Smith v. Werner Enterprises, Inc.

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EZEQUIEL OLIVARES ABARCA,
individually and on behalf of all those
similarly situated; ALFREDO ALESNAJR.,
individually and on behalf of all those
similarly situated; DAVID CAGLE,
individually and on behalf of all those
similarly situated; STEPHEN L. DAVIS,
individually and on behalf of all those
similarly situated; FRANK EADS,
individually and on behalf of all those
similarly situated; and KENNETH J.
SURMAN, individually and on behalf of all
those similarly situated,
Plaintiffs,
vs.
WERNER ENTERPRISES, INC., DOES 1-
100, inclusive; and DRIVERS
MANAGEMENT, LLC,
Defendants.
_______________
WILLIAM SMITH, on behalf of himself and
all others similarly situated, and on behalf of
the general public,
Plaintiffs,
v.
WERNER ENTERPRISES, INC., et al.,
Defendants.
_________________
BRIAN VESTER and JOEL MORALES,
individually and on behalf of all others
similarly situated,
Plaintiffs,
v.
8:14CV319
(Lead Case)
ORDER
8:15CV287
(Member Case)
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WERNER ENTERPRISES, INC., et al.,
Defendants.
8:17CV145
(Member Case)
This matter comes before the Court on Plaintiffs’ Motion for Preliminary Approval
of Class Action Settlement. Filing No. 750. The Court has reviewed the Motion, the
accompanying Memorandum of Law, the Settlement Agreement attached to the
Declaration of Justin L. Swidler as Exhibit 1-A (the “Settlement”), and the supporting
materials. The Court finds that the Settlement falls within the range of possible approval
and that notice should be provided to class members. Accordingly,
IT IS ORDERED:
1. Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement, Filing No.
750 in Case No. 8:14cv319; Filing No. 638 in Case No. 8:15cv287; and Filing
No. 595 in Case No. 8:17cv145, is granted.
2. The settlement is hereby preliminarily approved as fair, reasonable, and
adequate, and within the range of possible final approval.
3. The California Settlement Class and Nebraska Settlement Class are hereby
certified for purposes of settlement. The California Settlement Class includes
qualified drivers who, while residing in California, worked for Werner as a
qualified driver between June 4, 2010, and July 14, 2023, and picked up or
delivered at least one load for Werner in California during that period. The
Nebraska Settlement Class includes all persons who worked for Werner as
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qualified drivers anywhere in the United States at any time between June 4,
2010, and July 14, 2023.
4. The request for service awards of up to $15,000 for each of the seven Named
Plaintiffs and up to $250 for each of the twenty-one class members who were
deposed during discovery is hereby preliminarily approved.
5. Atticus Administration LLC is hereby appointed as the Settlement Administrator
to oversee the notice process, maintain a database of class members, process
opt-out requests and objections, calculate individual distributions, and issue
payments to participating class members.
6. The form and content of the proposed class notice is hereby approved, subject
to non-material modifications as may be necessary.
7. The Settlement Administrator is hereby authorized to disseminate notice to all
class members via first-class mail, electronic mail, and text message. Notice
shall be mailed on or before March 5, 2026.
8. Class members who wish to exclude themselves from the Settlement must
submit a written opt-out request to the Settlement Administrator postmarked no
later than May 4, 2026.
9. Class members who wish to object to the Settlement must submit a written
objection to the Settlement Administrator postmarked no later than May 4,
2026.
10. Plaintiffs’ Counsel shall file their Motion for Final Approval and application for
attorneys’ fees, costs, and service awards no later than June 4, 2026.
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11. A Final Approval Hearing is hereby scheduled for July 24, 2026, at 10:00 AM,
in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza,
Omaha, Nebraska, before Senior Judge Joseph F. Bataillon to determine
whether the Settlement should be finally approved as fair, reasonable, and
adequate.
12. All proceedings in this matter, except those necessary to effectuate the
Settlement, are hereby stayed pending the Final Approval Hearing.
Dated this 5th day of February, 2026.
BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge
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