Dismissal of California State Court Litigation Sample Clauses

Dismissal of California State Court Litigation. Califia and the Plaintiffs (or Xxxxxxxx alone, who is the only current plaintiff in the California State Court Action) in the California State Action will within no less than two (2) days of the full execution of this Agreement submit a stipulation and proposed Order in the California State Court that will stay the California State Court Litigation pending Final Approval of this Settlement (including any appeals), and, if Final Approval is granted, to dismiss the California State Action with prejudice. IN WITNESS HEREOF the undersigned, being duly authorized, have caused this Agreement to be executed on the dates shown below and agree that it shall take effect on the last date it is executed by all of the undersigned. DATED: December 9, 2019 XXXXX LLP Xxxxxxx X. Xxxxx DATED: December , 2019 XXXXXXX & ASSOCIATES, P.C. Xxxxxxx Xxxxxxx DATED: December , 0000 XXXXX LAW FIRM, P.C. Xxxxxx X. Xxxx Plaintiffs Counsel DATED: December , 2019 XXXXXXX COIE LLP Xxxxx Xxxxxxxx Counsel for Defendant DATED: December , 2019 Xxxxxxxx X. Xxxxxxxxxxx Plaintiff and Class Representative DATED: December , 2019 Xxxxxxx Xxxxxxx Plaintiff and Class Representative DATED: December , 2019 Xxxxxx Xxxxxxxx Plaintiff and Class Representative DATED: December , 2019 Xxxxxxx Xxxx Plaintiff and Class Representative DATED: December , 2019 Xxxxx Xxxxxxxxxx Plaintiff and Class Representative DATED: December9 , 2019 Xxxxxxx Xxxxxxxx Plaintiff and Class Representative DATED: December , 2019 DEFENDANT CALIFIA FARM LLC By: Name: Its: DATED: December , 2019 Xxxxxxx Xxxxxxx Plaintiff and Class Representative Xxxxxx Xxxxxxxx Plaintiff and Class Representative 12/09/2019 DATED: December , 2019 DATED: December , 2019 Xxxxxxx Xxxx Plaintiff and Class Representative DATED: December , 2019 Xxxxx Xxxxxxxxxx Plaintiff and Class Representative DATED: December , 2019 Xxxxxxx Xxxxxxxx Plaintiff and Class Representative DATED: December , 2019 DEFENDANT CALIFIA FARM LLC By: Name: Its: DATED: December , 2019 Xxxxxxx Xxxxxxx Plaintiff and Class Representative DATED: December , 2019 Xxxxxx Xxxxxxxx Plaintiff and Class Representative DATED: December , 2019 Xxxxxxx Xxxx Plaintiff and Class Representative DATED: December10 , 2019 DATED: December , 2019 Xxxxxxx Xxxxxxxx Plaintiff and Class Representative DATED: December , 2019 DEFENDANT CALIFIA FARM LLC By: Name: Its: Exhibit A: Product List Exhibit B: Claim Form Exhibit C1: Long Form Notice Exhibit C2: Print Publication Notice Exhibit C3: Online Notice Exhibit D: Propo...
Sample 1
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Dismissal of California State Court Litigation. Califia and the Plaintiffs (or Xxxxxxxx alone, who is the only current plaintiff in the California State Court Action) in the California State Action will within no less than two (2) days of the full execution of this Agreement submit a stipulation and proposed Order in the California State Court that will stay the California State Court Litigation pending Final Approval of this Settlement (including any appeals), and, if Final Approval is granted, to dismiss the California State Action with prejudice.
Sample 1

Related to Dismissal of California State Court Litigation

  • Dismissal of Litigation Within five (5) days of the Effective Date, Summit, VISX and Pillar Point shall cause all of the Summit/VISX Litigation (as hereinafter defined) to be dismissed with prejudice, with each party to bear its own costs and attorneys' fees. As used herein, "Summit/VISX Litigation" means VISX Partner, Inc. v. Summit Partner, Inc., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. CV 772057; VISX, Incorporated v. Pillar Point Partners, et al., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. 770042; and VISX Partner, Inc., on behalf Pillar Point Partners, United States District Court, District Of Massachusetts, Case No. 96-11739-PBS. The term "Summit/VISX Litigation" includes all counterclaims, cross-claims and the like asserted in the foregoing actions.

  • Agreement Made in California; Venue The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in San Francisco.

  • Small Claims Court Notwithstanding anything herein to the contrary, each party retains the right to pursue in Small Claims Court any dispute within that court’s jurisdiction. Further, this arbitration provision shall apply only to disputes in which either party seeks to recover an amount of money (excluding attorneys’ fees and costs) that exceeds the jurisdictional limit of the Small Claims Court.

  • Waiver of California Civil Code Section 1542 Borrower acknowledges that there is a risk that subsequent to the execution of this Agreement it may incur or suffer losses, damages or injuries which are in some way caused by the transactions referred to in the Loan Documents or this Agreement, but which are unknown and unanticipated at the time this Agreement is executed. Borrower does hereby assume the above mentioned risks and agree that this Agreement shall apply to all unknown or unanticipated results of the transactions and occurrences described herein, as well as those known and anticipated, and upon advice of counsel, Borrower does hereby knowingly waive any and all rights and protections under California Civil Code Section 1542 which section has been duly explained and reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

  • California Law This Agreement shall be subject to and construed in accordance with the laws of the State of California.

  • SMALL CLAIMS COURT OPTION YOU MAY CHOOSE TO LITIGATE ANY DISPUTE BETWEEN YOU AND ANY OF US IN SMALL CLAIMS COURT, RATHER THAN IN ARBITRATION, IF THE DISPUTE MEETS ALL REQUIREMENTS TO BE HEARD IN SMALL CLAIMS COURT.

  • Arbitration; Choice of Forum (a) BY ACCEPTING THIS AWARD, YOU ARE INDICATING THAT YOU UNDERSTAND AND AGREE THAT THE ARBITRATION AND CHOICE OF FORUM PROVISIONS SET FORTH IN SECTION 3.17 OF THE PLAN SHALL APPLY TO THIS AWARD. SUCH PROVISIONS, WHICH ARE EXPRESSLY INCORPORATED HEREIN BY REFERENCE, PROVIDE AMONG OTHER THINGS THAT ANY DISPUTE, CONTROVERSY OR CLAIM BETWEEN THE FIRM AND YOU ARISING OUT OF OR RELATING TO OR CONCERNING THE PLAN OR THIS AWARD AGREEMENT SHALL BE FINALLY SETTLED BY ARBITRATION IN NEW YORK CITY, PURSUANT TO THE TERMS MORE FULLY SET FORTH IN SECTION 3.17 OF THE PLAN. (b) To the fullest extent permitted by applicable law, no arbitrator shall have the authority to consider class, collective or representative claims, to order consolidation or to join different claimants or grant relief other than on an individual basis to the individual claimant involved. (c) Notwithstanding any applicable forum rules to the contrary, to the extent there is a question of enforceability of this Award Agreement arising from a challenge to the arbitrator’s jurisdiction or to the arbitrability of a claim, it shall be decided by a court and not an arbitrator. (d) All references to the New York Stock Exchange in Section 3.17 of the Plan shall be read as references to the Financial Industry Regulatory Authority. (e) The Federal Arbitration Act governs interpretation and enforcement of all arbitration provisions under the Plan and this Award Agreement, and all arbitration proceedings thereunder. (f) Nothing herein creates a substantive right to bring a claim under U.S., Federal, state, or local employment laws.

  • Alternative Arbitration Proceedings Alternatively, the Parties may refer the matter to the Nairobi Centre for International Arbitration (NCIA) which offers a neutral venue for the conduct of national and international arbitration with commitment to providing institutional support to the arbitral process.

  • California Judicial Reference If any action or proceeding is filed in a court of the State of California by or against any party hereto in connection with any of the transactions contemplated by this Agreement or any other Loan Document, (a) the court shall, and is hereby directed to, make a general reference pursuant to California Code of Civil Procedure Section 638 to a referee (who shall be a single active or retired judge) to hear and determine all of the issues in such action or proceeding (whether of fact or of law) and to report a statement of decision, provided that at the option of any party to such proceeding, any such issues pertaining to a “provisional remedy” as defined in California Code of Civil Procedure Section 1281.8 shall be heard and determined by the court, and (b) without limiting the generality of Section 10.04, the Borrower shall be solely responsible to pay all fees and expenses of any referee appointed in such action or proceeding.

  • COURT ACTION If a judgment of dissolution of marriage is obtained by either Xxxxxx, the original of this Agreement shall be attached to the judgment. The court shall be requested to do the following: a.) Approve the entire Agreement as fair and equitable; b.) Order the Couple to comply with all of its executory provisions; c.) Merge the provisions relating to child custody and visitation, Child Support, Spousal Support, future acts with respect to property division, attorney fees and costs, and income tax, and only those provisions, into the judgment; and d.) Incorporate the remainder of the Agreement in the judgment for the sole purpose of identification.

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