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Abarca v. Werner Enterprises, Inc.

United States District Court, D. Nebraska

September 12, 2018

EZEQUIEL OLIVARES ABARCA, et al. Plaintiffs,
v.
WERNER ENTERPRISES, INC., et al. Defendants. William Smith
v.
Werner Enterprises, Inc. et al.,

          James M. Sitkin, Esq. LAW OFFICES OF JAMES M. SITKIN Counsel for Plaintiffs and Certified Classes

          Joseph Jones #15970 Elizabeth Culhane #23632 FRASER STRYKER PC LLO Counsel for Defendants

          STIPULATION AND ORDER TO SEND COURT-SUPERVISED NOTICE

          Honorable Joseph F. Bataillon Senior U.S. District Court Judge.

         William Smith v. Werner Enterprises, Inc. et al., No. 8:15-cv-00287-JFB-MDN The Plaintiffs Ezequiel Olivares Abarca, Alfredo Alesna, Jr., David Cagle, Stephen L. Davis, Frank Eads, William Smith, and Kenneth J. Surman (collectively “Plaintiffs”) and Defendants Werner Enterprises, Inc. and Drivers Management, LLC (collectively “Werner”), by and though undersigned counsel, hereby stipulate and agree as follows:

         a. WHEREAS, this Court on March 20, 2018, entered an Order (hereinafter, the “Certification Order”) in the consolidated cases Abarca et al. v. Werner Enterprises, Inc. et al., No. 8:14-cv-319-JFB-MDN, and William Smith v. Werner Enterprises, Inc., et al., No. 8:15-cv-287-JFB-MDN, certifying a “Nebraska Class” defined as “[a]ll truck drivers who worked or work anywhere for Werner after the completion of training at any time since four years before the filing of his legal action until such time as there is a final disposition of this lawsuit” for alleged violations of Nebraska law (Doc. No. 190);

         b. WHEREAS, the Court also certified a “California Class, ” which is a subclass within the Nebraska Class and is defined in the Certification Order as “truck drivers who were or are California residents and who while working for Werner, picked up and/or dropped off a load in the state of California after the completion of training at any time since four years before the filing of this legal action until such time as there is a final disposition of this lawsuit” for alleged violations of California law (Doc. No. 190);

         c. WHEREAS, the Certification Order requires that notice of the class action be disseminated to members of the Nebraska Class and members of the California Class (hereinafter, collectively, “Class Members”);

         d. WHEREAS, Plaintiffs and Defendants (hereinafter, collectively, “Parties”) have conferred regarding the appropriate methods and form of notice and have reached an agreement on the notices to be distributed and the deadline by which Class Members must submit a request to be excluded from the Rule 23(b)(3) class (the “Opt Out Deadline”);

         e. WHEREAS, the Parties concur that “qualified drivers” is a well-recognized term among Class Members, used to refer to truck drivers who worked or work for Werner in a capacity other than solely as a student driver in Werner's student driver training program and that term should be used in the class notices as a shorthand for Class Members;

         f. WHEREAS, Plaintiffs' counsel have determined that Kurtzman Carson Consultants LLC (hereinafter “KCC”) is an experienced Claims Administrator (see website at http://www.kccllc.com/) and Plaintiffs propose that KCC should be appointed to serve as the Claims Administrator for the purposes of the class notice described herein and shall perform the duties of Claims Administrator;

         g. WHEREAS, Werner did not have any role in screening or selecting who would serve as class action administrator for Plaintiffs and that decision was made solely by Plaintiffs' counsel;

         NOW THEREFORE, the Parties agree as follows:

         1. For all Class Members, Werner shall provide to KCC, with a concurrent copy to Plaintiffs' counsel, by no later than 14 days after entry of this Order: a list of Nebraska Class Members (the “Nebraska Class List”) in an electronic spreadsheet containing, in separate columns, the first name, last name, home street address/city/state/zip code, Social Security Number, and, to the extent Werner has such information, the last known phone number(s) for each driver in the Nebraska class. The Nebraska Class List will contain a column identifying the drivers on that list who are also members of the California Class. The parties agree that the Nebraska Class List contains confidential information and KCC shall maintain the Nebraska Class List as confidential and use it only for purposes related to this legal action;

         2. Upon receipt of the Nebraska Class List, KCC shall conduct a National Change of Address system (a.k.a. “NCOA”) address verification and correct the addresses on the Nebraska Class List accordingly. No. later than 14 days after receipt of the ...


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