Plaintiffs’ Statement Sample Clauses

Plaintiffs’ Statement. Named Plaintiffs have vigorously prosecuted this case, and Defendant has vigorously contested it. The factual investigation conducted in this matter, and discussions between counsel for the parties, have been adequate to give Named Plaintiffs and their counsel a sound understanding of the merits of their positions and to evaluate the potential worth of the claims of the classes. The settlement was reached with the assistance of two experienced mediators, X. Xxx Xxxxx and Xxxxxx Xxxxxx XXX, after arm’s-length settlement discussions and extensive discovery, including written discovery, production of documents and data, depositions, and litigation of multiple issues related to discovery, over a period of several months, culminating in a mediation and further settlement discussions which occurred over a number of weeks. The discovery conducted in this Action and the information exchanged by the parties are sufficient to reliably assess the merits of the parties’ respective positions and to compromise the issues on a fair and equitable basis. The Named Plaintiffs believe the claims asserted in the Litigation on behalf of all drivers who have worked for Defendant in North Carolina have merit under the FLSA and North Carolina law. However, Plaintiffs also recognize the uncertainty of the outcome and the risk of loss in any litigation, including this one. Further, Plaintiffs have considered the cost and delay of continued proceedings necessary to prosecute the instant Action against Defendant through class certification, dispositive motions, and the potential difficulty of opposing a motion for decertification of the Action as well as trying the claims of the FLSA Collective and Rule 23 Class, and any potential appeal. Plaintiffs believe that the settlement set forth in this Agreement confers substantial benefits on members of the Settlement Class and Settlement Collective, and that an independent review of this settlement by the Court during the approval process will confirm this conclusion. Based on their own independent investigation and evaluation, Plaintiffs have determined that the settlement is in the best interest of Named Plaintiffs, the Opt-in Plaintiffs, and the other members of the Settlement Class and Settlement Collective.
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Related to Plaintiffs’ Statement

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