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Westcott v. FedEx Ground Package Sys., Inc. (In re FedEx Ground Package Sys., Inc.)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION
Apr 28, 2017
Case No. 3:05-MD-527 RLM (N.D. Ind. Apr. 28, 2017)

Opinion

Case No. 3:05-MD-527 RLM MDL 1700

04-28-2017

In re FEDEX GROUND PACKAGE SYSTEM, INC., EMPLOYMENT PRACTICES LITIGATION THIS DOCUMENT RELATES TO: Thomas Westcott, et al. v. FedEx Ground Package System, Inc., Civil No. 3:06cv485 RLM-MGG (MD)


OPINION AND ORDER

Twenty proposed class actions in this multi-district litigation docket came before me on March 13-14 for fairness hearings. The cases are on limited remand from the court of appeals, where nineteen of them awaited resolution. The Judicial Panel on Multi-District Litigation centralized the cases under 28 U.S.C. § 1407, but the cases haven't been consolidated, so each proposed settlement must be examined separately.

I. HISTORY OF THE MDL DOCKET

In July 2005, the JPMDL granted (over the plaintiffs' objections) FedEx Ground's second request to centralize a series of cases in which FedEx Ground drivers claimed to be employees, rather than the independent contractors their employment contracts announced. The Panel reasoned that economies were to be gained because all drivers were governed by the same contract. The MDL process proved cumbersome. Even if the wording of each contract was the same, each state's agency law varied, and differences in operation from one terminal to the next had the potential of affecting the decision.

The number of cases in the MDL docket eventually grew to 40. I appointed attorneys from three law firms to serve as co-lead counsel: Lockridge Grindal Nauen P.L.L.P. of Minneapolis, Harwood Feffer LLP of New York City, and Leonard Carder LLP of Oakland. I also appointed attorneys from three other firms - Cureton Caplan, P.C. of Delran, NJ; Siegel, Brill, Greupner, Duffy & Foster, P.A. of Minneapolis; and Zimmerman Reed P.L.L.P. of Minneapolis - to complete the plaintiffs' steering committee.

The stakes were enormous. Not only did the plaintiffs' co-lead counsel seek to represent upwards of 10,000 arguably under-compensated drivers, but the attack on drivers' independent contractor status threatened FedEx Ground's entire business model.

Consistent with those stakes, discovery was more than extensive. Although damages discovery was deferred, merits discovery and class discovery were conducted simultaneously. Some 3.2 million documents were produced and analyzed; seventeen sets of interrogatories were answered; 215 named plaintiffs answered fifteen requests for admission and sat for depositions; 105 FedEx Ground personnel sat for daylong depositions; 20 expert witnesses produced reports and sat for daylong depositions; Daubert motions were filed and defended. The class representatives were heavily involved in tracking down records and documents, as well as in preparing for, and giving, their own depositions.

The plaintiffs filed class certification motions in each of the cases; FedEx Ground opposed each motion. The plaintiffs filed an omnibus fact memorandum supported by 65 bankers' boxes of documents. In 2007 and 2008, I certified classes in 26 of the then-40 cases, and in all of the 20 on limited remand from the court of appeals. FedEx Ground sought interlocutory appellate review of the certification grants, and the plaintiffs successfully opposed that effort. Class notifications were hampered by spotty databases.

Sixty summary judgment motions and briefing followed. The drivers filed a 75-page statement of undisputed material facts with citations to 12 volumes. In 2010 and 2011, I denied a few of FedEx Ground's summary judgment motions but granted most, and granted all in the 20 cases now on limited remand. With respect to some of the cases, I suggested remand and the Panel sent the cases back to the transferor courts. Co-lead counsel appealed the summary judgment grants in these 20 cases to the United States Court of Appeals for the Seventh Circuit; in most of those cases, FedEx Ground cross-appealed the class certifications.

In both this court and the court of appeals, the parties recommended that the Kansas Craig case be addressed first, as something of a quasi-bellwether case. After briefing and argument, the court of appeals certified the employee/independent contractor case to the Kansas Supreme Court, which devised a new 18-part test and answered the certified question in the drivers' favor. Craig v. FedEx Ground Package Sys., Inc., 335 P.3d 66 (Kan. 2014). The court of appeals ultimately reversed my grant of summary judgment to FedEx Ground in Craig, and remanded the case. In re FedEx Ground Package Sys., Inc. Emp't Practices Litig., 792 F.3d 818 (7th Cir. 2015). In addition to the reversal in the Kansas case, rulings in other courts were trending toward findings of employee status, see Alexander v. FedEx Ground Package Sys., Inc., 765 F.3d 981 (9th Cir. 2014) (California law); Slayman v. FedEx Ground Package Sys., Inc., 765 F.3d 1033 (9th Cir. 2015) (Oregon law), or at least toward fact issues for trial. See Gray v. FedEx Ground Package Sys., Inc., 799 F.3d 995 (8th Cir. 2015) (Missouri law); Carlson v. FedEx Ground Package Sys., Inc., 787 F.3d 1313 (11th Cir. 2015) (Florida law).

The parties didn't immediately ask me to find for the Kansas drivers on liability and suggest remand to the United States District Court for the District of Kansas. Instead, the parties had chosen a mediator in an effort to resolve all of the cases remaining in the Seventh Circuit.

Each case was mediated separately, with some cases requiring several sessions. Each case was mediated with an eye on the governing law, which varied from case to case. The mediation spanned four weeks. The drivers and FedEx Ground exchanged experts' views as to the maximum recovery for each case if the drivers prevailed across the board. Settlements were reached in each case, and the court granted preliminary approval of each of the settlements. The plaintiffs then retained Rust Consulting to administer the settlements.

I conducted fairness hearings on March 13 and 14, 2017, and on March 15 and 16, I notified the court of appeals of my inclination to enter final approval of the class settlements. The court of appeals entered a second limited remand order on March 22 to allow me to do so.

II. FAIRNESS OF THE SETTLEMENT

Parties can't settle class actions without the court finding that the proposed settlement is "fair, reasonable, and adequate." Fed. R. Civ. P. 23(e); Synfuel Technologies, Inc. v. DHL Express (USA), Inc., 463 F.3d 646, 652 (7th Cir. 2006); see also EEOC v. Hiram Walker & Sons, Inc., 768 F.2d 884, 889 (7th Cir. 1985) ("The district court may not deny approval of a consent decree unless it is unfair, unreasonable, or inadequate."). In that effort, we in this circuit consider several circumstantial factors:

(1) the strength of the case for plaintiffs on the merits, balanced against the extent of settlement offer; (2) the complexity, length, and expense of further litigation; (3) the amount of opposition to the settlement; (4) the reaction of members of the class to the settlement; (5) the opinion of competent counsel; and (6) stage of the proceedings and the amount of discovery completed.
Wong v. Accretive Health, Inc., 773 F.3d 859, 863 (7th Cir. 2014) (quoting Gautreaux v. Pierce, 690 F.2d 616, 631 (7th Cir. 1982)). Of those, the first is the most important. Martin v. Reid, 818 F.3d 302, 306 (7th Cir. 2016).

The Westcott case was filed in the District of Maryland and centralized in this court under 28 U.S.C. § 1407 in August 2006. I granted the plaintiffs' motion for certification of a class in March 2008, and granted summary judgment to FedEx Ground in December 2010, finding that the plaintiffs were independent contractors under Maryland law. The class appealed.

In June 2016, the parties reached a proposed settlement. FedEx Ground would pay $9,400,000 to the plaintiffs. For each workweek of 35 or more hours during the class period, each class member would receive $71.93; for each workweek of 16-35 hours, each class member would receive $25.17. No class member would receive less than a $250 lump sum. The average recovery per class member would be $12,047, with the highest share being $29,455. No plaintiff would be required to fill out, or collect the information needed for, a claim form. No part of the settlement fund would revert to FedEx Ground if anything were left over.

The proposed settlement resulted from arms-length negotiations with a private mediator. Each side took stock of potential liability and damages under Maryland law. The class consulted an expert in accounting and damages, who concluded that the maximum recovery the plaintiffs could achieve would be $18,920,000 with interest. FedEx Ground assessed the claims' value at less than that. The proposed settlement amounts to about 50 percent of the plaintiffs' estimate of a perfect outcome.

A perfect outcome would be a long way off. At this point, my ruling that these drivers are independent contractors under Maryland law is the only judicial determination. The class would need for the court of appeals to find my ruling to have been in error; such an appellate ruling might consist only of a determination that Maryland drivers might be employees, but a trial is needed. Such a ruling would be followed by a likely FedEx Ground motion to decertify the class (seeking to exclude drivers who hired others to handle routes and arguing that "full time" drivers would be too difficult to identify), a remand to the district court in Maryland, and a need to overcome defenses FedEx Ground didn't need to raise at the summary judgment stage. They faced some potentially unfavorable law: if they were held to have authorized deductions in writing (the operating agreements), they could only recover a small percentage of their claims, even if they established that they were employees. If the plaintiffs prevailed at trial, FedEx Ground would likely appeal. Before the settlement, then, the class needed to string together victories in many skirmishes, beginning with a reversal in the court of appeals. The position of an appellant is not one of strength. And receipt of any money by any plaintiffs would be a long time off, well beyond the eleven years already invested in this litigation.

The plan for giving notice of the proposed settlement, and the third party administrator's execution of the plan, are detailed thoroughly in the papers supporting the plaintiffs' motions, and comply with the preliminary approval order, Federal Rule of Civil Procedure 23(e), and 28 U.S.C. § 1715.

No class member has objected to the proposed settlement.

Every settlement is a compromise, but this settlement achieves a good percentage of what the plaintiffs might have won had the case ever reached trial. In the absence of settlement, the best case scenario for the class is probably complex, would very likely take many more years, and is certain to be expensive - perhaps more than what has been incurred to get to this point. There is no opposition or objection. There is no indication or suggestion of collusion. Based on all of this, I find that the proposed settlement is fair, reasonable and adequate.

III. ATTORNEY FEES

Plaintiffs' co-lead counsel seek an award of attorney fees of $2,820,000 from the settlement amount. Our court of appeals favors the percentage-of-the-fund fee in common fund cases because it provides the best hope of estimating what a willing seller and a willing buyer seeking the largest recovery in the shortest time would have agreed to ex ante. See In re Synthroid Marketing Litig., 325 F.3d 974, 979-980 (7th Cir. 2003). As co-lead counsel calculate, that would be 30 percent of the $9.4 million settlement fund. As I understand the law of this circuit, I must take another step or two before I can determine attorney fees.

In Redman v. RadioShack Corp., 768 F.3d 622, 630 (7th Cir. 2014), the court of appeals explained that if we simply divide the gross settlement figure by the attorney fee request, we saddle the class members with the costs of administration, which benefit the attorneys as well as the class members. Accordingly, the court explained, "[t]he ratio that is relevant to assessing the reasonableness of the attorneys' fee that the parties agreed to is the ratio of (1) the fee to (2) the fee plus what the class members received." Id.

In their memorandum in support of their motion for final approval, co-lead counsel expect the $9,400,000 class settlement fund to be allocated and distributed this way: about $6,421,000 to the class; $2,820,000 (if I award what counsel seek) for attorney's fees and costs; $50,000 to the third-party administrator for settlement administration; $15,000 (if I award what counsel seek) in service fees for the named class representative, who gave a long deposition in this action; and about $94,000 (1 percent of the settlement) for a reserve fund for later payments to any self-identified class members.

The affidavit of the third-party administrator's representative in support of the plaintiffs' motion for final approval estimates that about $59,763 is needed for settlement administration [Doc. No. 2918]. The exhibit attached to the settlement agreement itself estimates about $48,734 for settlement administration [Doc. No. 2642-8]. I will base the amount withheld for administrative costs on the third-party administrator's estimates, and will authorize payment up to $75,000 for the cost of settlement administration, to provide an adequate buffer for any additional costs that may be incurred.

The service fees and the reserve fund would go to class members, so the total going to class members plus the requested attorney fees (and costs) would be $9,325,000. A 30 percent fee, as calculated in accordance with Redman v. RadioShack, would be $2,797,500.

The objectors in the New Jersey case filed a motion to treat all of the settlements as an aggregate "megafund," and award much lower percentages for attorney fees across the board. At the fairness hearing, counsel for the New Jersey objectors didn't persuade me that the New Jersey objectors have standing to object to proposed settlements in cases to which they aren't parties. I am denying their requests to treat these cases as a single "megafund," but the ruling and its reasoning are to be found only in the opinion and order in the New Jersey case - the case in which the objectors have standing.

The Manual for Complex Litigation reports that in deciding an award of attorney fees, courts should consider the size of the fund to be shared by the attorneys and class members; the number of class members who will share; any understandings on attorney compensation methods actually reached at the outset of the attorney-client relationship; any side agreements class counsel might have made; any objections by class members; the attorneys' skill and efficiency; the litigation's complexity and duration; the risks of nonrecovery and nonpayment; the amount of time reasonably devoted to the case by counsel (a factor not favored in our circuit); and awards in similar cases. Manual for Complex Litigation (Fourth) § 14.121 (2004). Guides to determining a prevailing market rate include comparable contracts, data from large common-pool cases where fees were privately negotiated, and information on class-counsel auctions. In re Synthroid Marketing Litig., 264 F.3d 712, 719-722 (7th Cir. 2001). I must bear in mind that the greater the fee award, the lower the recovery by each class member. Redman v. RadioShack, 768 F.3d at 629. In evaluating these factors, I have relied on the convincing affidavit of Professor Brian T. Fitzpatrick, as well as the rest of the record in this case.

There have been no objections to the fee request, I have no information that any side agreements are involved, and the attorneys involved as co-lead counsel are very capable and experienced in wage and hour litigation (and they faced very capable and experienced attorneys that FedEx Ground hired). The size of the common fund is $9,325,000 after the third party administrator is paid, and up to 533 class members will share in the recovery.

The named plaintiffs and their attorneys agreed at the outset of the litigation that counsel would be compensated with 40 percent of any recovery.

The duration of the litigation has been far greater than usual - this case is about 9 years old. In part, that duration reflects this case's having been co-mingled with the other cases in the MDL docket - it would have taken a judge in the District of Maryland far less time to resolve class certification issues and summary judgment motions under Maryland law than it took me to decide such things under the laws of 40 or so states - but it also reflects the complexity and risk involved. This class attacked FedEx Ground's business model, which was firmly grounded on the principle of using independent contractors rather than employees. The class members had a lot at stake, as shown by the damages expert's opinion that the class might recover nearly $19 million, if everything broke for the plaintiffs. This was no nuisance suit or likely coupon settlement. A hard battle was predictable from day one.

The attorneys handled this case on a pure contingent fee basis. Whatever investment they made in discovery and briefing of class certification and summary judgment motion was made largely around 2008 - 9 years ago, give or take a year. That's much longer than average for contingent fee attorneys in class actions, according to Professor Fitzpatrick.

The plaintiffs wielded novel statutory and common law theories to establish their employee status. If the plaintiffs' agreements and addenda with FedEx Ground were held to be "prior written authorizations," the statutory damages would be very limited. They faced (and overcame) a challenge in obtaining certification of a statewide class that included drivers with single routes, drivers with multiple routes, drivers who hired others to handle a route, drivers who signed employment contracts and those who signed as corporate entities. So while the plaintiffs' bar generally views wage and hour cases as undesirable, Mr. Westcott and his fellow drivers presented challenges that went well beyond the normal wage and hour case. The risk of non-liability and no compensation was great; these plaintiffs were in the court of appeals trying to reverse a finding of no-liability.

With all of that in their way, class counsel - armed primarily by a new direction in Kansas law and a few federal court of appeals decisions in cases the Panel remanded to transferor courts - achieved a truly remarkable result. FedEx Ground agreed to pay $9.4 million, reflecting close to half of what the plaintiffs thought they could recover if they ran the table.

Professor Fitzpatrick's analysis of recent cases from our circuit - which seems to have a greater preference than other circuits for the percentage-of-the-fund method of valuation - supports a fee award of 30 percent of the fund to be shared by counsel and class members. He reports that the average and median findings of market rate in contingent fee awards in labor and employment cases were 34.3 percent and 33.3 percent. He also noted that the awards he studied addressed only attorney fees and not expenses; co-lead counsel have included expenses within their requests. Plaintiffs' counsel report that expenses incurred in the MDL docket (not just in the Maryland case) exceeded $7,713,000.

In some settings, the prevailing market rate for class counsel depends in part on the expected size of the payout at the end of the litigation. Professor Fitzpatrick concedes that his sample of awards in labor and employment class actions didn't include recoveries in large amounts. In the setting of a securities class action, the court of appeals said "[d]ata show that 27.5% is well above the norm for cases in which $100 million or more changes hands. Eisenberg and Miller find that the mean award from settlements in the $100 to $250 million range is 12% and the median 10.2%." Silverman v. Motorola Solutions, Inc., 739 F.3d 956, 958 (7th Cir. 2013).

The size of this class action settlement is much smaller than the $200 million involved in Silverman v. Motorola Solutions. But it blinks reality to ignore that while this case was settled individually, it's one of 20 that remain on the MDL docket, and the aggregate proposed settlements total more than $200 million, and far more when counting cases that have already been remanded. The remanded California case settled for $226.5 million on its own. See Alexander v. FedEx Ground Package Sys., Inc., No. 05-cv-38, 2016 WL 3351017 (N.D. Cal. June 15, 2016). There's no doubt that much of the discovery behind these cases overlapped, and that co-lead counsel applied a concerted strategy in moving them to settlement. On the other hand, class counsel applied laws specific to Maryland and conducted case-specific discovery. The settlement I am considering at this point only involves the Maryland plaintiffs and fees.

Silverman v. Motorola Solutions doesn't present an apples-to-apples analysis. First, Professor Fitzpatrick points out that securities cases like Silverman v. Motorola Solutions differ from wage and hour litigation in many ways, not least of which that class certification in securities cases is nearly automatic under today's laws. In Westcott v. FedEx Ground, as with all the other cases in this MDL docket, class counsel fought hard to get large classes certified, and (at the time of the settlements) would have seen those certifications revisited in every case in which they prevailed at the court of appeals.

Second, it's not clear that the Silverman v. Motorola Solutions analysis applies, or applies fully, to our case. As already noted, the settlement amount in this case -Westcott v. FedEx Ground - isn't even in the ballpark of what was involved in Silverman v. Motorola Solutions; I have to look at many other cases even to reach the $50 million amount the Silverman court also mentioned.

It's also not clear whether I am expected, or even allowed, to consider the nature of the plaintiffs involved in a case. The plaintiffs in Silverman were investors in Motorola; the class representatives were institutional investors. Silverman v. Motorola, Inc., No. 07-C-4507, 2012 WL 1597388, at *4 (N.D. Ill. May 7, 2012). Institutional investors are likely to be more sophisticated in the market for legal services than the individual drivers in this case, and so likelier to agree at the outset to a tapered fee arrangement rather than a simple percentage-of-the-recovery arrangement.

Third, the class representative in this case agreed that the attorneys would be compensated by 40 percent of any recovery, and the attorneys now seek a smaller percentage. If I am to consider the other settlements in this MDL docket, it seems appropriate to consider as well that many of the named plaintiffs agreed at the outset to pay the attorney 33 percent of any recovery, without limitation as to how much the recovery might be. None of the class representatives in the 20 cases remanded to me have fee agreements for any percentage less than 30 percent.

A lodestar cross-check - inquiring into billable hours and billing rates - isn't encouraged in this circuit, see Williams v. Rohm & Haas Pension Plan, 658 F.3d 629, 638 (7th Cir. 2011); Cook v. Niedert, 142 F.3d 1004, 1013 (7th Cir. 1998), and I'm not undertaking such a cross-check. A very complex examination of time sheets, hourly rates in various markets, and records would be needed to arrive at a true lodestar figure for this case alone. Co-lead counsel report, just in case, that across this litigation (not just this case), co-lead counsel and their firms have devoted more than 149,393 hours, producing an unadjusted collective lodestar fee of $74,540,341 had they billed by the hour. It would take only a modest 1.3 multiplier, co-lead counsel tell me, for the lodestar calculation to match the percentage-of-the-fund calculation across the litigation.

Even identifying the precise amount attributable to work on the cases remaining in the MDL would be difficult. In Alexander v. FedEx Ground, for example, Judge Chen attributed about $12.4 million in lodestar work on the MDL to Alexander. See Alexander v. FedEx Ground, No. 05-cv-38, 2016 WL 3351017, at *3 (N.D. Cal. June 15, 2016). This would need to be subtracted out of co-lead counsel's estimated lodestar figure for the MDL, but the fee award in that case is on appeal and might be adjusted. The fee award is unpaid. Fee awards in other remanded cases total $6,304,893, and I would need to deduct the amount of fees expected to be paid in those that can be attributed to work on cases still in the MDL. I don't have an accurate way to calculate the denominator from which I can then derive a multiplier.

It seems inescapable that there is a significant spillover between the 20 cases remaining in MDL-1700. For example, the appeal/certification/re-argument in the Craig v. FedEx Ground case from Kansas clearly benefitted all of the classes; it was part of the trend in the law that seemed to be shifting away from FedEx Ground's legal position. The depositions co-lead counsel took of FedEx Ground's national officers produced information that applied to all of the cases. But the spillover might be less than it appears at first blush. Substantial discovery surrounded local dispatch terminals, and the lion's share of the briefs on class certification and summary judgment were devoted to the specific laws of the various states.

For me to count up, or assign weight to, the various points I have discussed (effectively transforming them into "factors") would be inconsistent with the law of our circuit. It would be what our court of appeals has called "chopped salad". In Re Synthroid Mktg. Litig., 264 F.3d 712, 719 (7th Cir. 2001). But these are the reasons I conclude that the requested 30 percent (after accounting for the costs of administration) produces a reasonable attorney fee:

1. At the outset of the attorney-client relationship, it would have been plain to the clients and attorneys that this litigation would be hard fought and would take years. FedEx Ground's very business model was at stake, and, if the class was defined broadly, the drivers would have
hundreds of thousands - maybe millions - at stake. The history of this case - what would have been the future at the outset of the relationship - was even worse, with the case being centralized in a multidistrict litigation docket, the extensive discovery already discussed, and a decade of litigation, and no end in sight that would benefit the plaintiffs.

2. Because of the anticipated duration of the case, it also would have been plain to all that the attorneys would have to turn away prospective clients and tie up their own funds for the life of the case.

3. Counsel produced exceptional results in the face of long odds. Maryland law provided no assurance of success, and these plaintiffs were appellants at the time of the settlement. See Redman v. RadioShack, 768 F.3d at 633 ("the central consideration is what class counsel achieved for the members of the class rather than how much effort class counsel invested in the litigation.").

4. The amount of recovery would have been a fraction of what this settlement proposal contains had counsel not persuaded me to certify a class that included drivers with a single work area, drivers with multiple work areas, drivers who contracted with FedEx Ground under a corporate identity, and drivers who simply hired others to cover some of their assigned routes.

5. Of the 20 fee contracts in the cases that remain in MDL-1700, none set a percentage of the recovery less than the 30 percent requested here,
and some set the percentage at one-third of any recovery. The agreement in this case called for 40 percent.

6. There is nothing from which I can infer that unsophisticated (in the market for legal services) clients - when compared with institutional plaintiffs - would request a tapered-fee arrangement.

7. The fee request, unlike those to which it might be compared, includes expenses rather than seeking them separately. While I can't say how much is attributable to the Maryland case as opposed to the others co-lead counsel was handling, the overall total of expenses was $7.7 million.

8. Nobody has objected to co-lead counsel's fee request.

For all of these reasons, I approve, in large part, the proposed settlement agreement's proposed award of attorneys' fees and expenses in the total amount of $2,797,500 (30 percent of the gross settlement amount, less the cost of administration).

IV. SERVICE AWARDS TO CLASS REPRESENTATIVE

Class counsel request a service award of $15,000 to the class representative. They explain that (in addition to the extraordinary duration of their service) the class representative did far more than the average class representative. Reams of records had to be collected, he (like each class representative in the companion cases) sat for a grueling day-long deposition. Class counsel notes that the requested awards are in line with several that have been approved in cases from within this circuit, citing Cook v. Niedert, 142 F.3d at 1016 ($25,000); In re Southwest Airlines Voucher Litig., No. 11 C 8176, 2013 WL 4510197, at *11 (N.D. Ill., Aug. 26, 2013) ($15,000 to 2 plaintiffs); Heekin v. Anthem, Inc., No. 05-cv-1908, 2012 WL 5878032 at *1 (S.D. Ind. Nov. 20, 2012) ($25,000); Am. Int'l Grp., Inc. v. ACE INA Holdings, Inc., No. 07 C 2898, 2012 WL 651727, at *17 (N.D. Ill. Feb. 28, 2012); ($25,000 to each of 7 plaintiffs); Will v. Gen. Dynamics Corp., Civ. No. 06-698, 2010 WL 4818174, at *4 (S.D. Ill. Nov. 22, 2010) ($25,000 to 3 plaintiffs). No objections were directed to this request.

The request for $15,000 service awards for the class representative is just, fair and reasonable.

V. CONCLUSION

Based on the foregoing, the court:

(1) GRANTS the plaintiffs' unopposed motion for final approval of the Maryland class action settlement calling for payment of $9,400,000 to the plaintiffs [Doc. No. 2865].

(2) GRANTS IN PART the plaintiffs' motion for attorney's fees and costs [Doc. No. 2799]; AWARDS class representative Thomas Westcott $15,000 for his services in this case, DIRECTS payment of that amount from the class settlement fund to him, in accordance with the terms of the settlement agreement; and AWARDS plaintiffs' counsel $2,797,500 for their services on this case.

(3) ORDERS that:

A. The parties shall perform, or cause to be performed, the remaining terms of the settlement as set forth in the settlement agreement. The court authorizes the payment by the settlement administrator of the settlement funds in accordance with the terms of the settlement agreement.

B. Prior timely opt-outs on the list maintained by the claims administrator are not included in, or bound by, this order and final judgment. Those timely opt-outs are not entitled to any recovery from the settlement proceeds obtained through this settlement.

C. The court hereby DISMISSES with prejudice this action, specifically including the Released Claims, with each party to bear its own costs and attorney's fees, except as provided below. The court incorporates the Class Action Settlement Agreement [Doc. No. 2642-1] by reference in this order.

As set forth in the Settlement Agreement, "Released Claims" means all claims, actions, causes of action, administrative claims, demands, debts, damages, penalties, costs, interest, attorneys' fees, obligations, judgments, expenses, or liabilities, in law or in equity, whether now known or unknown, contingent or absolute, which: (i) are owned or held by the plaintiffs and class members and/or by their affiliated business entities (if any), or any of them, as against Releasees, or any of them; (ii) arise under any statutory or common law claim which was asserted in this lawsuit or, whether or not asserted, could have been brought arising out of or related to the allegations of misclassification of plaintiffs and class members as independent contractors set forth in the operative complaint; and (iii) pertain to any time in the Release Period. The Released Claims include any known or unknown claims for damages and injunctive relief. The Released Claims include but are not limited to claims under the Maryland Wage Payment and Collection Act, the Declaratory Judgment Act, 28 U.S.C. § 2201, and common law claims for fraud, breach of contract, rescission, unjust enrichment, mutual mistake, or declaratory judgment. The release excludes claims arising under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq. Further definitions of "Released Claims" can be found in Sec. I, para. S of the Settlement Agreement [Doc. No. 2642-1].

"Releasees" means: "(a) [FedEx Ground], and its consolidated subsidiaries, successors, predecessors, assigns, affiliates, parent companies, shareholders, officers, directors, agents, insurers, attorneys, and employees; and (b) [FedEx Ground's] past, present, and future shareholders, officers, directors, agents, employees, attorneys, and insurers." (Settlement Agreement, Sec I, para. T). "Release Period" refers to the time period from May 5, 2003 through May 29, 2010 (the beginning of the ISP model in Maryland). (Settlement Agreement, Sec. I, para. U). [Doc. No. 2642-1].

D. Upon the entry of this order, the plaintiffs and all class members shall be deemed to have fully, finally, and forever released, relinquished, and discharged all Released Claims against all Releasees. "Class members" include "All persons who: 1) entered into a FedEx Ground or FedEx Home Delivery Form Operating Agreement (now known as OP-149 and Form OP-149-RES); 2) drove a vehicle on a full-time basis (meaning exclusive of time off for commonly excused employment absences) from May 5, 2003 through October 15, 2007 to provide package pick-up and delivery services pursuant to the Operating Agreement; and 3) were dispatched out of a terminal in the state of Maryland." [Doc. No. 2642-1]. A list of the class members is attached to this order as Exhibit A. To the extent additional individuals are identified who qualify as class members under the terms of the settlement agreement, they will be bound by this order.

E. Upon the entry of this final approval order, the plaintiff and all class members are barred and enjoined from asserting, filing, maintaining, or prosecuting, or in any way participating in the assertion, filing, maintenance or prosecution, of any action asserting any Released Claim against any of the Releasees, as set forth in and in accordance with the terms of the settlement agreement. Nothing in this order shall in any way impair or restrict the right of the parties to enforce the terms of the settlement.

F. The Parties' agreed upon procedure for disbursement of the $94,000 reserve fund provided for in the Settlement Agreement and the Plaintiffs' Motion for Final Approval [Doc. No. 2865], with such claims to be paid approximately 220 days after checks are issued to pay the claims of persons who fit the class definition but who were not previously identified as members of the plaintiff class according to the settlement formula described in the Settlement Agreement, is APPROVED. FedEx Ground will submit a list containing the names of such persons within 220 days of this order; this list will supplement the class member list attached as Exhibit A and such persons will be bound by this order.

G. The parties' request for appointment of Maryland Legal Aid, 500 E. Lexington Street, Baltimore, MD 21202 to be the cy pres beneficiary is APPROVED.

H. Neither the settlement, nor any act performed or document executed pursuant to or in furtherance of the settlement, is or may be deemed to be or may be used as: (a) an admission of, or evidence of, the validity of any Released Claim or any wrongdoing or liability of any Releasee; (b) an admission or concession by the plaintiff or any class member of any infirmity in the claims asserted in the operative complaint filed in this action; (c) an admission of, or evidence of, any fault or omission of any of the Releasees in any civil, criminal, or administrative proceeding in any court, administrative agency, or other tribunal.

I. The third-party administrator, Rust Consulting, Inc., may retain up to $75,000 as compensation for settlement administration.

J. Without affecting the finality of this judgment in any way, the court retains continuing jurisdiction over: (1) the enforcement of this order and final judgment; (2) the enforcement of the settlement agreement; (3) the distribution of the settlement proceeds to the class members and the cy pres beneficiary; and (4) class counsel's proposed allocation of attorney's fees to plaintiffs' counsel to be submitted to the court.

The clerk of this court is directed to enter judgment accordingly.

SO ORDERED.

ENTERED: April 28, 2017

/s/ Robert L. Miller, Jr.

Judge

United States District Court

Exhibit A: MD Class List


Count

RustID

Contractor Name

Company Name 1

Company Name 2

Company Name 3

1

07000010

DJAELANI, ACHMAD K

2

07000027

DIARRASSOUBA, ADAMA

ADAM EXPRESS INC.

3

07000034

HAYNES, JAHMEL NATHANIEL

4

07000041

AKBAR, ALAWI

5

07000058

WASHINGTON, ALESSANDRO HENRI

6

07000065

WAGNER, ALEX MILES

7

07000072

HENDRICKS, ANDRE

8

07000089

WILLIS, ANDRE

9

07000096

PEREZ, ANDRES ALBERTO

10

07000102

PRATHER, ANNE

11

07000119

CHIARELLA, ANTHONY B

12

07000126

WALKER, ANTHONY CLEVE

13

07000133

SAVOY, ANTHONY MAURICE

14

07000140

SCHOENLEBER, BRIAN

15

07000157

EGBUFOAMA, CAIUS EMEKA

16

07000164

THOMAS, CHAD W.

CHAD THOMAS LLC

THOMAS TRANSPORTATION INC.

17

07000171

LONAS, CHARLES

18

07000188

MOORE, CLEVE D

19

07000195

EKARIUS, CHRIS

CM DELIVERY INC

20

07000201

WEBSTER, CODY S.

PAR DELIVERY INC.

21

07000218

GENTRY JR., CORY L.

22

07000225

ALTIZER, DALE

23

07000232

CRAWFORD, DAREN LEE

24

07000249

JOHNS, DAVID JEROME

25

07000256

MYRICK, DAVID

26

07000263

PRINGLE, DAVID

27

07000270

CHAPMAN SR., DAVID SCOTT

28

07000287

SHRINER, DAVID WAYNE

29

07000294

BOTTS, DANIEL GLENN

DELIVERED INC.

30

07000300

SANCHEZ, JOHN

DELIVERY MAN INC.

31

07000317

ALLEN, DONVILLE

32

07000324

MISS, DOUGLAS

33

07000331

ALLEN, DUANE C.

34

07000348

BUDACZ, DANIEL

DZB ENTERPRISES INC.

35

07000355

RODAS, JOSE ELIAS

E & L TRANSPORTATION INC.

36

07000362

GORDON, ELGIN

GORDON GROUND SERVICE INC.

37

07000379

MIDDLEKAUFF, EMILY REBECCA

38

07000386

GRAYTON, ERIC

39

07000393

LEARY, EVAN RAMSEY

40

07000409

MUNOZ, FRANK MERINO

41

07000416

METZ, GARY P.

42

07000423

TANNER, GARY

43

07000430

DANQUAH, GEORGE

44

07000447

MATOME, GUEVARA

GM TRANS SERVICE INC.

45

07000454

MASSEY, GRADY W.

46

07000461

MARSH, GREGORY ALONZO

47

07000478

HORST, GREGORY GEORGE

Count

RustID

Contractor Name

Company Name 1

Company Name 2

Company Name 3

48

07000485

SCOLLARD, GREGORY

49

07000492

SHANKS, HARVEY

50

07000508

BELL, DARRYL ANTHONY

HB DELIVERY SERVICES LLC

51

07000515

LITTLE, HENRY

52

07000522

KINGUELEWA, FORTUNE YACINTHE

HIDDEN ARROW LLC

53

07000539

LA, KWON HO

54

07000546

OGBOLU, IFEOMA A

55

07000553

BARTUCCA, JAMES

56

07000560

BRASHEAR, JAMES

57

07000577

FIELDS, JAMES

58

07000584

THOMAS, JEFFREY ANTHONY

59

07000591

BRIGGS, JOHN M

60

07000607

DIGGS, JOHN

61

07000614

BODENCAK, JOHN EDWARD

62

07000621

MWANGI, JOHN MUIRU

63

07000638

TOMLINSON, JONATHAN

64

07000645

MEDINA, JORGE

65

07000652

AKINKUOWO, JOSEPH

66

07000669

CARPENTER, ANTONIO

67

07000676

RICHARDSON, BRYAN

68

07000683

BROWN, JASON WESLEY

69

07000690

CURLEY III, JOHN S.

70

07000706

KUHN JR., JAY

71

07000713

VIAMONT, JULIO

72

07000720

BAKARI, JULIUS Y

B & J DELIVERY SERVICES

73

07000737

ROACH, AARON

74

07000744

ARELLANO, ANIBAL RAMIRO

75

07000751

AYALA, ANIBAL ROSA

76

07000768

BURTON, ANTOINE MATHIAS

77

07000775

AUBER, ERNEST

AUBER DISTRIBUTOR INC.

78

07000782

CALDWELL, AUSTIN AARON

79

07000799

BOGGS, ROBERT ALLEN

B2BOGGS ENTERPRISES LLC

B2 BOGGS ENTERPRISES INC.

80

07000805

OGUNDEKO, BABALOLA SAMUEL

81

07000812

WRAY, BRANSON LANE

82

07000829

BROWN, BRUCE WAYNE

JJABEZ ENTERPRISE LLC

83

07000836

PLOWDEN, BRYAN K

84

07000843

CANALES, ELMER A.

CANALES DELIVERY INC

85

07000850

GIBSON, CARLTON

86

07000867

HOLLAND, CHRISTOPHER

CB&A HOLLAND INC

87

07000874

CHAVIS, CJETT DARRYL

88

07000881

AYU, COLIN

89

07000898

MCNEIL, COLONEL

90

07000904

COX, NORMAN

COX & COX CONTRACTING INC

91

07000911

THOMAS, CURBY KENDALL

92

07000928

BROWN, DAVE G

DAVID G. BROWN DELIVERY INC.

93

07000935

RAMADHANI, DAVID

94

07000942

HONG, DENNIS

Count

RustID

Contractor Name

Company Name 1

Company Name 2

Company Name 3

95

07000959

SATTERWHITE, DEVALL W.

96

07000966

WHITE, EDWARD

97

07000973

QUINTANA, ENRICO CABRERA

98

07000980

BAUGHMAN, ERIC

99

07000997

GUEVARA, EUSEBIO ENRIQUE

100

07001000

BREWER, FRANK

101

07001017

SMITH, FRAZIER LAMONT

102

07001024

ELIOPOULOS, GEORGE WILLIAM

103

07001031

YOUNG, GORDON HASWELL

104

07001048

NULL, GREGORY W.

105

07001055

LEKANE, RICHARD

GUARANTEE DEL. EXP. INC.

106

07001062

SAHOUEGNON, GUY

107

07001079

HUANG, HUA HAO

108

07001086

GOE, RICHARD ASAFO-ADJEI

109

07001093

ONOCHIE, IKECHUKWU CHRISTOPHER

EXPRESS DELIVERY SERVICE

110

07001109

LARBI, ISAAC

AMERIPARKING & VALET CO INC

111

07001116

WILLIAMS, JAMES

112

07001123

HULL, JEFFREY

113

07001130

MCKENZIE, JEREMIAH MICHAEL

114

07001147

STEPHENS, JESSIE

115

07001154

RAMSARAN, JEVAN LALL

JLR ENTERPRISES

116

07001161

COLEMAN, JOHN

117

07001178

SANDERS, JOHN D.

118

07001185

LASEK, JOHN ROBERT

119

07001192

WROBEH, JOSEPH

AFJ INCORPORATED

120

07001208

MILLER, KANE J

KANE J MILLER LLC

KANE J. MILLER LLC

KANE J MILLER INC.

121

07001215

ONEILL, KEITH

KAO SERVICES LLC

KAO SERVICES INC

122

07001222

BRACKIN, KEITH

123

07001239

FITZPATRICK, KEITH EUGENE

124

07001246

CARROLL, KELVIN LAMONT

125

07001253

CROSS JR., KENNETH R

126

07001260

PURCHAS, KEVIN ANTHONY

KUM INC.

127

07001277

TAYLOR, KEVIN J

KPV DELIVERY SYSTEMS INC.

128

07001284

HOLDREN, KURT

KHOLD SERVICES INC

129

07001291

OGIDEH, KINGSLEY KELECHI

130

07001307

KISS, STEVEN

KISS DELIVERS INC.

131

07001314

DARGAN, KEVIN

KLK SERVICES INC.

132

07001321

MCILWAIN, KEITH

KMAC ENTERPRISES INC.

133

07001338

ABANKWA, KOFI

134

07001345

KORANTENG, KWESI

135

07001352

KABBA, LANSANA H.

136

07001369

COLBERT, LARRY M.

137

07001376

PERRIGOY, LARVENE ELIZABETH

138

07001383

TOTTY III, LAWRENCE R.

139

07001390

PANTINAKIS, NICK

LET LLC

140

07001406

MARTIN, ALEXIS ALEXANDER

LEXRO LLC

141

07001413

JAMES, LOIS L.

Count

RustID

Contractor Name

Company Name 1

Company Name 2

Company Name 3

142

07001420

DEVER, LORI PAULETTE

143

07001437

BROWN, LUMUMBA

144

07001444

ANTONAKOS, JAMES

MAFISHES INCORPORATION

145

07001451

BRISBANE, MAGNUS

146

07001468

CLOPPER, MATTHEW OWEN

147

07001475

AGOSTINI, MAURICE

148

07001482

ORBACH, MENACHEM

ORBACH LLC

149

07001499

THOMPSON, MICHAEL ALAN

150

07001505

FLANNERY, MICHAEL

151

07001512

FORTUNE, MICHAEL

152

07001529

GILLIS, MICHAEL

153

07001536

HICKS, MICHAEL

154

07001543

HUICI, MICHAEL

155

07001550

JONES, MICHAEL MAURICE

156

07001567

COOK, MICHAEL PAUL

M P COOK INC.

157

07001574

SANDMEIER, MICHAEL

158

07001581

ASPER, MICHELLE

159

07001598

DAHL, MICHELLE

160

07001604

HANNA, MICHELLE RENEE

161

07001611

BANGS, JOHN

MIDDLE ATLANTIC SALES INC.

162

07001628

GILCHRIST, MILTON D.

163

07001635

VUKOV, MITCHELL

164

07001642

PESSU, EYIMOFE

MOFF PARCEL SERVICE INC

165

07001659

ALLEN, MONTGOMERY T.

166

07001666

JALANDONI III, MAXIMINO JALECO

167

07001673

KIEGEMINE, MUDRIKA K.

168

07001680

TRAVERS, NEVAL

169

07001697

VELAZQUEZ, NOEL

170

07001703

KESSLING, NORMAN

171

07001710

AVELAR, OSCAR R.

172

07001727

JAMES, KEVIN O

TEAM K JAMES INCORPORATED

173

07001734

CLEMMER, ROBERT P.

P&D DELIVERY INC.

174

07001741

GRANT, PATRICE M. A.

175

07001758

O'BRIEN, PAUL HENRY

PAUL O'BRIEN INC.

176

07001765

JONES, PERRY

177

07001772

BOEGEL, PETER JOHN

PJB DELIVERIES INC.

178

07001789

ROY, PHILLIP D.

GBU DELIVERY SERVICES INC.

179

07001796

LUNSFORD, RHONDA M.

POTOMAC COURIER SERVICES

180

07001802

POTTER, JAMES

POTTER ENTERPRISES INC.

181

07001819

FLAHERTY, RALPH JOSEPH

182

07001826

HAKIM, RASHAD

183

07001833

HARTLE JR., RAY HENRY

CHM TRUCKING CORPORATION

CHM TRUCKING INC

184

07001840

SOUSSI, REDOUANE

185

07001857

COATES, REGINALD

186

07001864

ISAAC, REGINALD D

J T I INC.

187

07001871

BLAKE, RENWICK

188

07001888

SALOM, RICARDO

LOYALTY SHIPMENT SERVICES INC.

Count

RustID

Contractor Name

Company Name 1

Company Name 2

Company Name 3

189

07001895

MYERS, RICHARD DON

190

07001901

BACOT JR., RICHARD EARL

191

07001918

KOENIG, RICHARD

192

07001925

MURPHY, RICHARD L

193

07001932

BROOMFIELD, RICHARD S

194

07001949

TOPACHO, RICHARD

195

07001956

DULSKI SR., RICKY A.

196

07001963

VENABLE, ROBERT ANTHONY

VENABLE DELIVERY INC.

197

07001970

GUSTON, ROBERT

198

07001987

SMITH, ROBERT K.

199

07001994

STOTTLEMYER, ROBERT LEON

200

07002007

WILSON, ROBERT

201

07002014

CASLOW, RODNEY KENNETH

202

07002021

RAMOS, RODOLFO

RAMOS PACKAGE DELIVERY INC.

203

07002038

ATTAMAH, ROLAND

204

07002045

HAWKINS, RONALD KENNETH

205

07002052

HILTON, RAHMAN

RSH LLC.

EFFICIENT COURIERS INC

206

07002069

SCOTT, RUDYARD KIPLING

207

07002076

FUQUA, RYAN THOMPSON

208

07002083

SPOONER, RYAN MARSHALL

209

07002090

KAMARA, SANTIGIE

210

07002106

CORDWAY, SEAN TIMOTHY

211

07002113

MCCLAIN JR., SHERMAN

212

07002120

SHOVER, ROY LEE

SHOVER INC

213

07002137

SIMON, SHISHNIASHVLI

214

07002144

DANIELS JR., WILBUR LEROY

SLEINAD ENTERPRISES INC.

215

07002151

MAHADEO, NARISH

SMALL TREASURES INC.

216

07002168

VODI, SMITH KWAME OLIVER

217

07002175

AGAFITEIRADU, SORIN TRAIAN

218

07002182

COURTRIER, STEVE

219

07002199

HORANT, STEVE

220

07002205

JANGANO, TENDEKAY

221

07002212

MEAGHER, THEODORE

222

07002229

TURNIPSEED, THOMAS

223

07002236

BLAIR, TIM FRANCIS

224

07002243

BRYANT, TIMOTHY A.

TAB TRUCKING INC.

225

07002250

WOMACK, TIMOTHY JEROME

226

07002267

LATONA, TRACY

227

07002274

PATTON, TYRONE

TYRONE PATTON TRUCKING INC.

228

07002281

HOPWOOD, WALTER

229

07002298

TEEL, WARRACE

230

07002304

WILLS, WELVIN

231

07002311

ROWE, WILLIAM A.

232

07002328

EVANS III, WILLIAM F

233

07002335

IRWIN, WILLIAM

234

07002342

SEWORDOR, WILLIAM KWAKU

SEWORD INCORPORATED

235

07002359

WHEELER, WILLAIM L

ZJK INC

Count

RustID

Contractor Name

Company Name 1

Company Name 2

Company Name 3

236

07002366

BRIGGS JR., WILLIAM PERCELL

237

07002373

STEVENSON, WILLIAM

238

07002380

WHITTAKER, WILLIAM JOSEPH

B.A.L.T. SERVICES INC.

239

07002397

WAFER, DALE ERIC

XPEDITE-IT LLC

240

07002403

BEST, CHRISTINO ZAPATA

C & T EXPRESS DELIVERY SERVICE

241

07002410

BENTLEY, CRAIG

C&C TRANSPORT SYSTEM

242

07002427

BRAXTON, CHARLES

243

07002434

ARMSTRONG, DAVID J.

244

07002441

WINCHESTER, DAVID W.

245

07002458

COLE, DEREK BILL EMSLEY. CHRISTIAN

246

07002465

DILLON, ERIC

247

07002472

JENKINS, GREGORY

248

07002489

OSENI, HAKEEM ABIODUN

249

07002496

PATRICK, RICHARD L.

RAD DELIVERY TEAM, INC

250

07002502

GILLS, JOHN B.

J&P IND. BS. SVCS. INC.

251

07002519

ROJAS, GERARDO J

JAIRUS EXPRESS LLC

R & C EXPRESS SERVICES INC

252

07002526

PAYTON, JAMES E.

253

07002533

BERNADO, JEANYVON

254

07002540

WEBER, JIM

255

07002557

BUCKLEY III, JOHN JOSEPH

JR XPRESS INC

256

07002564

MACKLIN JR., JOHN WENDELL

OUTSOURCE DELIVERY SERVICE INC.

257

07002571

CLARK, JOSHUA

258

07002588

HEW, KIRK ANTHONY

259

07002595

MANSFIELD, MARK D

260

07002601

HAWKINS, MATTHEW J.

261

07002618

MCINTOSH, DERRICK ODELL

MCINTOSH DEL. & TRANS. INC.

262

07002625

MATTEI, NEIL

263

07002632

KOINANGE, NICHOLAS

NIKOAL ENTERPRISES INC

SKYY SYSTEMS INCORPORATED

264

07002649

OBRIEN, SHAUN PAUL

OBRIEN TRANSPORTING INC.

265

07002656

PALCHO, EUGENE S.

PALCHO ENTERPRISES

266

07002663

TAYLOR, PATRICK

267

07002670

KUMCHU, PATRICK VUYUGHO

268

07002687

PEELS, STEPHEN C.

SC PEELS INC.

269

07002694

BIVENS, TRACY ALAN

270

07002700

RICHARDS, VICKIE

271

07002717

ZEVALLOS, VICTOR

272

07002724

BARILL, VINCENT R

273

07002731

CARPENTER, JASON

W S N H INCORPORATED

274

07002748

HOLEMAN, WAYNE

275

07002755

MACOMBER, WILLIAM C.

276

07002762

GOSWICK, WILLIAM J.

277

07002779

OH, YEONG

278

07002786

SENGUEP, YVEVINCENT

279

07002793

ETOUNDI, ALAIN BLAISE

ABE DELIVERY INC.

280

07002809

JAMES, ARTHUR

ARSHA DELIVERY INC.

JACKS N DELIVERY INC

281

07002816

UBAO, ATHUMANI

282

07002823

YANG, BEN

Count

RustID

Contractor Name

Company Name 1

Company Name 2

Company Name 3

283

07002830

MULLI, BENJAMIN

284

07002847

TRENT, BERNARD ANTHONY-JEROME

285

07002854

BITTNER III, RUSSELL E

BITTNER ENTERPRISES INC.

286

07002861

CLUSTER, BRIAN JOSEPH

287

07002878

MEYERS, BRIAN

288

07002885

CAUDILL, MARSHALL K.

CAUDILL ENTERPRISES INC.

289

07002892

GLEE, CHARLES

290

07002908

OKOLI, CHRISTIAN ONYEMA

291

07002915

FOSTER, CHRISTOPHER STEPHEN

292

07002922

HALL, DARRYL A.

DJ & C HALL DELIVERY INC.

293

07002939

WASHINGTON, DEWAYNE ANTHONY

WASHINGTON, DEWAYNE ANTHONY

DSD INC.

294

07002946

DIALLO, SALIOU

EXPRESS DELIVERY SERVICE

DIALLO SERVICES INC.

295

07002953

COLLIER, EDWIN B.

296

07002960

AVILA, EFRAIN

A&A HOME DELIVERIES INC

297

07002977

SALLEY, ELIJAH

EES ENTERPRISES LLC

EES ENTERPRISES INC

298

07002984

BENNETT, GARY

ELITE HOME DELIVERY INC.

299

07002991

MCKELVEY, JOHN

EMERALD DISTRIBUTION CO.

300

07003004

STANLEY, ERIC

301

07003011

JOHNSON, ERNEST

302

07003028

FUSARO, FELIPE SOARES

FMF ENTERPRISES INC

303

07003035

BODDOM, FRANCIS ANING

304

07003042

PORTER, FRANK

305

07003059

ROGERS, FRANKLIN G.

306

07003066

LEWIS, FREDERICK PATRICE

307

07003073

LANEBLAKE, GARY EUGENE

308

07003080

SOHL, GARY

309

07003097

ERISAT, GEORGE HOWARD

AEROMAX LLC

310

07003103

NAMINGONA, GEORGE

311

07003110

NEMBHARD, GERALD G.

312

07003127

PAZ, ITALO

GLOBAL PACKAGES LLC

313

07003134

SMITH, GORDON ROYCE

314

07003141

DYE, GREGORY

315

07003158

VELASCO, HAROLD

316

07003165

OUERDRAOGO, HENRI

317

07003172

LIESKE IV, HENRY EMIL

HENRY E. LIESKE IV INC.

318

07003189

CLAYTON, STANLEY ALLEN

SAC TRUCKING, INC

319

07003196

BRASWELL, JAMES E

BRASWELL TRANSPORT INC

320

07003202

MCNAIR JR., JAMES C.

321

07003219

KANYINGI, JAMES

322

07003226

SERIG, JEFFREY

323

07003233

AMIHERE, JOHN

ALPHA INVESTMENT CLUB

JODELL INCORPORATED

324

07003240

BRIGHT, JOHN

325

07003257

WEIR, JOSEPH LUDWIG

326

07003264

STOKES, JOSEPH

327

07003271

WILLIAMS, JUSTIN

328

07003288

STEVENSON, KARL A

329

07003295

WALL, KEITH JEROME

Count

RustID

Contractor Name

Company Name 1

Company Name 2

Company Name 3

330

07003301

MATIVO, KENNETH N

331

07003318

PARTLOW, KIRK EDWIN

332

07003325

NAHA, LEHAUTYLAIT MICHEL

333

07003332

HARRIS, LENARD

334

07003349

BURGESS, LEO CHARLES

335

07003356

BAER, LORNE

336

07003363

MILIO, LOUIS

RIDE ON TRUCKING INC

337

07003370

RAIDT, MARK

338

07003387

TILLMAN, MARSHALL CHAD

339

07003394

DARBY, MARTIN JAMES

340

07003400

INGRAM, MAURICE P

WILLING INCORPORATED

341

07003417

VALENTINE, MICAHEL E.

342

07003424

ADGER, MICHAEL

343

07003431

CATANGUI, MICHAEL CRUZ

344

07003448

NELSON, MICHAEL KRIETE

NEL-EX

345

07003455

MURPHY, MICHAEL

346

07003462

WANKEL, MICHAEL

347

07003479

POKU, NANA

J N P TRANSPORTATION INC.

348

07003486

DUNLEAVY, NICOLE

349

07003493

BLAND, NORMAN DAWSON

350

07003509

BON, JOSEPH MATTHEW

351

07003516

DIALLO, OUSMANE

352

07003523

GRANT, PERNELL

353

07003530

ANTWI, PRINCE

354

07003547

GBADAMOSI, RAZAQ

355

07003554

LEGETTE, REGINALD

356

07003561

FITZPATRICK, NEIL

RELIABLE DELIVERY INC.

357

07003578

JOHNSON, RICHARD

358

07003585

AFARIMINTA, ROBERT

359

07003592

BRADLEY, ROBERT

360

07003608

JUDD, ROBERT EARL

361

07003615

EASTER, ROGER ALLEN

362

07003622

QUAYE, SAMUEL

363

07003639

YEBOAH, SAMUEL

364

07003646

ANDERSON, SEAN C.

365

07003653

CLINE, SEAN

366

07003660

OBAZUAYE, SEMI O.

SEMOLA SYSTEM INC

COVENANT DELIVERY EXPRESS INC

367

07003677

COLEMAN, SHANNON NICOLE

368

07003684

SMITH, STEPHEN R.

369

07003691

WESCOTT, THOMAS

370

07003707

QUEEN, THURLOW MARCELLUS

371

07003714

CANAVAN, TOM

372

07003721

SOWOLE, TOMMY

373

07003738

HERRERA, TONY

374

07003745

RICHARD, TREVOR

375

07003752

MAYSON, TUAN

376

07003769

JEFFERSON, VASHTI SHERADA

Count

RustID

Contractor Name

Company Name 1

Company Name 2

Company Name 3

377

07003776

DICKERSON, WAYNE

378

07003783

GORDON, JOHN ANTHONY

379

07003790

ZAID, ABDULNUR

380

07003806

TAYLOR, JOHN

AFAB INC.

381

07003813

SHIRLEY, ALAN D

382

07003820

WHITE, ALFAGO D.

383

07003837

ALLNUTT III, JOHN BENJAMIN

ALLNUT DELIVERY AND SUPPORT SERVICES LLC

384

07003844

VAUGHAN, ALVESTER RANDALL

385

07003851

BRYANT, ANDRE

386

07003868

BURT, ANDRE F

387

07003875

DAVIS, ANTHONY

388

07003882

PEAKE, ANTHONY

389

07003899

WELLS, ANTHONY THOMAS

390

07003905

JACOBS, ANTHONY VINCENT

391

07003912

AMEGEE, ATSOU AYAWO SERGE

392

07003929

SJOFJAN, AUDEY YARDLEY ANWAR

393

07003936

NJINJOH, AUGUSTINE NUMBOUSSI

394

07003943

HALE JR., LEWEY BOYD

B. REYNOLDS HALE INC.

395

07003950

JARMON JR., DENARD

BIG BRA TRUCKING INC.

396

07003967

STECKEL, BRADLEY ALLAN

397

07003974

GROFF, BRADY

398

07003981

FRANKLIN, BRENDAN

399

07003998

SHIMER, BRIAN

400

07004001

INGRAM, ANDREW J.

BROCO INC.

401

07004018

GBANE, ABDOU

ABDOU GBANE DBA CHEETAH TRANSPORT

CHEETAH TRANSPORT INC

402

07004025

FRIES, CHRIS

BESTBOYZ INC

403

07004032

BROOKS, CHRISTINA LYNN

404

07004049

CLEVER, CURTIS

CLEVERS DELIVERY SERVICE INC.

405

07004056

BALL, CLIFTON

406

07004063

DARDEN, CORY

407

07004070

JOHNSON, DAMIAN QUAMEY

408

07004087

DEMPSEY, DANIEL

409

07004094

WILLIAMS, DANIEL ANTAL

410

07004100

CHAMBERS, DARIN

411

07004117

WEGNER, DAVID BRYAN

412

07004124

BRAUN, DAVID CHRISTIAN

413

07004131

HANSSON, DEANNA

414

07004148

SALES JR., DELFIN G

415

07004155

YANG, DEREK QINGGUAN

416

07004162

HAWES, DERRICK ANTHONY

417

07004179

EATON, DONNIE ALLEN

418

07004186

DANIELS, DORA

419

07004193

SWISHER, DOUG

420

07004209

BRUNCLIK, DOUGLAS ROBERT

421

07004216

CULLUM, DWAYNE LYNDELL

422

07004223

JOHNSON, ERIC

EJ DELIVERY SERVICE INC

423

07004230

SEY, FRANKLIN K

Count

RustID

Contractor Name

Company Name 1

Company Name 2

Company Name 3

424

07004247

GELDMACHER, MATTHEW S.

GELDMACHER TRUCKING LLC

DEFEX INC

425

07004254

GEORGE, GERWIN LAWRENCE

426

07004261

ARMSTRONG, CHRISTOPHER

GET IT TO YOU LLC

GET IT TO YOU INC.

427

07004278

OIKERHE, JACK ANDREW GOODWILL

GOLDEN EXPRESS

428

07004285

STEVENSON, JOHN T

JAE ENTERPRISES LLC

429

07004292

JACKSON, JAMES

430

07004308

BEELER, JASON

431

07004315

WALTON, ROBERT JASON

JWALS ENTERPRISE INC.

432

07004322

BYDUME, DEWAYNE

JAY COURT INC

433

07004339

BROWN, SCOTT M

JDS DELIVERIES INC

434

07004346

PREVOST, JEFFREY

435

07004353

WANG, JIMMY

PILOT INTERNATIONAL INC.

3 G TRANSPORTATION INC.

436

07004360

MENE, JOSEPH ORITSEMINOMI

437

07004377

CUSH, JOHN J.

438

07004384

MEIERS, JOHN M.

439

07004391

GAY III, ROBERT FREDERICK

JOHNNY'S WILD HONEY INC.

440

07004407

WADE, JOSEPH

441

07004414

ALLEN, JOSEPH WARDELL

442

07004421

HENDERSON, KEVIN

443

07004438

MCFADDEN, KIP DARELL

444

07004445

DAMPSON, KWESI AMU

445

07004452

MUIR, LARRY

L&L TRUCKING INC.

446

07004469

JONES, LARON JAVAR

447

07004476

RAVENELL JR., LARRY DEAN

448

07004483

WHESTONE, JAY

LIGHTENING TRANSPORT INC

449

07004490

PETERSON, LUCIUS PLAYER

450

07004506

BLAGBURN, LYNN ANTHONY

451

07004513

AMIWERO, MARTINS O

452

07004520

BEAVERS, MATTHEW

453

07004537

DAODU, MICHAEL

454

07004544

CCHALMERS, MICHAEL DIMETRE

DIMYTRUIS 69 DELIVERY SERVICE LLC

455

07004551

WHALEY, MICHAEL SCOTT

456

07004568

BOATENG, NANA KWAME

SMART DELIVERY INC

457

07004575

AJOSE, OLABISI OLAKUNLE

458

07004582

ADETUNJI, OMOTOSHO

459

07004599

VARGAS, PEDRO

PEDRO SV INCORPORATED

460

07004605

WRIGHT, PHIL

461

07004612

BRADLEY III, RALPH CARMELLO

462

07004629

STEVENS, RENARD

463

07004636

BARRON, ROBERT JOHN

464

07004643

PRICE, RONALD E.

465

07004650

LINTHICUM, RONALD EUGENE

466

07004667

HALL, RONALD K

467

07004674

MCKAIN, RONALD

468

07004681

BABANI, SABIR

469

07004698

THIELMAN, DANIEL L.

SANDY FEET INC

470

07004704

BROHIRI, SEVERIN

Count

RustID

Contractor Name

Company Name 1

Company Name 2

Company Name 3

471

07004711

MAJEDI, SEYED A

472

07004728

MOORE SR., SHAH SHARRIEFF

473

07004735

SHAZOR, CARL

SHAZOR ENTERPRISES LLC

SHAZOR CORPORATION

474

07004742

LEGGETT, STEPHEN HENRY

475

07004759

CONNER, STEVE

476

07004766

COONEY, STEVEN B.

477

07004773

SONNON, STEVE

478

07004780

JONES, MARK S.

TEAM RPS INC.

479

07004797

DAVIS SR., DEWAYNE

TRIPLE D TRUCKING CO. LLC

480

07004803

BOX, TYRONE

481

07004810

SHORTER, VALERIE AMELIA

482

07004827

BRISCOE, WESLEY

483

07004834

TEKIE, YISHAK

484

07004841

ZURKAN, NICHOLAS T.

Z-MAN EXPRESS INCORPORATED

485

07004858

MCAFEE, DAVID

D&G EXPRESS LLC

486

07004865

FRANCIS, EARL JR

EARL B INCORPORATED

487

07004872

FREY, SCOTT ERIC

J & S LINEHAUL INC.

488

07004889

BARTLE, JAYE MILTON

KINGDOM TRUCKING INC.

KINGDOM TRUCKING, INC

489

07004896

BROWN, SCOTT M

JDS DELIVERIES INC

490

07004902

CURTIS SR., JAMES A

491

07004919

CULLOM, ANTOINE LAMOND

COMPLETE PACKAGE

492

07004926

RUSSELL, MILTON

M&B ENTERPRISES LLC

493

07004933

MACDONALD, MARK CAREY

MACDONALD DELIVERY INC.

494

07004940

CISSE, OUSMANE

OURANI INC.

495

07004957

HEALEY, PHILIP A.

496

07004964

ANDREWS, ROBERT C.

497

07004971

WALDEN, BARON V.

498

07004988

BARNHART, ROBERT EUGENE

R.E.B. ENTERPRISES INC.

R E B ENTERPRISES INC

499

07004995

DOCKERY, STEVE DONALD

500

07005008

COULIBALY, TIEBA

501

07005015

CAMPBELL, BRIAN

502

07005022

O'BRIEN, CRAIG

COB ENTERPRISES INC.

503

07005039

KIBUNJA, CYRUS

504

07005046

DAVIS, RONALD LEE

505

07005053

GILLETTE, JOHN MICHAEL

506

07005060

MONAGHAN, SHAWN

507

07005077

MIDDLETON, BRIAN

BRICA INC.

508

07005084

HARRIS, WALLACE

A&B MANAGEMENT INC.

509

07005091

KARUGA, NICHOLAS

510

07005107

DUNCAN, VICENTE A

VINCENTE DUNCANS TRANSPORTATION INC.

511

07005114

HAGLER, LEWIS

512

07005121

BONDZIE, KWESI A

MARANATHA GROUP INC

513

07005138

BONDZIE, KWESI A

MARANATHA GROUP INC

514

07005145

REULING, JOHN

515

07005152

JOSON, FRANCISCOJR GARCIA

SANJO INC.

516

07005169

WATKINS, MICHAEL OLIVER

517

07005176

CHESSON, DEMOND

Count

RustID

Contractor Name

Company Name 1

Company Name 2

Company Name 3

518

07005183

MHINA, STEPHANO J.

519

07005190

HOWARD, JAMES

KINGSTON J ENTERPRISES INC.

520

07005206

BAKER, EDDIE ISAIAH

521

07005213

MAZONGE, CARTIAS EDWARD

522

07005220

ROEBUCK, KELVIN

523

07005237

BOND, THOMAS

524

07005244

DAVIS, RONALD LEE

525

07005251

SLAGLE JR., KENNETH S.

SLAGLE ENTERPRISES

526

07005268

HOLMES, VINCENT

527

07005275

PORTER, AL

528

07005282

PAYNE II, WILLIAM GEORGE

529

07005299

BROWN JR., ROBERT LOUIS

530

07005305

SIMPSON, ROBERT K.

531

07005312

ESPIRITU JR., LAMBERTO RAMOS

532

07005329

HUFFMAN, BRET ASHLEY

533

07005336

JOE, VINCENT


Summaries of

Westcott v. FedEx Ground Package Sys., Inc. (In re FedEx Ground Package Sys., Inc.)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION
Apr 28, 2017
Case No. 3:05-MD-527 RLM (N.D. Ind. Apr. 28, 2017)
Case details for

Westcott v. FedEx Ground Package Sys., Inc. (In re FedEx Ground Package Sys., Inc.)

Case Details

Full title:In re FEDEX GROUND PACKAGE SYSTEM, INC., EMPLOYMENT PRACTICES LITIGATION…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION

Date published: Apr 28, 2017

Citations

Case No. 3:05-MD-527 RLM (N.D. Ind. Apr. 28, 2017)