notice of electronic filingsksettlement.noticeclass.com/content/documents/joint_motion_class... ·...
TRANSCRIPT
AlaFile E-Notice
To: COOK GREGORY CARL
06-CV-2010-900021.00
Judge: HON. BURT SMITHART
NOTICE OF ELECTRONIC FILING
IN THE CIRCUIT COURT OF BARBOUR COUNTY, ALABAMA
The following matter was FILED on 2/5/2015 2:10:55 PM
HILTON COOPER CONTRACTING, INC. ET AL V. SAFETY-KLEEN SYSTEMS, INC. ET
06-CV-2010-900021.00
JOINT MOTION FOR CLASS CERTIFICATION AND PRELIMINALRY APPROVAL OF CLASSSETTLEMENT
Notice Date: 2/5/2015 2:10:55 PM
[Filer: METHVIN ROBERT GORDON JR.]
DAVID NIX
CIRCUIT COURT CLERK
BARBOUR COUNTY, ALABAMA
CLAYTON, AL 36016
334-775-8366
P.O. BOX 219
C007 AGRICON EQUIPMENT COMPANY, LLC
C005 EUFAULA MARINE & POWER EQUIPMENT, LLC
C003 HARRINGTON ENTERPRISES D/B/A WAYNE CROY CAR CENTER
C001 HILTON COOPER CONTRACTING, INC.
C008 JOE HOLLAND CHEVROLET
C002 JRD CONTRACTING, INC.
C004 OTAY HYDRAULICS, INC.
C006 ROGER MILLER D/B/A ROGER'S AUTO SERVICE
/s/ ROBERT GORDON METHVIN JR.
Signature of Attorney or Party:Date:Check here if you have filed or are filingcontemoraneously with this motion an Affidavit ofSubstantial Hardship or if you are filing on behalf of anagency or department of the State, county, or municipalgovernment. (Pursuant to §6-5-1 Code of Alabama(1975), governmental entities are exempt fromprepayment of filing fees)
Case No.STATE OF ALABAMAUnified Judicial System
06-BARBOUR District Court Circuit Court
Revised 3/5/08
HILTON COOPER CONTRACTING, INC. ET AL V.SAFETY-KLEEN SYSTEMS, INC. ET
CIVIL MOTION COVER SHEETName of Filing Party:
Name, Address, and Telephone No. of Attorney or Party. If Not Represented.
Attorney Bar No.:
ROBERT GORDON METHVIN JR.
2201 ARLINGTON AVENUE SOUTH
BIRMINGHAM, AL 35205
MET009
TYPE OF MOTION
Motions Requiring Fee Motions Not Requiring Fee
Default Judgment ($50.00)
Joinder in Other Party's Dispositive Motion (i.e.Summary Judgment, Judgment on the Pleadings, orother Dispositive Motion not pursuant to Rule 12(b))($50.00)
Summary Judgment pursuant to Rule 56($50.00)
Renewed Dispositive Motion(Summary Judgment,Judgment on the Pleadings, or other DispositiveMotion not pursuant to Rule 12(b)) ($50.00)
Judgment on the Pleadings ($50.00)
Motion to Dismiss, or in the Alternative SummaryJudgment($50.00)
Other
Add Party
Amend
Change of Venue/Transfer
Compel
Consolidation
Continue
Deposition
Designate a Mediator
Judgment as a Matter of Law (during Trial)
Disburse Funds
Extension of Time
In Limine
Joinder
More Definite Statement
Motion to Dismiss pursuant to Rule 12(b)
New Trial
Objection of Exemptions Claimed
Plaintiff's Motion to Dismiss
Preliminary Injunction
Protective Order
Quash
Release from Stay of Execution
Sanctions
Sever
Special Practice in Alabama
Stay
Strike
Supplement to Pending Motion
Vacate or Modify
Withdraw
Other Joint Motion for Class Certification andPreliminalry Approval of ClassSettlement
pursuant to Rule none (Subject to Filing Fee)
pursuant to Rule ($50.00)
*This Cover Sheet must be completed and submitted to the Clerk of Court upon the filing of any motion. Each motion should contain a separate Cover Sheet.
**Motions titled 'Motion to Dismiss' that are not pursuant to Rule 12(b) and are in fact Motions for Summary Judgments are subject to filing fee.
*Motion fees are enumerated in §12-19-71(a). Feespursuant to Local Act are not included. Please contact theClerk of the Court regarding applicable local fees.
Local Court Costs $
C001 - HILTON COOPER CONTRACTING, INC.C002 - JRD CONTRACTING, INC.C003 - HARRINGTON ENTERPRISES D/B/AWAYNE CROY CAR CENTERC004 - OTAY HYDRAULICS, INC.C005 - EUFAULA MARINE & POWEREQUIPMENT, LLCC006 - ROGER MILLER D/B/A ROGER'S AUTOSERVICEC007 - AGRICON EQUIPMENT COMPANY, LLCC008 - JOE HOLLAND CHEVROLET
0.00
2/5/2015 1:58:45 PM
CV201090002100
Pendente Lite
Oral Arguments Requested
Motion to Intervene ($297.00)
ELECTRONICALLY FILED2/5/2015 2:10 PM
06-CV-2010-900021.00CIRCUIT COURT OF
BARBOUR COUNTY, ALABAMADAVID NIX, CLERK
IN THE CIRCUIT COURT OF BARBOUR COUNTY, ALABAMA CLAYTON DIVISION
HILTON COOPER CONTRACTING, INC.; JRD CONTRACTING, INC.; HARRINGTON ENTERPRISES d/b/a WAYNE CROY CAR CENTER; OTAY HYDRAULICS, INC.; EUFAULA MARINE & POWER EQUIPMENT, LLC; ROGER MILLER d/b/a ROGER’S AUTO SERVICE; AGRICON EQUIPMENT COMPANY, LLC; and JOE HOLLAND CHEVROLET,
Plaintiffs v. SAFETY-KLEEN SYSTEMS, INC.; SAFETY-KLEEN, INC.; and CLEAN HARBORS, INC., Defendants.
)))))))))))))))))))
CIVIL ACTION NO. CV-2010-900021
JOINT MOTION FOR CLASS CERTIFICATION AND PRELIMINARY APPROVAL OF CLASS SETTLEMENT
Plaintiffs and Defendants, by and through their undersigned counsel, move this Court to
enter an Order conditionally certifying a settlement class and an Order preliminarily approving
the Compromised Stipulation of Class Action Settlement (the “Stipulation”)1 between the parties.
In support of this motion, the parties show as follows:
Plaintiffs and Defendants, by and through their undersigned counsel, move this Court to
enter an Order conditionally certifying a settlement class and an Order preliminarily approving
the Stipulation between the parties. In support of this motion, the parties show as follows:
1 The Stipulation is attached as Exhibit A. The proposed order is attached as Exhibit B.
ELECTRONICALLY FILED2/5/2015 2:10 PM
06-CV-2010-900021.00CIRCUIT COURT OF
BARBOUR COUNTY, ALABAMADAVID NIX, CLERK
2
1. Through extended, arms’ length negotiations and multiple mediation sessions
(which together took place over the span of almost an entire year), Plaintiffs and Defendants
have reached an agreement which, if completed, would resolve this matter fully and finally. The
terms of the agreement are set forth in the Stipulation between the parties, submitted to the Court
herewith.
2. Plaintiffs’ counsel has extensive experience in cases such as this, and has
conducted such discovery and investigation necessary to make an informed evaluation of the
proposed settlement. Plaintiffs’ counsel is of the opinion that, all things considered, the
proposed settlement is in the best interest of the Settlement Class, as defined below.
3. The parties show to the Court the following facts, as stipulated to for the purpose
of this motion:
A. The proposed settlement class (the “Settlement Class” or the “Class” or
the “Settlement Class Members”) is defined as:
All customers of Safety-Kleen (persons or entities) with locations in Alabama, Missouri, California, Florida, Arkansas, and West Virginia which locations paid to Safety-Kleen (and/or whose total amount owed to them by Safety-Kleen was decreased by amounts attributable to the subject fees) during the class period, which is defined in the Stipulation, a (1) fuel surcharge (however titled), (2) an Extended Service Area fee, and/or (3) a late payment fee or substantively similar charges which were identified or described differently (the “Fees”). Excluded from the Settlement Class are: (1) national or regional customers (as defined in the Stipulation); (2) municipalities; (3) those customers currently in bankruptcy or which filed bankruptcy subsequent to payment of a Fee covered by this Stipulation; (4) those customers whose obligations have been discharged in bankruptcy; (5) governmental agencies, entities, or judicial officers; (6) Defendants, any affiliate, parent, and/or subsidiary of Defendants and any agents, employees, officers and/or directors of Defendants or any other such entities and their representatives, heirs, successor and/or assigns; and (7) any person or entity which properly executes and submits a timely request for exclusion from the Settlement Class.
3
B. This consolidated action was brought on behalf of a class of persons in six
different states which received products and/or services from Safety-Kleen. Comprising this
consolidated action are five actions involving eight plaintiffs represented by numerous law firms,
as follows:
Hilton Cooper Contracting, Inc., et al. v. Safety-Kleen Systems, Inc., et al. (pending in the Circuit Court of Barbour County, Alabama, CV-2010-900021)
Harrington Enterprises, Inc. d/b/a Wayne Croy Car Center v. Safety-Kleen Systems, Inc. (pending in the United States District Court for the Western District of Missouri, 4:13-cv-00167)
Otay Hydraulics, Inc. v. Safety-Kleen Systems, Inc. (pending in the Superior Court of California, County of Los Angeles, Central District, BC487171)
Roger Miller d/b/a Roger’s Auto Service v. Safety-Kleen Systems, Inc., et al. (pending in the Circuit Court of Barbour County, Alabama, CV-2014-900012)
Eufaula Marine & Power Equipment, LLC v. Safety-Kleen Systems, Inc., et al. (pending in the District Court of Barbour County, Alabama, DV-2014-000001) C. Plaintiffs allege that Defendants (among other things) breached the
contracts and agreements at issue and/or engaged in various unlawful conduct in connection with
the Fees at issue in this Lawsuit. Plaintiffs also sought an injunction related to such practices.
Defendants deny all allegations of wrongdoing.
D. Based upon an evaluation of Defendants’ billing records, the parties
believe there will be in excess of 1,000 entities and individuals within the class definition.
E. Plaintiffs allege that many entities and persons within the Settlement Class
– including some of the named Plaintiffs – appear to have entered into substantially similar
agreements with Safety-Kleen which used identical or substantially similar relevant language.
Among other things, such language sometimes addresses in what circumstances Safety-Kleen
may charge and collect the Fees at issue.
4
F. All of the entities and individuals within the Settlement Class – including
the named Plaintiffs – paid at least one of the Fees during the applicable class period.
4. The Stipulation provides for significant relief to the proposed Settlement Class via
a simple claims procedure which allows Settlement Class Members to make a claim for a refund
of a portion of the Fees paid during the applicable class period. The class relief, the Claim Form
procedure, and the applicable class period, are set forth in detail in the Stipulation.
5. As provided in the Stipulation, the Settlement Class will receive Postcard Notice
of the settlement in the form attached as Exhibit C, and will, if participating in the settlement,
complete a simple Claim Form in the form attached as Exhibit D. A Long Form Notice in the
form attached as Exhibit E will be published on the website established to assist in the
administration of the settlement. The settlement website will also contain a list of Frequently
Asked Questions in the form attached as Exhibit F.
6. The Stipulation also provides for injunctive relief to the Settlement Class. This
relief will be available to the Settlement Class even if they do not submit a Claim Form.
WHEREFORE, premises considered, Plaintiffs and Defendants respectfully request that
the Court enter an Order (substantially in the form of Exhibit B) preliminarily approving the
Stipulation between the parties.
5
Respectfully submitted this 5th day of February, 2015.
/s/ Robert G. Methvin, Jr. /s/ Gregory C. Cook Robert G. Methvin, Jr. James M. Terrell Patrick C. Marshall MCCALLUM, METHVIN & TERRELL, P.C. 2201 Arlington Avenue South Birmingham, Alabama 35205 Attorneys for Plaintiffs
Gregory C. Cook BALCH & BINGHAM LLP Post Office Box 306 Birmingham, AL 35201-0306 Telephone: (205) 251-8100 Facsimile: (205) 226-8798 [email protected] G. Lane Knight BALCH & BINGHAM LLP Post Office Box 78 Montgomery, AL 36101-0078 Telephone: (334) 834-6500 Facsimile: (334) 269-3115 [email protected] Attorneys for Defendants
6
CERTIFICATE OF SERVICE
I hereby certify that on this 5th day of February, 2015, I electronically filed the foregoing
with the Clerk of the Court using the AlaFile system and service will be perfected upon any
AlaFile participant(s) electronically.
/s/ Robert G. Methvin, Jr.
EL
EC
TR
ON
ICA
LL
Y F
ILE
D2/
5/20
15 2
:10
PM06
-CV
-201
0-90
0021
.00
CIR
CU
IT C
OU
RT
OF
BA
RB
OU
R C
OU
NT
Y, A
LA
BA
MA
DA
VID
NIX
, CL
ER
K