OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION et al v. MAYFLOWER TRANSIT INC.

Filing 128

ORDER granting Parites 126 Motion for Preliminary Approval of Offer and Acceptance of Judgment, to Approve Proposed Notice to Class Members, and to Set Fairness Hearing. Hearing set for 11/14/2008 02:00 PM in room #216 before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 9/12/08. (MAC)

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION
OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, et al.
Plaintiffs,
V.

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Case

No. 1 :98-cv-00457-SEB-JMS

MAYFLOWER TRANSIT, INC.,
Defendant.

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ORDER

Before the Court is the Parties' Joint Motion for Preliminary Approval of Offer and
Acceptance of Judgment, to Approve Proposed Notice to Class Members, and to Set Fairness

Hearing.
Mayflower's proposed offer ofjudgment provides every eligible class member who
timely returned a valid and signed claim form with the full amount of their fuel tax credit balance 60 days after lease termination, plus interest and without any deductions for prior payments, fuel

tax audit assessments, or other setoffs. These terms are unquestionably "within the range of

possible [final] approval." In re BromineAntitrustLitig., 203 F.R.D. 403, 416 (S.D. md. 2001)
(quoting In re General Motors Corp., Engine Interchange Litig., 594 F.2d 1106, 1126 (7th Cir.
1979)). Accordingly, for good cause shown, the Court grants preliminary approval to Plaintiffs'

acceptance of Mayflower's offer ofjudgment.
The Court also finds that the form and method of delivery of the proposed Notice to Class Members of Offer and Acceptance of Judgment is reasonable and comports with all the requirements of Federal Rule of Civil Procedure 23(e) and due process. The Parties are directed to mail notices substantially conforming with the proposed Notice to Class Members of Offer

and Acceptance of Judgment to eligible class members who submitted a timely claim form no

Sep ember 16, later than ____t____________, 2008.

The Fairness hearing will be Friday, November 08. held in Room The Court will hold a Fairness Hearing on ______________, 2014, At the Fairness 2008, at 2:00 p.m. 216 of the judgment is "fair, United States Hearing, the Parties must show that Plaintiffs' acceptance of the offer of Courthouse in '1 Bank, 288 F.3d 277, 279 (7th Cir. Indianapolis, reasonable, and adequate." Reynolds v. Beneficial Nat Indiana. and affidavits or declarations, and objectors 2002). The Parties may present witnesses, experts,
and class members may also appear and testify.

Objections to the proposed settlement via

the offer of judgment shall be filed with the Court by November 4, 2008.

09 12 20 __ Dated: ______/___/___08 _____________

SARAH EVANS BARKER, JUDGE United States District Court Southe_______________________________ rn District of Indiana
SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana

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cc:

Paul D. Cullen, Sr. David A. Cohen THE CULLEN LAW FIRM, PLLC 1101 30th Street NW, Suite 300 Washington, DC 20007

Court Reporter

David J. Can Margaret Wielenberg ICE MILLER, LLC One American Square, Suite 3100
Box 82001 Indianapolis, iN 46282

David Wells Michael J. Morris Rebecca A. Pinto THOMPSON COBURN LLP One U.S. Bank Plaza St. Louis, MO 63101 David C. Campbell BINGUAM McHALE LLP 2700 Market Tower 10 West Market Street Indianapolis, IN 46204-2982 James A. Calderwood ZUCKERT, SCOUTT & RASENBERGER 888 Seventeenth Street, N.W., Suite 600 Washington, DC 20006

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