Release by Settlement Class Members. Effective as of the Final Settlement Approval Date, all Releasing Parties shall release and forever discharge, and shall be forever be barred from asserting, instituting or maintaining against any or all of the Released Persons or Released Parties, any and all of the Released Claims.
Release by Settlement Class Members. Effective as of the Final Settlement Approval Date, each and all of the Settlement Class Members (except any such person who has filed a proper and timely Request for Exclusion) shall release and forever discharge, and shall be forever barred from asserting, instituting or maintaining against any or all of the Released Persons, any and all claims, demands, actions, causes of action, lawsuits, arbitrations, damages, or liabilities whether legal, equitable, or otherwise, relating in any way to the claims asserted or the factual allegations made in the Action, including without limitation the allegations that the Settlement Class Products (i) are defective, and (ii) were misleadingly marketed as durable garden hoses, and/or in any other way (collectively, the “Claims”). With respect to the Claims released pursuant to this paragraph, each Settlement Class Member shall be deemed to have waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of California Civil Code section 1542 (and equivalent, comparable, or analogous provisions of the laws of the United States of America or any state or territory thereof, or of the common law or civil law). Section 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. However, this definition expressly excludes claims for personal injury. The Parties hereby agree and acknowledge that this waiver is an essential term of this Agreement without which the consideration given herein by Defendant on behalf of all Released Persons would not have been given. Each and every term of this paragraph shall inure to the benefit of each and all of the benefit of each and all of the Released Persons, and each and all of their respective successors and personal representatives, which persons and entities are intended to be beneficiaries of this paragraph.
Release by Settlement Class Members. All Settlement Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from any and all claims, debts, liabilities, demands, obligations, penalties, premium or causes of action of whatever kind or nature, whether known or unknown, contingent or accrued, and irrespective of theory of recovery, that were or could have been reasonably brought based on the facts or claims alleged in the Operative Complaint, arising during the Class Period, irrespective of recovery. The released claims include, but are not limited to, claims for any alleged failure to pay all wages due (including minimum wage and overtime wages), failure to pay for all hours worked (including off-the clock work), failure to provide meal periods, failure to authorize and permit rest periods, short/late meal and rest periods, failure to relieve of all duties during meal and rest periods, failure to pay or properly compensate meal or rest break premiums, failure to reimburse for business-related expenses, failure to furnish accurate wage statements, record keeping violations, failure to pay wages timely during employment, failure to pay final wages upon separation of employment, claims related to pre and post-shift work, failure to properly calculate the regular rate of pay, claims derivative and/or related to these claims, liquidated damages, and conversion of wages. The above release excludes claims for penalties under PAGA.
Release by Settlement Class Members. Upon the occurrence of the Effective Date and the Settlement being fully funded, all Settlement Class members who do not opt-out will release and discharge the Released Parties from all claims alleged or could have been alleged in the Complaint, including violations of Labor Code sections 201, 202, 203, 204, 210, 216, 226, 226.7 510, 512, 516, 558, 1182.12, 1194, 1194.2, 1197, 1197.1, 1198, 2802, 2804, 2698 et seq., 2699; California Business and Professions Code sections 17200, et seq., and Industrial Welfare Commission Wage Order No. 4, including claims for failure to pay minimum wages and overtime wages, including any overtime wages owed on bonuses, incentive pay, or other such compensation; failure to provide meal periods; failure to pay meal period premium wages; failure to provide rest periods; failure to pay rest period premium wages; failure to reimburse for necessary business expenditures; failure to pay all wages due; failure to furnish complete, accurate, itemized wage statements; failure to pay all earned wages at least twice during each calendar month; and failure to maintain accurate records (the “Class Released Claims”). The release will be from July 3, 2015 to March 12, 2023 (“Help Group Release Period”) as to Defendants Help Group West and Help Group Child and Family Center. The release will be from July 20, 2016 to March 12, 2023 as to Defendant Project Six. The Help Group Release Period and Project Six Release Period are collectively referred to as the “Release Periods.”
Release by Settlement Class Members. All Settlement Class Members, (other than those persons who have timely and properly filed a Valid Exclusion Request), on behalf of themselves and their agents, administrators, servants, employees, representatives, assigns, heirs, executors, trustees, joint venturers, partners, successors, predecessors and attorneys, and each of them (collectively the “Releasing Persons”), hereby jointly and severally release and discharge Defendant and all of its respective former, present and future direct and indirect parents, affiliates, subsidiaries, successors and predecessors and all of their respective former, present and future officers, directors, shareholders, indemnitees, employees, servants, attorneys, representatives, independent contractors, vendors, (including, but not limited to, XxxxxXxXxxxx.xxx, Velocify), successors, trusts, trustees, partners, associates, principals, divisions, insurers, members, representatives, brokers, consultants, heirs, and assigns (collectively the “Released Parties”) from any and all actions, causes of action, obligations, costs, expenses, damages, losses, claims, liabilities, and demands from April 8, 2019 to June 7, 2019 arising out of facts asserted in, or claims alleged in the operative First Amended Complaint, including any claims for violation of Sections 632 and Section 632.7 of the IPA and any other federal, state or local statute, regulation, or common law relating to the recording of telephone calls. This release will become effective on the date the Defendant has rendered full payment in this matter to the class action administrator.
Release by Settlement Class Members. Effective as of the Final Settlement Approval Date, each Settlement Class Member (except any such person who has filed a proper and timely Request For Exclusion) shall release and forever discharge, and shall be forever barred from asserting, instituting, or maintaining against any or all of the Released Persons, any and all claims, demands, actions, causes of action, lawsuits, arbitrations, damages, or liabilities of any nature whatsoever, known or unknown, actual or potential, direct or indirect, accrued or unaccrued, contingent or matured, whether legal, equitable or otherwise, that have been brought or could have been brought by any Settlement Class Member against any Released Person that relate in any way, directly or indirectly, to products, facts, acts, events, transactions, occurrences, courses of conduct, representations, omissions, circumstances or other matters referenced in any claim raised or that could have been raised by any Settlement Class Member in this Action, including but not limited to claims relating to, regarding, or arising out of the distribution, marketing, advertising or sale of Gerber® Good Start® infant formula. Each term of this paragraph 6.1 shall inure to the benefit of each and all of the Released Persons, and each and all of their respective successors and personal representatives, which persons and entities are intended to be beneficiaries of this paragraph 6.1.
Release by Settlement Class Members. Upon the complete funding of the Gross Settlement Amount, every member of the Settlement Class (except those who validly opt out from the Settlement) will fully release and discharge the Released Parties, as follows:
Release by Settlement Class Members. Effective as of the Final Settlement Approval Date, each Settlement Class Member (except any such person who has filed a proper and timely Request For Exclusion) shall release and forever discharge, and shall be forever barred from asserting, instituting, or maintaining against any or all of the Released Persons, any and all claims, demands, actions, causes of action, lawsuits, arbitrations, damages, or liabilities of any nature whatsoever, known or unknown, actual or potential, direct or indirect, accrued or unaccrued, contingent or matured, whether legal, equitable or otherwise, that have been brought or could have been brought by any Settlement Class Member against any Released Person that relate in any way, directly or indirectly, to products, facts, acts, events, transactions, occurrences, courses of conduct, representations, omissions, circumstances or other matters referenced in any claim raised or that could have been raised by any Settlement Class Member in this Action, including but not limited to claims relating to, regarding, or arising out of (i) the manufacture, distribution, marketing, advertising or sale of the Real Ham Bone For Dogs, (ii) any Settlement Class Member’s purchase or use of the Real Ham Bone For Dogs, or (iii) any pet injury, pet death, or property damage allegedly resulting from use of the Real Ham Bone For Dogs. Each term of this paragraph 6.1 shall inure to the benefit of each and all of the Released Persons, and each and all of their respective successors and personal representatives, which persons and entities are intended to be beneficiaries of this paragraph 6.1.
Release by Settlement Class Members. In exchange for the consideration provided herein, the Settlement Class Members, not including the Named Plaintiffs, hereby release any and all claims they have or may have against the Released Parties arising out of or relating to the manner in which they were compensated by the Released Parties up to the date the Court preliminarily approves this Agreement. The Released Claims include any and all claims they have or may have against the Released Parties arising out of or relating to any and all (1) causes of action asserted or that could have been asserted in the initial complaint, First Amended Complaint and Second Amended Complaint in the Action; (2) claims, rights, demands, charges, complaints causes of action, obligation or liability under any state or federal law, order, rule, statute, regulation, or ordinance for unpaid overtime pay for hours worked in excess of 40 hours per week during the Settlement Period, including claims for wages, penalties, interest, liquidated damages or associated damages; and (3) claims, rights, demands, charges, complaints causes of action, obligation or liability under any state or federal law, order, rule, statute, regulation, or ordinance for unpaid wages during the Settlement Period, including claims for wages, penalties, interest, liquidated damages or associated damages. By entering into this release, it means that they forever release and settle each and all of the Released Claims described in this paragraph and each of the claims pursued in the Action, and that they forego any right to recover any wages, overtime wages, interest, penalties, civil penalties, and/or entitlement to reimbursement. Further, the Released Claims include all claims made in the Action. This release also means they cannot and will not pursue any remedies in the Action. They also agree that this release of the Released Claims extends not only to AMC, but also to its subsidiaries, related companies, parents, successors, assigns, current and former managers, employees, owners, officers, directors, and agents. If any term or provision of the Agreement is determined to be unenforceable, they agree that the remaining terms will remain binding and in full force and effect.
Release by Settlement Class Members. Settlement Class members (except those who opt-out) shall release all claims against Mission Produce and the Released Parties under California law that were asserted in the Actions, or which could have been asserted in the Actions based on the facts alleged in the operative complaints in the Actions, including claims for: (i) failure to pay overtime wages (Labor Code §§ 204, 510, 1194, 1198); (ii) failure to pay minimum wages (Labor Code §§ 1182.12, 1194, 1194.2, 1197, 1198); (iii) meal period violations (Labor Code §§ 226.7, 512); (iv) rest period violations (Labor Code §§ 226.7, 516); (v) failure to indemnify employees for business expenses (Labor Code §§ 2802, 2804); (vi) failure to furnish accurate itemized wage statements (Labor Code § 226); (vii) failure to timely pay final wages (Labor Code §§ 201-203); and (viii) any claims under Business & Professions Code § 17200 et seq. based on any of the above claims, arising from Settlement Class members’ employment with Mission Produce during the Class Period (“Class Released Claims”). The period of release for the Class Released Claims shall extend to the limits of the Class Period. In addition, all Settlement Class members (whether or not they opt out of the Class Settlement) who worked for Mission Produce at any time from April 24, 2019 through the end of the Class Period (the “PAGA Period”) will release all claims against Mission Produce for civil penalties under PAGA based on the facts alleged in the operative complaints in the Actions and in the PAGA letters submitted by Plaintiffs, that arose during the PAGA Period (the “PAGA Released Claims”).
