Amendment to Complaint Sample Clauses

Amendment to Complaint. In connection with the mediation, Defendant provided Plaintiff with time punch and pay data and other information relating to the members of the Settlement Class, including the number of separated employees. That information was analyzed by Plaintiff, and the Parties negotiated this Settlement with the intention of resolving not only the claims asserted in the Operative Complaint, but also a claim for failure to pay all wages upon separation of employment in violation of Labor Code section 203. Therefore, as a material term and condition of this Settlement, the Parties agree to stipulate, for settlement purposes only, that Plaintiffs be granted leave to file a Fourth Amended Complaint to add a cause of action for failure to pay all wages upon separation of employment in violation of Labor Code section 203. Defendant shall cooperate, as necessary, to stipulate to and/or otherwise effectuate the filing of the Fourth Amended Complaint. Defendant shall cooperate, as necessary, to with respect to Plaintiffs supplementing their letter(s) to the LWDA to assert a PAGA violation for failure to pay all wages upon termination of employment. This Settlement is expressly conditioned upon the Court granting leave to file the Fourth Amended Complaint. If the Court denies preliminary or final approval of this settlement for any reason, then the Fourth Amended Complaint shall be stricken and the pleadings in this Lawsuit shall be restored as if no settlement was reached by the Parties. The Proposed Fourth Amended Complaint is attached to this Settlement Agreement as Exhibit A. If the Court grants preliminary approval and leave for Plaintiffs to file the Fourth Amended Complaint, Plaintiffs shall file the Fourth Amended Complaint within ten court days, and Defendant is not required to file an answer to the Fourth Amended Complaint.
Sample 1
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Amendment to Complaint. Plaintiff will dismiss Subcontractor from the Lawsuit with prejudice within seven (7) days from the execution of this Agreement.
Sample 1
Amendment to Complaint. In connection with the mediation, Defendants provided Plaintiff with time punch and pay data and other information relating to the members of the Settlement Class. That information was analyzed by Plaintiff, and the Parties negotiated this Settlement with the intention of resolving not only the claims asserted in the Complaint, but also claims based on Plaintiff’s allegations that Defendants violated Labor Code section 203 by paying Plaintiff and Settlement Class Members who were separated their final wages on an ATM card without their permission. In light of the Settlement and as a condition thereof, the Parties stipulate for purposes of effectuating the terms of the Settlement only, as part of this Settlement and subject to Court approval, the filing by Plaintiff of a Second Amended Complaint which adds this factual allegation upon which the claim under Labor Code section 203 is based, claims under the Private Attorneys’ General Act of 2004 (“PAGA”) based on these facts, and such claim will be resolved as part of and in conjunction with this Settlement. The Second Amended Complaint was filed on May 14, 2021.
Sample 1
Amendment to Complaint. In connection with the mediation, Defendant provided Plaintiff with time punch and pay data and other information relating to the members of the Settlement Class. In light of the Settlement and as a condition thereof, the Parties stipulate for purposes of effectuating the terms of the Settlement only, as part of this Settlement and subject to Court approval, the filing by Plaintiff of a First Amended Complaint which adds a cause of action under the Private Attorneys’ General Act of 2004 (“PAGA”) based on these facts, and such claim will be resolved as part of and in conjunction with this Settlement. The Proposed First Amended Complaint has been submitted to the Court pursuant to a stipulation and proposed order.
Sample 1
Amendment to Complaint. (a) Concurrent with the filing of the Parties’ Joint Motion, Class Counsel shall file pursuant to Fed. R. Civ. P. 15(a)(2) and with CTS’s written consent an Amended Complaint in the Action in the form attached as Tab C to this Agreement.1 The Parties acknowledge that the Amended Complaint is intended to be identical in substance to the Complaint currently on file in the Action, except that it adds (to the already pending alleged federal and New York claims) putative class action overtime pay claims and/or failure to pay wage claims under the state laws of Alabama, Connecticut, Delaware, Florida, Georgia, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Texas, Vermont, and Virginia. (b) The Parties hereby stipulate and agree that CTS shall not be required to serve or file a responsive pleading in response to the Amended Complaint until after the Court makes a final ruling on the Parties’ Joint Motion. If, for any reason, (i) the Court denies the Parties’ request for Preliminary Approval, (ii) the Court does not enter the Final Approval Order; or (iii) the Effective Date cannot 1 The Amended Complaint shall not contain any allegations against or references to Bed Bath and Beyond Inc., which was included as an improper defendant when the Complaint was filed. The Amended Complaint shall be styled Xxxxx Xxxxxx, individually and on behalf of others similarly situated v. Christmas Tree Shops, Inc. occur, Class Counsel shall withdraw the Amended Complaint without prejudice. In the event that Class Counsel withdraws the Amended Complaint pursuant to this paragraph, no Party shall argue that CTS’s consent to the filing of the Amended Complaint or Class Counsel’s withdrawal of the Amended Complaint has any bearing on the merits of any subsequent motion or effort to amend or dismiss the operative complaint in the Action.
Sample 1
Amendment to Complaint. (a) Prior to or no later than concurrent with the filing of the Parties’ Joint Motion, Class Counsel shall file pursuant to FED. R. CIV. P. 15(a)(2) (and with Academy’s express consent to amending the pleadings) the Amended Complaint in the Action. (b) The Parties hereby stipulate and agree that Academy shall not be required to serve or file a responsive pleading in response to the Amended Complaint itself unless, for any reason, (i) the Court denies the Parties’ request for Preliminary Approval, (ii) the Court does not enter the Final Approval Order; or (iii) the Effective Date cannot occur. In which case, Academy will have 21 days from such date to file and serve a responsive pleading.
Sample 1
Amendment to Complaint. Within three (3) days after execution of this Agreement by Plaintiff and Cruise Defendants, Class Counsel shall file an Amended Complaint to reflect the class definition and this Agreement, and to correctly name the appropriate Defendants.
Sample 1
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Related to Amendment to Complaint

  • Amendment to Contract Either party may request modification of the provisions of this Agreement by filing a Change Request with the Division. The Change Request must be submitted using the DOS Grants System at xxxxxxxxx.xxx. Changes that are agreed upon shall be valid only when amended in writing, signed by each of the parties and attached to the original of this Agreement. If changes are implemented without the Division’s written approval, the organization is subject to noncompliance, the grant award is subject to partial or complete refund to the State of Florida and this agreement is subject to termination.

  • Amendment to Comply with Law The Parties acknowledge that state and federal laws and regulations relating to data security and privacy are rapidly evolving and that amendment of this Agreement may be required to provide procedures to ensure compliance with such developments. i. In the event of any change to state or federal laws and regulations relating to data security and privacy affecting this Agreement, the Parties shall take such action as is necessary to implement the changes to the standards and requirements of HIPAA, the HIPAA Rules and other applicable rules relating to the confidentiality, integrity, availability and security of PHI with respect to this Agreement. ii. Business Associate shall provide to Covered Entity written assurance satisfactory to Covered Entity that Business Associate shall adequately safeguard all PHI, and obtain written assurance satisfactory to Covered Entity from Business Associate’s Subcontractors and agents that they shall adequately safeguard all PHI. iii. Upon the request of either Party, the other Party promptly shall negotiate in good faith the terms of an amendment to the Contract embodying written assurances consistent with the standards and requirements of HIPAA, the HIPAA Rules, or other applicable rules. iv. Covered Entity may terminate this Agreement upon 30 days’ prior written notice in the event that: A. Business Associate does not promptly enter into negotiations to amend the Contract and this Agreement when requested by Covered Entity pursuant to this Section; or B. Business Associate does not enter into an amendment to the Contract and this Agreement, which provides assurances regarding the safeguarding of PHI sufficient, in Covered Entity’s sole discretion, to satisfy the standards and requirements of the HIPAA, the HIPAA Rules and applicable law.

  • Amendment to Credit Agreement (a) As of the Effective Date (as defined herein), Section 1.1 of the Credit Agreement is hereby amended by adding the following definitions in their appropriate alphabetical order:

  • Amendment to Agreement Effective as of the Amendment No. 2 Effective Date, the Agreement shall be amended as follows: The parties hereby agree to amend Exhibit A by adding the following new text as a new section 5: [START NEW TEXT]

  • Amendment to Security Agreement 2.1 Section 2.1(xviii) of the Security Agreement is hereby amended in its entirety as follows:

  • No Amendment to Charter 3.26.1 Prior to the closing of a Business Combination, the Company covenants and agrees it will not seek to amend or modify its amended and restated certificate of incorporation without the prior approval of its Board of Directors and the affirmative vote of at least a majority of the voting power of the outstanding shares of Common Stock. 3.26.2 The Company acknowledges that the purchasers of the Firm Units and Option Units in this Offering shall be deemed to be third party beneficiaries of this Section 3.26. 3.26.3 The Representative and the Company specifically agree that this Section 3.26 shall not be modified or amended in any way without the approval of at least a majority of the voting power of the outstanding shares of Common Stock.

  • Amendment to Schedule The Grantor authorizes the Collateral Agent to modify this Agreement and the Assignments of Trademarks, without the necessity of such Grantor’s further approval or signature, by amending Schedule A hereto and the Annex to each Assignment of Trademarks to include any future or other Trademarks, Trademark Licenses, Trade Secrets or Trade Secret Licenses that become part of the Trademark Collateral under Section 2 or Section 3.1.

  • Amendment to Section 7 02. Section 7.02(c) of the Credit Agreement is amended and restated to read in its entirety as follows:

  • Amendment to Section 6 1. Section 6.1 of the Existing Credit Agreement is hereby amended in its entirety to read as follows:

  • Amendment to Section 10 1. Section 10.1 of the Credit Agreement is hereby amended and restated to read in its entirety as follows:

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