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2726 S. Brentwood Blvd. St. Louis MO 63144

Notice of Class Action Settlement and Hearing (Henry Industries, Inc.)

IN THE CIRCUIT COURT OF ST. LOUIS COUNTY

TWENTY FIRST JUDICIAL CIRCUIT

STATE OF MISSOURI

JAMES HOSE, SYLVESTER JONES,

individually, and as representatives of a

class of similarly situated persons,

Plaintiffs,

Cause No. 14SL-CC00949

v.

Division No. 10

HENRY INDUSTRIES, INC.,

Defendant.

NOTICE OF CLASS ACTION SETTLEMENT AND HEARING

YOU MAY BE ENTITLED TO BENEFITS FROM THIS SETTLEMENT

As your rights may be affected, it is extremely important

that you read this Notice carefully.

  • WHY DID I GET THIS NOTICE?

You received Notice because you may be entitled to share in a settlement involving claims raised in this class action lawsuit. A settlement has been reached and the Circuit Court for St. Louis County, Missouri (the "Court") granted preliminary approval of the Settlement Agreement outlined below. The Court has ordered Notice be sent to you because it is believed you are part of the Settlement Class, meaning you were a contract driver with Henry Industries, Inc. ("Henry") who performed pharmaceutical deliveries in the State of Missouri and did not receive overtime premium compensation for hours worked in excess of forty (40) hours per workweek between November 27, 2011 and August 1, 2017 (the "Settlement Class Period"). If that is correct, the information contained in this notice affects your legal rights. The purpose of this notice is to: (a) provide a brief description of the lawsuit; (b) inform you of the proposed settlement; and (c) discuss your rights and options with respect to the Lawsuit and Settlement. Please read this Notice carefully because you may be entitled to money and/or other benefits under this Settlement.

  • YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

DO NOTHING

You will receive a payment from the Settlement automatically if you are a member of the class.

EXCLUDE YOURSELF

Ask the Court to exclude you from the Settlement and receive no payment from the Settlement.

OBJECT

You will remain a member of the Class, but will write to the Court and tell why you do not like the settlement.

  • WHAT IS THE LAWSUIT ABOUT?

A class action is a lawsuit in which the claims and rights of many people are decided in a single court proceeding. One or more representative plaintiffs, also known as Settlement Class Representatives, assert claims on behalf of the entire settlement class. In a class action, the Court supervises the prosecution of class claims to ensure fairness. James Hose filed this class action suit ("Lawsuit") on November 27, 2013 and generally alleges that Henry misclassified its contract drivers as independent contractors and failed to pay them overtime premiums on all hours worked in excess of forty in any given workweek, in violation of Missouri's Wage and Hour laws ("MWHL").

Henry has expressly denied and continues to deny all liability or wrongdoing of any kind associated with the claims of the Lawsuit. Henry contends it complied with all federal and state wage and hour laws at all times. Henry entered into this Settlement solely for the purposes of avoiding the costs and disruption of ongoing litigation. By entering into the Settlement, Henry does not admit any liability or wrongdoing.

After extensive settlement negotiation between the parties, Plaintiffs' counsel and Henry's counsel believe that it would be in the best interests of the class to enter into this Settlement Agreement in order to avoid the uncertainties and risks of further litigation and to assure the benefits reflected herein are obtained for the class. Plaintiffs, Plaintiffs' counsel, and Henry's counsel believe the Settlement is fair, adequate, reasonable, and in the best interests of the class members.

The Court has preliminarily approved the proposed class action Settlement.

  • WHAT IS THE SETTLEMENT?

The principal terms of the Settlement reached between James Hose and Sylvester Jones ("Plaintiffs" or "Settlement Class Representatives"), on the one hand, and Henry, on the other, are summarized in this Notice.

  1. Settlement Terms

The Settlement provides, in exchange for settlement class members' release of claims and other consideration, Henry shall pay a "Settlement Payment" of Three Hundred and Sixty-Five Thousand Dollars ($365,000) to be disbursed as follows:

  • Attorneys' Fees and Costs. As part of the Settlement, Plaintiffs' counsel has agreed to accept up to one-third of the total Settlement Payment, or One Hundred and Twenty One Thousand Six Hundred Sixty Seven and Sixty Seven Cents ($121,667.67), in addition to litigation expenses. You will not be required to separately pay Class Counsel for their representation of you in this lawsuit.
  • Class Representative Enhancement Payment. For their contributions, time, and services as Settlement Class Representatives during this class action lawsuit, James Hose will receive payment of Six Thousand Dollars ($6,000) and Sylvester Jones will receive payment of Four Thousand Dollars ($4,000) (collectively, "Enhancement Payments").
  • Payments To Settlement Class Members Who Do Not Opt-Out. After deducting administrative costs, attorney's fees and expenses, and the Enhancement Payments, the remainder of the Settlement Payment will be allocated to the individuals who are eligible to be members of the Settlement Class using the general formula set forth below. Determination of membership in the Class and allocation of monetary benefits will be made based upon payroll records and documentation available to the parties (e.g., Xcelerator data, route sheets, testimony, billing invoices and other documentary evidence). The Settlement Award checks will be mailed to settlement class members who do not opt-out during the opt-out period.

Each settlement class member shall receive a check for an amount representing their proportional share based upon their percentage of the final damage calculation for all members of the settlement class including those who have elected to opt-out. For example purposes only, if a settlement class member has damages which equal 1% of the total damage calculation for all members of the settlement class (inclusive of members who opt-out), that settlement class member would be entitled to 1% of the remaining amount of the Settlement Payment after deductions for administrative costs, attorney's fees and expenses, and the Enhancement Payments. Any settlement amounts allocated to individuals in the Settlement Class who opt-out will revert to Henry.

  • Settlement Class Member Tax Matters. All allocations to settlement class members as part of this settlement will be made in the form of Form 1099 payments. Nothing contained in this Notice or in the Settlement Agreement is intended to be or should be interpreted as providing tax advice. Settlement Class Members should consult with their tax advisors concerning the tax consequences of any payment they receive.
  1. Conditions of the Settlement

This Settlement is conditioned upon the Court, at or following the Final Approval Hearing, entering an Order approving the Settlement as fair, reasonable, and adequate and in the best interests of the Settlement Class.

  1. No Admission of Liability

Henry does not admit any wrongdoing or liability, and specifically denies any liability or wrongdoing. The proposed settlement reflects a compromise of disputed claims and does not mean Henry violated any state wage requirements or is liable for any of the allegations made by Class Settlement Representatives.

  1. Accuracy of Driver Information

The estimations of overtime hours and damages in this matter are based upon payroll records and documentation available to the parties (e.g., Xcelerator data, route sheets, testimony, billing invoices and other documentary evidence). If there are any concerns about the accuracy of these records, you should contact Class Counsel prior to the Final Approval Hearing to discuss verification and/or disputes concerning the accuracy of information and records. If no objection is made to the accuracy of this information and these records, settlement class members will release and waive any right to challenge the accuracy of the information and records after the Final Approval Hearing.

  • OPTIONS AS TO ACCEPTING OR DECLINING THE SETTLEMENT

If you are an eligible member of the settlement class, you have several options, each of which will have its consequences that you should understand before making your decision. Your rights regarding each option, and the procedure you must follow to select each option, are explained below:

  1. Remain a member of the settlement class and participate in the Settlement.

If you want to participate in the Settlement, you do not need to respond to this Notice. You will automatically be considered a settlement class member unless you request to be excluded from the Settlement. If you choose to participate in the Settlement, you will be bound by all the terms set forth in the Settlement, including a full release of claims that will prevent you (or anyone suing on your behalf) from separately suing Henry for the matters being settled in this Lawsuit.

  1. You may object to or comment on the Settlement.

If you are a settlement class member and do not exclude yourself, you may object to or comment on all or part of the proposed Settlement. Objecting is not the same as excluding yourself. If you object and the proposed Settlement is approved, you will still be bound by the final judgment and your claims will be released.

You must submit your objections or comments in writing to the Clerk of the Circuit Court of St. Louis County, at the address provided below:

Attn: The Honorable Judge Michael T. Jamison, Division 10

St. Louis County Circuit Court

105 S. Central Ave.

Clayton, MO 63105

Your objections or comments must be postmarked no later than December 11, 2017.

If you chose to object or comment on the Settlement, you must do so in writing. On the first page, please include a prominent reference to the case name and number, which is included on the first page of this Notice. Your objections or comments must also include:

  • Your full name, address, and telephone number;
  • The date range(s) during which you performed pharmaceutical deliveries in the State of Missouri as a contract driver with Henry;
  • Your signature; and
  • Any supporting papers or briefs on which your objections or comments are based.

If you wish to speak at the Final Approval Hearing (described below), you must also state in your objections or comments that you intend to appear and speak at the hearing. If you do not include this statement, you will not be entitled to speak at the Final Approval Hearing.

You can enter an appearance in the lawsuit through your own legal counsel. If you do, you will be responsible for your own attorneys' fees and costs.

If you submit an objection and wish to preserve your appellate rights, you must either appear in person, through your counsel or as otherwise permitted by the Court, at the Final Approval Hearing. If you do not raise your objections according to the above procedure, you will waive all objections and have no right to appeal any aspect of the proposed Settlement.

  1. You can opt-out of the Settlement Class.

If you do not want to remain a member of the Settlement Class, you can request exclusion from the Settlement Class and opt-out of the lawsuit. You can opt-out of the Settlement Class by mailing the completed, signed "Opt-Out Form" enclosed with this Notice to the Settlement Administrator at the address provided on the Opt-Out Form, postmarked no later than December 11, 2017. This request must be signed by you. If you opt-out of the Settlement class, you will no longer be a member of the Settlement class, you will be barred from participating in this Settlement, and you will receive no payment or other benefit from this Settlement. By opting out of the Settlement Class, you will retain whatever rights or claims you may have, if any, against Henry, and you will be free to pursue them on an individual basis, if you chose to do so, at your own cost.

  • WHAT DO I GIVE UP TO GET THE PAYMENT?

As this action was brought to adjudicate violations of MWHL, once the Court enters its Final Approval Order, all Class Members who have not opted out will be bound by the terms of the Settlement Agreement. The Settlement Agreement releases and forever discharges Henry (including all of its present, former, and future officers, directors, representatives, agents, attorneys, divisions, subsidiaries, predecessors, successors, related companies, shareholders, partners, and members of all of them, and Tyler Appling) from any and all claims related to the facts or occurrences giving rise to Plaintiffs' claims that have, or could have, been brought in the Lawsuit in the past and up through to August 1, 2017, including known or unknown wage and hour claims based on the Fair Labor Standards Act ("FLSA") or state or local wage laws, failure to pay overtime, failure to provide meal periods or rest periods, failure to pay business expenses, FLSA wrongful termination, failure to pay for waiting time, failure to provide itemized wage statements, alleged misclassification of independent contractor status, and any claims for attorneys' fees, costs, interest, and statutory and civil penalties based upon Plaintiffs' wage and misclassification claims.

The complete statement of the release of claims is contained in the Settlement Agreement and is binding on all settlement class members who do not opt-out of the Settlement. A copy the Settlement Agreement may be obtained from Plaintiffs' counsel in this case.

  • DO I HAVE A LAWYER FOR THIS SETTLEMENT?

The Court has appointed Kevin J. Dolley and Jason Finkes of the Law Offices of Kevin J. Dolley, LLC and Cyrus Dashtaki of the Dashtaki Law Firm, LLC to serve as Class Counsel to represent you and the other members of the proposed Settlement class. You will not be charged for their services. If you want to be represented by your own lawyer or retain a lawyer to review the Lawsuit or Settlement, you may do so at your own expense.

You can contact Class Counsel with any questions concerning the Settlement and will not be charged for their services:

Kevin J. Dolley (Email: kevin@dolleylaw.com)

Jason Finkes (Email: jason.finkes@dolleylaw.com)

Law Offices of Kevin Dolley, LLC

2726 S. Brentwood Blvd.

St. Louis, MO 63144

Phone: (314) 645-4100

Fax: (314) 736-6216

Cyrus Dashtaki (Email: cyrus@dashtaki.com)

Dashtaki Law Firm, LLC

5201 Hampton Ave.

St. Louis, MO 63109

Phone: (314) 832-9600

Fax: (314) 353-0181

  • WHEN DOES THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?

The Court will decide whether to give final approval to the Settlement at the Final Approval Hearing. You are not required to attend the Final Approval Hearing or file an objection, although you may do both. The Final Approval Hearing on the fairness and adequacy of the proposed Settlement, the plan of distribution, costs of administration, the Enhancement Payments to Settlement Class Representatives, and Class Counsels' attorneys' fees and costs will be held on

January 19, 2018 at 1:30 PM before the Honorable Judge Michael T. Jamison in the Circuit Court for St. Louis County, 105 S. Central Ave., Clayton, MO 63105.

The Final Approval Hearing may be continued to another date without further notice. If you plan to attend the Final Approval Hearing, you may contact Class Counsel to confirm the date and time.

Any settlement class member who does not object in the manner provided above will be deemed to have approved the Settlement and to have waived any objections, and will be forever foreclosed from objecting to the fairness or adequacy of the proposed Settlement, the plan of distribution, the payment of attorneys' fees and costs, the claims process, the Enhancement Payments to Settlement Class Representatives or any other aspect of the Settlement. If the Settlement is not approved, the Lawsuit will continue to trial or other judicial resolution.

  • HOW DO I GET MORE INFORMATION?

This notice only summarizes the Lawsuit, Settlement, and related matters. For more information, you may inspect the court files from 8:00 A.M. to 5:00 P.M., Monday through Friday at the Circuit Court of St. Louis County, 105 S. Central Ave., Clayton, MO 63105. Any questions regarding this Notice or Lawsuit may be directed to Class Counsel or you may contact your own attorney, at your own expense, to advise you. The full Settlement Agreement is available upon request from Class Counsel. If your address changes, or is different than the address on the envelope enclosing this Notice, please promptly notify Class Counsel.

THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE ST. LOUIS COUNTY CIRCUIT COURT, HONORABLE JUDGE MICHAEL T. JAMISON

PLEASE DO NOT CALL OR WRITE THE COURT ABOUT THIS NOTICE,

EXCEPT TO FILE AN OBJECTION OR OPT-OUT FORM

IN THE CIRCUIT COURT OF ST. LOUIS COUNTY

TWENTY FIRST JUDICIAL CIRCUIT

STATE OF MISSOURI

JAMES HOSE, SYLVESTER JONES,

individually, and as representatives of a

class of similarly situated persons,

Plaintiffs,

Cause No. 14SL-CC00949

v.

Division No. 10

HENRY INDUSTRIES, INC.,

Defendant.

NOTICE OF OPT-OUT

I have read the Notice of Class Action Lawsuit, and understand that it explains my rights to either stay in the Lawsuit, or to exclude myself from the Lawsuit. After reading the Notice, I do not wish to be a part of the Lawsuit. I understand that I am requesting to be excluded from the class monetary settlement and that I will receive no money from the settlement fund created under the Settlement Agreement.By signing below, I acknowledge that I am voluntarily excluding myself from the Lawsuit.

Name (PLEASE PRINT):

___________________________________

Telephone Number:

________________________

Cell Phone Number:

________________________

Address:

________________________

________________________

IF YOU WISH TO OPT-OUT, THIS FORM MUST BE COMPLETED AND MAILED BY FIRST-CLASS, U.S. MAIL, POSTMARKED NO LATER THAN DECEMBER 11, 2017, TO:

Law Offices of Kevin Dolley, LLC

2726 S. Brentwood Blvd.

St. Louis, MO 63144

Categories: Class Action

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The Law Offices of Kevin J. Dolley represents clients in labor law, employment law and employment discrimination matters throughout the State of Missouri, including St. Louis, St. Louis County, St. Charles County, Boone County, Jefferson County, Lincoln County, Jackson County, Phelps County, Franklin County, Ste. Genevieve, St. Clair and the Cities of St. Louis, Kansas City, St. Charles, O'Fallon, Lake St. Louis, Hillsboro, Troy, Clayton, Rolla, Columbia, Jefferson City, Kirksville, Farmington, Cuba, Augusta, Union, Maryland Heights, Cape Girardeau and Springfield.

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