Common use of LITIGATION BACKGROUND Clause in Contracts

LITIGATION BACKGROUND. 2 A. On January, 24, 2018, eight Plaintiffs filed a class-action complaint in the 3 United States District Court for the District of Arizona. Plaintiffs allege that Defendants 4 employed a corporate policy and/or practice to provide Guest Information to agents of 5 Immigration and Customs Enforcement (“ICE”) and/or other Federal Immigration 6 Authorities. Plaintiffs challenge Defendants’ alleged policy and/or practice as 7 unauthorized disclosures of private information and as discriminatory, unconstitutional, a 8 violation of state laws protecting consumers, and a violation of Defendants’ privacy 9 policy. 10 B. On May 8, 2018, Defendants filed an answer and defenses to the class 11 action complaint and denied any wrongdoing or violation of the law. 12 C. On June 15, 2018, the Parties engaged in a day-long mediation before 13 ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, Esq., a professional mediator. The mediation resulted in a tentative 14 settlement. 15 D. On July 6, 2018, the Parties filed a joint certification with the Court that 16 indicated that the Parties agreed to a tentative settlement that would resolve the 17 Plaintiffs’, Class Members’, and Injunctive Relief Class Members’ claims against 18 Defendants. 19 E. On November 2, 2018, the Parties filed a Joint Motion for Preliminary 20 Approval of Class Action Settlement (the “Joint Motion”) with the Court. 21 F. On January 29, 2019, the Parties appeared before the Court for a hearing on 22 the Joint Motion, at which time the Court expressed certain questions and concerns, and 23 allowed the Parties an additional period of time to address those questions and concerns 24 in a new motion to be filed in support of the settlement agreement. 25 G. On April 3, 2019, the Parties engaged in an additional day-long mediation 26 before ▇▇. ▇▇▇▇▇▇▇▇▇, which resulted in certain agreed upon changes to the complaint 27 and settlement. 1 H. On June 5, 2019, Plaintiffs filed, with Defendants’ consent, an Amended 2 Class Action Complaint for Declaratory and Injunctive Relief (the “Amended 3 Complaint”).

LITIGATION BACKGROUND. 2 A. On January, 24, 2018, eight Plaintiffs filed a class-action complaint in the 3 United States District Court ▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ for the District of Arizona. Plaintiffs allege that Defendants 4 employed a corporate policy and/or practice to provide Guest Information to agents of 5 Immigration and Customs Enforcement (“ICE”) and/or other Federal Immigration 6 Authorities. Plaintiffs challenge Defendants’ alleged policy and/or practice as 7 unauthorized disclosures of private information and as discriminatory, unconstitutional, a 8 violation of state laws protecting consumers, and a violation of Defendants’ privacy 9 policy. 10 B. On May 8, 2018, Defendants filed an answer and defenses to the class 11 action complaint and denied any wrongdoing or violation of the law. 12 C. On June 15, 2018, the Parties engaged in a day-long mediation before 13 ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, Esq., a professional mediator. The mediation resulted in a tentative 14 settlement. 15 D. On July 6, 2018, the Parties filed a joint certification with the Court that 16 indicated that the Parties agreed to a tentative settlement that would resolve the 17 Plaintiffs’, Class Members’, and Injunctive Relief Class Members’ claims against 18 Defendants. 19 E. On November 2, 2018, the Parties filed a Joint Motion for Preliminary 20 Approval of Class Action Settlement (the “Joint Motion”) with the Court. 21 F. On January 29, 2019, the Parties appeared before the Court for a hearing on 22 the Joint Motion, at which time the Court expressed certain questions and concerns, and 23 allowed the Parties an additional period of time to address those questions and concerns 24 in a new motion to be filed in support of the settlement agreement. 25 G. On April 3, 2019, the Parties engaged in an additional day-long mediation 26 before ▇▇. ▇▇▇▇▇▇▇▇▇, which resulted in certain agreed upon changes to the complaint 27 and settlement. 1 H. On June 5, 2019, Plaintiffs filed, with Defendants’ consent, an Amended 2 Class Action Complaint for Declaratory and Injunctive Relief (the “Amended 3 Complaint”).