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Warfa v. Nationwide Express, LLC

United States District Court, D. Minnesota

September 27, 2019

Abdullahi Warfa and Omar Omar, on behalf of themselves and all others similarly situated, and on behalf of the Minnesota Rule 23 Class, Plaintiffs,
v.
Nationwide Express, LLC, and Amazon Logistics, Inc., Defendants,

          Gregory S. Walz, Walz Law Office, and Michele R. Fisher and Neil Daniel Pederson, Nichols Kaster, PLLP, (for Plaintiffs);

          Keillen V. Curtis, Curtis Law Firm, and Marcus A. Jarvis, Marcus-Jarvis Law Limited, (for Defendant Nationwide Express, LLC); and

          Brittany B. Skemp, Bryan R. Browning, and Jonathan P. Norrie, Bassford Remele, PA, and Meredith Riccio and Stephanie L. Sweitzer, Morgan Lewis and Bockius LLP, (for Defendant Amazon Logistics, Inc.).

          ORDER

          Tony N. Leung, United States Magistrate Judge.

         This matter is before the Court on Plaintiffs’ Unopposed Motion for Conditional and Class Certification and Preliminary Approval of Settlement. (ECF No. 36). The parties have consented to this Court’s jurisdiction pursuant to 28 U.S.C. § 636(c) and Fed.R.Civ.P. 73. The Court has reviewed and considered all papers filed in connection with the motion. Based on the filings, record, and pleadings in this matter, it is HEREBY

         ORDERED AS FOLLOWS:

         I. Plaintiffs’ Unopposed Motion for Conditional and Class Certification and Preliminary Approval of Settlement (ECF No. 36) is GRANTED.

         II. Pursuant to Fed.R.Civ.P. 23(e), for settlement purposes, only, the Court certifies Plaintiffs claim for unpaid overtime under the Minnesota Fair Labor Standards Act, Minn. Stat. § 177.21 et seq., as a class action on behalf of the following:

All delivery drivers who performed services for Defendants through Nationwide Express, LLC at any time during the period of May 19, 2018 to March 13, 2019.

         III. In support of this settlement group, the Court finds that:

a. The undisputed class of 198 individuals satisfies the numerosity requirement of Fed.R.Civ.P. 23(a)(1);
b. There are several important questions of law common to all the class including whether Defendants are liable to Plaintiffs as joint employers, whether Defendants violated Minnesota law for failing to pay Plaintiffs overtime wages, whether Defendants’ conduct was in good faith, and the proper measure of damages, and these common questions of law that satisfy the commonality requirement of Fed.R.Civ.P. 23(a)(2);
c. Named Plaintiffs Abdullahi Warfa’s and Omar Omar’s claims emanate from the same conduct of Defendants as those giving rise to the claims of the class members, and their claims are typical of the claims of the class members and satisfy the typicality requirement of Fed.R.Civ.P. 23(a)(3);
d. Warfa and Omar have been involved and can fairly and adequately represent the interests of the class members under the requirements of Fed.R.Civ.P. 23(a)(4);
e. Warfa and Omar’s counsel are experienced in representing workers in wage and hour class and collective actions and can fairly and adequately ...

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