# CLASS ACTION SETTLEMENT AGREEMENT AND RELEASE



## KevinH (Jul 13, 2014)

Proposed Uber Settlement
Sorry, at 154 pages, could not post the whole thing here,
http://bit.ly/1rIVMzl


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## KevinH (Jul 13, 2014)

My head is spinning with questions!
1. The settlement is not just for O'Conner vs Uber class action but all litigation against Uber in California and Massachusetts. This includes for instance Barbara Berwick's individual (not class action) case for mileage reimbursement. She had hoped for a settlement of around $50k to include attorneys fees, etc. Now in this settlement she might get $25 for the 8 weeks she drove. Will she and her attorney sign off on this? All the attorneys in the list below will share in the 25% set aside for attorneys' fees. One of Shannon's fears is that Uber's appeal of class certification would be won, or if lost would be won at the Supreme Court. So individual litigation is swept into this settlement.
_a) Price et al. v. Uber Technologies, Inc. et al., Case No. BC554512 (Cal. Super.
Ct., Los Angeles County);
b) Colopy et al. v. Uber Technologies, Inc., Case No. CGC-16-54996 (Cal. Super.
Ct., San Francisco County);
c) Del Rio et al. v. Uber Technologies, Inc. et al., Case No. 3:15-cv-03667-EMC
(N.D. Cal.);
d) Berger et al. v. Uber Technologies, Inc. et al., Case No. 3:16-cv-00041-MEJ
(N.D. Cal.);
e) In re Uber FCRA Litigation, Case No. 3:14-cv-05200-EMC (N.D. Cal.)1;
f) Ghazi et al. v. Uber Technologies, Inc. et al., Case No. CGC-15-545532 (Cal.
Super. Ct., San Francisco County);
g) Richardson et al. v. Uber Technologies, Inc. et al., Case No. RG15775562
(Cal. Super. Ct., Alameda County);
h) Zine et al. v. Uber Technologies, Inc. et al., Case No. BC 591351 (Cal. Super.
Ct., San Francisco County);
i) Narsis et al. v. Uber Technologies, Inc. et al., Case No. BC599027 (Cal. Super.
Ct., Los Angeles County);
j) Tabola et al. v. Uber Technologies, Inc. et al., Case No. CGC-16-550992 (Cal.
Super. Ct., San Francisco County);
k) Barajas et al. v. Uber Technologies, Inc. et al., Case No. CGC-16-550198
(Cal. Super. Ct., San Francisco County);
l) Aquino et al. v. Uber Technologies, Inc. et al., Case No. BC608873 (Cal.
Super. Ct., Los Angeles County);
m) Adzhemyan et al. v. Uber Technologies, Inc. et al., Case No. BC608874 (Cal.
Super. Ct., Los Angeles County);
n) Gollnick v. Uber Technologies, Inc. et al., Case No. CGC-15-547878 (Cal.
Super. Ct., San Francisco County);
o) Mokeddes v. Uber Technologies, Inc., Case No. RG16807483 (Cal. Super. Ct.,
Alameda County); and
p) Berwick v. Uber Technologies, Inc. et al., Case No. CGC-15-546378 (Cal.
Super. Ct., San Francisco County)._​
2. This includes challenges to Uber's arbitration clause, a separate issue from mileage expenses and tips.

3. This covers any and all liability toward drivers including overtime, minimum wage, meal breaks etc.

4. OOOhhh I hope they don't catch this: Is there a typo on page 131 outlining the disbursement of funds? Does this really say $5.5 billion?
_(2) $5,500,000,000 (or, if the contingency is triggered, $6,600,000) will be aside as
compensation for Massachusetts drivers, to be distributed in proportion to the number of
On Trip miles driven. For drivers who timely opted out of Uber's 2013 or 2014 arbitration
clause (within 30 days of accepting the agreement containing the clause, as determined by
the Settlement Administrator), their mileage will be doubled._​
5. Uber wants to keep the potential total cost of settlement compensation sealed and not tell the public or the drivers.
a.How can the litigants possibly assess the total overtime, minimum wage, family leave, etc. costs the from 2009 to proposed settlement time?
b. How can drivers properly assess whether to accept the settlement or not if they can't appraise the value of it?
c. What would investors think about this growing $Billion IOU for just 2 states in the U.S.?​
6. The agreement includes a PAGA waiver. California's "Private Attorney General Act" allows individuals to sue for penalties in labor cases that the State fails to act on. 75% of the award goes to the State and 25% goes to the whistle blower. Will the court allow this exclusion? Can anyone who opts out of the settlement then file another PAGA suit?

7. The agreement includes release of National Labor Relations Board suits. Shannon might fear that the class action certification might fail in appeal, or that the arbitration clause might be upheld. But aren't those factors irrelevant in NLRB actions and apply only to private suits? Although Washington D.C. has no political will to initiate action on its own, there are at least 4 NLRB suits pending for drivers, some of those in states other than California or Massachusetts. The NLRB is very worker friendly and has found that workers for transportation companies that are treated the same way Uber and Lyft do are indeed employees and have been misclassified. Recent opinions posted on the web by legal experts think that these findings will survive an Uber appeal in U.S. District courts and represent the greatest threat to the TNC business model. Do the attorneys think that if they give up cases in these two states, that other cases will finally catch up with the TNC's?

7. Is timing everything here? If this settlement is denied and an the next news is an NLRB decision favoring drivers handed down, then it goes to appeal. If won, Can this decision be used in these cases? Would the NLRB decision create $Billions of compensation in the remaining 48 states? Woops 47 states, Alaska kicked them out.

I probably have more but it is time for a cup of coffee and a walk.


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## riChElwAy (Jan 13, 2015)

WHAT THE HELL IS THIS????? THE GREAT UBER PARDON???????? SHANNON LISS-RIORDAN HAS OBVIOUSLY GOTTEN A HUGE PAYOFF FROM UBER


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## riChElwAy (Jan 13, 2015)

the more and more i read through this the more and more ill my stomach feels . . the "Counts" against Uber were quite heavy and hard-hitting . . and then you read terms of The Settlement "Uber will inform drivers" "Uber will work in good faith with drivers" "Uber will clearly explain to drivers" REALLY??????

this is a disgusting joke

Shannon Liss-Riordan's offshore accounts are now loaded with Uber's cash


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## riChElwAy (Jan 13, 2015)

this letter is from my friend to the Globe writer...

---------- Forwarded message ----------
From: "Anthony"
Date: May 2, 2016 2:11 AM
Subject: 310079915-Uber-Proposed-Settlement.pdf - Google Drive
To: <[email protected]>
Cc:

https://drive.google.com/a/rachelgal.com/file/d/0B0N1atTXPM8FQ0h3aFJaaEJOREE/view?pref=2&pli=1

Dear Mr. Adams

I had an opportunity to read the proposed uber settlement and it is terrible. This is a complete win for Uber and a financial gain for Shannon Liss-Riordan. It does next to nothing for drivers and further it discharges all other lawsuits in California and Massachusetts dealing with any type of employment issue.

I hope you will take the time to review the attached settlement above and do further reporting on this important matter. I am certain there are thousands of Uber drivers that would appreciate your time and attention to the details of this terrible settlement.

Thank you for your consideration and reporting.

Warm regards,
Tony


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## uberdriverfornow (Jan 10, 2016)

I was saying this as soon as I heard about the details of this settlement. I'm glad everyone is finally coming around. Everyone except that Michael Cleveland Uber Shill, the guy that tries to bash anyone that criticizes Uber by saying things like "Who's making you drive?" and "Nothing Uber has done is illegal" and other hillarious things. 

I would say this is THEE worst proposed settlement in recorded history.


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## riChElwAy (Jan 13, 2015)

uberdriverfornow said:


> I was saying this as soon as I heard about the details of this settlement. I'm glad everyone is finally coming around. Everyone except that Michael Cleveland Uber Shill, the guy that tries to bash anyone that criticizes Uber by saying things like "Who's making you drive?" and "Nothing Uber has done is illegal" and other hillarious things.
> 
> I would say this is THEE worst proposed settlement in recorded history.


if you read all the "Counts" in the document, which is what the lawsuit originally targeted .. then read terms of the settlement.. it's like two totally different universes!?!?! this is a grand slam for Uber and their girl Shannon Liss-Riordan


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## uberdriverfornow (Jan 10, 2016)

riChElwAy said:


> if you read all the "Counts" in the document, which is what the lawsuit originally targeted .. then read terms of the settlement.. it's like two totally different universes!?!?! this is a grand slam for Uber and their girl Shannon Liss-Riordan


And also remember, Uber can opt out of the non-monetary concessions after two years.


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## chi1cabby (May 28, 2014)

*New Thread:*

*What's wrong with the Proposed #UberLAWSUIT Settlement and what can the Drivers do about it.*


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