Amended Complaint Sample Clauses
An Amended Complaint clause defines the process by which a party may modify or supplement their original complaint in a legal proceeding. This clause typically outlines the conditions under which amendments are permitted, such as time limits for filing changes or requirements for court approval. By providing a structured method for updating claims or adding new facts, the clause ensures that all parties are aware of the current issues in dispute and helps prevent surprises or procedural unfairness during litigation.
Amended Complaint. As a material term of this Settlement, Plaintiff ▇▇▇▇▇ agreed to amend her operative complaint to: (a) add ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (together with ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, amed plaintiffs; and (b) allege all causes of action and underlying factual bases that the parties actually have litigated in this Lawsuit and intend to release through the Settlement. Those claims include alleged: (a) failures to provide uninterrupted, duty-free, 30-minute meal pay; (c) failures to pay meal period and rest break premiums, including at the proper rate; (d) failures to pay overtime wages, including by failing to account for bonuses / incentives in the e.g., permitting off- the-clock work), including during security checks and pre-/post-shift work; (f) failures to pay associates the applicable minimum wage; (g) failures to pay reporting time pay; (h) failures to provide suitable seating; (i) failures to provide accurate wage statements and maintain accurate records; (j) failures to pay all wages owing at termination; (k) violation of California Business and Professions Code § 17200, et seq.; and, based on the foregoing, (l) claims for civil penalties pursuant to the California Labor Code Private Attorneys General Act of 2004, Cal. Lab. Code 2698, et seq. Plaintiffs filed the second amended complaint described in this paragraph on May 17,
Amended Complaint. As part of the Settlement, Plaintiff will file a Third Amended Complaint to add claims for overtime violations pursuant to the Fair Labor Standards Act, for meal and rest period violations pursuant to California law, and for paid sick leave violations pursuant to California law. Plaintiff will draft and file a joint stipulation at the same time Plaintiff moves for Preliminary Approval, requesting the Court grant leave to file the amended complaint, which will be attached to the stipulation, simultaneously with Plaintiff’s Preliminary Approval. The joint stipulation to amend the complaint should make said amendment contingent on the Court’s granting of Preliminary Approval. Plaintiff’s stipulation will also request the Court deem the Third Amended Complaint responded to by Defendant’s operative Answer on file.
Amended Complaint. The Named Plaintiffs will file an Amended Complaint with their Motion for Preliminary Approval. A copy of that Amended Complaint is attached hereto as Exhibit C.
Amended Complaint. By December 19, 2022, the Original Plaintiffs shall file a stipulated motion for leave to file an Amended Complaint naming the Defendant Counties that have approved this Settlement and the Sub-Class Representatives as to those Counties as Plaintiffs.
Amended Complaint. As part of Plaintiff’s Motion for Preliminary Approval of Class Action Settlement, Plaintiff will file a Second Amended Class and Representative Action Complaint (“SAC”) to (i) add ▇▇▇▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ dba ▇▇▇▇▇▇▇▇▇▇▇ ▇▇ as named defendants, (ii) allege factual allegations pertaining to Defendants’ alleged failure to include the value of bonuses in the regular rate of pay resulting in the underpayment of overtime wages to Settlement Class Members and (iii) add a cause of action for rest period violations. These allegations shall also be added to Plaintiff’s cause of action for PAGA penalties.
Amended Complaint. The Parties will stipulate to the filing of an agreed upon amended complaint, after review/comment by Defendant, which adds the PAGA claims as set forth in the State Court PAGA Action to the Action, and dismiss the State Court PAGA Action without prejudice.
Amended Complaint. Within 10 days after execution of the Settlement Agreement, Plaintiff ▇▇▇▇▇▇ shall file an Amended Complaint that adds ▇▇▇▇ ▇▇▇▇ as a Named Plaintiff. Defendants will not oppose the motion.
Amended Complaint. As part of the Settlement, Plaintiff will file a First Amended Complaint to add California Dairy Farms, LLC and ▇▇▇▇▇ Dairy Properties, LLC as defendants. Plaintiff will draft and file a joint stipulation at the same time Plaintiff moves for Preliminary Approval, requesting the Court grant leave to file the amended complaint, which will be attached to the stipulation, simultaneously with Plaintiff’s Preliminary Approval. The joint stipulation to amend the complaint should make said amendment contingent on the court’s granting of Preliminary Approval. Plaintiff’s stipulation will also request the Court deem the First Amended Complaint responded to by Defendant’s operative Answer on file.
Amended Complaint. Simultaneous to seeking preliminary approval of the Settlement, Plaintiff will seek leave to file the Amended Complaint (in the form annexed hereto as Exhibit A) incorporating all claims and adding all parties addressed by this Settlement. Upon the Effective Date, the Action will be dismissed with prejudice. The Quicktrim Parties shall not be required to respond to the Amended Complaint and, pursuant to this Agreement, all material allegations thereof shall be deemed to have been denied by the Quicktrim Parties. In the event the Court declines to grant leave to file an amended complaint, the Quicktrim Parties shall have the right in their sole discretion to terminate this agreement on five days written notice.
Amended Complaint. Concurrently with filing the Motion for Preliminary Approval, Plaintiff will file an amended complaint in the form of Exhibit B. MV will not oppose the amended complaint or be required to respond or answer, and all material allegations are deemed denied. In the event that approval of the Settlement is not granted, the amended complaint shall be deemed withdrawn.