant to a consolidation order, a Consolidated Amended Complaint [Docket No. 66] (“CAC”) was filed on May 23, 2014.

  • Because the district court’s order did not resolve all claims against all defendants named in the Consolidated Amended Complaint, the order is non-final and thus not appealable.But even if this Court were to look at past pleadings—i.e., the superseded complaints that were consolidated for pre-trial purposes—to determine its jurisdiction,4 the result would be the same.

  • Lead Plaintiffs Consolidated Amended Complaint was filed with the Court on2 May 10, 2010; 3 WHEREAS, on May 11, 2010, Lead Plaintiffs filed a [Corrected] Consolidated Amended 4 Complaint, which corrected the Consolidated Amended Complaint only insofar as the [Corrected] 5 Consolidated Amended Complaint added the names of defendants Frederic H.

  • Released Claims shall be released up to the Effective Date of the Settlement whether or not alleged in the Consolidated Amended Complaint and whether or not any Class Member objects to the Settlement.

  • Lead Plaintiffs will file and serve the Second Consolidated Amended Complaint 27 within ten (10) calendar days of the Court’s entry of this Stipulation and Order; 28 No. 09-cv-05094-JF STIPULATION AND [PROPOSED] ORDER RE FILING OF A [PROPOSED] SECOND AMENDED COMPLAINT AND DEFENDANTS’ RESPONSES THERETO Page 2 1 2.


More Definitions of Consolidated Amended Complaint

Consolidated Amended Complaint means that certain complaint filed on August 18, 1999, in the Graham Litigation.
Consolidated Amended Complaint means the Consolidated Amended Complaint filed in the Action on July 31, 2019 (Dkt. 199).
Consolidated Amended Complaint means that certain complaint filed on August 18, 1999, in the Graham Litigation, as it may be amended from time to time.
Consolidated Amended Complaint means the complaint filed by
Consolidated Amended Complaint means the complaint to be filed in the District Court as set forth in Section 7.1 below.

Related to Consolidated Amended Complaint

  • Consolidated Adjusted EBITDA means, with respect to any specified Person for any period, the Consolidated Net Income of such Person for such period plus, without duplication:

  • Consolidated Debt Service means, for any relevant period, the sum (without double counting), determined in accordance with GAAP, of:

  • Consolidated Parties means a collective reference to the Borrower and its Subsidiaries, and "Consolidated Party" means any one of them.

  • Consolidated Cash Flow Available for Fixed Charges means, with respect to any Person for any period:

  • Consolidated Debt means at any date the Debt of the Borrower and its Consolidated Subsidiaries, determined on a consolidated basis as of such date.

  • Consolidated Capital Expenditures means, with reference to any period, the Capital Expenditures of the Borrower and its Subsidiaries calculated on a consolidated basis for such period.

  • Consolidated Income Available for Debt Service for any period means Earnings from Operations of the Company and its Subsidiaries plus amounts which have been deducted, and minus amounts which have been added, for the following (without duplication): (i) interest on Debt of the Company and its Subsidiaries, (ii) provision for taxes of the Company and its Subsidiaries based on income, (iii) amortization of debt discount and deferred financing costs, (iv) provisions for gains and losses on properties and property depreciation and amortization, (v) the effect of any noncash charge resulting from a change in accounting principles in determining Earnings from Operations for such period and (vi) amortization of deferred charges.

  • Consolidated Indebtedness means at any time the Indebtedness of the Borrower and its Subsidiaries calculated on a consolidated basis as of such time.

  • Consolidated Capitalization means, with respect to any Person, the sum of (a) all of the shareholders’ equity or net worth of such Person and its Subsidiaries, as determined in accordance with GAAP plus (b) Consolidated Indebtedness of such Person and its Subsidiaries plus (c) the outstanding principal amount of Preferred Stock plus (d) seventy-five percent (75%) of the outstanding principal amount of Specified Securities of such Person and its Subsidiaries.

  • Consolidated EBIT means, for any period, the Consolidated Net Income for such period, before interest expense and provision for taxes based on income and without giving effect to any extraordinary gains or losses or gains or losses from sales of assets other than inventory sold in the ordinary course of business.

  • Consolidated EBITDAR means, for any period, Consolidated EBITDA for such period plus, to the extent deducted in determining Consolidated EBITDA for such period, Consolidated Rental Expense.

  • Consolidated Financials means, for any Fiscal Year or other accounting period of Five Star, annual audited and quarterly unaudited financial statements of Five Star prepared on a consolidated basis, including Five Star’s consolidated balance sheet and the related statements of income and cash flows, all in reasonable detail, and setting forth in comparative form the corresponding figures for the corresponding period in the preceding Fiscal Year, and prepared in accordance with GAAP throughout the periods reflected.