Class Action Complaints Clause Samples

Class Action Complaints. “Class Action Complaints” means the complaints filed in the Litigation by Named Plaintiffs as named representatives on behalf of themselves individually and a plaintiff class on or about July 1, 2003 and June 9, 2006.
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Class Action Complaints. Immediately following the satisfaction of conditions in paragraph 3 herein, Plaintiffs will move to file amended Complaints as Class Actions, such classes to be for settlement purposes only. (a) Simultaneously with the filing of the Amended Complaints, Plaintiffs will file a motion for certification of the following classes: (i) Active participants in ERSRI who had ten (10) years or more of service as of June 30, 2012 including state employees and teachers as well as other ERSRI participants; (ii) Active members in the Municipal Employees’ Retirement System of Rhode Island (“MERS”) who had ten (10) years or more of service as of June 30, 2012 and union municipal employees who allege they were provided cost of living adjustments pursuant to R.I. Gen. Laws § 45-21-52 prior to June 30, 2012 under a collective bargaining agreement without regard to years of service; (iii) All active members of the fire fighters bargaining units participating in fire MERS units, except Cranston Fire Fighters, IAFF Local 1363, whether or not their unions are Plaintiffs and without regard to years of service, as well as active non- bargaining unit employees participating in fire MERS units who had ten (10) years or more of service as of June 30, 2012; (iv) All active members of the police bargaining units participating in police MERS units, except City of Cranston, Police Officers, International Brotherhood of Police Officers Local 301, whether or not their unions are Plaintiffs and without regard to years of service, as well as active non-bargaining unit employees participating in police MERS units with ten (10) years or more of service as of June 30, 2012; and (v) Retired members and beneficiaries of retired members as of the date of filing of motion to amend complaints as class action who are eligible to receive a retirement benefit under ERSRI or MERS which includes a cost of living adjustment. (b) The order certifying the five (5) classes shall provide that any settlement of the Lawsuits will be binding on all class members and no class member will be entitled to elect not to participate. (c) If the class action is not certified by the Court or if the settlement described herein is rejected by the voting mechanism described in Paragraph 4 below, or is rejected by the Court after a fairness hearing, or if the Legislation as defined in Paragraph 2 is not enacted by the General Assembly, the Plaintiffs and Defendants will file a joint motion with the Court to decertify the clas...
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Related to Class Action Complaints

  • CLASS ACTIONS The Custodian shall use its best efforts to identify and file claims for the Fund(s) involving any class action litigation that impacts any security the Fund(s) may have held during the class period. The Trust agrees that the Custodian may file such claims on its behalf and understands that it may be waiving and/or releasing certain rights to make claims or otherwise pursue class action defendants who settle their claims. Further, the Trust acknowledges that there is no guarantee these claims will result in any payment or partial payment of potential class action proceeds and that the timing of such payment, if any, is uncertain. However, the Trust may instruct the Custodian to distribute class action notices and other relevant documentation to the Fund(s) or its designee and, if it so elects, will relieve the Custodian from any and all liability and responsibility for filing class action claims on behalf of the Fund(s). In the event the Fund(s) are closed, the Custodian shall only file the class action claims upon written instructions by an authorized representative of the closed Fund(s). Any expenses associated with such filing will be assessed against the proceeds received of any class action settlement.

  • Complaints If you have a complaint relating to the sale of energy by us to you, or this contract generally, you may lodge a complaint with us in accordance with our standard complaints and dispute resolution procedures. Note: Our standard complaints and dispute resolution procedures are published on our website.

  • Complaints Investigation The employee who complains of harassment under the provisions of the Human Rights Code must first comply with the Employer’s harassment policy procedures before filing a grievance or human rights complaint.

  • Class Action Filings The Sub-Adviser is not responsible for making any class action filings on behalf of the Trust.

  • Grievance Investigations Where an employee has asked or is obliged to be represented by the Institute in relation to the presentation of a grievance and an employee acting on behalf of the Institute wishes to discuss the grievance with that employee, the employee and the representative of the employee will, where operational requirements permit, be given reasonable leave with pay for this purpose when the discussion takes place in the headquarters area of such employee and leave without pay when it takes place outside the headquarters area of such employee.