Joseph Kimbo v. MXD Group, Inc., et al.,

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNA

CASE NO. 2:19-CV-00166-WBS-KJN

PLEASE READ THIS WEBSITE CAREFULLY. 

IF YOU ARE OR WERE A MOTOR CARRIER OWNER WHO DIRECTLY CONTRACTED WITH AND PROVIDED TRANSPORTATION SERVICES TO RYDER LAST MILE, INC. (f/k/a MXD GROUP, INC.) AND RYDER SYSTEM, INC. IN CALIFORNIA IN YOUR INDIVIDUAL CAPACITY OR THROUGH A BUSINESS ENTITY AT ANY TIME FROM DECEMBER 12, 2014 THROUGH JULY 26, 2020, THIS CLASS ACTION SETTLEMENT MAY AFFECT YOUR LEGAL RIGHTS. 

IF YOU DID NOT CONTRACT WITH RYDER LAST MILE, INC. (f/k/a MXD GROUP, INC.) AND ARE A NON-OWNER DRIVER AND/OR HELPER ENGAGED BY MOTOR CARRIER COMPANIES TO OPERATE THEIR COMMERCIAL MOTOR VEHICLES AND AUTHORIZED TO PROVIDE TRANSPORTATION SERVICES FOR RYDER LAST MILE (f/k/a MXD GROUP, INC.) AND RYDER SYSTEM, INC. AT ANY TIME FROM DECEMBER 12, 2014 THROUGH JULY 26, 2020, THIS CLASS ACTION MAY AFFECT YOUR LEGAL RIGHTS.  

A proposed class action settlement (the “Settlement”) has been reached in the above-captioned action (the “Civil Action”) pending in the United States District Court for the Eastern District of California (the “Court”) between Plaintiff Joseph Kimbo (“Plaintiff”) and Defendants Ryder Last Mile, Inc. (f/k/a MXD Group, Inc.) and Ryder System, Inc. (“Defendants”).  

The purpose of this website of Class Action and PAGA Settlement is to briefly describe the Civil Action, and to inform you of your rights and options in connection with it and the proposed Settlement. The proposed Settlement will resolve all claims in the Civil Action.  It is important that you read this website carefully as your rights may be affected by the Settlement.  

AS A CLASS MEMBER, YOU ARE ELIGIBLE TO RECEIVE AN INDIVIDUAL SETTLEMENT PAYMENT AND WILL BE BOUND BY THE RELEASED CLASS CLAIMS DESCRIBED ON THIS WEBSITE AND THE SETTLEMENT AGREEMENT FILED WITH THE COURT, UNLESS YOU SUBMIT A VALID AND TIMELY WRITTEN OPT OUT TO BE EXCLUDED FROM THE CLASS AND THE SETTLEMENT. 

IN ADDITION, THIS PROPOSED SETTLEMENT RELEASES CLAIMS UNDER THE PRIVATE ATTORNEYS GENERAL ACT (PAGA). UNDER THE PROPOSED SETTLEMENT, PAYMENTS WILL BE MADE TO CLASS MEMBERS WHO ARE WITHIN THE LIMITATIONS PERIOD FOR THE PAGA CLAIMS. AS DISCUSSED IN FAQ 7, THESE INDIVIDUALS ARE CALLED THE “PAGA GROUP.” IF YOU ARE IN THE PAGA GROUP, YOU ARE ELIGIBLE TO RECEIVE A PAGA PAYMENT SHARE UNDER THE SETTLEMENT AND WILL BE BOUND BY THE RELEASED PAGA CLAIMS DESCRIBED ON THIS WEBSITE AND IN THE SETTLEMENT AGREEMENT FILED WITH COURT.  YOU CANNOT REQUEST TO BE EXCLUDED FROM THE RELEASE OF RELEASED PAGA CLAIMS, REGARDLESS OF WHETHER YOU SUBMIT A VALID OPT OUT FROM THE CLASS.

Your legal rights are affected whether you act or don’t act. Read this website carefully.



YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT


DO NOTHING AND AUTOMATICALLY RECEIVE AN INDIVIDUAL SETTLEMENT PAYMENT

To receive a payment from the Settlement, you do NOT have to do anything. You will receive compensation, but lose rights to sue separately.

If you do nothing, you will be considered a Settlement Class Member and will receive a proportionate share of the Settlement.  You will be bound by the terms of the Settlement and also give up any rights to pursue a separate legal action against Defendants and/or any of the Released Parties for the same or similar legal claims in this lawsuit as detailed in the Released Class Claims and Released PAGA Claims.

SUBMIT PROOF OF COSTS FOR PAYMENT FROM THE CLAIMS COMPENSATION FUND

If you are a Class Member who has had to personally pay costs, charges, fees, or expenses (collectively “costs”) and/or has an enforceable judgment on claims made against you arising out of providing transportation and delivery services for Ryder Last Mile, Inc. (f/k/a MXD Group, Inc.) and Ryder System, Inc. in California between December 12, 2014 through July 26, 2020, you may be eligible to share in the Claims Compensation Fund.

To share in the Claims Compensation Fund, you must provide Proof of Costs to the Settlement Administrator before expiration of the Response Deadline showing that: (a) you had one or more claim(s) made against you arising out of work performed in connection with making deliveries for Ryder Last Mile, Inc. (f/k/a MXD Group, Inc.) and Ryder System, Inc.; (b) you paid the costs on one or more claim(s) and/or have an enforceable judgment against you to pay such costs; and (c) the amount paid and/or of the judgment. The Claims Compensation Fund will be distributed as described in FAQ 7 and the amount paid to each Motor Carrier Class Member shall be a supplemental payment that will be added to his or her Individual Settlement Payment. In the event of an unpaid judgment, the Settlement Administrator shall make the check payable to the payee of the underlying judgment, on behalf of the Settlement Class Member.

ASK TO BE EXCLUDED

To exclude yourself from the Class and Settlement, you must send a written request to be excluded (“Opt Out”) to the Settlement Administrator, as described in  FAQ 12. 

If you ask to be excluded from the Class and Settlement, you will not receive an Individual Settlement Payment, will not be a member of the Settlement Class, and you will not be able to make an Objection whether in writing, orally, by appeal or otherwise.  However, you will retain the right to file a separate legal action.  Please be aware that there are time limits for you to file a claim separately. 

As discussed in FAQ 7, please also be aware that the Released PAGA Claims with respect to the PAGA Group are binding on the PAGA Group regardless of a valid Opt Out from the Class.  If you are in the PAGA Group, you will still receive your PAGA Payment Share and will release the Released PAGA Claims even if you ask to be excluded from the Settlement. 

OBJECT TO THE SETTLEMENT

Tell the Court why you don’t like the Settlement.

If you believe the Settlement is unfair or you do not agree with the Settlement in any respect, you may object to the Settlement by submitting a written Objection to the Settlement Administrator as explained in FAQ 19.  You must remain a member of the lawsuit to object to the Settlement.  This means you cannot object to the Settlement if you also are asking to Opt Out.

  • These rights and options—and the deadlines to exercise them—are explained on this Website.
  • The Court in charge of this case still has to decide whether to grant final approval of the Settlement.  The payments described on this Website will be made to you only if the Court approves the Settlement and after all appeals, if any, are resolved.  The Court has not ruled on the merits of the Plaintiff’s claims or Defendants’ defenses.
This website is authorized by the Court, supervised by counsel and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 1-844-367-8805

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Important Dates

  • Exclusion Deadline

    Monday, December 28, 2020
    You must complete and mail your request for exclusion so that it is postmarked no later than Monday, December 28, 2020.
  • Objection Deadline

    Monday, December 28, 2020
    You must mail your objection(s) and/or notice of intent to appear at the Final Fairness and Approval Hearing so that it/they are postmarked no later than Monday, December 28, 2020. 
  • Final Fairness and Approval Hearing Date

    Monday, February 8, 2021
    The Final Fairness and Approval Hearing is scheduled for Monday, February 8, 2021. Please check this website for updates.

Important Documents

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