USDC IN/ND case 3:05-md RLM-CAN document 2522 filed 03/22/11 page 1 of 5

Similar documents
USDC IN/ND case 3:05-md RLM-CAN document 2030 filed 04/21/10 page 1 of 6

USDC IN/ND case 3:05-md RLM-CAN document 2672 filed 06/15/16 page 1 of 19

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

WHAT THIS NOTICE CONTAINS

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: WHAT THIS NOTICE CONTAINS

Case 3:05-cv HZ Document 93 Filed 04/01/16 Page 1 of 27 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION

Case 3:15-md CRB Document 4700 Filed 01/29/18 Page 1 of 5

NOTICE OF CLASS ACTION SETTLEMENT UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION

case 4:12-cv RLM-APR document 10 filed 02/27/12 page 1 of 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA LAFAYETTE DIVISION

case 3:09-cv RLM -CAN document 34 filed 12/13/10 page 1 of 182 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION

IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

USDC IN/ND case 3:07-cv RLM-MGG document 151 filed 04/28/17 page 1 of 39

USDC IN/ND case 3:07-cv RLM-MGG document 146 filed 04/28/17 page 1 of 40

USDC IN/ND case 3:05-md RLM-MGG document 2132 filed 09/10/10 page 1 of 24

December 31, 2014 FILED UNITED STATES COURT OF APPEALS TENTH CIRCUIT

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION

Terance Healy v. Attorney General Pennsylvania

USDC IN/ND case 2:16-cv JVB-JEM document 62 filed 04/05/18 page 1 of 12

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 4:04-cv CLS-HGD Document 203 Filed 08/06/2008 Page 1 of 5 THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 101,189. TYRON BYRD, Appellee, KANSAS DEPARTMENT OF REVENUE, Appellant. SYLLABUS BY THE COURT

MEMORANDUM JUDGES SERVING AS ARBITRATORS AND MEDIATORS

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION

Case: 1:15-cv Document #: 127 Filed: 03/06/17 Page 1 of 10 PageID #:2172

Case 1:09-cv PAC Document 159 Filed 07/13/15 Page 1 of 3 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK ) ) ) ) ) )

Case 3:17-cv L Document 23 Filed 11/27/17 Page 1 of 6 PageID 151 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) Judge Carr

United States Court of Appeals FIFTH CIRCUIT OFFICE OF THE CLERK TEL S. MAESTRI PLACE NEW ORLEANS, LA 70130

UNITED STATES COURT OF APPEALS

Case Doc 434 Filed 09/08/14 Entered 09/08/14 15:29:08 Desc Main Document Page 1 of 4 UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS

USDC IN/ND case 2:18-cv JVB-JEM document 1 filed 04/26/18 page 1 of 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case: Document: 16 Filed: 12/02/2016 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. Filed: December 02, 2016

Case: 1:18-cv Document #: 1 Filed: 06/19/18 Page 1 of 8 PageID #:1

case 3:05-md RLM-CAN document 88 filed 01/09/2006 page 1 of 19 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 1:15-cv IMK Document 8 Filed 07/21/15 Page 1 of 12 PageID #: 137

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

Case: Document: 6 Filed: 11/03/2016 Pages: 6 UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. No ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JUDGMENT. ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the

IN RE: OIL SPILL BY THE OIL RIG MDL NO DEEPWATER HORIZON IN THE GULF OF MEXICO ON APRIL 20, 2010 SECTION J

Case 3:16-md VC Document 1461 Filed 05/18/18 Page 1 of 3

United States Court of Appeals for the Federal Circuit

Case 1:07-cv WDM-CBS Document 40 Filed 08/22/2007 Page 1 of 1

Case 3:17-cv SLG Document 10 Filed 06/09/17 Page 1 of 3

No United States Court of Appeals for the Ninth Circuit

Smith v. RJM Acquisitions Funding, LLC Doc. 35 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

Case jal Doc 133 Filed 04/11/17 Entered 04/11/17 12:17:09 Page 1 of 8 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF KENTUCKY

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION. Plaintiffs,

COMPETENCY, ETHICS, AND MORALITY

FREDERICKA HOMBERG WICKER JUDGE

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No (L) (1:13-cv TDS-JEP)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION. Plaintiffs, Civil Action No CV-159 v.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

) ) ) ) ) ) ) NOTICE OF CLASS ACTION SETTLEMENT PLEASE READ THIS NOTICE CAREFULLY. A FEDERAL COURT AUTHORIZED THIS NOTICE. THIS IS NOT A SOLICITATION.

In The Supreme Court of the United States

If you have questions, please or call

Case 3:14-cv EMC Document 138 Filed 08/09/17 Page 1 of 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case 4:16-cv ALM Document 8 Filed 10/17/16 Page 1 of 5 PageID #: 770

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON Assigned On Brief February 28, 2005

Dean Schomburg;v. Dow Jones & Co Inc

Case 4:04-cv RAS Document 41 Filed 12/09/2004 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

Case 1:16-cv Document 3 Filed 02/05/16 Page 1 of 66 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ) ) )

BYLAWS OF THE INTERNATIONAL FUEL TAX ASSOCIATION, INC.

JONES DAY COMMENTARY

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. v. Civil Action No. 3:14-CV-2689-N ORDER

IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSYLVANIA CIVIL ACTION

Case: 1:17-cv JG Doc #: 87 Filed: 01/11/19 1 of 5. PageID #: 1056 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

PlainSite. Legal Document

The Electoral College And

Case 3:12-cv L-BH Document 43 Filed 04/29/14 Page 1 of 8 PageID 611

Case 6:14-cv GAP-TBS Document 146 Filed 03/12/15 Page 1 of 7 PageID 1078

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON September 16, 2008 Session

Case 1:06-cv SPM-AK Document 14 Filed 07/05/2006 Page 1 of 11

Case 1:13-cv MSK-MJW Document 3 Filed 05/17/13 USDC Colorado Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

n a t i o n a l IMMIGRATION p r o j e c t of the national lawyers guild

NOTICE OF MOTION FOR RECONSIDERATION. PLEASE TAKE NOTICE that Plaintiff, Martha J. Toy, by her attorney, William B.

Case 1:14-cv Document 183 Filed in TXSD on 03/05/15 Page 1 of 11

Case 1:13-cv KBJ Document 46 Filed 03/20/17 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

COMMISSIONERS RECORD 49 FRANKLIN COUNTY Commissioners Proceeding for December 15, 2008

Case 2:10-md CJB-SS Document Filed 10/18/13 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. v. Case No. 8:17-cv-996-T-33MAP ORDER

No IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. CLEAN AIR COUNCIL, et al.,

Case M:06-cv VRW Document 613 Filed 05/07/2009 Page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Domingo Colon-Montanez v. Richard Keller

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK 6:12-CV-1698 (NAM/DEP)

It appearing that the civil actions listed on Schedule A, attached hereto -- which were

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. No COWBOY ATHLETICS INCORPORATED; T. BOONE PICKENS,

Case 2:11-cv JTM-JCW Document 379 Filed 10/08/12 Page 1 of 3 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA

Case 1:15-cv RM-KMT Document 68 Filed 06/25/18 USDC Colorado Page 1 of 6

Case 4:12-cv Y Document 96 Filed 02/28/14 Page 1 of 9 PageID 717

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA Pensacola Division. Case No.: 3:10-cv-91-RV/EMT

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Case: 3:13-cv JZ Doc #: 1 Filed: 08/09/13 1 of 12. PageID #: 1

Transcription:

USDC IN/ND case 3:05-md-00527-RLM-CAN document 2522 filed 03/22/11 page 1 of 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION ) In re FEDEX GROUND PACKAGE ) CAUSE NO. 3:05-MD-527 RM SYSTEM, INC., EMPLOYMENT ) (MDL-1700) PRACTICES LITIGATION ) ----------------------------------------------- ) THIS DOCUMENT RELATES TO: ) ) 3:05-CV-530 (Craig - Kansas) ) 3:08-CV-193 (Boudreaux - Louisiana) ) 3:05-CV-595 (Tofaute - New Jersey) ) 3:08-CV-336 (Kelly - Ohio) ) 3:05-CV-540 (Humphreys - Texas) ) ) ORDER The plaintiffs having no objection, the court hereby GRANTS FedEx Ground's motion to reconsider [Doc. No. 2511] portions of the court's February 18, 2011 Order regarding clerical errors in the judgments [Doc. No. 2507]. I. INDICATIVE RULING IN CRAIG, BOUDREAUX, AND TOFAUTE In its February 18 Order, this court indicated to the court of appeals that if certain MDL member cases were remanded because of errors in the judgments this court would amend the judgments in these MDL member cases to include the class definitions approved by this court when granting class certifications in these cases, as listed in the Appendix to the February 18 Order. The Appendix to the February 18 Order is hereby AMENDED with respect to the following three cases, to fully reflect the class definitions and sub-class definitions approved by this court: A. 3:05-CV-530 (Craig - Kansas)

USDC IN/ND case 3:05-md-00527-RLM-CAN document 2522 filed 03/22/11 page 2 of 5 Kansas class definition: OP-149 RES); 2) drove or will drive a vehicle on a fulltime basis (meaning exclusive of time off for commonly excused employment absences) since February 11, 1998, 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 Kansas. ERISA class definition: OP-149 RES); 2) drove or will drive a vehicle on a full-time basis (meaning exclusive of time off for commonly excused employment absences) during the class period to provide package pick-up and delivery services pursuant to the Operating Agreement; and 3) were eligible for ERISA plan benefits, absent their mischaracterization as independent contractors. B. 3:08-CV-193 (Boudreaux - Louisiana) Class definition: All persons who, at any time after February 8, 2002, entered into a FXG Ground or FXG Home Delivery form Operating Agreement (now known as form OP-149 and form OP-149 RES) and drove a vehicle on a full-time basis (meaning exclusive of time off for commonly excused employment absences) to provide package pick-up and delivery services in Louisiana pursuant to that Operating Agreement. Non-damages class definition: All persons who have since February 8, 2002, entered, or will enter, into a FXG Ground or FXG Home Delivery form Operating Agreement (now known as Form OP-149 2

USDC IN/ND case 3:05-md-00527-RLM-CAN document 2522 filed 03/22/11 page 3 of 5 and form OP-149 RES) and currently drive, or will drive, a vehicle on a full-time basis (meaning exclusive of time off for commonly excused employment absences) to provide package pick-up and delivery services pursuant to that Operating Agreement. Sub-class definition: All persons who, at any time after February 8, 2002, entered into a FXG Ground or FXG Home Delivery form Operating Agreement (now known as form OP-149 and form OP-149 RES), drove a vehicle on a full-time basis (meaning exclusive of time off for commonly excused employment absences) to provide package pick-up and delivery services in Louisiana pursuant to that Operating Agreement, and have been discharged or resigned from FXG. C. 3:05-CV-595 (Tofaute - New Jersey) Class definition: OP-149 RES); 2) drove or will drive a vehicle on a full-time basis (meaning exclusive of time off for commonly excused employment absences) since May 19, 1999, to provide package pickup and delivery services pursuant to the Operating Agreement; and 3) were dispatched out of a terminal in the state of New Jersey. Sub-class definition: All persons who: 1) entered into an FedEx Ground or FedEx Home Delivery Form Operating Agreement (now known as OP-149 and Form OP-149-RES) for the first time during the period from May 19, 1999 through October 15, 2007; 2) drove a vehicle on a fulltime basis (meaning exclusive of time off for commonly excused employment absences) from May 19, 1999 through October 15, 2007 to provide package pick-up and delivery services pursuant to the Operating Agreement; 3

USDC IN/ND case 3:05-md-00527-RLM-CAN document 2522 filed 03/22/11 page 4 of 5 and 3) were dispatched out of a terminal in the state of New Jersey. II. CORRECTED JUDGMENTS IN HUMPHREYS AND KELLY Because FedEx Ground timely moved under Federal Rule of Civil Procedure 60(a) to correct the judgments in Humphreys and Kelly (see Doc. No. 2487), this court retains jurisdiction over these two cases, despite plaintiffs' notices of appeal. Fed. R. App. P. 4(a)(4)(A)(vi), 4(a)(4) (B)(i). The court therefore RECONSIDERS the portion of its February 18 Order that construed FedEx Ground's Rule 60(a) motion as a motion for an indicative ruling under Rule 62.1(a). The court hereby GRANTS FedEx Ground's Rule 60(a) motion (Doc. No. 2487) and DIRECTS the Clerk to correct the judgments as follows: A. 3:05-CV-540 (Humphreys - Texas) The Humphreys judgment (Doc. No. 2482) shall be corrected to list only the Humphreys named plaintiffs (John Humphreys, David Meredith, Jeffrey Quebe, Niles Pinkham, Charles Campbell, and Tim Mershon) and the Humphreys case number (3:05-CV-540); the judgment shall not list the Kelly named plaintiffs or the Kelly case number. The Humphreys judgment shall also be corrected to list the following class definition approved by the court when granting class certification: Ground or FXG Home Delivery form Operating Agreement (now known as form OP-149 and form OP-149 RES); 2) drove or will drive a vehicle on a full-time basis (meaning exclusive of time off for commonly excused employment absences) since March 6, 2001, to provide package pickup and delivery services 4

USDC IN/ND case 3:05-md-00527-RLM-CAN document 2522 filed 03/22/11 page 5 of 5 pursuant to the Operating Agreement; and 3) were dispatched out of a terminal in the state of Texas. B. 3:08-CV-336 (Kelly - Ohio) The Kelly judgment [Doc. No. 2481] shall be corrected to list only the Kelly named plaintiffs (Paul Kelly, Dean Johnson, Thomas Wenzlick, Kenneth R. Miner, Adelbert Lawrence, Russell Jackson, and Robert Velo) and the Kelly case number (3:08-CV-336); the judgment shall not list the Humphreys named plaintiffs or the Humphreys case number. The Kelly judgment shall also be corrected to list the following class definition approved by the court when granting class certification: Ground or FXG Home Delivery form Operating Agreement (now known as form OP-149 and form OP-149-RES) and/or provide or will provide package pick-up and delivery services pursuant to an executed Operating Agreement; 2) drove or will drive a vehicle on a full-time basis (meaning exclusive of time off for commonly excused employment absences) since May 15, 2002 to provide package pick-up and delivery services pursuant to the Operating Agreement; and 3) were dispatched out of terminal in the state of Ohio. SO ORDERED. ENTERED: March 22, 2011 /s/ Robert L. Miller, Jr. Judge United States District Court 5