Espinal et al. v. Bob’s Discount Furniture, LLC et al.

Case No: 2:17-cv-02854-JMV-JBC

Response Deadline: January 6, 2024

If you are a driver or helper who performed deliveries brokered by RXO Last Mile, Inc., formerly known as XPO Last Mile, Inc.("RXO LM") for or on behalf of Bob's Discount Furniture, LLC ("Bob's") from April 26, 2015 to January 2017 out of a warehouse located in Edison, New Jersey or from May 1, 2017 to November 2, 2021 out of a warehouse located in Carteret, New Jersey, and worked more than forty hours per week but did not sign a contract with either RXO LM or Bob's, then you may be a member of a certified class.

A federal court authorized this Notice. It is not a solicitation from a lawyer. You are not being sued. However, your legal rights may be impacted by the class action lawsuit discussed in this Notice. Please read this Notice carefully.

A class action lawsuit is pending in the United States District Court for the District of New Jersey (the "Court") against Bob's and RXO LM (collectively "Defendants").' The lawsuit alleges that 1) delivery drivers and helpers who completed deliveries based out of warehouses located in Edison and Carteret, New Jersey that were brokered by RXO LM for or on behalf of Bob's should have been classified by Defendants as employees; 2) Defendants failed to compensate those drivers and helpers for all hours worked, including not paying overtime when those drivers and helpers worked over 40 hours per week; 3) Defendants unlawfully deducted money from the drivers' and helpers' pay; and 4) Defendants have thus been unjustly enriched at the expense of the drivers and helpers. Defendants deny any wrongdoing and assert that they do not employ the delivery drivers and helpers that make up the Class.

  • The Court decided that this lawsuit should proceed as a class action on behalf of a "Class" that could include you. The Court determined that the Class includes:

    "All individuals that were based out of Defendants' Edison and Carteret, New Jersey warehouses that performed truck driving and/or helper functions for the Defendants from April 26, 2015 through to January 2017 out of the Edison Facility and from May 1, 2017 through to the present out of the Carteret Facility, who did not have direct contracts with either Defendant, and who worked more than forty hours per week performing deliveries for Defendants."
  • RXO LM did not arrange any delivery for or on behalf of Bob's after November 2, 2021.
  • The Court has not decided whether the legal claims have merit or that the Plaintiffs who brought the lawsuit or any member of the Class may recover for these legal claims. This Notice is only to inform you that you may be part of the Class.
  • As a member of the Class, you may share in any future recovery resulting from a favorable judgment or by settlement of this Class Action, but you will give up your rights to sue Defendants in a separate lawsuit for the claims made in this lawsuit, or which could have been made in this lawsuit. If Plaintiffs and Defendants reach a settlement in the future, that settlement must be approved by the Court. Before the Court acts on any such proposed settlement, you and other Class members will be given notice of the terms of the settlement and will have the opportunity to comment or object to the settlement.

YOUR RIGHTS

You have the right to stay in the Class or to remove yourself from the Class.

• If you choose to stay in the Class, you do not need to do anything. You will be represented by Class Counsel in this lawsuit, you will be eligible to participate in any recovery obtained at the end of the case or by settlement, and you will be bound by any judgments issued in the case.

• If you choose to remove yourself from the Class ("Opt-Out"), the Court will exclude you from the Class. To Opt-Out, you must notify the Class Administrator by January 6, 2024 using the procedure below. Further, you will not be represented by Class Counsel in this lawsuit, you will not be eligible to receive any recovery obtained for the class or by settlement, and you will not be bound by any judgments issued in the case.

You also have the right to get more information about the case by contacting Class Counsel (see contact information below) at no cost to you. You also may consult the attorney of your choice, at your own expense, and may make an appearance in this lawsuit if you so choose.

ACTION REQUIRED

You have two options:

  1. If you choose to stay in the Class, you do not need to do anything, however, if you would like to update your contact information to receive future notices in this case at a different address, you may do so by mail, email, or facsimile to the Class Administrator (see below for contact information).
  2. If you choose to remove yourself from the Class or Opt-Out, you may request to exclude yourself by sending a request for exclusion to the Class Administrator (see below for contact information) by mail, email, or facsimile. The deadline to request exclusion is January 6, 2024. Your request for exclusion must include:
    • a) your name, residential address, email address, and phone number,
    • b) a statement that you wish to be excluded from the Class and understand that you will not be eligible to recover damages as part of any settlement or judgment in the case;
    • c) if your request is made by mail or another paper format, your signature.

If you know of anybody who may be in the Class but did not receive a copy of this Notice, please ask them to contact the Class Administrator or Class Counsel.

Here is the contact information for the Class Administrator:

ILYM Group, Inc.
P.O. Box 2031
Tustin, CA 92781
Telephone: (855) 868-1194
Facsimile: (888) 845-6185
Email: claims@ilymgroup.com

Here is the contact information for Class Counsel:

Ravi Sattiraju, Esq.
Sattiraju & Thamey, LLP 50 Millstone Road
Building 300, Suite 202 East Windsor, NJ 08520
Office: (609) 469-2110
Direct Dial: (609) 469-2112
Mobile: (609) 235-5731
Email: rsattiraju@s-tlawfirm.com