Adam et al v. UTI Worldwide, Inc. et al

Filing 196

MEMORANDUM AND ORDER. See order for specifics. Signed by Judge J. Phil Gilbert on 7/26/2011. (Attachments: # 1 Notice, # 2 Letter, # 3 Letter)(jdh, )

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
EAST ST. LOUIS DIVISION
EDWARD EARL NICHOLSON, individually
and on behalf of all others similarly situated,
Plaintiff,
v.
UTI INTEGRATED LOGISTICS, INC. et al.,
Defendants.

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Case No. 3:09-cv-00722-JPG-DGW

If you are or were a forklift operator employed by UTi Integrated Logistics or UTi
Worldwide, Inc., either directly or through a temporary staffing agency in the State
of Illinois, please read this notice. A class action lawsuit may affect your legal
rights.
A federal court authorized this notice. This is not a solicitation from a lawyer.


Forklift operators have sued UTi Integrated Logistics and UTi Worldwide, Inc. (“UTi”) claiming
that UTi failed to pay all wages owed for time spent performing activities such as locating forklifts
and performing maintenance and inspections before the beginning of the shift and for working
during unpaid lunch breaks. UTi denies these claims and believes that forklift operators in Illinois
have been paid for all hours worked for UTi.



The United States District Court for the Southern District of Illinois has certified this lawsuit to
proceed as a class action. You are a member of the class if:
1. You are currently employed, or were previously employed, by UTi in Illinois,
either directly or through a temporary staffing agency, at any time from
September 14, 2004 to the present; and
2. Your primary duty was operating a forklift.

You have received this Notice because you are believed to be a member of the class of employees who
could be affected by the claims that have been brought in this lawsuit. There is no money available to
you now as a result of this lawsuit, and there are no guarantees that there will ever be any money
available to you if you choose to remain in this lawsuit.


By certifying a class and allowing you the option to participate in this lawsuit, the Court has not yet
decided whether UTI did anything wrong. The Court may determine that UTi has done nothing
wrong and has paid all of its forklift operators in Illinois all of the wages and compensation to which
they are entitled. However, your legal rights may be affected unless you ask to be excluded, and, to
do so, you must act before [INSERT DATE 60 days from mailing]. A copy of the form that you
may use to request to be excluded from this lawsuit is attached to this notice, and additional
instructions on how to request to be excluded from this case are provided in paragraph 10 of this
notice.

Chicago 119813.1

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
Stay in this lawsuit. Await the outcome. Give up certain rights.
You have no obligation to participate in this lawsuit as a Class Member, and are
free to seek independent legal advice from a lawyer of your own choosing as to
whether you should remain a part of this lawsuit. If you do nothing, you will
automatically be treated as part of the class that has been certified by the Court and
DO NOTHING your rights could be affected by this lawsuit. You would keep the possibility of
getting money or benefits that may come from a trial or a settlement, if Plaintiffs
are successful in proving their claims or in negotiating a settlement payment. But,
you would also give up any rights to sue UTi separately about the same legal
claims asserted in this lawsuit and would be bound by any decision that the Court
reaches regarding the merits of Plaintiffs’ claims, if any.
Get out of this lawsuit. Get no benefits from it, if any. Keep rights.

ASK TO BE
EXCLUDED

If you ask to be excluded and money or benefits are later awarded, you will not
share in those, if any. But, you are not bound by any decision that the Court makes
regarding the merits of Plaintiffs’ claims in this lawsuit, whether favorable or
unfavorable. If you believe that you have a claim for money owed to you by UTi
that you want to pursue separately, you may do so only if you ask to be excluded
from this Class Action. In order to be excluded from this lawsuit, you must follow
the steps outlined in Section 10 below by [INSERT DATE 60 days from mailing].
BASIC INFORMATION

1. Why did I get this notice?
UTi’s records show that you currently work, or previously worked, for UTi, either directly or through a
temporary staffing agency, operating a forklift in the State of Illinois. The Court has certified a class
action lawsuit that may affect you, unless you elect to exclude yourself from this case. You have legal
rights and options that you may exercise at this time, which are described in this notice. The lawsuit is
styled Nicholson v. UTi Integrated Logistics, Inc., et al, Case No. 3:09-cv-722-JPG-DGW.
2. What is a class action and who is involved?
In a class action lawsuit, one or more people called “Class Representatives” (in this case Edward Earl
Nicholson) sue on behalf of other people who have similar claims. The people together are a “Class” or
“Class Members.” The Class Representatives who sue—and all the Class Members like them—are
called the Plaintiffs. The company they sued (in this case UTi) is called the Defendant. One court
resolves the issues for everyone in the Class. If the attorneys who are representing the Class are
successful in recovering money on your behalf, these attorneys may be compensated from a portion of
the money that is paid by UTi.
3. Am I part of another Class in this lawsuit?
The Court has certified two classes in this lawsuit. The first one is described in this notice and covers a
class of UTi forklift operators employed in the State of Illinois– referred to as the “Illinois Class.” The
second one covers a class of UTi forklift operators employed anywhere in the United States – referred to
as the “Nationwide Class.” You either have or will receive information about the Nationwide Class
separately through a notice that has been approved by the Court.
Chicago 119813.1

The Illinois Class seeks remedies available under Illinois law, covers a period of time going back to
September 14, 2004, and provides for different damages than the Nationwide Class. The Illinois Class
is an “opt-out” class action. That means that in order to participate you do not need to do anything,
but if you don’t want to participate, you need to let Class Counsel know that you do not want to
participate in this lawsuit by completing the attached Request To Be Excluded, which is described in
paragraph 10, below.
You may be a member of both classes and may receive more than one notice explaining your legal rights
and options. Please read each notice carefully to understand your legal rights and options with respect to
each Class.
4. If I return the Consent to Join form to be a member of the Nationwide Class, can I still be a
member of the Illinois Class?
Yes. You can be a part of both the federal and state classes. That means you can return the Consent to
Join form to be in the Nationwide Class and also remain in the Illinois Class. If you did not return the
Consent to Join the Nationwide Class, you would still be a member of the Illinois Class, unless you
return the enclosed Request To Be Excluded form, which is attached.
THE CLAIMS IN THE LAWSUIT
5. What is this lawsuit about?
Plaintiffs say that UTi violated Illinois law by failing to pay its forklift operators for the time they claim
to have spent locating their forklifts, changing batteries on these forklifts, and performing other
maintenance and inspections of those forklifts before the start of their shift. Plaintiffs also say UTi
rounds forklift operators’ time to the start of the shift even when they claim to have performed these
activities before the shift starts. Also, Plaintiffs say UTi automatically deducts a lunch each day and that
this occurs even if forklift operators claim to have worked through a part or all of their lunch. UTi
disputes Plaintiffs’ claims and contends that UTi compensates all employees for all hours that they
work. This lawsuit is about whether Plaintiffs’ claims are factually accurate, and, if so, whether UTi is
obligated to pay forklift operators for the time they spend performing these activities.
6. What are the Plaintiffs asking for?
Plaintiffs seek to recover unpaid wages from UTi for the time they claim to have spent before their
scheduled shift began locating their forklifts, changing batteries on the forklift, and performing
maintenance and inspections. Plaintiffs also seek to recover for time they claim to have worked during
their unpaid lunch breaks. Plaintiffs also seek other remedies that may be available under Illinois law
based on their assertion that they perform work for UTi that has not been fully compensated, including,
but not limited to, compensatory damages, reasonable attorneys’ fees and costs of the action, and
interest. UTi contends that all employees have been paid for all hours that they have worked and are not
entitled to receive any additional compensation or recover any money for themselves or Class Counsel
based on this lawsuit.
7. Has the Court decided who is right?
The Court has not yet decided whether UTi or the Plaintiffs are correct, or whether UTi has any
obligation to pay any employee more than what each has already been paid by the company. By
certifying this lawsuit as a class action and issuing this notice, the Court is not suggesting that Plaintiffs
will win or lose the case or recover any money at all.

Chicago 119813.1

YOUR RIGHTS AND OPTIONS
8. What happens if I do nothing at all?
You don’t have to do anything now if you want to keep the possibility of getting money or benefits from
this lawsuit if Plaintiffs are successful in establishing that they or you performed work for UTi that has
not been compensated. By doing nothing you stay in the Illinois Class. If you stay in and the Plaintiffs
obtain money or benefits, either as a result of the trial or a settlement, you will be notified about any
potential recovery (or how to ask to be excluded from any settlement). If you do nothing now,
regardless of whether Plaintiffs win or lose the trial, you will not be able to sue, or continue to sue,
UTi—as part of any other lawsuit—about the same legal claims that are the subject of this lawsuit. You
will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this
class action. In short, if this lawsuit is not successful, you may be prevented in the future from bringing
your own lawsuit against UTi based on the same claims that Plaintiffs have brought in this case, if you
believe that UTi has not paid you for all of the hours that you have worked for the company.
9. Why would I ask to be excluded?
You are under no obligation to participate in the Class, and can elect to be excluded for any reason that
you may have, including your own belief that this lawsuit has no merit. You have the right to ask a
lawyer of your own choosing whether you should participate in this lawsuit. If you want to be excluded
from the Illinois Class, you simply need to complete and sign the attached Request To Be Excluded, in
the manner described in paragraph 10. If you exclude yourself from the Illinois Class—which also
means to remove yourself from the Illinois Class, and is sometimes called “opting-out” of the Class—
you will not receive any further information about this lawsuit from Class Counsel. If you exclude
yourself, you also will not be legally bound by the Court’s judgments in this class action, whether
favorable or unfavorable.
10. How do I ask the Court to exclude me from the Class?
To ask to be excluded, you must send a completed “Request To Be Excluded” in the form of the
attached response document. Be sure to include your name and address, and sign the attached Request
form. You must mail your Request To Be Excluded Form postmarked on or before [INSERT DATE 60
days from mailing], to: Nicholson v. UTi Integrated Logistics, Inc. Exclusions, PO Box 679560,
Orlando, FL 32867.
THE LAWYERS REPRESENTING YOU
11. Do I have a lawyer in this case?
The Court decided that Richard M. Paul III of the law firm of Stueve Siegel Hanson LLP and Mark
Potashnick of Weinhaus Potashnick are qualified to represent you and all Class Members. Together
they are called Class Counsel. These law firms are experienced in handling similar cases against other
employers. More information about these law firms, their practices, and their lawyers’ experience is
available at www.stuevesiegel.com and www.fairwagelawyers.com.
12. Should I get my own lawyer?
You have the right to discuss this case with a lawyer of your own choosing and the right to decide
whether you want to participate in this lawsuit as a Class Member. In order to stay in this lawsuit as a
Class Member, you do not need to hire your own lawyer because Class Counsel would be working on
your behalf. But, if you want your own lawyer, you may have to pay that lawyer. For example, you can
ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for

Chicago 119813.1

you. If Class Counsel is successful in recovering money in this lawsuit, Class Counsel may be paid a
portion of the money that they recover on your behalf or may seek to have fees paid separately by UTi.
13. Will I have to pay the lawyers and how will the lawyers be paid?
Class Counsel are working on a contingency fee basis. You will not have to pay them anything. They
will get paid only if they get money or benefits for the Illinois Class. If that occurs, they may ask the
Court for their fees and expenses. If the Court grants Class Counsel’s request, the fees and expenses
either would be deducted from any money obtained for the Class or paid separately by UTi, or may be a
combination of the two.
GETTING MORE INFORMATION
14. Are more details available?
Yes. If you have any questions or require additional information, please contact Plaintiffs’ Counsel at:
Stueve Siegel Hanson LLP
460 Nichols Road, Suite 200
Kansas City, Missouri 64112
[phone]
Allison Gilbert: stuevesiegel.com

Weinhaus & Potashnick
11500 Olive Boulevard, Suite 133
St. Louis, Missouri 63141
[phone], ext. 2
Mark Potashnick: [e-mail]

THE COURT HAS TAKEN NO POSITION IN THIS MATTER REGARDING THE MERITS
OF PLAINTIFFS’ CLAIMS OR UTI’S DEFENSES
PLEASE DO NOT CONTACT THE COURT CLERK REGARDING THIS MATTER

Chicago 119813.1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
EAST ST. LOUIS DIVISION
EDWARD EARL NICHOLSON, individually
and on behalf of all others similarly situated,
Plaintiff,
v.
UTI INTEGRATED LOGISTICS, INC. et al.,
Defendants.

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Case No. 3:09-cv-00722-JPG-DGW

REQUEST TO BE EXCLUDED
I do not wish to be a part of the lawsuit referred to as Nicholson v. UTi Integrated Logistics, Inc., et al,
Case No. 3:09-cv-722-JPG-DGW. By my signature below, I request to be excluded from these
proceedings.

Dated:

Name:
(Signature)

Name:
(Printed)

Address:

Phone Number:

FAILURE TO RETURN THIS REQUEST TO BE EXCLUDED FORM BY [INSERT DATE]
MAY RESULT IN A LOSS OF YOUR RIGHT TO BE EXCLUDED FROM THE ILLINOIS
CLASS IN THIS LAWSUIT AND BIND YOU TO ANY DECISION THE COURT REACHES IN
THIS ACTION. IF YOU WISH TO BE EXCLUDED FROM THIS CASE, RETURN THIS
FORM TO:
Nicholson v. UTi Integrated Logistics, Inc. Exclusions, PO Box 679560, Orlando, FL 32867

Chicago 119813.1