IN THE CIRCUIT COURT OF ST. CLAIR COUNTY THE TWENTIETH JUDICIAL CIRCUIT STATE OF ILLINOIS

IN THE CIRCUIT COURT OF ST. CLAIR COUNTY THE TWENTIETH JUDICIAL CIRCUIT STATE OF ILLINOIS JOHN STELL and CHARLES WILLIAMS, ) JR., on behalf of themselves individually ) and as class representatives on behalf of ) similarly situated employees, ) ) Plaintiffs, ) ) v. ) Case No. 15-L-488 ) GIBCO MOTOR EXPRESS, LLC, ) ) Defendant. ) NOTICE OF CLASS ACTION SETTLEMENT AND HEARING YOU MAY BE ENTITLED TO BENEFITS FROM THIS SETTLEMENT As your rights may be affected, it is extremely important that you read this Notice carefully. I. WHY DID I GET THIS NOTICE? You are receiving this Notice because you may be entitled to share in a settlement involving claims raised in this class action lawsuit. A Settlement has been reached and the Circuit Court for St. Clair County, Illinois (the Court ) granted preliminary approval of the Settlement Agreement outlined below. The Court has ordered Notice be sent to you because it is believed you are part of the Settlement Class, meaning you were a driver for Gibco Motor Express, LLC ( Gibco ) at its East Saint Louis, Illinois location and did not receive overtime premiums for hours worked in excess of forty (40) hours per workweek between January 2008 and January 2012 (the Settlement Class Period ). If that is correct, the information contained in this notice affects your legal rights. The purpose of this notice is to: (a) provide a brief description of the lawsuit; (b) inform you of the proposed settlement; and (c) discuss your rights and options with respect to the Lawsuit and Settlement. Please read this Notice carefully because you may be entitled to money and/or other benefits under this Settlement. II. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT DO NOTHING EXCLUDE YOURSELF You will receive a payment from the Settlement automatically if you are a member of the class. Ask the Court to exclude you from the Settlement and receive no payment from the Settlement. 1

OBJECT You will remain a member of the Class, but will write to the Court and tell why you do not like the settlement. III. WHAT IS THE LAWSUIT ABOUT? A class action is a lawsuit in which the claims and rights of many people are decided in a single court proceeding. One or more representative plaintiffs, also known as Settlement Class Representatives, assert claims on behalf of the entire settlement class. In a class action, the Court supervises the prosecution of class claims to ensure fairness. John Stell and Charles Williams Jr. ( Settlement Class Representatives ) filed this class action suit ( Lawsuit ) on August 28, 2015 and generally allege that between January 2008 and January 2012, Gibco failed to pay drivers at its location in East Saint Louis, Illinois overtime premiums on all hours worked in excess of forty in any given workweek as required by the Illinois Wage Payment and Collection Act ( IWPCA ). Gibco has expressly denied and continues to deny all liability or wrongdoing of any kind associated with the claims of the Lawsuit. Gibco contends it complied with the federal and state wage and hour laws at all times. Gibco entered into this Settlement solely for the purposes of avoiding the costs and disruption of ongoing litigation and to settle all outstanding claims. By entering into the Settlement, Gibco does not admit any liability or wrongdoing. After extensive settlement negotiation between the parties, Class Counsel and Counsel for Gibco believe that it would be in the best interests of the Class and Gibco to enter into this Settlement Agreement in order to avoid the uncertainties and risks of further litigation and to assure the benefits reflected herein are obtained for the Class. Class Counsel and the Settlement Class Representatives believe the Settlement is fair, adequate, reasonable, and in the best interests of the Class Members. The Court has preliminarily approved the proposed Settlement and has conditionally certified the case as a class action based on the voluntary decision of Gibco and the Settlement Class Representatives to enter into this settlement. IV. WHAT IS THE SETTLEMENT? The principal terms of the Settlement reached between Settlement Class Representatives and Gibco are summarized in this Notice. 1. Settlement Terms The Settlement provides: (a) Gibco will stipulate to the certification of the Settlement Class for settlement purposes only, contingent on final approval of the Settlement by the Court; and (b) Gibco shall pay a Maximum Gross Settlement Amount of Two Hundred and Seventy- Five Thousand Dollars ($275,000) to be disbursed as follows: 2

a. Attorneys Fees and Costs. As part of the Settlement, Class Counsel has agreed to accept Ninety Four Thousand Five Hundred Dollars ($94,500) of the Settlement Fund for attorneys fees and litigation costs and expenses. You will not be required to separately pay Class Counsel for their representation of you in this lawsuit. b. Class Representative Enhancement Payment. For their contributions and services as Settlement Class Representatives during this class action lawsuit, John Stell will receive payment of Three Thousand Five Hundred Dollars ($3,500), Charles Williams Jr. will receive payment of One Thousand Five Hundred Dollars ($1,500), and Tyrone Ross will receive payment of Two Thousand Dollars ($2,000) (collectively, Enhancement Payments ). c. Payments To Settlement Class Members Who Do Not Opt-Out. After deducting administrative costs, attorney s fees, costs, and expenses, and the Enhancement Payments, the remainder of the settlement fund will be allocated to all individuals who are eligible to be members of the Settlement Class using the formula set forth below. Determination of membership in the Class and allocation of monetary benefits will be made based upon time records and documentation available to the parties. The Settlement Award checks will be mailed to Settlement Class Members who do not optout during the opt-out period (i.e., within forty-five (45) days of the date the Court entered its Preliminary Approval Order). Each Settlement Class Member shall receive a check for an amount representing their proportional share of the Maximum Settlement Amount based upon their percentage of the final damage calculation for all members of the Settlement Class including those who have elected to opt-out. For example purposes only, if a Settlement Class Member has damages (obtained by multiplying their overtime rate times the total amount of overtime hours worked) which equal 1% of the total damage calculation for all members of the Settlement Class, including those who have elected to opt-out, that Settlement Class Member would be entitled to 1% of the remaining amount of the Maximum Gross Settlement Amount after deductions for administrative costs, attorney s fees, costs, and expenses, and the Enhancement Payments. Any Settlement Award amounts allocated to individuals in the Settlement Class who opt-out shall be retained by Gibco. d. Settlement Class Member Tax Matters. One-half of any amount of the Maximum Gross Settlement amount allocated to the Settlement Class Members shall be treated as wages and subject to the standard legally required withholdings. The remaining onehalf amount of said allocations shall be treated as liquidated penalty- and interestrelated damages, and not subject to any withholdings. Nothing contained in this Notice or in the Settlement Agreement is intended to be or should be interpreted as providing tax advice. Settlement Class Members should consult with their tax advisors concerning the tax consequences of any payment they receive. 3

2. Conditions of the Settlement This Settlement is conditioned upon the Court, at or following the Final Approval Hearing, entering an Order approving the Settlement as fair, reasonable, and adequate and in the best interests of the Settlement Class. 3. No Admission of Liability Gibco does not admit any wrongdoing or liability, and specifically denies any liability or wrongdoing. The proposed Settlement reflects a compromise of disputed claims and does not mean Gibco violated any state wage requirements or is liable for any of the allegations made by Class Settlement Representatives. 4. Accuracy of Driver Information The calculation of overtime hours and damages in this matter are based upon the records maintained by Gibco and voluntarily provided to Class Counsel. If there are any concerns about the accuracy of Gibco s records, you should contact Class Counsel prior to the Fairness Hearing to discuss verification and/or disputes concerning the accuracy of the driver records. If no objection is made to the accuracy of the records, the Settlement Class Members will release and waive any right to challenge the accuracy of the records after the Fairness Hearing. V. OPTIONS AS TO ACCEPTING OR DECLINING THE SETTLEMENT If you fit with the above description of the Settlement Class, you have several options, each of which will have its consequences that you should understand before making your decision. Your rights regarding each option, and the procedure you must follow to select each option, are explained below: 1. Remain a member of the Settlement Class and participate in the Settlement. If you want to participate in the Settlement, you do not need to respond to this Notice. You will automatically be considered a Settlement Class Member unless you request to be excluded from the Settlement. If you choose to participate in the Settlement, you will be bound by all the terms set forth in the Settlement, including a full release of claims that will prevent you (or anyone suing on your behalf) from separately suing Gibco for the matters being settled in this Lawsuit. 2. You may object to or comment on the Settlement. If you are a Settlement Class Member and do not exclude yourself, you may object to or comment on all or part of the proposed Settlement. Objecting is not the same as excluding yourself. If you object and the proposed Settlement is approved, you will still be bound by the final judgment and your claims will be released. 4

You must submit your objections or comments in writing to the Clerk of the Circuit Court of St. Clair County, at the address provided below: St. Clair County Circuit Clerk 10 Public Sq., Belleville, IL 62220 Your objections or comments must be postmarked no later than November 5, 2016. If you chose to object or comment on the Settlement, you must do so in writing. On the first page, please include a prominent reference to the case name and number, which is included on the first page of this Notice. Your objections or comments must also include: Your full name, address, and telephone number; The dates you were a driver for Gibco during the class period at its terminal located at 4 Twin Lake Dr., East Saint Louis, IL 62203 between January 2008 and January 2012; Your signature; and Any supporting papers or briefs on which your objections or comments are based. If you wish to speak at the Final Approval Hearing (described below), you must also state in your objections or comments that you intend to appear and speak at the hearing. If you do not include this statement, you will not be entitled to speak at the Final Approval Hearing. You can enter an appearance in the lawsuit through your own legal counsel. If you do, you will be responsible for your own attorneys fees and costs. If you submit an objection and wish to preserve your appellate rights, you must either appear in person, through your counsel or as otherwise permitted by the Court, at the Final Approval Hearing. If you do not raise your objections according to the above procedure, you will waive all objections and have no right to appeal any aspect of the proposed Settlement. 3. You can opt-out of the Settlement Class. If you do not want to remain a member of the Settlement Class, you can request exclusion from the Settlement Class and opt-out of the lawsuit. You can opt-out of the Settlement Class by mailing the completed, signed Opt-Out form enclosed with this Notice to the Law Offices of Kevin J. Dolley, 2726 S. Brentwood Blvd., St. Louis, MO 63144, postmarked no later than November 5, 2016. This request must be signed by you. If you opt-out of the Settlement Class, you will no longer be a member of the Settlement Class, you will be barred from participating in this Settlement, and you will receive no payment or other benefit from this Settlement. By opting out of the Settlement Class, you will retain whatever rights or claims you may have, if any, against Gibco, and you will be free to pursue them on an individual basis, if you chose to do so, at your own cost. 5

VI. SHOULD I BE AFRAID OF PARTICIPATING IN THE SETTLEMENT? You should have no fears about participating in the Settlement because federal and state laws protect those taking part in any lawsuit attempting to recover overtime pay. Therefore, if you remain in the Class, you will be protected by both federal and state laws prohibiting any form of retaliation. An employer who retaliates against you for joining in a class action is subject to severe penalties set forth under federal and state law. Further, you will not be alone in this case. Gibco entered into this Settlement with the understanding and belief that all Class Members would participate in the Settlement. We do not expect you or anyone else will be subject to retaliation. VII. WHAT DO I GIVE UP TO GET THE PAYMENT? As this action was brought to adjudicate violations of the IWPCA, once the Court enters its Final Approval Order, all Class Members who have not opted out will be bound by the terms of the Settlement Agreement. The Settlement Agreement releases and forever discharges Gibco Motor Express, LLC (including any of its predecessors and successors and, in their capacities as such, all of their present, past, and future directors, officers, employees, representatives, attorneys, insurers, reinsurers, agents and assigns, as well as all of its affiliates, parent or controlling corporations, partners, divisions and subsidiaries) from any and all claims, debts, liabilities, demands, obligations, penalties, guarantees, costs, expenses, attorneys fees, damages, actions or causes of action of whatever kind or nature, whether known or unknown, whether under the Fair Labor Standards Act ( FLSA ), the IWPCA, common law or otherwise, that were alleged or could have been alleged out of the facts alleged in this Lawsuit including, but not limited to, any claims for unpaid wages, liquidated damages, and punitive damages. The complete statement of the release of claims is contained in the Settlement Agreement and is binding on all Settlement Class Members who do no opt-out of the Settlement. A copy the Settlement Agreement may be obtained from Class Counsel in this case. VIII. DO I HAVE A LAWYER FOR THIS SETTLEMENT The Court has appointed Kevin J. Dolley and David Nowakowski of the Law Offices of Kevin J. Dolley, LLC and Mary Anne Sedey of Sedey Harper Westhoff, P.C. to serve as Class Counsel to represent you and the other members of the proposed Settlement Class. You will not be charged for their services. If you want to be represented by your own lawyer or retain a lawyer to review the Lawsuit or Settlement, you may do so at your own expense. You can contact Class Counsel with any questions concerning the Settlement and will not be charged for their services: Kevin J. Dolley (Email: kevin@dolleylaw.com) David Nowakowski (Email: david.nowakowski@dolleylaw.com) 6

Law Offices of Kevin Dolley, LLC 2726 S. Brentwood Blvd. St. Louis, MO 63144 Phone: (314) 645-4100 Fax: (314) 736-6216 Mary Anne Sedey (Email: msedey@sedeyharper.com) Sedey Harper Westhoff, P.C. 2711 Clifton Avenue St. Louis, MO 63139 Phone: (314) 773-3566 Fax: (314) 773-3615 IX. WHEN DOES THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT? The Court will decide whether to give final approval to the Settlement at the Final Approval Hearing. You are not required to attend the Final Approval Hearing or file an objection, although you may do both. The Final Approval Hearing on the fairness and adequacy of the proposed Settlement, the plan of distribution, costs of administration, the Enhancement Payments to Settlement Class Representatives, and Class Counsels attorneys fees and costs will be held on November 22, 2016 at 9:00am before the Honorable Judge Vincent Lopinot in the Circuit Court for St. Clair County, 10 Public Sq., Belleville, IL 62220. The Final Approval Hearing may be continued to another date without further notice. If you plan to attend the Final Approval Hearing, you may contact Class Counsel to confirm the date and time. Any Settlement Class Member who does not object in the manner provided above will be deemed to have approved the Settlement and to have waived any objections, and will be forever foreclosed from objecting to the fairness or adequacy of the proposed Settlement, the plan of distribution, the payment of attorneys fees and costs, the claims process, the civil penalty payment, the Enhancement Payments to Settlement Class Representatives or any other aspect of the Settlement. If the Settlement is not approved, the Lawsuit will continue to be prepared for class certification, trial, or other judicial resolution. X. HOW DO I GET MORE INFORMATION? This notice only summarizes the Lawsuit, Settlement, and related matters. For more information, you may inspect the court files from 8:00 A.M. to 5:00 P.M., Monday through Friday at the Circuit Court of St. Clair County, 10 Public Sq., Belleville, IL 62220. Any questions regarding this Notice or Lawsuit may be directed to Class Counsel or you may contact your own attorney, at your own expenses, to advise you. The full settlement agreement is available upon request from Class Counsel. If your address changes, or is different than the address on the envelope enclosing this Notice, please promptly notify Class Counsel. 7

COURT St. Clair County Circuit Clerk 10 Public Sq., Belleville, IL 62220 CLASS COUNSEL Law Offices of Kevin J. Dolley 2726 S. Brentwood Blvd. St. Louis, MO 63144 Phone: (314) 645-4100 THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE ST. CLAIR COUNTY CIRCUIT COURT, HONORABLE JUDGE VINCENT LOPINOT PLEASE DO NOT CALL OR WRITE THE COURT ABOUT THIS NOTICE, EXCEPT TO FILE AN OBJECTION OR OPT-OUT FORM 8