Defendant’s Denial of Wrongdoing or Liability. Defendant has asserted and continues to assert many defenses in this Action and has expressly denied and continues to deny any fault, wrongdoing, or liability whatsoever based upon, arising out of, relating to, or otherwise in connection with the conduct alleged in the Action. Defendant expressly denied and continues to deny fault, wrongdoing, or liability whatsoever, as well as the validity of each of the claims and prayers for relief asserted in the Action. Defendant expressly acknowledges and agrees that neither the fact of, nor any provision contained in, this Settlement Agreement, nor any of the implementing documents or actions taken under them, nor Defendant’s willingness to enter into the Settlement and this Agreement, nor the content or fact of any negotiations, communications, and discussions associated with the Settlement and this Agreement shall constitute or be construed as an admission by or against Defendant or any of the Released Parties of any fault, wrongdoing, violation of law or liability whatsoever, the validity of the claims or allegations in the Action, any infirmity of any defenses asserted by the Defendant in the Action, or that any equipment used by Defendant was an “automated telephone dialing system” under the TCPA.
Defendant’s Denial of Wrongdoing or Liability. 1. PRA denies all of the claims as to liability, damages, penalties, interest, fees, restitution and all other forms of relief, as well as the allegations that the Representative Plaintiffs have asserted against it in Xxxxxxxx Xxxxx, et al. v.
Defendant’s Denial of Wrongdoing or Liability. 24 (a) Defendants deny and continue to deny each and all of the allegations, claims, 25 and contentions alleged by Plaintiff in the Action. Defendants have expressly denied and continue to 26 deny all charges of wrongdoing or liability against it arising out of any of the conduct, statements, acts 27 or omissions alleged in the Action. Defendants contend that they complied in good faith with 28 California and federal wage and hour laws and have dealt legally and fairly with Plaintiff and
1 Settlement Class Members. Defendants contend that they appropriately paid their employees at all 2 times, that it always provided employees with the opportunity to take timely and compliant meal and 3 rest breaks, that they were compliant with all applicable wage-and-hour laws, and all other laws, at all 4 times, and that, if this matter were to be further litigated, it would have strong defenses on the merits 5 and as to class certification. 6 (b) Further, Defendants deny that, for any purpose other than settling this Action, 7 these claims are appropriate for class or representative treatment. Nonetheless, Defendants have 8 concluded that further proceedings in the Action would be protracted and expensive and agree to the 9 Action being fully and finally settled in the manner and upon the terms and conditions set forth in this 10 Stipulation in order to dispose of burdensome and protracted litigation, to permit the operation of 11 Defendants’ business without further expensive litigation and the distraction and diversion of their 12 personnel with respect to matters at issue in the Action. In entering into this Stipulation, Defendants 13 have also taken into account the uncertainty and risks inherent in any litigation, especially in complex 14 cases such as the Action.
Defendant’s Denial of Wrongdoing or Liability. Defendant has asserted and continues to assert many defenses to this Litigation and has expressly denied and continues to deny any fault, wrongdoing or liability whatsoever arising out of the conduct alleged in the Litigation. Defendant expressly denies any fault, wrongdoing or liability whatsoever, as well as denying the validity of each of the claims and prayers for relief asserted in the Litigation. The Parties expressly acknowledge and agree that neither the fact of, nor any provision contained in, this Settlement Agreement nor any of the implementing documents or actions taken under them, shall constitute or be construed as any admission of the validity of any claim, any status, or any fact alleged in the Litigation or any fault, wrongdoing, violation of law, or liability of any kind on the part of Defendant, or any admission by Defendant of any claim or allegation made in any action or proceeding against Defendant. Defendant has denied and continues to deny each and all of the claims and allegations in the Litigation. Neither this Settlement Agreement nor any document referred to herein, nor any action taken to carry out this Settlement Agreement and/or the Settlement, or its willingness to enter into this Settlement Agreement, nor any or all negotiations, communications, and discussions associated with them are, or may be construed as, or may be used in any proceeding as, an admission by Defendant of any fault, wrongdoing or liability whatsoever, or any infirmity of any defenses asserted by Defendant.
Defendant’s Denial of Wrongdoing or Liability. 9 Defendant denies all of the claims and contentions alleged by the Class Representative in 10 the Litigation. Nonetheless, Defendant has concluded that to continue the Litigation would be 11 protracted and expensive and that it is desirable that the Litigation be fully and finally settled in 12 the manner and upon the terms and conditions set forth in this Stipulation. In addition, Defendant 13 has taken into account the uncertainty and risks inherent in any litigation, particularly class action 14 litigation, as well as the difficulties and delays inherent in such litigation. Defendant has, 15 therefore, determined that it is desirable and beneficial to it that the Litigation be settled in the 16 manner and upon the terms and conditions set forth in this Stipulation.
Defendant’s Denial of Wrongdoing or Liability. Garda denies all of the claims and contentions alleged by the Class Representatives in the Litigation. Nonetheless, Garda has concluded that further conduct of the Litigation would be protracted and expensive, and that it is desirable that the Litigation be fully and finally settled in the manner and upon the terms and conditions set forth in this Agreement. Garda has also taken into account the uncertainty and risks inherent in any litigation, especially in multi-party cases like this Litigation. Garda has therefore determined that it is desirable and beneficial that the Litigation be settled in the manner and upon the terms and conditions set forth in this Agreement.
Defendant’s Denial of Wrongdoing or Liability. Defendant specifically and generally denies all of the claims asserted in the Settled Lawsuits, denies any and all liability or wrongdoing of any kind whatsoever associated with any of the facts or claims alleged in the Settled Lawsuits, and make no concession or admission of wrongdoing or liability of any kind whatsoever. Defendant maintains that all of Defendant’s ASMs were and always have been properly classified as exempt employees, that no overtime of any kind is owed to them, and that, for any purpose other than settlement, the Settled Lawsuits are not suitable or appropriate for class or collective action treatment pursuant to either Federal Rule of Civil Procedure 23 or 29 U.S.C. § 216(b). Nonetheless, Defendant has concluded that the further defense of the Settled Lawsuits would be protracted and expensive, and that it is desirable that the Settled Lawsuits be fully and finally settled in the manner and upon the terms and conditions set forth in this Stipulation. In reaching this conclusion, Defendant has also taken into account the uncertainty and risks inherent in any litigation. Defendant has, therefore, determined that it is desirable and beneficial for them to settle the Settled Lawsuits in the manner and upon the terms and conditions set forth in this Stipulation.
Defendant’s Denial of Wrongdoing or Liability. Defendant specifically and generally denies all of the claims asserted in the Litigation, denies any and all liability or wrongdoing of any kind whatsoever associated with any of the facts or claims alleged in the Litigation, and makes no concessions or admissions of wrongdoing or liability of any kind whatsoever. Defendant asserts that all individuals who had Unpaid Internships with Defendant were not Defendant’s employees, that no wages or other compensation of any kind is owed to them, and because they were not employees, Defendant had no corresponding notice or recordkeeping obligations for these individuals under the FLSA or state wage and hour laws. Defendant also asserts that, for any purpose other than settlement, the Litigation is not suitable or appropriate for class or collective action treatment pursuant to either Federal Rule of Civil Procedure 23 or 29 U.S.C. §216(b). Nonetheless, Defendant has concluded that further conduct of the Litigation would be protracted, distracting and expensive. Defendant has therefore determined that it is beneficial to it to settle the Litigation in the manner and upon the terms and conditions set forth in this Stipulation.
Defendant’s Denial of Wrongdoing or Liability. The Class Representative filed this class and collective action asserting unpaid wage and hour claims under the Maine Minimum Wage and Overtime Act, 26 M.R.S. §§ 663, 664, 670, et seq. (“MWOA”), and under the Fair Labor Standards Act, 29 U.S.C. § 207, et seq. (“FLSA”) against Defendants. Defendants specifically and generally deny all of the claims asserted in the Litigation, deny any and all liability or wrongdoing of any kind whatsoever associated with any of the facts or claims alleged in the Litigation, and make no concessions or admissions of wrongdoing or liability of any kind whatsoever. Nonetheless, Defendants have concluded that further defense of the Litigation would be protracted, distracting and expensive. Defendants have therefore determined that it is beneficial to them to settle the Litigation in the manner, and upon the terms and conditions, set forth in this Stipulation.
