United States District Court, D. Minnesota
Abdullahi Warfa and Omar Omar, on behalf of themselves and all others similarly situated, and on behalf of the Minnesota Rule 23 Class, Plaintiffs,
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,
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
N. Leung, United States Magistrate Judge.
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
Plaintiffs’ Unopposed Motion for Conditional and Class
Certification and Preliminary Approval of Settlement (ECF No.
36) is GRANTED.
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.
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.
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
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 ...