First Amended Complaint Sample Clauses

First Amended Complaint. The First Amended Complaint filed by Plaintiffs Xxxxxxx Xxxxx and Xxxxx XxXxxxxxx in the case entitled Xxxxxxx Xxxxx et al.
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First Amended Complaint. After the execution of this agreement, Plaintiff Xxxxxx’x complaint will be amended to replace Xxxxx Xxxxxx with Xxxxxxxx Xxxxx as the Plaintiff in this action and to add a cause of action under the Private Attorneys General Act of 2004 (PAGA).
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First Amended Complaint. Prior to, or concurrent with the filing of the Motion for Preliminary Approval, Plaintiffs shall file a First Amended Complaint, substantially in the form of Exhibit E attached hereto, which shall become the operative complaint in the Action, adding Class Representative, Xxxxx Xxxxxxx, as plaintiff and as a proposed Class Representative, and limiting the claims to ACH First Party Fees, and which shall not substantively change the complaint in any way except as set forth herein. Except as provided in Section 7.2 above, the Parties agree that no answer or response to the First Amended Complaint by BANA is required, and that BANA shall not be regarded as having admitted any allegations asserted against it.
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First Amended Complaint. As part of this Agreement and in conjunction with obtaining preliminary approval of the Agreement, the Parties agree to stipulate that Plaintiff be granted leave to file a First Amended Complaint to add causes of action for failure to provide accurate, itemized wage statements and for civil penalties under the PAGA. Defendant shall cooperate, as necessary, to stipulate to and/or otherwise effectuate the filing of the First Amended Complaint. Defendant shall cooperate, as necessary, to with respect to Plaintiff sending a letter to the Labor & Workforce Development Agency asserting claims based on the allegations asserted in the proposed First Amended Complaint.
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First Amended Complaint. On October 30, 2017, Plaintiffs (now including Xx. Xxxxxx) filed a First Amended Complaint. The First Amended Complaint pleaded claims against Jeunesse, Xxxxx Xxxxx, Xxxxx Xxx, and Xxxxx Xxxxx; repleaded claims against Xxx Xxx, Xxxx Xxxxxx, and Xxxxx Xxxxxxxxx; and added two corporations—MLM Mafia, Inc., and Online Communications, LLC— allegedly related to Xx. Xxxxxxxxx, as well as another Distributor, Xxxxx Xxxxxxx. The First Amended Complaint sought the same unenforceability declaration with respect to the arbitration agreements executed by Xx. Xxxxxxx and Xx. Xxxxxx; the same claims for RICO violations and conspiracy to commit RICO violations; state law consumer fraud under the laws of Arizona (Ariz. Rev. Stat. § 44-1521, et seq.), Florida (Fla. Stat. §§ 501.204(1), 559.801, and 849.091); and Texas (Tex. Bus. & Com. Code § 17.41); claims for “federal securities fraud”; and a claim for “unjust enrichment.”
Sample 1
First Amended Complaint. As part of the Joint Stipulation, at or before Plaintiff files a motion for preliminary approval, Plaintiff will file a First Amended Complaint to add in a cause of action for violations of the PAGA. Plaintiff will request the Court deem the First Amended Complaint filed and/or seek leave to file the First Amended Complaint prior to the preliminary approval hearing. The First Amended Complaint is attached hereto as Exhibit B.
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First Amended Complaint. The First Amended Complaint filed in the Action by Plaintiff on April 12, 2022
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First Amended Complaint. As a condition to this Settlement, Plaintiff will amend her original complaint and file a First Amended Complaint, inclusive of PAGA claims, to be filed by no later than July 15, 2022, which shall include the PAGA claim(s) articulated in her PAGA Notice and any other claims and factual assertions raised in connection with the Parties’ negotiation of this Settlement and mediation of this Action, subject to review and comment by counsel for Defendant who shall be provided seven (7 ) calendar days to review prior to filing and an opportunity to comment on the pleading’s content.
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First Amended Complaint. For the purposes of effectuating this Agreement only, the Parties will stipulate that the Plaintiffs shall file a First Amended Class Action Complaint for Damages and Enforcement Under the Private Attorneys General Act, California Labor Code § 2698, et seq. in the Litigation, adding Xxxxxxxx Xxxxxxx as a named Plaintiff and a cause of action to allege violations of PAGA (i.e., Operative Complaint).
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Related to First Amended Complaint

  • Extended Health Plan (a) The Employer will pay 100% of the monthly premiums for the extended health care plan that will cover the employee, their spouse and dependent children, provided they are not enrolled in another plan.

  • Drug-Free Workplace Certification As required by Executive Order No. 90-5 dated April 12, 1990, issued by the Governor of Indiana, the Contractor hereby covenants and agrees to make a good faith effort to provide and maintain a drug-free workplace. The Contractor will give written notice to the State within ten (10) days after receiving actual notice that the Contractor, or an employee of the Contractor in the State of Indiana, has been convicted of a criminal drug violation occurring in the workplace. False certification or violation of this certification may result in sanctions including, but not limited to, suspension of contract payments, termination of this Contract and/or debarment of contracting opportunities with the State for up to three (3) years. In addition to the provisions of the above paragraph, if the total amount set forth in this Contract is in excess of $25,000.00, the Contractor certifies and agrees that it will provide a drug-free workplace by:

  • Drug-Free Workplace Policy Consultant shall provide a drug-free workplace by complying with all provisions set forth in City’s Council Policy 100-5, attached hereto as Exhibit “D” and incorporated herein by reference. Consultant’s failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.

  • Limitation on Out-of-State Litigation - Texas Business and Commerce Code § 272 This is a requirement of the TIPS Contract and is non-negotiable. Texas Business and Commerce Code § 272 prohibits a construction contract, or an agreement collateral to or affecting the construction contract, from containing a provision making the contract or agreement, or any conflict arising under the contract or agreement, subject to another state’s law, litigation in the courts of another state, or arbitration in another state. If included in Texas construction contracts, such provisions are voidable by a party obligated by the contract or agreement to perform the work. By submission of this proposal, Vendor acknowledges this law and if Vendor enters into a construction contract with a Texas TIPS Member under this procurement, Vendor certifies compliance.

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