Case 4:08-cv JSW Document 250 Filed 05/25/16 Page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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1 Case :0-cv-00-JSW Document 0 Filed 0// Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MORRIS BICKLEY, et al., Plaintiffs, v. SCHNEIDER NATIONAL, INC., et al., Defendants. Case No. 0-cv-00-JSW ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT Re: Dkt. Nos., 0 Now before the Court is Plaintiffs Motion for Preliminary Approval of Class Action Settlement. The Court has considered the parties papers, relevant legal authority, and the record in this case, and the Court hereby GRANTS the Motion for Preliminary Approval. The parties shall take notice that this order is not identical to the revised proposed order submitted on May, 0, and shall carefully review and comply with the provisions of this order. WHEREAS, Representative Plaintiffs Morris Bickley, Michael D. Patton, Raymond Grewe, Dennis VanHorn, and Douglas Pumroy ( Plaintiffs ), on behalf of themselves and on behalf of the proposed settlement class (the Settlement Class ), and Defendant Schneider National Carriers, Inc. ( Defendant ) have agreed, subject to Court approval, to settle the abovecaptioned litigation (the Action ) upon the terms set forth in the Class Action Settlement Agreement (the Settlement Agreement ); WHEREAS, this Court has reviewed and considered the Settlement Agreement entered into among the parties, attached as Exhibit to the Saltzman declaration in support of the motion for preliminary approval, the record in this case, and the briefs and arguments of counsel, and supporting exhibits; WHEREAS, Plaintiffs have applied for an order granting preliminary approval of the

2 Case :0-cv-00-JSW Document 0 Filed 0// Page of 0 Settlement Agreement; WHEREAS, this Court has previously ruled that the matter was appropriate for class action certification (Docket No. ); WHEREAS, all defined terms contained herein shall have the same meanings as set forth in the Settlement Agreement; NOW, THEREFORE, IT IS HEREBY ORDERED:. The Court does hereby preliminarily approve the Settlement Agreement and the settlement set forth therein, subject to further consideration at the final fairness hearing described below.. A final approval hearing (the Fairness Hearing ) shall be held before this Court on October, 0, at :00 a.m., in Courtroom, nd Floor, at the, located at Clay Street, Oakland, California, to determine whether the proposed settlement of the Action on the terms and conditions provided for in the Settlement Agreement is fair, reasonable and adequate to the Settlement Class and should be approved by the Court; whether a final judgment should be entered herein; and to determine the amount of fees and expenses that should be awarded to Plaintiffs Counsel, and any enhancement awards to be awarded to the class representatives. Any class member may appear at the Fairness Hearing to be heard on any of these determinations, regardless of whether the class member has previously filed written objections. The Court may change the day of the Fairness Hearing without further notice to the members of the Settlement Class.. Pursuant to Rule of the Federal Rules of Civil Procedure, the Court has previously certified the following class and subclasses, which have been incorporated into the Settlement Agreement verbatim, with the only exception being to change the end date for the class from to the present, as was included in the Certification Order, to the date of this Court s Order granting Preliminary Approval. Accordingly the class and subclasses that are hereby conditionally approved by this Court for purposes of the mailing of the Settlement Notice are as follows: All current and former California-based employees of Schneider National Carriers, Inc., at any time from November, 00 to May, 0 (the Class Period ), employed in

3 Case :0-cv-00-JSW Document 0 Filed 0// Page of 0 one of the following three types of truck driver positions: (a) Intermodal Drivers; (b) Dedicated Drivers; or (c) Regional Drivers. California-based refers to employees: (i) who had a residential address in California at any time during the Class Period; and/or (ii) who were assigned to or associated with an operating center or operating point located in California at any time during the Class Period. The phrase assigned to or associated with an operating center or operating point includes any and all employees listed in Schneider s databases in connection with an operating center or point. The Sub-classes consist of: A. The Dedicated Subclass, which is defined as all Defendants current and former California-based, local and regional Dedicated Drivers (i.e., the Dedicated Subclass); B. The Former Dedicated Subclass, which is defined as all Dedicated Drivers who are no longer employed by Defendants herein; C. The Intermodal Subclass, which is defined as Defendants current and former California-based, local and regional Intermodal Drivers (i.e., the Intermodal Subclass); D. The Former Intermodal Subclass, which is defined as all Dedicated Drivers who are no longer employed by Defendants herein; E. The Regional Subclass, which is defined as all Defendant s current and former California based Regional Drivers (i.e., the Regional Subclass); F. The Former Regional Subclass, which is defined as all Regional Drivers who are no longer employed by Defendant herein. The Regional Subclass and Former Regional Subclass are further limited to truck drivers: (i) who had a residential address in California at any time during the Class Period; and (ii) who worked in Schneider s Van/Truckload division; and (iii) who worked in Schneider s western regional services group (i.e., drivers in Schneider s W work configuration); and (iv) who were assigned to or associated with Schneider s French Camp operating center or Schneider s Fontana operating center.

4 Case :0-cv-00-JSW Document 0 Filed 0// Page of 0 Excluded from the Settlement Class/Sub-classes is any person who submits a valid and timely request for exclusion as described in Paragraph, below.. The Court approves, as to form and content, the revised notice of the proposed settlement agreement ( Settlement Notice ), attached to this Order as Exhibit A, subject to the provisions of Paragraph of this order. The Court further finds that the regular mailing of the Settlement Notice to Class Members according to the contact information provided by Schneider National Carriers, Inc. substantially meets the requirements of Federal Rule of Civil Procedure and due process, is the best notice practicable under the circumstances, and shall constitute due and sufficient notice to all persons entitled thereto.. The Court confirms and appoints CPT Group, Inc. as the Settlement Administrator, to supervise and administer the notice procedure, as more fully set forth in the Settlement Agreement and the Settlement Notice. The Settlement Administrator shall cause the Settlement Notice to be mailed by no later than July, 0 (the Notice Date ) to Settlement Class Members at addresses to be obtained by the Settlement Administrator through Schneider National Carriers, Inc.. Prior to the mailing of the Settlement Notice approved above, the Settlement Administrator is ordered to accurately complete all the blanks in the approved Settlement Notice (all dates and any other matters incomplete as of the date of this Order) according to the terms of this Order. The Settlement Administrator is also required to make the clerical change to Paragraph II(D) of the Settlement Notice that is marked as an edit on Exhibit A, namely, replacing Section C below with Section III(C) below.. Any person who desires to request exclusion from the Settlement Class shall do so by August, 0 (the Exclusion Date ), in conformance with the provisions of the Settlement Notice as approved above.. Class Counsel shall file their motion for attorney fees, costs, and enhancement awards, and all supporting documentation and papers, not later than July, 0.. Class Counsel may file a written response to any objections to the Settlement Agreement, or to the application for attorneys fees, reimbursement of expenses, and Class

5 Case :0-cv-00-JSW Document 0 Filed 0// Page of 0 Representative enhancement awards, no later than days before the Fairness Hearing.. At the Final Approval Hearing, Class Counsel shall provide the Court with any updated information available as of that date concerning any requests for exclusion received from the Class, any objections received from the Class, or any other communications received in response to the Settlement Notice.. At or after the Fairness Hearing, the Court shall determine whether the Settlement Agreement, any application for attorney s fees and expenses, and any enhancement awards shall be approved.. All reasonable expenses incurred in identifying and notifying members of the Settlement Class shall be paid as set forth in the Settlement Agreement.. Neither the Settlement Agreement, nor any of its terms or provisions, nor any of the negotiations or proceedings connected with it, shall be construed as an admission or concession by Plaintiffs or Defendant, respectively, of the truth or falsity of any of the allegations in the Action, or of any liability, fault or wrongdoing of any kind.. The Court adopts the following schedule proposed by the parties: Defendant provides updated Class List to Administrator: June 0, 0 Defendant notifies counsel if % buffer triggered: June 0, 0 Notice of settlement and notice of anticipated share of settlement mailed: July, 0 Deadline to file motion for attorney s fees, costs, and enhancement award: July, 0 Deadline to opt out, file written objections, and/or challenge calculation of workweeks: August, 0 Deadline for Defendant to rescind settlement agreement based on opt-outs: August, 0 Deadline to file motion for final approval: August, 0 Final approval hearing: October, 0, at :00 a.m.. The Court reserves the right to adjourn, continue or otherwise change the date of

6 Case :0-cv-00-JSW Document 0 Filed 0// Page of the Fairness Hearing without further notice to the members of the Settlement Class, and retains jurisdiction to consider all further applications arising out of orr connected with the proposed Settlement Agreement. The members of the Settlement Class are advised to confirm the date of the final approval hearing as set forth in Paragraphh VI() of the Settlementt Notice. The Court mayy approve the Settlement Agreement, with such modifications ass may be agreed to by the settling parties, if appropriate, without further notice to thee Final Settlement Class. IT IS SO ORDERED. Dated: May, 0 JEFFREY S. WHITE United States District Judge 0