Many of you have been asking for an update on the status of the
Multi-District Litigation which has been going on so long!
On July 27, 2009, the Court finished the class certification phase of this case, ruling again that some of our class cases would be certified and some would not. We currently have 28 cases certified, including the nationwide case regarding ERISA rights to benefits. As to most of the cases in which the court denied class certification, we have added many new named plaintiffs and have filed motions asking the court to change its order and certify the classes.
We have filed motions asking the court to determine that the drivers are employees and not independent contractors in every case where class certification was granted and most of the other cases as well, without the need for a trial. The motions are based on FedEx documents and admissions by FedEx executives. That process -called summary judgment -- began in the spring of 2008 and was just completed in December, 2009. The record we provided is very strong - about 10,000 pages chocked full of FedEx policies and procedures, training materials, business discussions, and admissions by FedEx executives up to and including Dan Sullivan himself!
In late December, Judge Miller issued an order requiring FedEx to provide us with a full set of IRS documents (called Notices of Proposed Assessments) which FedEx has been refusing to give us for several years. They produced those documents two weeks ago and marked them confidential so that we cannot discuss or describe them, except to the named Plaintiffs (who will receive a summary in the mail). However, yesterday we filed a motion asking the Court to add the IRS documents to the record for his consideration of the drivers' employment status, along with the most recent Addenda that FedEx has been requiring drivers to sign in the last few months. The new Addenda include far more stringent new requirements to qualify as a driver (and may disqualify many who are currently driving) and also terminate all of the Operating Agreements on May 14, 2010, unless the parties sign a "new agreement" - without any indication of what the "new agreement" consists of!
We are all hoping to get a ruling on the summary judgment motions soon and we know how anxious you all are about the outcome. As soon as we receive a decision, we will pass it along to you and let you know what the next steps are in the case. Thank you for all of your support and patience and please rest assured that the law firms representing you all are working very hard to bring the case to a successful conclusion.
Lynn Faris, Susan Ellingstad & Rob Harwood, Co-lead counsel