Opinion
Civil Action 2:19-CV-452
04-19-2022
CONNOR ANDERSON, individually and on behalf of similarly situated persons, Plaintiff, v. TEAM PRIOR INC. and LEE PRIOR Defendants.
Notice of Class Action Settlement
To: All persons who worked as delivery drivers for Team Prior Inc. at Domino's Pizza stores at any time during the period October 4, 2013 to February 20, 2022 (“Class Period”).
You are receiving this Notice in connection with the settlement of the abovecaptioned lawsuit. This notice explains the settlement of this lawsuit and your options.
1. Introduction
This matter is asserted against Defendants Team Prior Inc. and Lee Prior (“Defendants”) alleging violations of the Fair Labor Standards Act (“FLSA”) and state law wage and horn claims for failure to properly reimburse delivery drivers for driving expenses, failure to comply with federal and state tip credit provisions, and related wage and horn violations (the “claims”).
The Parties have agreed to settle these claims. Plaintiff s principal reason for entering into the Settlement Agreement is that it provides a substantial cash benefit to the class of delivery drivers who file a claim form or previously opted into the Action and a minimum payment to those drivers who take no action without the risk or delays of further litigation. The benefit provided under the settlement must be balanced against the risk of a smaller recovery - or, indeed, no recovery at all - if this lawsuit proceeds, which includes the likelihood of appeals that could last many months, or even year s, into the future.
Defendants deny the allegations in the lawsuits and assert that they did not violate any wage and horn laws and deny that any damages are owed. Defendants are entering in this Settlement to avoid the risk, uncertainty, burden, and expense of further litigation.
2. The Settlement's Terms 1
Under the Settlement, which the Court has preliminarily approved, the Defendants agree to a Total Settlement Amount of $250, 000.00 to resolve all of the claims raised in the lawsuit, including those for expenses, claims administration fees, a service award for the Class Representative, and up to 32% of the total settlement amount, $80, 000.00, in attorneys' fees and costs, if approved by the Court.
Your potential settlement award will be calculated based on (1) whether you previously submitted a consent to join this matter, (2) whether you timely return the attached “Claim Form, Consent to Join, and Release” (“Claim Form”), and (3) the miles you drove for the Defendants during the Class Period. To determine individual payouts, Defendants have provided Plaintiff's counsel with the miles driven by each delivery driver during the relevant time period.
If you previously submitted a consent to join this matter and you do not exclude yourself or you submit a Claim Form in accordance with this Notice and do not opt-out of the Settlement, you will receive a “pro rata” share of the Net Settlement Fund (which is the Total Settlement Amount less Court approved fees, service award, and expenses incurred in connection with the litigation and Settlement).
Potential Settlement Payments: Each Settlement Class Member's “Potential Settlement Payment” will be calculated in the following manner:
• For each Settlement Class Member, the total number of his/her recorded miles making deliveries for Defendants during the Class Period shall be his/her “Individual Miles.” The aggregate of all Individual Miles among all Settlement Class Members shall be the “Class Miles.”
• Each Settlement Class Member's Individual Miles shall be divided by the Class Miles to obtain his/her “Payment Ratio.”
• Each Settlement Class Member's Payment Ratio shall be multiplied by the Net Settlement Amount to arrive at his/her Potential Settlement Payment. Each Settlement Class Member who files a valid and timely claim form or has previously submitted a consent to join this matter shall be eligible for a payment based on their Payment Ratio applied to the Net Settlement Fund, sometimes referred to as “pro rata share” of the Net Settlement Fund, with a minimum payment of $25.00.
• Each Settlement Class Member who does not file a Claim Form and does not exclude themselves shall receive a payment of $25.00.
• If following the Settlement Notice Period, the above formula would result in (1) an aggregate payout to Participating Class Members of less than $135, 000.00 or (2) a payout to the Opt-In Plaintiffs or less than $28, 770.81 in claimed damages, then the settlement payment of (1) each Participating Class Member shall be proportionally adjusted so that total damages claimed shall be no less than $135, 000.00 and (2) Opt-In Plaintiffs' damages claims shall be no less than $28, 770.81.
You may exclude yourself from or object to the Settlement by following the procedures set forth in Sections 8 and 10 below. 2
Minimum Payment: If you do not submit a Claim Form and do not opt-out of the settlement, you will still receive a minimum payment of $25.00 and you will be bound by the release of the applicable state law claims described herein.
This Notice contains only a summary of the Settlement's terms. You may obtain a hill copy of the Settlement Agreement or an estimate of your Potential Settlement Payment by contacting the Claims Administrator, listed below.
3. What are my options?
You have the following options:
| Action You Can Take | Details |
| If you previously submitted a consent to join this matter | You will receive the gr eater of the Minimum Payment or a pro rata share of the Net Settlement Fund and you will be bound by the Settlement Agreement unless you opt-out. |
| Submit a Claim Form During Notice Period | If you submit a Claim Form by [insert date 60 days after mailing] you will receive the greater of the Minimum Payment or a pro rata share of the Net Settlement Fund and you will be bound by the Settlement Agreement. |
| Do Nothing | If you do not submit a Claim Form, you will still receive a Minimum Payment and you will be bound by the Settlement Agreement unless you opt out of the Settlement. |
| Exclude Yourself (i.e., Opt Out) from the settlement by [60 days from the date of mailing]. | If you exclude yourself or opt out of the Settlement, you waive any benefits due to you under the Settlement. You will not, however, be bound by the release and can pursue your own individual claims against Defendants relating to the claims raised in this Lawsuit. To opt out, you can timely and properly submit an Opt-Out Notice described below by [60 days from date of mailing]. |
| Object to the settlement by [60 days from the date of mailing]. | If you object to the proposed Settlement, in whole or in part, you may (but are not required to) write to the Court and explain why you object. You cannot object to the Settlement unless you are a Class Member and you did not previously submit a request to opt out from the Settlement. If you object to the Settlement, you must file a written objection with the Clerk of Court's Office as described below. If you submit a written objection by [60 days from date of mailing], you may (but do not have to) attend the Settlement Fairness Hearing and, at the discretion of the Court, may speak to the Court about your objection. |
4. Why did I get this notice? 3
Records show that you currently or previously worked for Defendant as a delivery driver dining the Class Period. The Court has authorized mailing of this notice regarding the settlement of a collective and class action lawsuit that may affect you. You have legal rights and options that you may exercise in this case. The lawsuit is titled Anderson v. Team Prior Inc., et al., Civil Action No. 2:19-cv-452 and is filed in federal court in the United States District Coin! for the District of Maine.
5. Can my employer fire me or retaliate against me if I take part in the case?
The law strictly forbids any employer from retaliating against you for participating in the Lawsuit. Retaliation is illegal and you could be entitled to additional money should a corn! determine that the Defendants took any adverse action against you because you joined this lawsuit. If you experience any retaliation, you should report it immediately to Class Counsel (identified below) or another attorney of your choice.
6. How do I receive a payment?
If you do nothing, you will receive a minimum payment of $25 out of the Net Settlement Fund.
If you previously submitted a consent to join this matter, you do not need to do anything else and you will be considered a Participating Class Member and will receive your pro rata share of the Net Settlement Fund unless you choose to exclude yourself from the Settlement. If you are unsure of whether you previously submitted a consent to join this matter, you should contact the Claims Administrator or Class Counsel at the information listed in Section 13 below.
If you have not previously submitted a consent to join this matter, you must complete and return the attached Claim Form to receive your pro rata share of the Net Settlement Fund. To do so, you must submit a Claim Form by [60 days after mailing date]. If you do not properly complete and return the Claim Form in a timely manner, you will only receive a Minimum Payment from the settlement.
THE CLAIM FORM MUST BE COMPLETED, SIGNED, AND RETURNED TO THE CLAIMS ADMINISTRATOR BY MAIL, FAX, OR EMAIL AT THE CLAIMS ADMINISTRATOR ADDRESSES/NUMBER SET FORTH BELOW WITHIN 60 DAYS OF THE DATE THAT THIS NOTICE AND THE CLAIM FORM WERE MAILED TO YOU. THEREFORE, FOR YOUR CLAIM TO BE CONSIDERED TIMELY, YOUR CLAIM FORM MUST BE POSTMARKED OR RECEIVED NO LATER THAN 60 DAYS AFTER. CLAIMS POSTMARKED OR RECEIVED AFTER THAT DATE WILL BE DEEMED UNTIMELY AND YOU MAY ONLY BE ELIGIBLE FOR A MINIMUM SETTLEMENT PAYMENT.
Claim Forms must be mailed, faxed, or emailed to: 4
CAC Services Group. LLC
6420 Flying Cloud Drive, Suite 101
Eden Prairie, Minnesota 55344
Telephone; 886-602-2260
Fax: 888-495-9746
info@cacsg.com
Please follow the directions on the enclosed Claim Form and Release carefully. If you require claims administration assistance, please contact the class administrator above. As used in this Notice and the Settlement Agreement, a member of the Class who submits a valid, timely claim, and executes the enclosed Claim Form and Release, is called a “Participating Class Member.”
7. What am I giving up? What are the terms of the Release?
If you do not opt-out of the Settlement, you will be bound by a release of applicable state wage and horn claims which states:
Upon the Effective Date of the Settlement, the Class Representative and Settlement Class Members will release and forever discharge Defendants, and each of its former and present predecessors, successors, parents, subsidiaries, franchisors, insurers, attorneys and affiliates, whatever their current or former legal names or legal entity status, and each of then- respective current and former owners, officers, directors, employees, partners, shareholders, attorneys and agents (including Lee Prior, Dale Prior and Amanda Prior) and any other successors, assigns, or legal representatives (“Released Parties”), from any and all claims, rights, demands, liabilities, and causes of action of every nature and description, whether known or unknown, accruing during the Class Period, including claims that arise under the Connecticut Minimum Wage Act, C.G.S. Title 31 Chapter 558, the Maine Minimum Wage Law, Me- Rev- Stat. Aim, tit- 26. §§ 673 to 661 et. seq., and any similar' state, municipal, or local laws, which arise out of, are based on, or encompass facts asserted in the Action, including claims such as expense reimbursement claims; meal and rest break claims; dual job/80-20 claims; tip credit claims; and notification, posting and record claims: and/or any related claims for liquidated damages, penalties, attorneys' fees and costs, penalties and interest; any and all common law and equitable claims (including claims for br each of contract, unjust enrichment, quantum meruit, etc.); and any and all derivative claims relating to unpaid wages, minimum wage compensation or overtime (“Released Claims”).
Additionally, if you file a Claim or previously filed a Consent to Sue and do not opt out, you will be bound by the release quoted above, your consent will be filed with the Court, and you 5 also will release your right to claims under the federal the Fair Labor Standards Act, 29 U.S.C. SS 201 et. seq.
8. How do I exclude myself from (opt-out of) the Settlement?
You can opt out of the settlement by submitting a timely and valid Opt-Out Notice. To be timely, it must be received no later than 60 days after the Claim Forms were mailed, which was, 2022. To be valid, the Opt-Out Notice must be signed and notarized and contain the following statement or a similar statement:
I wish to opt out of the Settlement of the case, Connor Anderson et al. v. Team Prior Inc., et al. I understand that by requesting to opt out from the Settlement, I will receive no money from the settlement funds created in accordance with the Settlement Agreement in this case. I understand that if I opt out from the class monetary settlement, I may bring a separate action. I understand that in any separate lawsuit, I may receive nothing or less than I would have received had I filed a claim for money under the Settlement agreement in this case.
A Class Member who submits an Opt-Out Notice is not eligible to receive a share of the Settlement and will not release any claims.
9. What is the difference between federal and state law claims?
As discussed herein, unless you choose to opt-out of the settlement, you will be asked to release claims under your respective state's law.
If you opt-in to the settlement, you will release claims under both federal law and your respective state's law. Consequently, you would not be able to bring claims for the Class Period at a later time. If you do nothing, you would only release claims under your respective state's state law for the Class Period and could still bring claims for violation of federal law at a later time.
You should be aware that claims under federal law are limited to a two- or three-year statute of limitations, Maine has a six- year- statute of limitations and Connecticut has a two-year statute of limitations. Therefore, delay in joining this case, or proceeding separately, may result in some or all of your claims expiring as a matter of law. If you pursue your claims elsewhere, you may be awarded a lesser amount than your award in this settlement, a greater amount than your award, or $0.
10. How do I object to the Settlement?
Class Members may also object to the Settlement in whole or in part. Objections must be made in writing and filed, together with copies of all papers and briefs supporting the objection, with the Clerk of Com! on or before [60 days from the date of mailing]. You must also serve the papers on Class Counsel and Defendants' Counsel at the addresses below so that the papers are received on or before___. 6
| Clerk's Office U.S. District Court, District of Maine Edward T. Gignoux U.S. Courthouse 156 Federal Street Portland, ME 04101 207-780-3356 | Class Counsel J. Forester Forester Haynie PLLC 400 N. St. Paul Street Suite 700 Dallas, TX 75201 (214) 210-2100 info@foresterhaynie.com Peter Mancuso Andrew Schmidt Andrew Schmidt Law PLLC 97 India Street Portland, Maine 04101 (207) 619-0884 Peter@MaineWorkerJustice.com Andy@MaineWorkerJustice.com | Defendants' Counsel Kathleen McLeod Caminiti Fisher & Phillips LLP 430 Mountain Avenue Suite 3450 Murray Hill, N.J. 07974 kcaminiti@fisherphillips.com (908) 516-1062 |
Any objection to the Settlement must (a) state the name, address, and telephone number of the person or entity objecting and must be signed by the objector, (b) contain a statement of the Class Member's objection(s) and the specific reasons for each objection, including any legal or evidentiary support the Class Member wishes to bring to the Court's attention, and (c) must include documents sufficient to prove the objector's membership in the Class, such as proof of employment. You may not object to the Settlement if you are not a Class Member. If you do not comply with these requirements prior to___, you waive your right to object to the settlement.
You may file a written objection without having to appear at the Settlement Fairness Hearing. You may not, however, appear at the Settlement Fairness Hearing to present your objections unless you first filed and served a written objection in accordance with the procedures described above, unless the Court orders otherwise.
If you wish to be heard orally at the hearing in opposition to the approval of the Settlement, and if you file and serve a timely written objection as described above, you must also file a notice of appearance with the Clerk's Office and serve it on Class Counsel and Defendants' Counsel at the addresses set forth above so that it is received on or before ___. Persons who intend to object and desire to present evidence at the Settlement Fairness Hearing must include in their written objection or notice of appearance the identity of any witnesses they may call to testify and exhibits they intend to introduce into evidence at the hearing. Such persons may be heard orally at the discretion of the Court.
You are not required to hire an attorney to represent you in making written objections or in appearing at the Settlement Fairness Hearing. However, if you decide to hire an attorney, it will 7 be at your own expense, and that attorney must file a notice of appearance with the Corn! and serve it on Class Counsel and Defendants' Counsel at the addresses set forth above so that the notice is received on or before___. The Settlement Fairness Hearing may be adjourned by the Court without further written notice to the Class. Unless the Court orders otherwise, any Class Member who does not object in the manner described above will be deemed to have waived any objection and shall be forever foreclosed from making any objection to the proposed Settlement.
11. Do I have a lawyer in this case?
Plaintiff and the class are represented by J. Forester of Forester Haynie PLLC, 400 N. St. Paul Street, Suite 700, Dallas, TX 75201, Peter Mancuso and Andrew Schmidt of Andrew Schmidt Law PLLC, 97 India Street, Portland, Maine 04101. If you have questions or need additional information, please contact Plaintiff Counsel at 214-210-2100 or info@foresterhaynie.com.
12. How will the lawyers be paid? How will costs be paid?
Class Counsel has not received payment of any attorney's fees or expenses inclined in representing the Class. Per Class Counsel's representation agreements with Mr. Anderson and under the terms of the Settlement Agreement, Class Counsel intends to ask the Court for an attorneys' fees and cost award of $80, 000.00, which is approximately 32% of Total Settlement Amount. In addition. Class Counsel will seek an incentive award of $5, 000.00 total for Plaintiff Connor Anderson. If approved, this amount will come from the settlement fund allocated to Class Members. The Coin! has preliminarily approved Plaintiffs counsel's request for attorneys' fees, expenses, and the incentive award. You may also hire your own attorney to represent you in this matter. If you do, it will be at your own expense.
13. When and where will the Court decide whether to approve the Settlement?
The Coin! will determine whether to approve this Settlement, hi order to do so, the Court will conduct a Settlement Fairness Hearing on the Edward T. Gignoux U.S.
Courthouse located at 156 Federal Street, Portland, ME 04101. The Settlement Fairness Hearing may be rescheduled at the discretion of the Court. Although you may attend this hearing, you do not need to attend this hearing in order to participate in the Settlement. At the hearing, the Court will determine:
(a) Whether to approve the Settlement Agreement and terms of release, including whether the terms of the proposed settlement are fair, reasonable, and adequate;
(b) Whether the lawsuit should be dismissed with prejudice;
(c) Whether Class Counsel's request for an award of attorney's fees and expenses should be finally approved;
(d) Whether to approve Class Representatives Service Award;
(e) any other relief that the Court deems necessary.
The Court may approve the Settlement and/or any other related matter at or after the Settlement Fairness Hearing without further notice to Class Members. 8
Please Direct Any Questions Regarding this Notice to the Claims Administrator or Class Counsel:
| Claims Administrator CAC Services Group, LLC 6420 Flying Cloud Drive, Suite 101 Eden Prairie, Minnesota 55344 Telephone; 886-602-2260 Fax: 888-495-9746 info@cacsg.com | Class Counsel Jay Forester, Esq. Forester Haynie PLLC 400 N. St. Paul St., Suite 700 Dallas, TX 75201 (214)210-2100 Peter Mancuso, Esq. Andrew Schmidt Andrew Schmidt Law PLLC 97 India Street Portland, Maine 04101 (207) 619-0884 |
14. Please keep your address current.
If you do return a claim form, you will be mailed a check for your portion of the Absent Class Member Settlement Fund. For that reason, it is important that you keep your mailing address current. If your mailing address changes, please inform the Claims Administrator. 9
CLAIM FORM, CONSENT TO JOIN, AND RELEASE
Connor Anderson v. Team Prior, Inc., et al., Case No.2:19-CV-452), pending in the U.S. District Court for the District of Maine (“Action”)
TO: THE CLERK OF THE COURT AND TO EACH PARTY AND COUNSEL OF RECORD
1. By my signature below, I hereby consent to join the above-styled action and designate the class representative, Connor Anderson, as my agent to make decisions on my behalf concerning the litigation, the settlement of the litigation, the entering of an agreement with Class Counsel concerning attorneys' fees and costs, and all other matters pertaining to this lawsuit. I understand that the case has been settled, that the Court has preliminarily approved the settlement, and that if final approval is granted by the Court, I will receive a payment through the settlement in an amount which was negotiated by the class representative and Class Counsel.
2. I understand that I will receive a payment from a Court-approved settlement if I timely and properly submit this Claim Form, Consent to Join, and Release no later than [60 days from mailing date]. In consideration of this settlement, I agree to accept a Settlement Payment constituting my pro rata share of the Net Settlement Fund based on my Individual Miles driven while working as a delivery driver for Defendants. I am responsible for the payment of any and all taxes due as a consequence of the payment made pursuant to the Agreement.
3. Upon the Effective Date of the Settlement, I release and forever discharge Defendants and each of its former and present predecessors, successors, parents, subsidiaries, franchisors, insurers, attorneys and affiliates, whatever their current or former legal names or legal entity status, and each of their respective current and former owners, officers, directors, employees, partners, shareholders, attorneys and agents (including Lee Prior, Dale Prior and Amanda Prior) and any other successors, assigns, or legal representatives (“Released Parties”), from any and all claims, rights, demands, liabilities, and causes of action of every nature and description, whether known or unknown, accruing during the Class Period, including claims that arise under the Connecticut Minimum Wage Act, C.G.S. Title 31 Chapter 558, the Maine Minimum Wage Law, Me. Rev. Stat. Ann. tit. 26, §§ 673 to 661 et. seq., and any similar state, municipal, or local laws, which arise out of, are based on, or encompass facts asserted in the Action, including claims such as expense reimbursement claims; meal and rest break claims; dual job/80-20 claims; tip credit claims; and notification, posting and record claims; and/or any related claims for liquidated damages, penalties, attorneys' fees and costs, penalties and interest; any and all common law and equitable claims (including claims for breach of contract, unjust enrichment, quantum meruit, etc.); and any and all derivative claims relating to unpaid wages, minimum wage compensation or overtime (“Released Claims”). In addition to the foregoing, I release my right to claims against the Released Parties during the Class Period under the federal Fair Labor Standards Act, 29 U.S.C. §§ 201 et. seq. 10
4. I agree to submit to the jurisdiction of the U.S. District Court for the District of Maine for purposes of this Lawsuit and enforcement of this settlement. I acknowledge that I am bound by and subject to the terms of any judgment that may be entered in this Lawsuit. I agree to supply additional information to support this proof of claim if I am asked to do so.
Signature: ___
Print Name: ___
Phone Number: ___
Address: ___
Street (Apt.) City State ZIP
City and State of Domino's Location where you worked: ___ 11