Russell v. Werner Enterprises, Inc.

Filing 395

STIPULATION AND ORDER REGARDING COURT-SUPERVISED NOTICE- The Plaintiffs and Defendants (hereinafter, collectively, "Parties"), by and though undersigned counsel, hereby stipulate and agree as set forth within the order. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN, 8:20-cv-00227-JFB-MDNOrdered by Senior Judge Joseph F. Bataillon. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EZEQUIEL OLIVARES ABARCA,
ALFREDO ALESNA JR., DAVID CAGLE,
STEPHEN L. DAVIS, FRANK EADS, and
KENNETH J. SURMAN, individually and
on behalf of all those similarly situated,

Case No. 8:14-CV-319-JFB-MDN
STIPULATION AND ORDER
REGARDING COURTSUPERVISED NOTICE

Plaintiffs,
vs.
WERNER ENTERPRISES, INC.,
DRIVERS MANAGEMENT, LLC, and
DOES 1-100,
inclusive,
Defendants.
WILLIAM SMITH, on behalf of himself
and all others similarly situated, and on
behalf of the general public,

Case No. 8:15-cv-00287-MFB-MDN

Plaintiffs
vs.
WERNER ENTERPRISES, INC., d/b/a
C.L. WERNER, INC., a corporation, and
DOES 1-100, inclusive,
Defendants.
BRIAN VESTER and JOEL MORALES,
individually and on behalf of all others
similarly situated,

Case No. 8:17-CV-145

Plaintiffs,
vs.
WERNER ENTERPRISES, INC., and
DRIVERS MANAGEMENT, LLC;
Defendants.
1

DANIEL BRYANT, individually and on
behalf of all others similarly situated,

Case No. 8:20-cv-227

Plaintiffs,
vs.
WERNER ENTERPRISES, INC., a
Nebraska corporation; DRIVERS
MANAGEMENT, LLC, a Delaware
corporation and DOES 1-50, inclusive,
Defendants.

The Plaintiffs and Defendants (hereinafter, collectively, “Parties”), 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 with the lead case Abarca et al. v. Werner
Enterprises, Inc. et al., Case No. 8:14-cv-319-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 this legal action until such time as there is a final
disposition of this lawsuit” for alleged violations of Nebraska law. (ECF. 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. (ECF. No. 190);
C.

WHEREAS, Court-approved notice was last sent to members of the Nebraska Class

and members of the California Class (hereinafter, collectively, “Class Members”) in 2018;
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D.

WHEREAS, the Court on July 18, 2023 (ECF No. 393):
1.

Approved the parties’ agreement that the Rule 23(b)(3) class definitions for

the Nebraska and California classes should be modified to exclude drivers who did not work for
Werner at any point from June 4, 2010 – July 14, 2023 and were hired after July 14, 2023, so as to
provide an end-date for class membership and to eliminate the need for multiple supplemental
notices to new class members;
2.

Ordered Defendants to produce a class list (“2023 Class List”), on or before

August 4, 2023, to counsel for the Abarca/Smith Plaintiffs (“Class Counsel”) identifying all
individuals who now fall within the definition of the Nebraska and/or California classes, were
hired on or before July 14, 2023, and were not on the 2018 Class List (collectively, the “New Class
Members”);
3.

Ordered that on or before August 25, 2023, Defendants will produce

supplemental class data for all categories of class data previously produced, including trip data,
pay data, check detail, check header, paid trip detail, stop data, messaging data, and log data, for
all Class Members, including all such data generated through the date of that production.
4.

Ordered Class Counsel to send notice, on or before September 6, 2023, to

New Class Members who are not on the 2018 Class List (“2023 Notice”) and to provide New Class
Members with 60 days from the Mailing date to elect to be excluded from the lawsuit (the “2023
Opt Out Deadline”);
5.

Ordered, that within 30 days after the 2023 Opt Out Deadline, (1)

Defendants shall make another production of supplemental class data, for all categories of class
data previously produced, including trip data, pay data, check detail, check header, paid trip detail,
stop data, messaging data, and log data, for all Class Members, including all such data generated
between August 25, 2023 and the date of that production; and (2) Class Counsel shall file with the
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Court a list of all New Class Members who timely requested exclusion from either Class (the “2023
Opt Out List”).
6.

Ordered the Parties to submit a joint stipulation and proposed order for

approval of the 2023 Notice plan and documents on or before August 1, 2023;
E.

WHEREAS, the Parties have conferred and have reached agreement regarding the

2023 Notice, including the appropriate methods and form of notice;
F.

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;
G.

WHEREAS, Class counsel have determined that Kurtzman Carson Consultants

LLC (hereinafter “KCC”) is an experienced Claims Administrator (see website at
http://www.kccllc.com/) that facilitated the 2018 Notice and Plaintiffs propose that KCC should
be appointed to serve again as the Notice Administrator for the purposes of the 2023 Notice
described herein and shall perform the duties of Notice Administrator;
H.

WHEREAS, Werner did not have any role in screening or selecting who would

serve as class action notice administrator for Plaintiffs and that decision was made solely by Class
Counsel;
NOW THEREFORE, the Parties agree as follows:
1.

For all New Class Members, Werner shall provide to KCC, with a

concurrent copy to Class Counsel, by August 4, 2023: a list of new Nebraska Class Members (the
“2023 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) and email address(es) for
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each driver in the Nebraska class (“New Nebraska Class Members”). The 2023 Nebraska Class
List will contain a column identifying the drivers on that list who are also members of the
California Class (“New California Class Members”). The parties agree that the 2023 Nebraska
Class List contain confidential information and KCC shall maintain the 2023 Nebraska Class List
as confidential and use it only for purposes related to this legal action;
2.

Upon receipt of the 2023 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. On or before September 6, 2023, KCC shall send Notice in the
manner described below.
3.

For New Class Members with last known e-mail addresses on the 2023

Nebraska Class List, KCC shall send via e-mail the following:
a.

To New California Class Members, an e-mail with the content set

forth in Exhibit A attached hereto;
b.

To New Nebraska Class Members who are not members of the

California Class, an e-mail with the content set forth in Exhibit B attached hereto;
4.

For New Class Members for whom only a mailing address appears on the

2023 Nebraska Class List, KCC shall send via First Class U.S. mail the following:
a.

To New California Class Members, a postcard with the content set

forth in Exhibit C attached hereto;
b.

To New Nebraska Class Members who are not members of the

California Class, a postcard with the content set forth in Exhibit D attached hereto;
5.

At least twenty-four hours before mailing the class notices as described in

Paragraphs 2(a) and (b), KCC shall activate a website for this legal action as identified in Exhibits
A through D. The website will be accessible at www.truckerclassaction.com and will be
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maintained by KCC for at least two weeks after the 2023 Opt Out Deadline. The website will
include the following:
a.

Plaintiffs’ operative Complaint and Defendants’ operative Answer,

b.

The Court’s Certification Order,

c.

The Court’s Order regarding the Joint Status Report and Joint

Motion to Refine Class Definitions and Extend Progression Order Deadlines
d.

The long form notice to the California Class with the content set

forth in Exhibit E attached hereto,
e.

The long form notice to the Nebraska Class with the content set forth

in Exhibit F attached hereto, and
f.

Contact information for KCC and Class Counsel, including email,

phone number, fax number, and mailing address for further questions.
6.

During the same time period when the website is active as described in

Paragraph 5, KCC shall staff the phone line provided on the website (9 am. – 8 p.m., EST) to
respond to New Class Member inquiries, including by direction to the website or to Class Counsel
for answers to further questions, to report on receipt of a request for exclusion, to process requests
for duplicate class notices, and to record updated New Class Member contact information;
7.

A New Class Member may elect to be excluded from this Lawsuit by

mailing, via First Class U.S. mail, emailing, faxing, or otherwise causing to be delivered a request
for exclusion to KCC in the manner described in the class notices (Exhibits A through D), or in
some other manner that reasonably indicates the New Class Member’s intent to be excluded from
this Lawsuit, on or before the later of sixty (60) days from the initial mailing of the class notice or
thirty (30) days after KCC’s initial remailing of postcard class notice. KCC shall remail postcard
notice to any New Class Members for whom (a) the initial email notice bounces back as
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undeliverable, if the initial notice was sent to that New Class Member via email in accordance with
paragraph 3; or (b) the initial mailed postcard notice is returned undeliverable mail (“RUM”), if
the initial notice was sent to that New Class Member via mail in accordance with paragraph 4;
8.

To the extent there is any dispute regarding the validity of a New Class

Member’s request for exclusion, the Court shall determine, upon motion by either Party, whether
the request for exclusion is valid;
9.

The Parties agree that supplemental postcard notice via First Class U.S.

Mail, as described in paragraph 7, shall be attempted within twenty (20) days of the initial
mailing/e-mailing date in the following circumstances: (a) to any New Class Member for whom
the initial email notice bounces back as undeliverable, if the initial notice was sent to that New
Class Member via email in accordance with paragraph 3; and (b) for those New Class Members to
whom the initial notice is sent via mail in accordance with paragraph 4, if the New Class Member’s
initial mailed postcard notice is RUM to KCC, KCC will attempt to remail postcard notice to any
updated address identified. For either scenario described, KCC promptly shall undertake a
customary secondary address verification and re-mail, via first class U.S. mail, the class notice to
any updated address identified. (A request for another copy of the class notice is not RUM to KCC
unless the initially mailed class notice is RUM to KCC itself.) A secondary address verification
conducting a customary credit bureau search or search of the Social Security Administration’s
database using the New Class Member’s social security number provided on the 2023 Nebraska
Class List shall be deemed sufficient secondary address verification effort. KCC shall have no
further responsibilities for address verification but shall provide replacement class notices on
request by a New Class Member or Class Counsel;
10.

KCC shall promptly email to Class Counsel and counsel for Defendants any

written responses to the class notices received from New Class Members, other than notices that
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merely report corrected contact information; shall provide a declaration under penalty of perjury,
reporting on the performance of KCC’s responsibilities hereunder and summarizing any responses
received from New Class Members to Class Counsel not less than twenty-one (21) days after the
Opt Out Deadline; shall concurrent with said declaration provide said counsel an updated New
Nebraska Class List with corrected information; shall respond to counsel’s reasonable requests for
information; and shall perform such other and further responsibilities consistent with its duties as
the Claims Administrator;
11.

Within thirty (30) days after the Opt Out Deadline, Class Counsel shall file

with the Court the 2023 Opt Out List.
It is so stipulated.

SO ORDERED.
4th day of ____________,
August
Dated this ______
2023

U.S. District Court Judge

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Exhibit A

Ex. A - Email Notice (New California Class Members)
Claim ID: <<ClaimID>>
To: [insert]
Subject: Notice About Lawsuit Regarding Werner Qualified Drivers

THIS NOTICE WAS AUTHORIZED BY THE COURT.
PLEASE READ IT CAREFULLY.
YOUR LEGAL RIGHTS MAY BE AFFECTED.
If You Worked as a Qualified Driver for Werner At Any Time since June 4, 2010, and
Were Hired Before July 14, 2023, You Are Part of a Certified Class in a Case Alleging
Violations of Employment Law.
The purpose of this Notice is to inform you that you may be part of a certified class in Ezequiel
Olivares Abarca, et al. v. Werner Enterprises, Inc., et al., Case No. 8:14-cv-00319-JFB-MDN
(D. Neb.) (the “Lawsuit”).
What is this Lawsuit about?
The Lawsuit claims that Werner violated California and/or Nebraska law by: (1) failing to pay
minimum wage for all work time; (2) taking unlawful deductions from pay; (3) providing
inadequate wage statements while drivers were in California; and (4) failing to provide meal and
rest breaks while drivers were in California. The Court has not yet determined who wins the
Lawsuit, but has dismissed the California class’ meal and rest break claims.
Who is in the Class?
On March 20, 2018, the Court ordered that the Lawsuit may proceed as a class action on behalf of
two classes: (1) Truck drivers who, while residing in California and working for Werner as
qualified drivers, picked up or dropped off at least one load in California at any time since June 4,
2010 (only for work performed in California); and (2) truck drivers who worked or work as
qualified drivers for Werner at any time since June 4, 2010. On July 18, 2023, the Court modified
the class definitions to exclude drivers who were hired after July 14, 2023.
Generally, you are included in the certified class if you worked for Werner as a qualified driver at
any time since June 4, 2010 and were hired on or before July 14, 2023.
What are my options?
Stay in the Class: You do not have to do or pay anything to be part of the Class. If you remain in
the Class, you will be bound by any judgment or settlement and may be entitled to compensation
if Plaintiffs prevail or a settlement is reached. You will give up the right to participate in any other
action based on the same conduct.

Exclude yourself: To exclude yourself, you must mail or e-mail a request for exclusion to Abarca
v Werner Enterprises Inc Claims Administrator at PO Box 404081 Louisville, KY 40233-4081 or
[e-mail]. To be valid, your request for exclusion should be postmarked or
emailed by [2023 opt-out date]. The request should contain your name, phone number, address,
email address, and signature; the name of the case; and a statement that you wish to be excluded
from the Class. If you exclude yourself, you will not be eligible to receive any compensation if
the Plaintiffs prevail on their claims, but you will also not be bound by the judgment or settlement
in this case.
How can I get more information?
To get a copy of the long form notice, you can visit www.TruckerClassAction.com, call [toll-free
number] or email [e-mail].
NOTICE IN ACCORDANCE WITH LOCAL CIVIL RULE 23.1(b)
All documents sent to the Court by any class member, including any letter or document expressing
a class member's desire to be excluded from the class and any objection to a proposed settlement,
voluntary dismissal, or compromise, are filed electronically by the clerk and therefore will be
available for public review.
PLEASE DO NOT CONTACT THE COURT
REGARDING THIS NOTICE.

Exhibit B

Ex. B - Email Notice (New NE Class Members excluding CA)
Claim ID: <<ClaimID>>
To: [insert]
Subject: Notice About Lawsuit Regarding Werner Qualified Drivers

NOTICE OF CLASS ACTION LAWSUIT
THE COURT AUTHORIZED THIS NOTICE.
THIS IS NOT A SOLICITATION FROM A LAWYER.
If You Worked as a Qualified Driver for Werner At Any Time since June 4, 2010, and
Were Hired On or Before July 14, 2023, You Are Part of a Certified Class in a Case
Alleging Violations of Nebraska Employment Law.
The purpose of this Notice is to inform you that you may be part of a certified class in Ezequiel
Olivares Abarca, et al. v. Werner Enterprises, Inc., et al., Case No. 8:14-cv-00319-JFB-MDN (D.
Neb.) (the “Lawsuit”).
What is this Lawsuit about?
The Lawsuit claims Werner violated the Nebraska Wage and Hour Act and the Nebraska Wage
Payment and Collection Act in several ways: (1) Werner’s mileage-based pay system failed to
compensate drivers for all hours worked; and (2) Werner took unlawful deductions from drivers’
wages. The Lawsuit seeks unpaid wages, penalties, and interest. The Court has not yet determined
who wins the Lawsuit.
Who is in the Class?
On March 20, 2018, the Court ordered that the Lawsuit may proceed as a class action on behalf of
all truck drivers who worked or work as qualified drivers for Werner at any time since June 4,
2010. On July 18, 2023, the Court modified the classes to exclude drivers who were hired after
July 14, 2023.
Generally, you are included in the certified class if you worked for Werner as a qualified driver at
any time since June 4, 2010, and you were hired on or before July 14, 2023.
What are my options?
Stay in the Class: You do not have to do or pay anything to be part of the Class. If you remain in
the Class, you will be bound by any judgment or settlement and may be entitled to compensation
if Plaintiffs prevail or a settlement is reached. You will give up the right to participate in any other
action based on the same conduct.
Exclude yourself: To exclude yourself, you must mail or e-mail a request for exclusion to Abarca
v Werner Enterprises Inc Claims Administrator at PO Box 404081 Louisville, KY 40233-4081 or

[e-mail]. To be valid, your request for exclusion should be postmarked or
emailed by [2023 opt-out date]. The request should contain your name, phone number, address,
email address, and signature; the name of the case; and a statement that you wish to be excluded
from the Class. If you exclude yourself, you will not be eligible to receive any compensation if
the Plaintiffs prevail on their claims, but you will also not be bound by the judgment or settlement
in this case.
How can I get more information?
To get a copy of the long form notice, you can visit www.TruckerClassAction.com, call [toll-free
number] or email [e-mail].
NOTICE IN ACCORDANCE WITH LOCAL CIVIL RULE 23.1(b)
All documents sent to the Court by any class member, including any letter or document expressing
a class member's desire to be excluded from the class and any objection to a proposed settlement,
voluntary dismissal, or compromise, are filed electronically by the clerk and therefore will be
available for public review.
PLEASE DO NOT CONTACT THE COURT
REGARDING THIS NOTICE.

Exhibit C

Ex. C – Postcard Notice CA

If you worked as a qualified driver for Werner at any time since June 4, 2010, and were hired
on or before July 14, 2023, you are part of a certified class in a case alleging violations of
employment law.

This Notice was authorized by the Court. Please read
it carefully. Your legal rights may be affected.
The purpose of this Notice is to inform you that you may
be part of a certified class in Ezequiel Olivares Abarca,
et al. v. Werner Enterprises, Inc., et al., Case No. 8:14cv-003190JFB-MDN (D. Neb.) (the “Lawsuit”).
What is the Lawsuit about? The Lawsuit claims that
Werner violated California and/or Nebraska law by: (1)
failing to pay minimum wage for all work time; (2)
taking unlawful deductions from pay; (3) providing
inadequate wage statements; and (4) failing to provide
meal and rest breaks while drivers were in California.

The Court has not yet determined who wins the Lawsuit,
but has dismissed the California class’ meal and rest
break claims.
Who is in the Class? On March 20, 2018, the Court
ordered that the Lawsuit may proceed as a class action on
behalf of two classes: (1) Truck drivers who, while
residing in California and working for Werner as
qualified drivers, picked up or dropped off at least one
load in California at any time since June 4, 2010 (only
for work performed in California); and (2) truck drivers
who worked or work as qualified drivers for Werner at
any time since June 4, 2010. On July 18, 2023, the Court

modified the class definitions to exclude drivers who
were hired after July 14, 2023.
Generally, you are included in the certified class if you
worked for Werner as a qualified driver at any time since
June 4, 2010 and were hired on or before July 14, 2023.
What are my options?
Stay in the Class: You do not have to do or pay anything
to be part of the Class. If you remain in the Class, you
will be bound by any judgment or settlement and may be
entitled to compensation if Plaintiffs prevail or a
settlement is reached. You will give up the right to
participate in any other action based on the same conduct.
Exclude yourself: To exclude yourself, you must mail or
email a request for exclusion to Abarca v Werner
Enterprises Inc Claims Administrator at PO Box 404081

Louisville,
KY
40233-4081
(via
mail)
or
[e-mail] (via email). To be valid,
your request for exclusion should be postmarked or
emailed by [2023 opt-out date]. The request should
contain your name, phone number, address, email
address, and signature; the name of the case; and a
statement that you wish to be excluded from the Class. If
you exclude yourself, you will not be eligible to receive
any compensation if the Plaintiffs prevail on their claims,
but you will also not be bound by the judgment or
settlement in this case.
How can I get more information? To get a copy of the
entire notice, please visit
www.TruckerClassAction.com, call [toll-free number]
or email [e-mail].

Exhibit D

Ex. D – Postcard Notice NE

If you worked as a qualified driver for Werner at any time since June 4, 2010, and were hired
on or before July 14, 2023, you are part of a certified class in a case alleging violations of
Nebraska employment law.

This Notice was authorized by the Court. Please read
it carefully. Your legal rights may be affected.
The purpose of this Notice is to inform you that you may
be part of a certified class in Ezequiel Olivares Abarca,
et al. v. Werner Enterprises, Inc., et al., Case No. 8:14cv-003190JFB-MDN (D. Neb.) (the “Lawsuit”).
What is the Lawsuit about? The Lawsuit claims that
Werner violated the Nebraska Wage and Hour Act and
the Nebraska Wage Payment and Collection Act in
several ways: (1) Werner’s mileage-based pay system
failed to compensate drivers for all hours worked; and (2)

Werner took unlawful deductions from drivers’ wages.
The Lawsuit seeks unpaid wages, penalties, and interest.
The Court has not yet determined who wins the Lawsuit.
Who is in the Class? On March 20, 2018, the Court
ordered that the Lawsuit may proceed as a class action on
behalf of all truck drivers who worked or work as
qualified drivers for Werner at any time since June 4,
2010. On July 18, 2023, the Court modified the classes
to exclude drivers who were hired after July 14, 2023.
Generally, you are included in the lawsuit if you worked
for Werner as a qualified driver at any time since June 4,
2010, and you were hired on or before July 14, 2023.

What are my options?
Stay in the Class: You do not have to do or pay anything
to be part of the Class. If you remain in the Class, you
will be bound by any judgment or settlement and may be
entitled to compensation if Plaintiffs prevail or a
settlement is reached. You will give up the right to
participate in any other action based on the same conduct.
Exclude yourself: To exclude yourself, you must mail or
email a request for exclusion to Abarca v Werner
Enterprises Inc. Claims Administrator at PO Box 404081
Louisville,
KY
40233-4081
(via
mail)
or
[e-mail] (via email). To be valid,
your request for exclusion should be postmarked or
emailed by [2023 opt-out date]. The request should
contain your name, phone number, address, email
address, and signature; the name of the case; and a
statement that you wish to be excluded from the Class. If

you exclude yourself, you will not be eligible to receive
any compensation if the Plaintiffs prevail on their claims,
but you will also not be bound by the judgment or
settlement in this case.
How can I get more information? To get a copy of the
long form notice, you can visit
www.TruckerClassAction.com, call [toll-free number]
or email [e-mail].

Exhibit E

Ex. E – Long Form Notice - CA New Class Members

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EZEQUIEL OLIVARES ABARCA v. WERNER ENTERPRISES, INC., et al.
Case No. 8:14-cv-00319-JFB-MDN
NOTICE OF PENDENCY OF CLASS ACTION
This Notice was authorized by the Court. This is not a solicitation. You are not being sued.
Please read carefully. Your legal rights may be affected.
INTRODUCTION
The purpose of this notice is to: (1) inform you of the existence of a certified class action
lawsuit filed against Werner Enterprises, Inc. and Drivers Management, LLC (collectively,
“Werner”); and (2) advise you of how your rights may be affected by this lawsuit. This notice also
provides instructions for how you can exclude yourself from the lawsuit if you do not wish to be
a part of the class. If you worked as a qualified driver for Werner at any time since June 4,
2010, and were hired on or before July 14, 2023, you are part of a certified class in this case.
DESCRIPTION OF LAWSUIT
This case (the “Lawsuit”) was originally filed on June 4, 2014 in the Superior Court of
California, County of Alameda and was later removed to federal court and transferred to the
District of Nebraska. The Plaintiffs in the Lawsuit are Ezequiel Olivares Abarca, Alfredo Alesna
Jr., David Cagle, Stephen Davis, Frank Eads, William Smith, and Kenneth Surman. Plaintiffs have
alleged that Werner violated both Nebraska and California Law in several ways: (1) Werner’s
mileage-based pay system failed to compensate drivers for all hours worked; and (2) Werner took
unlawful deductions from drivers’ wages. Plaintiffs also allege the wage statements provided to
drivers did not comply with California law, that drivers were not provided meal and rest breaks
required by California law while working in California, and Werner’s labor practices violate
California’s unfair competition law. The Lawsuit seeks unpaid wages, penalties, and interest.
The Court has not determined who wins the Lawsuit, but has dismissed the California class’
meal and rest break claims. The sole purpose of this notice is to inform you of the Lawsuit so that
you may make an informed decision as to whether you wish to remain in or opt out of this class
action.
DEFINITION OF THE CLASS
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Ex. E – Long Form Notice - CA New Class Members
On March 20, 2018, the Court ordered that the Lawsuit may proceed as a class action on
behalf of two classes:
1) All qualified truck drivers who, while residing in California and working for Werner,
picked up or dropped off at least one load in California at any time since June 4, 2010.
The claims on behalf of this class are only for work performed in California.
2) All truck drivers who worked or work as qualified drivers for Werner at any time since
June 4, 2010.
On July 18, 2023, the Court modified the class definitions to exclude drivers who were
hired after July 14, 2023.
Generally, you are included in the certified class if you worked for Werner as a qualified
driver at any time since June 4, 2010 and you were hired on or before July 14, 2023.
CLASS MEMBER RIGHTS
Join the Class: You do not have to do or pay anything to be part of the class and you do
not have to do anything at this time to confirm that you are a member of the class. Class Counsel,
whose contact information is listed below, will represent the class in the Lawsuit at no out-ofpocket cost to you. If you wish, you may also hire your own counsel to represent you and
participate in this Lawsuit on your behalf.
If you remain in the class, you will be bound by any judgment or settlement reached in this
Lawsuit and may be entitled to compensation if Plaintiffs prevail or a settlement is reached on
behalf of the class. You will also give up the right to bring or participate in any action based upon
the same conduct that may be alleged in the Lawsuit against Werner.
Exclude Yourself: You have the right to exclude yourself from the class and this Lawsuit.
If you wish to exclude yourself from the class and not participate in this Lawsuit, you must mail
or e-mail a request for exclusion to the Claims Administrator:
Abarca v Werner Enterprises Inc
Claims Administrator
PO Box 404081
Louisville, KY 40233-4081
[e-mail]

2

Ex. E – Long Form Notice - CA New Class Members
To be valid, your request should contain your name, phone number, address, email address, and
signature; the name of the case; and a statement that you wish to exclude yourself from the class.
You are not required to provide any reason for your decision. For your request to be valid, it must
be postmarked no later than [date]. If you exclude yourself from the class, you will not be eligible
to receive any compensation if Plaintiffs prevail on their claims, but you will also not be bound by
the judgment or settlement in this case.
CLASS COUNSEL
The Court has found that the lawyers listed below are adequate to represent the class in
this Lawsuit. If you have any questions regarding this notice or the Lawsuit, please contact any
of the following attorneys, who represent Plaintiff and the class:
James Kan
Raymond A. Wendell
Mengfei Sun
GOLDSTEIN, BORGEN, DARDARIAN & HO
300 Lakeside Drive, Suite 1000
Oakland, CA 94612
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Website: http://www.gbdhlegal.com

Justin L. Swidler
[e-mail]
Richard S. Swartz
[e-mail]
SWARTZ SWIDLER LLC
9 Tanner Street, Ste. 101
Haddonfield, NJ 08033
Tel: [phone]
Fax: [phone]
Website: http://www.swartz-legal.com

EXAMINATION OF PAPERS
This notice does not fully describe the Lawsuit. You may inspect the Court’s files at the
United States District Court for the District of Nebraska, Roman L. Hruska Federal Courthouse,
111 South 18th Plaza, Suite 1152, Omaha, NE 68102, from 9:00 a.m. to 4:00 p.m., Monday
through Friday (https://www.ned.uscourts.gov).
NOTICE IN ACCORDANCE WITH LOCAL CIVIL RULE 23.1(b)
All documents sent to the Court by any class member, including any letter or document
expressing a class member's desire to be excluded from the class and any objection to a proposed
settlement, voluntary dismissal, or compromise, are filed electronically by the clerk and therefore
will be available for public review.
PLEASE DO NOT CONTACT THE COURT OR THE
COURT CLERK REGARDING THIS ACTION.

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Exhibit F

Ex. F – Long Form Notice – NE New Class Members

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EZEQUIEL OLIVARES ABARCA, et al. v. WERNER ENTERPRISES, INC., et al.
Case No. 8:14-cv-00319-JFB-MDN
NOTICE OF PENDENCY OF CLASS ACTION
This Notice was authorized by the Court. This is not a solicitation. You are not being sued.
Please read carefully. Your legal rights may be affected.
INTRODUCTION
The purpose of this notice is to: (1) inform you of the existence of a certified class action
lawsuit filed against Werner Enterprises, Inc. and Drivers Management, LLC (collectively,
“Werner”); and (2) advise you of how your rights may be affected by this lawsuit. This notice also
provides instructions for how you can exclude yourself from the lawsuit if you do not wish to be
a part of the class. If you worked or work as a qualified driver for Werner at any time since
June 4, 2010, and were hired on or before July 14 2023, you are part of a certified class in
this case.
DESCRIPTION OF LAWSUIT
This case (the “Lawsuit”) was originally filed on June 4, 2014 in the Superior Court of
California, County of Alameda and was later removed to federal court and transferred to the
District of Nebraska. The Plaintiffs in the Lawsuit are Ezequiel Olivares Abarca, Alfredo Alesna
Jr., David Cagle, Stephen Davis, Frank Eads, William Smith, and Kenneth Surman. Plaintiffs have
alleged that Werner violated the Nebraska Wage and Hour Act and the Nebraska Wage Payment
and Collection Act in several ways: (1) Werner’s mileage-based pay system failed to compensate
drivers for all hours worked; and (2) Werner took unlawful deductions from drivers’ wages. The
Lawsuit seeks unpaid wages, penalties, and interest.
The Court has not determined who wins the Lawsuit. The sole purpose of this notice is to
inform you of the Lawsuit so that you may make an informed decision as to whether you wish to
remain in or opt out of this class action.

DEFINITION OF THE CLASS
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Ex. F – Long Form Notice – NE New Class Members

On March 20, 2018, the Court ordered that the Lawsuit may proceed as a class action on
behalf of all truck drivers who worked or work as qualified drivers for Werner at any time since
June 4, 2010. On July 18, 2023, the Court modified the Classes to exclude drivers hired after July
14, 2023.
Generally, you are included in the certified class if you worked for Werner as a qualified
driver at any time since June 4, 2010 and you were hired on or before July 14, 2023.
CLASS MEMBER RIGHTS
Join the Class: You do not have to do or pay anything to be part of the class and you do
not have to do anything at this time to confirm that you are a member of the class. Class Counsel,
whose contact information is listed below, will represent the class in the Lawsuit at no out-ofpocket cost to you. If you wish, you may also hire your own counsel to represent you and
participate in this Lawsuit on your behalf.
If you remain in the class, you will be bound by any judgment or settlement reached in this
Lawsuit and may be entitled to compensation if Plaintiffs prevail or a settlement is reached on
behalf of the class. You will also give up the right to bring or participate in any action based upon
the same conduct that may be alleged in the Lawsuit against Werner.
Exclude Yourself: You have the right to exclude yourself from the class and this Lawsuit.
If you wish to exclude yourself from the class and not participate in this Lawsuit, you must mail
or e-mail a request for exclusion to the Claims Administrator:
Abarca v Werner Enterprises Inc
Claims Administrator
PO Box 404081
Louisville, KY 40233-4081
[e-mail]
To be valid, your request should contain your name, phone number, address, email address, and
signature; the name of the case; and a statement that you wish to exclude yourself from the class.
You are not required to provide any reason for your decision. For your request to be valid, it must
be postmarked no later than [date]. If you exclude yourself from the class, you will not be eligible
to receive any compensation if the Plaintiffs prevail on their claims, but you will also not be bound
by the judgment or settlement in this case.
CLASS COUNSEL
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Ex. F – Long Form Notice – NE New Class Members

The Court has found that the lawyers listed below are adequate to represent the class in this
Lawsuit. If you have any questions regarding this notice or the Lawsuit, please contact any of the
following attorneys, who represent Plaintiff and the class:
James Kan
Raymond A. Wendell
Mengfei Sun
GOLDSTEIN, BORGEN, DARDARIAN & HO
300 Lakeside Drive, Suite 1000
Oakland, CA 94612
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Website: http://www.gbdhlegal.com

Justin L. Swidler
[e-mail]
Richard S. Swartz
[e-mail]
SWARTZ SWIDLER LLC
9 Tanner Street, Ste. 101
Haddonfield, NJ 08033
Tel: [phone]
Fax: [phone]
Website: http://www.swartz-legal.com

EXAMINATION OF PAPERS
This notice does not fully describe the Lawsuit. You may inspect the Court’s files at the
United States District Court for the District of Nebraska, Roman L. Hruska Federal Courthouse,
111 South 18th Plaza, Suite 1152, Omaha, NE 68102, from 9:00 a.m. to 4:00 p.m., Monday
through Friday (https://www.ned.uscourts.gov).
NOTICE IN ACCORDANCE WITH LOCAL CIVIL RULE 23.1(b)
All documents sent to the Court by any class member, including any letter or document
expressing a class member's desire to be excluded from the class and any objection to a proposed
settlement, voluntary dismissal, or compromise, are filed electronically by the clerk and therefore
will be available for public review.
PLEASE DO NOT CONTACT THE COURT OR THE
COURT CLERK REGARDING THIS ACTION.

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