Defendant’s Statement Sample Clauses

Defendant’s Statement. Defendant denies each of the claims alleged by Plaintiffs in the Litigation and expressly denies any and all charges of wrongdoing or liability alleged in the instant Action. To the contrary, Defendant contends that, in compliance with applicable state and federal laws, its drivers have been paid all wages due. Among other things, Defendant contends that (a) all its route drivers and driver monitors have been paid overtime for all hours worked over 40, (b) all its highway drivers in North Carolina are exempt from the overtime requirements of the FLSA under the Motor Carrier Exemption; (c) Defendant never promised to pay its highway drivers in North Carolina overtime wages for hours worked over 40, (d) all of Defendant’s drivers who are paid on an hourly basis had 30 minutes deducted from their pay for every six hours worked for meal breaks that those drivers took, (e) any rounding that was made to the hours worked by drivers paid on an hourly basis was legally compliant or de minimis, (f) Defendant properly calculated the regular rate for bonuses for hourly employees; and (g) Defendant made appropriate deductions from drivers’ pay for the rental and cleaning of uniforms that the drivers used. As a result, Defendant believes Plaintiffs’ claims for unpaid wages, liquidated damages, pre- and post-judgment interest, attorneys’ fees, and costs will fail. Defendant also denies that the asserted claims are appropriate for collective treatment under 29 U.S.C. § 216(b) or class treatment under Fed. R. Civ. P. 23, except for purposes of settlement. Nevertheless, Defendant has taken into account the uncertainty and risks inherent in any litigation and the fact that the conduct of the Litigation would be protracted, expensive, and disruptive to its business. Defendant, therefore, has determined it is desirable and beneficial that the Litigation be settled in the manner and upon the terms and conditions set forth in this Agreement. However, Defendant expressly reserves any and all rights and defenses should this Agreement not be finally approved, including but not limited to opposing whether the case should be maintained as a class or collective action and contesting the merits of any claims.

Defendant’s Statement. (Typed Verbatim) The following is a typed version of a handwritten statement from the Defendant in response to the following questions: In your own words, what did you do to get arrested on this charge? What reason do you have for your involvement in this offense? Give your recommendation as to what you think the Court should do in your case. (PPD 1.5.200 (B) Pre-Sentence Investigation Report – Revision Date 10/02/17) 2 VICTIM’S IMPACT COMMENTS CHEMICAL USE: PSYCHOLOGICAL INFORMATION: RESTITUTION