Procedural History and Recitals Sample Clauses

Procedural History and Recitals. 1. On November 13, 2021, Plaintiff Xxxxxxxxxxx Xxxx filed a putative class action complaint in the Action seeking damages, restitution, and declaratory relief arising from the allegedly unfair and unconscionable assessment and collection of APPSN Fees and Retry NSF Fees.
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Procedural History and Recitals. 1. Plaintiff Golden filed a putative class action Complaint on October 1, 2020, alleging claims for breach of contract, breach of the implied covenant of good faith and fair dealing and/or unjust enrichment, and violation of the U.S. Virgin Islands unfair and deceptive trade practices law on his behalf and on behalf of persons similarly situated.
Procedural History and Recitals. 1. On June 3, 2021, Plaintiff Xxxx Xxxxxxxxxxx filed a putative class action Complaint in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida, entitled Abercrombie v. TD Bank, N.A., No. CACE-21-11047. On behalf of a putative nationwide class, the Complaint asserted claims for breach of contract and breach of the covenant of good faith and fair dealing.
Procedural History and Recitals. 1. On September 21, 2020, Plaintiff filed a putative class action Complaint in the Fourth Judicial District Court for the State of Minnesota, entitled Xxxxx Xxxx v. Affinity Plus Federal Credit Union.
Procedural History and Recitals. 20 2.1 On or about January 26, 2016, Plaintiff filed his Complaint purporting to 21 assert putative class action claims against INTERTEK TESTING SERVICES NA, INC. 22 (erroneously sued as “Intertek Testing Services”) and INTERTEK USA, INC., on behalf 23 all current and former hourly-paid or non-exempt employees who worked for Defendants 24 within the State of California at any time from four years prior to the filing of the 25 Complaint through the present. The Complaint alleges the following causes of action: (a) 26 Failure to pay overtime (“in violation of Cal. Labor Code sections 510 and 1198”); (b) 27 Failure to provide meal periods (“in violation of the Wage Orders and California Labor 28 Code sections 226.7 and 512(a)”); (c) Failure to provide rest breaks (“in violation of the 1 Wage Orders and California Labor Code section 226.7”); (d) Failure to pay minimum 2 wages (“in violation of the Wage Orders and California Labor Code sections 1194, 1197, 3 1197.1”); (e) Failure to timely pay wages upon termination (“in violation of California 4 Labor Code sections 201 and 202”); (f) Failure to timely pay wages during employment 5 (“in violation of California Labor Code section 204”); (g) Failure to provide compliant 6 wage statements (“in violation of California Labor Code section 226(a)”); (h) Failure to 7 keep complete or accurate wage statements (“in violation of California Labor Code 8 section 1174(d)”); (i) Failure to reimburse necessary business expenses (“in violation of 9 California Labor Code sections 2800 and 2802.”); (j) Violation of California Business & 10 Professions Code sections 17200 et seq.; and (k) Violation of California Labor Code 11 sections 2698 et seq.
Procedural History and Recitals. 2.1 On February 18, 2010, Plaintiffs filed their original Complaint, which asserted a claim against the City for a violation of the Illinois Constitution’s so-called “Pension Protection Clause,” arising from the City’s increase in the cost of health insurance prescription drug copays and deductibles for retired City employees.
Procedural History and Recitals. On September 1, 2020, Plaintiff initiated the Action by filing her complaint in San Bernardino County Superior Court asserting claims against Defendants Humangood, HumanGood NorCal, HumanGood SoCal, and HumanGood Fresno for (1) Violation of California Labor Code § 226.7; (2) Violation of California Labor Code § 226(a); (3) Violation of California Business & Professions Code §§ 17200, et seq.; and (5) Violation of California Labor Code § 2698, et seq. On November 16, 2021, Plaintiff filed her First Amended Complaint asserting claims for (1) Violation of California Labor Code § 226.7; (2) Violation of California Labor Code §§ 226.7 and 512(a);
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Procedural History and Recitals. On or about January 9, 2019, Xxxx Xxxxxx filed a Class Action Complaint against Kann Enterprises, Inc. and Triune Logistics, LLC alleging claims for (1) failure to pay all overtime wages owed (Labor Code §§ 204, 510, 558, 1194, 1198); (2) failure to pay all minimum wages owed (Labor Code §§ 1194, 1194.2, 1197); (3) failure to provide accurate itemized wage statements (Labor Code § 226); and failure to reimburse necessary business expenses (Labor Code § 2802); and (6) unfair competition (Bus & Prof Code § 17200 et seq.). On or about March 18, 2019, Xxxx Xxxxxx filed a First Amended Complaint adding a representative claim for civil penalties under the Private Attorneys General Act under Labor Code sections 2698, et seq. On or about July 26, 2019, Xxxxxx Xxxxxx Xxxxxxx on behalf of himself and other similarly situated non-exempt former and current employees filed a class action lawsuit against Tireco, Inc. and Personnel Staffing Group, LLC for: (1) failure to provide required meal periods; (2) failure to provide required rest periods; (3) failure to pay overtime wages; (4) failure to timely pay wages during employment; (5) failure to pay all wages due to discharged and quitting employees; (6) failure to maintain required records; (7) failure to furnish accurate itemized statements; (8) unfair and unlawful business practices; and (9) penalties under Labor Code Private Attorneys General Act. On or about October 28, 2019, Xxxxxx Xxxxxx Xxxxxxx filed a First Amended Complaint adding defendants Kann Enterprises, Inc. and Wilde Management Group, LLC. On or about January 15, 2021, Xxxxxx Xxxxxx Xxxxxxx filed a Second Amended Complaint adding Defendant Metropolitan Associates, LLC. The parties engaged in written discovery and produced documents, including financials of Defendant Kann Enterprise, LLC. On or about December 13, 2021, the parties engaged in a private mediation before mediator Xxxx Xxxxxxx in an effort to globally resolve the Action. After mediation the parties agreed in principal to a global settlement on a class-wide basis of all the claims in the Action, subject to Court approval. As part of this settlement, Xxxxxx Xxxxxx Xxxxxxx agreed to dismiss his action and Xxxx Xxxxxx agreed to file a Second Amended Complaint to add the claims of Xxxxxxx and add the dismissed defendants from the Xxxxxxx case. On or about May 3, 2022, counsel for Xxxx Xxxxxx filed a Joint Stipulation for approval to file the Second Amended Complaint. On May 10, 2022, the Court sig...
Procedural History and Recitals. 1. On November 30, 2018, Plaintiff Xxxx Xxxxxxxx Xxxxx filed a putative class action Complaint in the United States District Court for the Southern District of New York, entitled Perks et al v.
Procedural History and Recitals. 1. On February 15, 2019, Plaintiff filed a putative class action Complaint in the United States District Court for the Western District of New York, entitled Xxxxx Xxx v.
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