On November 4, 2011, the Court consolidated our nationally certified suit with the Dunakin suit out of Oregon. With the Court's Order, UPS-SCS now faces over 800 plaintiffs in a single action. Despite the fact that the two cases are now one, the Carrera plaintiffs will continue to be represented by Morgan & Morgan, P.A. while the Dunakin plaintiffs will be represented by Leonard Carder, LLP. The two firms will work together in order to ensure the most effective representation for all the employees involved in this suit.
Now that the two lawsuits are one, the Court is going to re-work some of the deadlines so that the parties can continue with final motions for certification and eventually move forward to a trial where we will show that UPS-SCS's drivers were employees entitled to all the overtime that they worked. Please check back for updates and we appreciate your patience in this matter.
Despite Plaintiff's (both Oregon and Florida) counsel's best efforts at a settlement conference conducted with Untied States Magistrate O'Sullivan on September 22, 2011, the matter was not settled. The Parties met for several hours with the Judge in an effort to reach a resolution but UPS continues to take the position that it properly classified its couriers as independent contractors, and therefore, does not have to provide its drivers with proper minimum wage and overtime compensation. We could not disagree with their position more. Therefore, given UPS's position, we will continue to litigate the case and move forward with depositions, discovery, and motions so that we can prove to UPS and the Court that those couriers working for UPS-SCS are in fact owed substantial wages for their time and effort on behalf of the company. We are currently waiting on an Order from the Court which combines both the Oregon and Florida cases into one action before proceeding forward. Once we receive that Order, we can move forward as planned.
Stay tuned for updates as they happen.
It's been a busy few months since the Court granted our Motion for nationwide certification of this case as a collective action. In that time, we have added hundreds of additional plaintiffs to the lawsuit from 37 states across the US.
The other major development is that another case pending against UPS-SCS has been transferred to South Florida. The Dunakin case, which was filed after our case and was in Oregon, is now consolidated, or combined, with our case down here in South Florida. Between the two cases, there are roughly 800 participating UPS-SCS drivers.
Within the next month, we will be sitting down with representatives for UPS-SCS for a court-ordered settlement conference. During that meeting, which will be supervised by U.S. Magistrate James O'Sullivan, the parties will see if there is some settlement that can be reached before we continue further with discovery (exchange of documents, depositions, etc.) and further litigation. We are hopeful that an agreement can be reached and we will let you know what happens after the conference. If we do not resolve this case at the conference, the parties will move forward with the filing of documents called "Summary Judgment Motions" and each side will ask the Court for a determination as to whether you should be classified as employees or independent contractors.
Should you have any questions then you can always contact us but in the meantime, we appreciate your patience and your trust in our firm. Stay tuned for more updates coming in the near future.
On March 31, 2011, the United States District Court for the Southern District of Florida (Judge Lenard) entered an Order overruling UPS-SCS' objections to certification of this case as a nationwide collective/class action and has ordered UPS-SCS to turn over a list of all couriers who worked for UPS-SCS during the last three years who were classified as "independent contractors." Each person on this list will receive a letter and enclosed consent form offering them the opportunity to join this case and proceed on their respective claims for unpaid minimum wages and overtime. A copy of the Court's Order is linked below, as well as the proposed Consent Form to Join this action. If you have any questions, feel free to call our firm at 866-344-9243. The law prohibits the Defendant, UPS-SCS, from retaliating you in any way for pursuing your right to overtime and minimum wage damages.
On February 23, 2010, the law firm of Morgan and Morgan filed a federal lawsuit in Miami, Florida, styled Carrera, et. al vs. UPS SUPPLY CHAIN SOLUTIONS, INC. ("SCS"), on behalf of a group of delivery drivers ("drivers") employed by SCS around the country. The lawsuit , challenges SCS' misclassification of drivers as independent contractors. The lawsuit is seeking back pay and liquidated (double) damages from the Defendants, as well as reimbursement for other personal expenses incurred by drivers as a result of their employment with SCS. Further, Morgan and Morgan is requested that all attorneys' fees and costs be paid directly by SCS and not the drivers. On March 19, 2010, Plaintiffs filed a motion seeking nationwide class certification. No other cases around the country have filed such as motion to date. On June 2, 2010, the Carrera Court heard oral arguments regarding nationwide class certification. Assuming the Court grants class certification, the law firm of Morgan and Morgan will send court authorized notices to all potential plaintiffs so that they can participate in the Carrera lawsuit in the Southern District. Any other notice you may receive or have received is not court authorized and is nothing other than a direct solicitation from another law firm who secured your personal contact information from another case. This solicitation, however, has unfortunately caused confusion among participating SCS drivers. We anticipate that the appropriate court will address these soliciations shortly and will clarify any existing confusion.
Recently, SCS, asked a Multi-District Litigation Panel ("MDL") to consolidate an Oregon case that was filed after this case was filed here in the Southern District of Florida. We do not oppose the consolidation and believe that the Southern District of Florida is the more appropriate venue based upon the convenience and availability of material witnesses and evidence. If the Court grants the consolidation as we expect , the case in Oregon will be transferred to the Southern District of Florida. The court has not ruled on the MDL Motion to Transfer to date.
Below are copies of the links to the Complaint, Motion for Class Certification , and various other motions filed in the Carrera case that Plaintiffs and/or potential plaintiffs may find interesting. Additionally, we have posted a copy of the appropriate consent form for you to fill out if you desire to join this action. Thus, anyone who is interested in participating in this lawsuit should call Morgan and Morgan. Even if you participated in the California lawsuit, you still may be eligible to participate in the second lawsuit filed in Miami, Florida.
For more information on the law firm of Morgan & Morgan please visit www.usovertimelawyers.com.