NOTICE OF SETTLEMENT

YOU MAY BE ENTITLED TO RECEIVE MONEY FROM A CLASS ACTION SETTLEMENT WITH ADVANCE TRANSPORTATION SYSTEMS, LLC. This notice contains important information concerning your legal rights in connection with work you may have performed as a truck driver for Advance Transportation Systems, LLC.
Please read it carefully.

This is not an advertisement or solicitation. The United States District Court for the Northern District of Illinois (the “Court”) authorized us to send you this notice.

WHAT IS THIS ABOUT?

This notice concerns a proposed class action settlement in a lawsuit entitled Samuel Kofi Andrews, et al. v. Advance Transportation Systems, LLC, et al., Case No. 1:22-cv-01705. You received this notice because the parties identified you as someone who may be eligible to receive money from that settlement and whose legal rights will be affected by these proceedings.

Plaintiff Samuel Kofi Andrews originally brought the lawsuit for himself and all others similarly situated claiming that Defendants Advance Transportation Systems, LLC, and Aleksandar Kostidanov violated the federal Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et seq., and the Illinois Wage Payment and Collection Act (“IWPCA”), 820 ILCS 1151/1, et seq., by failing to pay all wages owed and by taking improper deductions from drivers’ compensation.

AM I AFFECTED BY THE SETTLEMENT?

If approved by the Court, the proposed settlement would affect every individual who has, at any time between April 1, 2012, and January 30, 2024, performed commercial truck driving services for Advance Transportation on an independent contractor basis and who have had deductions taken from their compensation, but who have not leased trucks or made lease payments to Advance Transportation or to any of Advance Transportation’s related entities. If you meet that definition, this proposed settlement will affect your rights.

YOUR OPTIONS.

PARTICIPATE

To receive money from the settlement you must submit the claim form included with this notice. If you submit a claim form and the Court approves the settlement, you will receive a payment. See SECTION 6(a) for more information.

DO NOTHING

If you do nothing, you will not receive a payment from the settlement but your rights in connection with the lawsuit will be affected. See SECTION 2 for more information.

OPT OUT

You have the right to exclude yourself from the settlement. This is called “opting out.” By opting out, you will not receive a payment from the settlement but your rights in connection with the lawsuit will not be affected. See SECTION 6(b) for more information.

OBJECT

You have the right to object to the settlement. See SECTION 6(c) for more information. Please note, however, that you must submit a claim form to receive payment even if you object to the settlement (in the event the Court overrules your objection).

WHAT ARE THE BENEFITS AND TERMS OF THE SETTLEMENT?

Advance Transportation has agreed to pay $250,000 to settle the lawsuit. From that sum, and assuming Court approval, the parties propose to pay: (a) up to one-third (33%, or $83,333) to Andrews’ attorneys (“Class Counsel”) for their fees; up to $13,000 to Class Counsel for their litigation costs; $7,000 to Andrews as a service award to compensate him for his time, effort, and the risks he incurred bringing this case; and the costs of retaining a third-party company to administer the settlement process (currently estimated at $6,570). All remaining funds – called the “net settlement amount” – will be distributed to the class members who timely return a completed claim form.

Your estimated settlement payment is based on certain “covered deductions” taken from your compensation during your time working for Advance Transportation. Specifically, your estimated settlement payment has been calculated based on the deductions taken from your compensation for (i) escrow deductions less any returned escrow funds; (ii) occupational accident insurance; (iii) repairs, maintenance, damage, and similar items; and (iv) pets and students. The total sum of these deductions was then compared to the total deductions taken from the compensation of every individual who meets the settlement class definition, and your estimated settlement payment represents a proportional or “pro rata” share of that total sum. For example, if your total covered deductions represents 1 percent of the total covered deductions for the entire settlement class, your estimated individual settlement payment will equal 1 percent of the net settlement amount.

Your settlement payment is considered taxable, non-wage income and will be reported on an IRS Form 1099-MISC as “other income.” Please complete the enclosed IRS Form W-9 and return it to the administrator with your claim form. If you have specific questions concerning the tax treatment of your settlement payment, please consult with an accountant or other tax advisor.

WHAT RIGHTS WILL BE AFFECTED BY THE SETTLEMENT?

If you submit a claim form or do nothing, and the Court approves the settlement, then you will be deemed to have released and waived all claims based upon or that arise out of the facts, acts, transactions, occurrences, events, or omissions alleged in the lawsuit and that arose at any time between April 1, 2012, and January 30, 2024, including, but not limited to, all claims, rights, demands, liabilities, and causes of action for wages, misclassification, hours worked, and improper deductions that were or could have been asserted under federal, state, local, or other applicable law by or on behalf of the proposed settlement class in the lawsuit. Such released claims include all claims under any federal, state, or local wage and hour laws, including claims under the IWPCA, 820 ILCS 115, et seq., whether known or unknown, suspected or unsuspected, asserted or unasserted, accrued or unaccrued, liquidated or unliquidated, of any kind whatsoever for wages, damages, unpaid costs, penalties, liquidated damages, treble damages, punitive damages, interest for unpaid wages, any related wage and hour claims, all related derivative benefit claims (both ERISA and non-ERISA benefits), interest on such claims, and attorney’s fees and costs related to such claims, whether at common law, pursuant to statute, ordinance, or regulation, in equity or otherwise, from April 1, 2012, to January 30, 2024.

HOW DO I …

RECEIVE MONEY FROM THE SETTLEMENT?

To receive money from the settlement, you must complete, sign, and return the claim form that accompanies this notice. CLAIM FORMS MUST BE RECEIVED BY NO LATER THAN AUGUST 2, 2024. You can submit a claim form online at ADVANCETRANSPORTSETTLEMENT.COM or by mail, e-mail, or fax to:

ADVANCE TRANSPORTATION SETTLEMENT
C/O OPTIME ADMINISTRATION, LLC
PO BOX 3206
BROCKTON, MA 02304
844-625-7313
FAX 781-287-0381
[email protected]

EXCLUDE MYSELF FROM THE SETTLEMENT?

If you wish to be excluded from the settlement, you must submit a written statement to the administrator by mail, e-mail, or fax. ALL EXCLUSION REQUESTS MUST BE RECEIVED BY NO LATER THAN AUGUST 2, 2024. Your exclusion request must (i) be dated and signed; (ii) include your full name, address, telephone number, and e-mail address (if applicable); and (iii) contain a statement that you wish to exclude yourself from this settlement and that, by doing so, you understand you will not be eligible to receive any money in connection with the settlement. You can submit your exclusion request to the administrator by mail, e-mail, or fax:

ADVANCE TRANSPORTATION SETTLEMENT
C/O OPTIME ADMINISTRATION, LLC
PO BOX 3206
BROCKTON, MA 02304
844-625-7313
FAX 781-287-0381
[email protected]

OBJECT?

If you meet the settlement class definition and do not request exclusion, you may object to the terms of the settlement. If you object and the settlement is approved, you will be barred from bringing your own lawsuit asserting claims described in Section 5; you will also be bound by the final judgment and release and all orders entered by the Court. If you object, you may, but are not required to, enter an appearance through counsel of your choice. If you do, you will be responsible for your own attorneys’ fees and costs.

To object to the settlement, you must submit a written statement that includes: (i) your full name, address, telephone number, and e-mail address (if applicable); (ii) an explanation of all grounds for your objection; (iii) a copy of any papers, memoranda, briefs, or other documents upon which your objection is based; (iv) a statement as to whether you intend to appear at the final fairness and approval hearing; and (v) whether you have retained a lawyer to represent you (along with the lawyer’s name and contact information). The objection must also be signed by you and dated. ALL OBJECTIONS MUST BE RECEIVED BY AUGUST 2, 2024. The Court may decline to evaluate any objections received after that date.

If you object to the settlement but would like to receive a settlement payment in the event the Court overrules your objection, you must complete and submit the claim form accompanying this notice by AUGUST 2, 2024. If you submit an objection and do not submit a claim form, and the Court overrules your objection, you will receive nothing from the settlement but will still be bound by the release of claims described in Section 5.

WHO IS CLASS COUNSEL? HOW DO I CONTACT THEM?

The attorneys representing Andrews and the proposed settlement class are:

If you have questions about the lawsuit or the proposed settlement, please contact Brant Casavant at 617-231-6777 or at [email protected].

WHEN AND WHERE IS THE APPROVAL HEARING?

The Court will hold a hearing at 12:30 p.m. Central Time on September 13, 2024, to decide whether the proposed settlement is fair, reasonable, and adequate and should be approved. The hearing will take place telephone conference. You are welcome to attend the hearing but are not obligated to do so. If you would like to appear the hearing, please contact Brant Casavant at 617-231-6777 or at [email protected]; he will provide you with the necessary dial-in information.

WHAT HAPPENS IF THE COURT APPROVES OR DOES NOT APPROVE THE SETTLEMENT?

If the Court approves the settlement, the lawsuit will be dismissed with prejudice on the merits as to all settlement class members who have not timely submitted requests for exclusion. This means that any settlement class member who does not timely request exclusion from the settlement will be subject to the release of claims described in Section #.

If the Court does not approve the settlement, the case will proceed as if no settlement had been reached. This means that the case will proceed in litigation and may or may not result in a decision to grant class certification. Continued litigation may result in the individuals who are subject to the proposed settlement receiving less than is provided for in this settlement, more than is provided for in this settlement, or nothing at all.

WHO SHOULD I CONTACT FOR MORE INFORMATION?

If you have questions about the settlement, you can contact the administrator at the information below:

ADVANCE TRANSPORTATION SETTLEMENT
C/O OPTIME ADMINISTRATION, LLC
PO BOX 3206
BROCKTON, MA 02304
844-625-7313
FAX 781-287-0381
[email protected]

You can also contact Class Counsel by phone at 617-231-6777 or by e-mail at [email protected].

DO NOT CONTACT THE COURT REGARDING THIS MATTER.