Case: Sheehan v. Fedex Corporation

3:05-cv-00531 | U.S. District Court for the Northern District of Indiana

Filed Date: 2005

Closed Date: 2011

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Case Summary

Between 2003 and 2009, FedEx Ground Package System, Inc. (“FedEx”) drivers nationwide sued FedEx alleging that they were not paid overtime wages because the company misclassified them as independent contractors instead of employees (the resolution of the MDL is tracked in Docket 3:05-md-00527-RLM-MGG). One of these cases was Sheehan v. Fedex Corporation discussed below.On May 6, 2005, four former delivery drivers at FedEx filed this class action lawsuit in the U.S. District Court for the Distri…

On May 6, 2005, four former delivery drivers at FedEx filed this class action lawsuit in the U.S. District Court for the District of Massachusetts on their own behalf and on behalf of a nationwide group of all others similarly situated who have worked as delivery drivers for FedEx. The case was assigned to Judge Richard G. Stearns. The plaintiffs sued FedEx under the Declaratory Judgment Act, ERISA, and state law. Represented by private counsel, the plaintiffs sought injunctive relief, declaratory judgment, and monetary damages. They alleged that by incorrectly classifying them as independent contractors and not employees, FedEx violated statutory and common law. Specifically, they claimed that FedEx engaged in acts of behavioral and financial control over the drivers such that the plaintiffs should have been classified as employees and not independent contractors. For example:

- FedEx required every driver to sign a Standard Contractor Operating Agreement that established the terms and conditions of employment of FedEx drivers. However, none of the drivers were able to negotiate for different terms and conditions, resulting in FedEx unilaterally setting the compensation to be paid to the drivers.
- Despite the language in the Agreement, FedEx restricted the freedom of the drivers from selling their routes.
- FedEx required the drivers to purchase vehicles and uniforms and required them to put FedEx’s logo on them.
- FedEx had almost total control of the drivers' working hours and number of packages to deliver.

On June 16, 2005, FedEx answered the complaint. On August 8, 2005, this case was transferred from the District Court of Massachusetts to the District Court of Northern Indiana to be litigated in a multi-district litigation (MDL) under Judge Richard L. Miller Jr. Three law firms were selected from across the country to represent all plaintiffs from all 27 states involved in the MDL.

On March 25, 2005, Judge Miller denied the motion for class certification for the Massachusetts plaintiffs, but granted the motion for plaintiffs from other states. On October 22, 2010, Judge Miller remanded this case back to the District Court of Massachusetts.

On April 4, 2011, the Massachusetts plaintiffs filed a seventh amended complaint. This complaint increased the total number of named plaintiffs to 189. It also sought additional relief: (1) rescission of the Operating Agreement and a restitution award compensating for the reasonable value of the benefit provided to the defendant and (2) punitive damages. On April 7, 2011, Judge Richard Stearns approved a Confidential Settlement Agreement and dismissed the case. The plaintiffs were awarded an undisclosed amount of monetary damages.

In the Northern District of Indiana, MDL counsel continued to fight for attorneys’ fees. On October 17, 2019, the Court granted an amended motion for the allocation of ERISA attorneys’ fees. The Court noted that the case is closed.

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Summary Authors

Lisa Koo (2/16/2019)

Justin Hill (11/2/2019)

People

Judge(s)

Attorney for Plaintiff

Agostino, Peter J. (Indiana)

Attorney for Defendant

Abely, James P. (Massachusetts)

Becker, Evelyn L. (District of Columbia)

Chused, Wesley S. (Massachusetts)

Efkeman, Edward J. (Tennessee)

Judge(s)

Nuechterlein, Christopher A. (Indiana)

Stearns, Richard Gaylore (Massachusetts)

Attorney for Plaintiff

Agostino, Peter J. (Indiana)

Lichten, Harold L. (Massachusetts)

Liss-Riordan, Shannon E. (Massachusetts)

Russell, Ian O. (Massachusetts)

Attorney for Defendant

Abely, James P. (Massachusetts)

Becker, Evelyn L. (District of Columbia)

Chused, Wesley S. (Massachusetts)

Efkeman, Edward J. (Tennessee)

Nuzum, Elianna J. (Massachusetts)

Puma, Michael J. (New York)

Rehnquist, James (Massachusetts)

Smirnoff, Marcey D. (Massachusetts)

Smith, Bradford J. (Massachusetts)

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Documents in the Clearinghouse

	Document
1:05-cv-10936	Docket Sheehan v. FedEx Corporation U.S. District Court for the District of Massachusetts	April 7, 2011	April 7, 2011 Docket
3:05-cv-00531	Docket [PACER] Sheehan v. FedEx Corporation	May 6, 2011	May 6, 2011 Docket
1 1:05-cv-10936	Class Action Complaint U.S. District Court for the District of Massachusetts	May 6, 2005	May 6, 2005 Complaint
2 1:05-cv-10936	Amended Complaint Sheehan v. FedEx Corporation U.S. District Court for the District of Massachusetts	May 26, 2005	May 26, 2005 Complaint
2227 1:05-cv-10936	Seventh Amended Class Action Complaint Sheehan v. FedEx Ground Package System Inc. U.S. District Court for the District of Massachusetts	April 4, 2011	April 4, 2011 Complaint
2229 1:05-cv-10936	Order Approving the Settlement and Dismissing the Action with Prejudice U.S. District Court for the District of Massachusetts	April 7, 2011	April 7, 2011 Order/Opinion

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Docket

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against FedEx Corporation, Fedex Ground Package System. Inc., Fedex Ground Package System, Inc. Filing fee: $ 250, receipt number 64026, filed by Edward Sheehan, Ronald Perry, Randy Azzato, Alan Pacheco. (Attachments: # 1 Civil Cover Sheet)(Boyce, Kathy) (Entered: 05/09/2005)	May 6, 2005	May 6, 2005
	If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Bowler. (Boyce, Kathy) (Entered: 05/09/2005)	May 6, 2005	May 6, 2005
	Summons Issued as to FedEx Corporation, Fedex Ground Package System. Inc., Fedex Ground Package System, Inc. (Boyce, Kathy) (Entered: 05/09/2005)	May 6, 2005	May 6, 2005
2	AMENDED COMPLAINT against all defendants, filed by Edward Sheehan, Ronald Perry, Randy Azzato, Alan Pacheco.(Flaherty, Elaine) (Entered: 05/31/2005)	May 26, 2005	May 26, 2005
3	SUMMONS Returned Executed Fedex Ground Package System, Inc. served on 6/1/2005, answer due 6/21/2005. (Flaherty, Elaine) (Entered: 06/07/2005)	June 7, 2005	June 7, 2005
4	ANSWER to Amended Complaint by Fedex Ground Package System, Inc..(Chused, Wesley) (Entered: 06/16/2005)	June 16, 2005	June 16, 2005
5	CORPORATE DISCLOSURE STATEMENT by Fedex Ground Package System, Inc.. (Chused, Wesley) (Entered: 06/16/2005)	June 16, 2005	June 16, 2005
6	Assented to MOTION to Stay by Fedex Ground Package System, Inc..(Chused, Wesley) (Entered: 07/12/2005)	July 12, 2005	July 12, 2005
7	MEMORANDUM in Support re 6 Assented to MOTION to Stay filed by Fedex Ground Package System, Inc.. (Chused, Wesley) (Entered: 07/12/2005)	July 12, 2005	July 12, 2005
	Judge Richard G. Stearns : Electronic ORDER entered granting 6 Motion to Stay (Flaherty, Elaine) (Entered: 07/21/2005)	July 21, 2005	July 21, 2005
	Civil Case Terminated. (Flaherty, Elaine) (Entered: 08/11/2005)	Aug. 11, 2005	Aug. 11, 2005
	Case file sent to Northern District Indiana pursuant to MDL Transfer Order dated 8/10/05 (received for docketing 9/12/05) (Flaherty, Elaine) (Entered: 09/15/2005)	Sept. 15, 2005	Sept. 15, 2005
8	MDL ORDER LIFTING STAY OF CONDITONAL REMAND ORDER. Remand Order: remanded from the Northern District of Indiana; Case Number 05 − 531 (05 − 10936),05 − 796 (05 − 10976). Associated Cases: 1:05 − cv − 10936 − RGS, 1:05 − cv − 10976 − WGY(Jones, Sherry) Modified on 9/27/2010 (Jones, Sherry). (Entered: 09/27/2010)	Sept. 27, 2010	Sept. 27, 2010
9	Letter/request (non − motion) from Shannon Liss − Riordan. (Liss − Riordan, Shannon) (Entered: 09/27/2010)	Sept. 27, 2010	Sept. 27, 2010
10	NOTICE of Appearance by James Rehnquist on behalf of Fedex Ground Package System. Inc. (Rehnquist, James) (Entered: 09/27/2010)	Sept. 27, 2010	Sept. 27, 2010
11	NOTICE of Appearance by James P. Abely on behalf of Fedex Ground Package System. Inc. (Abely, James) (Entered: 09/27/2010)	Sept. 27, 2010	Sept. 27, 2010
12	NOTICE of Appearance by Elianna J. Nuzum on behalf of Fedex Ground Package System. Inc. (Nuzum, Elianna) (Entered: 09/27/2010)	Sept. 27, 2010	Sept. 27, 2010
13	NOTICE of Appearance by Ian O. Russell on behalf of Edward Sheehan (Russell, Ian) (Entered: 09/28/2010)	Sept. 28, 2010	Sept. 28, 2010
14	MOTION for Related Case Designation and Transfer/Reassignment by Fedex Ground Package System. Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Rehnquist, James) (Entered: 09/29/2010)	Sept. 29, 2010	Sept. 29, 2010
15	Letter/request (non − motion) from James C. Rehnquist. (Rehnquist, James) (Entered: 09/29/2010)	Sept. 29, 2010	Sept. 29, 2010
16	Opposition re 14 MOTION for Related Case Designation and Transfer/Reassignment filed by Edward Sheehan. (Attachments: # 1 Exhibit MDL Panel Transfer Order, # 2 Exhibit Civil Action Cover Sheets Hayes and Duval, # 3 Exhibit Memo and Order Brown, # 4 Exhibit Decision Oliveira, # 5 Exhibit Decision Derochers, # 6 Exhibit Hayes Complaint, # 7 Exhibit Decision Fucci, # 8 Exhibit Decision Amero)(Lichten, Harold) (Entered: 10/05/2010)	Oct. 5, 2010	Oct. 5, 2010
18	REPLY to Response to 14 MOTION for Related Case Designation and Transfer/Reassignment (PROVISIONALLY FILED; LEAVE TO FILE REQUESTED 10/06/10) filed by Fedex Ground Package System. Inc.. (Rehnquist, James) (Entered: 10/12/2010)	Oct. 12, 2010	Oct. 12, 2010
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 17 Motion for briefing schedule: Defendant's reply (not to exceed 5 pages) due on or before 10/12/10; Plaintiffs Surreply (not to exceed 5 pages) due on or before 10/19/10. (Seelye, Terri) (Entered: 10/13/2010)	Oct. 12, 2010	Oct. 12, 2010
19	REPLY to Response to 14 MOTION for Related Case Designation and Transfer/Reassignment (Leave to File Granted 10/13/10) filed by Fedex Ground Package System. Inc.. (Rehnquist, James) (Entered: 10/13/2010)	Oct. 13, 2010	Oct. 13, 2010
20	NOTICE of Appearance by Harold L. Lichten on behalf of Edward Sheehan (Lichten, Harold) (Entered: 10/13/2010)	Oct. 13, 2010	Oct. 13, 2010
21	SUR − REPLY to Motion re 14 MOTION for Related Case Designation and Transfer/Reassignment filed by Edward Sheehan. (Lichten, Harold) (Entered: 10/15/2010)	Oct. 15, 2010	Oct. 15, 2010
	Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 14 Motion transfer/reassign case to Judge O'Toole, as the identified cases against FedEx are at different stages of litigation. The court directs the Clerk to set a scheduling conference in this case. (Zierk, Marsha) (Entered: 11/08/2010)	Nov. 8, 2010	Nov. 8, 2010
22	NOTICE of Scheduling Conference. Scheduling Conference set for 12/9/2010 at 4:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) (Entered: 11/10/2010)	Nov. 10, 2010	Nov. 10, 2010
23	Joint MOTION to Continue Scheduling Conference to December 21 by Edward Sheehan.(Liss − Riordan, Shannon) (Entered: 12/02/2010)	Dec. 2, 2010	Dec. 2, 2010
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 23 Motion to Continue. Scheduling Conference RESET for 12/21/2010 at 10:45 AM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) (Entered: 12/03/2010)	Dec. 3, 2010	Dec. 3, 2010
	ELECTRONIC NOTICE Resetting time for 12/21/10 Scheduling Conference to: 10:30 A.M. (Seelye, Terri) (Entered: 12/17/2010)	Dec. 17, 2010	Dec. 17, 2010
24	JOINT STATEMENT re scheduling conference (Joint Statement Pursuant to Fed. R. Civ. P. 26(f) and Local Rule 16.1(D)) . (Rehnquist, James) (Entered: 12/17/2010)	Dec. 17, 2010	Dec. 17, 2010
25	CERTIFICATION pursuant to Local Rule 16.1 by FedEx Ground Package System, Inc. . (Rehnquist, James) (Entered: 12/17/2010)	Dec. 17, 2010	Dec. 17, 2010
	ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Scheduling Conference/Status Conference held on 12/21/2010. Parties discussed logistics of settlement; a proposed settlement agreement to be provided, in camera, to the court on or before 1/4/2011. (Court Reporter: None)(Attorneys present: Liss − Riordan; Rehnquist) (Seelye, Terri) (Entered: 12/21/2010)	Dec. 21, 2010	Dec. 21, 2010
	ELECTRONIC NOTICE of Hearing: Status Conference (re: Settlement) set for 1/10/2011 at 3:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) (Entered: 12/27/2010)	Dec. 27, 2010	Dec. 27, 2010
	ELECTRONIC NOTICE Canceling today's 3:00 p.m. Status Conference with consent of parties. (Seelye, Terri) Modified text on 1/10/2011 (Seelye, Terri). (Entered: 01/10/2011)	Jan. 10, 2011	Jan. 10, 2011
2225	Case remanded from from District of Northern District of Indiana; Case Number 3:05md00527. Original file with documents numbered 1 to 2224, certified copy of transfer order and docket sheet received. (Attachments: # 1 Stipulation of Record, # 2 Docket Sheet, # 3 Docket entries 1 to 2224 part 1, # 4 Docket entries 1 to 2224 part 2, # 5 Docket entries 1 to 2224 part 3, # 6 Docket entries 1 to 2224 part 4, # 7 Docket entries 1 to 2224 part 5, # 8 Docket entries 1 to 2224 part 6, # 9 Docket entries 1 to 2224 part 7, # 10 Docket entries 1 to 2224 part 8, # 11 Docket entries 1 to 2224 part 9, # 12 Docket entries 1 to 2224 part 10, # 13 Docket entries 1 to 2224 part 11, # 14 Docket entries 1 to 2224 part 12, # 15 Docket entries 1 to 2224 part 13, # 16 Docket entries 1 to 2224 part 14, # 17 Docket entries 1 to 2224 part 15, # 18 Docket entries 1 to 2224 part 16, # 19 Docket entries 1 to 2224 part 17, # 20 Docket entries 1 to 2224 part 18, # 21 Docket entries 1 to 2224 part 19, # 22 Docket entries 1 to 2224 part 20) (York, Steve) (Entered: 02/01/2011)	Feb. 1, 2011	Feb. 1, 2011
2226	Assented to MOTION for Leave to File Seventh Amended Complaint by Edward Sheehan. (Attachments: # 1 Exhibit A)(Liss − Riordan, Shannon) (Entered: 04/01/2011)	April 1, 2011	April 1, 2011
	Judge Richard G. Stearns: ENDORSED ORDER entered granting 2226 Motion for Leave to File Document: Seventh Amended Complaint by Edward Sheehan; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include − Leave to file granted on (date of order) − in the caption of the document. (Seelye, Terri) (Entered: 04/04/2011)	April 4, 2011	April 4, 2011
2227	AMENDED COMPLAINT Seventh against Fedex Ground Package System. Inc., filed by Edward Sheehan.(Liss − Riordan, Shannon) (Entered: 04/04/2011)	April 4, 2011	April 4, 2011
	Case Reopened per Remand order docket entry [2225} (Sonnenberg, Elizabeth) (Entered: 04/05/2011)	April 5, 2011	April 5, 2011
2228	Proposed Document(s) submitted by Edward Sheehan. Document received: Proposed Order. (Liss − Riordan, Shannon) (Entered: 04/06/2011)	April 6, 2011	April 6, 2011
2229	Judge Richard G. Stearns: ORDER APPROVING SETTLEMENT AND DISMISSING CASE WITH PREJUDICE(Flaherty, Elaine) (Entered: 04/07/2011)	April 7, 2011	April 7, 2011
	Civil Case Terminated. (Flaherty, Elaine) (Entered: 04/07/2011)	April 7, 2011	April 7, 2011

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Case Details

State / Territory: Indiana

Case Type(s):

Equal Employment

Key Dates

Filing Date: 2005

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

189 named Plaintiffs on behalf of a Class of similarly situated persons who have worked as delivery drivers for FedEx Ground in the state of Massachusetts for Defendant.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

FedEx, Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action: