Benefits of Settlement. Plaintiff and Class Counsel recognize the expense and length of continued proceedings necessary to litigate their disputes through trial and through any possible appeals. Plaintiff has also taken into account the uncertainty and risks of the outcome of further litigation, and the difficulties and delays inherent in such litigation. Plaintiff and Class Counsel are also aware of the burdens of proof necessary to establish liability for the claims asserted in the Lawsuit, both generally and in response to Defendant’s defenses thereto, and the difficulties in establishing damages for Class Members. Plaintiff and Class Counsel have also taken into account the extensive settlement negotiations conducted. Based on the foregoing, Plaintiff and Class Counsel have determined that the settlement set forth herein is a fair, adequate and reasonable settlement, and is in the best interests of Class Members and PAGA Group Members.
Benefits of Settlement. The Settling Plaintiffs’ Counsel, who will seek to be appointed Class Counsel by the Court, have investigated the law and the facts and have conducted discovery on these issues. The Settling Plaintiffs and the Settling Plaintiffs’ Counsel recognize while greater monetary damages were initially sought, they have taken into account, inter alia, the expense and length of the Litigation that would be necessary to prosecute the Litigation through trial and appeal; the uncertain outcome and the risk of continued and protracted litigation, especially in complex actions such as the Litigation; the difficulties and delays inherent in complex litigation, including potential difficulties in certifying a class, with respect to the merits of the claims presented, establishing alter-ego liability, and/or with respect to statutes of limitations; the inherent uncertainty and problems of proof of, and available defenses to, the claims asserted in the Litigation; as well as in collecting any judgment, if in fact they were to ultimately prevail on the claim alleged at trial and on appeal. The Settling Plaintiffs and the Settling Plaintiffs’ Counsel believe that considering the foregoing, the Settlement set forth herein represents a reasonable compromise of highly disputed and uncertain legal, factual and procedural issues, confers substantial benefits upon the Class and provides a certain result and recovery for members of the Class, when any recovery should the Litigation continue is completely uncertain. Based on their evaluation of all of these factors, the Settling Plaintiffs and the Settling Plaintiffs’ Counsel have determined that the Settlement of the Litigation on the terms set forth herein is in the best interests of the Class and is a fair, adequate and reasonable result for the Class. Defendants and their counsel have also considered applicable risks and consequences to them if Plaintiffs were to certify a class and eventually, prevail on the merits of all Class claims at trial in the Litigation and through potential appeals. Defendants have considered and analyzed legal, factual and procedural defenses to the claims alleged, as well as other options. Defendants and their counsel have determined that the Settlement set forth herein provides a certain result, when the outcome, should the Litigation continue, is uncertain. Multiple days of arm’s length settlement negotiations have taken place between the Settling Plaintiffs’ Counsel and Defendants’ counsel with the ...
Benefits of Settlement. Plaintiff and Class Counsel recognize the expense and length 9 of continued proceedings necessary to litigate their disputes through trial and through any possible 10 appeals. Plaintiff has also taken into account the uncertainty and risks of the outcome of further 11 litigation, and the difficulties and delays inherent in such litigation. Plaintiff and Class Counsel are 12 also aware of the burdens of proof necessary to establish liability for the claims asserted in the 13 Lawsuit, both generally and in response to Defendant’s defenses thereto, and the difficulties in 14 establishing damages for Class Members. Plaintiff and Class Counsel have also taken into account 15 the extensive settlement negotiations conducted. Based on the foregoing, Plaintiff and Class Counsel 16 have determined that the settlement set forth herein is a fair, adequate and reasonable settlement, 17 and is in the best interests of Class Members and PAGA Group Members.
Benefits of Settlement. Class Counsel have investigated the law and the facts and have conducted discovery on these issues. Class Counsel and the Representative Plaintiffs recognize the expense and length of the proceedings that would be necessary to prosecute the Litigation through trial and appeals, have taken into account the uncertain outcome and the risk of any litigation, especially in complex actions such as the Litigation, as well as the difficulties and delays inherent in complex litigation, including potential difficulties in maintaining class certification, and the inherent problems of proof of, and available defenses to, the claims asserted in the Litigation. The Representative Plaintiffs and Class Counsel believe that the proposed settlement confers substantial benefits upon the Settlement Class. Based on their evaluation of all of these factors, the Representative Plaintiffs and Class Counsel have determined that the settlement is in the best interests of the Settlement Class. Multiple arm’s-length settlement negotiations have taken place between Class Counsel and Honda’s Counsel with the assistance of an experienced mediator, Xxxxxxx X. Xxxxxxx. As a result, this settlement has been reached, subject to Court approval.
Benefits of Settlement. 4 4.1 Plaintiffs and Plaintiffs’ counsel have conducted discovery and 5 investigation during and prior to the prosecution of this Action. Plaintiffs have concluded 6 that it is desirable that the Action be settled on the terms embodied in this Settlement 7 Agreement. Plaintiffs reached that conclusion after 1) analyzing the factual and legal issues 8 in the Action; 2) determining that further conduct of the Action through trial and any 9 appeals that might be taken would be protracted and expensive; 3) recognizing and 10 acknowledging the uncertainty and risks inherent in any litigation; and 4) considering the 11 benefits to plaintiffs and the class members of resolving the Action and obtaining the 12 benefits of settlement as specified in this Settlement Agreement. Plaintiffs and class 13 counsel believe that, in consideration of the above circumstances, and after arms’s length 14 negotiations with Defendants, the proposed settlement embodied in this Settlement 15 Agreement is fair, reasonable and adequate and confers substantial benefits on, and is in 16 the best interests of the class and each of the class members.
17 4.2 The Defendants have denied and continue to deny all liability with 18 respect to any and all of the facts or claims alleged in this Action and expressly have denied 19 and continue to deny all charges of wrongdoing or liability against them arising out of any 20 of the conduct acts or omissions alleged or that could have been alleged in this Action.
21 4.3 The Defendants also have denied and continue to deny, inter alia, the 22 allegations that Defendants improperly released private personnel information to any person 23 or entity; that it denied any cognizable legal or constitutional rights to any class member; 24 or that the Class or any class member suffered any injury for which it is legally entitled to 25 relief.
27 4.4 Defendants and Defendants’ counsel have conducted discovery and 28 investigation during the course of this Action. Defendants have concluded that it is 1 desirable that the Action be settled on the terms embodied in the Settlement Agreement.
Benefits of Settlement. The Parties recognize the need to draw to a close litigation of this Action, which has been pending for over a decade, and desire to resolve the Action by entering into this Agreement, thereby avoiding the time and expense of further litigation;
Benefits of Settlement. 1. An arm’s-length settlement negotiation took place between the Parties, including settlement meetings either in person or over Zoom on July 7, 2021, September 2, 2021, October 18, 2021, December 13, 2021, December 15, 2021, January 20, 2021, and February 11, 2022. After each meeting the parties communicated in writing to confirm what had been stated and to continue the negotiation process.
2. This Agreement will provide significant, immediate procedural changes to benefit Class Members. See Section IV.2-7. This Agreement will also provide substantial relief to Class Members in the form of rent credits for past minimum rent payments and removal of minimum rent arrearages. See Section IV.8-10. Plaintiffs recognize the expense and length of the proceedings necessary to litigate against CHA through trial and through any possible appeals. Plaintiffs also have taken into account the uncertainty and risk of litigation, the defenses CHA would likely raise, and the difficulties and delays inherent in litigation. Based on the foregoing, the Plaintiffs and Plaintiffs’ Counsel have determined that the Settlement set forth in this Agreement is a fair, adequate, and reasonable settlement, and is in the best interests of the Class Members.
3. XXX has concluded that any further defense of this litigation would be protracted, uncertain and expensive for all Parties. Therefore, without admitting any wrongdoing or liability and without conceding any of its defenses to Plaintiffs’ claims or class certification, and solely to avoid the inconvenience, expense and uncertainty of litigation, CHA has agreed to settle in the manner and upon the terms set forth in this Agreement to effectuate the full, final, and complete resolution of the Action.
4. Plaintiffs and CHA believe the Settlement is the best way to resolve the Action between them. It is the intention of the Parties that this Settlement shall constitute a full and complete settlement and release of all claims asserted, arising from, or based on the same factual predicate as the underlying claims in the Action against CHA, whether asserted individually by any Settlement Class member or on behalf of the Settlement Class, even if the claim was not presented in this Action.
5. The Parties agree to cooperate and take all necessary and appropriate steps to effectuate the terms of this Settlement. Following entry of an order granting final approval to this Settlement, the Parties shall request entry of an order dismissing the ...
Benefits of Settlement. Based on their investigations and assessments of the claims, VeriSign and Plaintiffs believe that the settlement of the Actions provided for herein, including significant corporate governance reforms and procedures, among other things, provides substantial benefits to VeriSign, is reasonable and fair, and is in the best interest of the Company. In agreeing to this Settlement, STIPULATION AND AGREEMENT OF SETTLEMENT OF LITIGATION – MASTER FILE NO. C-06-4165 PJH VeriSign and Plaintiffs have considered: (a) the facts developed through their investigations and evaluation of the relevant law, (b) the attendant risks and uncertainty of litigation, as well as the burdens and delay inherent in such litigation, (c) the Individual Defendants’ defenses, (d) the substantial cost to the Company of continuing litigation arising from or relating to allegations in the Actions, (e) the substantial benefits to VeriSign, and (f) the conclusion of VeriSign and Plaintiffs that, under the circumstances, the terms and conditions of this Settlement as set forth below are fair, reasonable, adequate, and in the best interests of the Company. VeriSign and the Individual Defendants acknowledge that the Federal Action, the Santa Xxxxx Action and the efforts of Plaintiffs’ counsel in prosecuting the Actions were considered by VeriSign’s Board and the Ad Hoc Committee in evaluating the remedial steps the Company should take and were factors that influenced those deliberations and produced the agreed upon remedial measures recited herein.
Benefits of Settlement. Plaintiffs and Class Counsel recognize the expense and 8 length of continued proceedings necessary to litigate their disputes through trial and through any 9 possible appeals. Plaintiffs have also taken into account the uncertainty and risks of the outcome of 10 further litigation, and the difficulties and delays inherent in such litigation. Plaintiffs and Class 11 Counsel are also aware of the burdens of proof necessary to establish liability for the claims asserted 12 in the Lawsuit, both generally and in response to Defendant’s defenses thereto, and the difficulties 13 in establishing damages for Class Members. Plaintiffs and Class Counsel have also taken into 14 account the extensive settlement negotiations conducted. Based on the foregoing, Plaintiffs and
Benefits of Settlement
