AlaFile E-Notice

To: COOK GREGORY CARL

Gcook@balch.com

06-CV-2010-900021.00

Judge: HON. BURT SMITHART

NOTICE OF ELECTRONIC FILING

IN THE CIRCUIT COURT OF BARBOUR COUNTY, ALABAMA

The following matter was FILED on 2/5/2015 2:10:55 PM

HILTON COOPER CONTRACTING, INC. ET AL V. SAFETY-KLEEN SYSTEMS, INC. ET

06-CV-2010-900021.00

JOINT MOTION FOR CLASS CERTIFICATION AND PRELIMINALRY APPROVAL OF CLASSSETTLEMENT

Notice Date: 2/5/2015 2:10:55 PM

[Filer: METHVIN ROBERT GORDON JR.]

DAVID NIX

CIRCUIT COURT CLERK

BARBOUR COUNTY, ALABAMA

CLAYTON, AL 36016

334-775-8366

david.nix@alacourt.gov

P.O. BOX 219

C007 AGRICON EQUIPMENT COMPANY, LLC

C005 EUFAULA MARINE & POWER EQUIPMENT, LLC

C003 HARRINGTON ENTERPRISES D/B/A WAYNE CROY CAR CENTER

C001 HILTON COOPER CONTRACTING, INC.

C008 JOE HOLLAND CHEVROLET

C002 JRD CONTRACTING, INC.

C004 OTAY HYDRAULICS, INC.

C006 ROGER MILLER D/B/A ROGER'S AUTO SERVICE

/s/ ROBERT GORDON METHVIN JR.

Signature of Attorney or Party:Date:Check here if you have filed or are filingcontemoraneously with this motion an Affidavit ofSubstantial Hardship or if you are filing on behalf of anagency or department of the State, county, or municipalgovernment. (Pursuant to §6-5-1 Code of Alabama(1975), governmental entities are exempt fromprepayment of filing fees)

Case No.STATE OF ALABAMAUnified Judicial System

06-BARBOUR District Court Circuit Court

Revised 3/5/08

HILTON COOPER CONTRACTING, INC. ET AL V.SAFETY-KLEEN SYSTEMS, INC. ET

CIVIL MOTION COVER SHEETName of Filing Party:

Name, Address, and Telephone No. of Attorney or Party. If Not Represented.

Attorney Bar No.:

ROBERT GORDON METHVIN JR.

2201 ARLINGTON AVENUE SOUTH

BIRMINGHAM, AL 35205

MET009

TYPE OF MOTION

Motions Requiring Fee Motions Not Requiring Fee

Default Judgment ($50.00)

Joinder in Other Party's Dispositive Motion (i.e.Summary Judgment, Judgment on the Pleadings, orother Dispositive Motion not pursuant to Rule 12(b))($50.00)

Summary Judgment pursuant to Rule 56($50.00)

Renewed Dispositive Motion(Summary Judgment,Judgment on the Pleadings, or other DispositiveMotion not pursuant to Rule 12(b)) ($50.00)

Judgment on the Pleadings ($50.00)

Motion to Dismiss, or in the Alternative SummaryJudgment($50.00)

Other

Add Party

Amend

Change of Venue/Transfer

Compel

Consolidation

Continue

Deposition

Designate a Mediator

Judgment as a Matter of Law (during Trial)

Disburse Funds

Extension of Time

In Limine

Joinder

More Definite Statement

Motion to Dismiss pursuant to Rule 12(b)

New Trial

Objection of Exemptions Claimed

Plaintiff's Motion to Dismiss

Preliminary Injunction

Protective Order

Quash

Release from Stay of Execution

Sanctions

Sever

Special Practice in Alabama

Stay

Strike

Supplement to Pending Motion

Vacate or Modify

Withdraw

Other Joint Motion for Class Certification andPreliminalry Approval of ClassSettlement

pursuant to Rule none (Subject to Filing Fee)

pursuant to Rule ($50.00)

*This Cover Sheet must be completed and submitted to the Clerk of Court upon the filing of any motion. Each motion should contain a separate Cover Sheet.

**Motions titled 'Motion to Dismiss' that are not pursuant to Rule 12(b) and are in fact Motions for Summary Judgments are subject to filing fee.

*Motion fees are enumerated in §12-19-71(a). Feespursuant to Local Act are not included. Please contact theClerk of the Court regarding applicable local fees.

Local Court Costs $

C001 - HILTON COOPER CONTRACTING, INC.C002 - JRD CONTRACTING, INC.C003 - HARRINGTON ENTERPRISES D/B/AWAYNE CROY CAR CENTERC004 - OTAY HYDRAULICS, INC.C005 - EUFAULA MARINE & POWEREQUIPMENT, LLCC006 - ROGER MILLER D/B/A ROGER'S AUTOSERVICEC007 - AGRICON EQUIPMENT COMPANY, LLCC008 - JOE HOLLAND CHEVROLET

0.00

2/5/2015 1:58:45 PM

CV201090002100

Pendente Lite

Oral Arguments Requested

Motion to Intervene ($297.00)

ELECTRONICALLY FILED2/5/2015 2:10 PM

06-CV-2010-900021.00CIRCUIT COURT OF

BARBOUR COUNTY, ALABAMADAVID NIX, CLERK

IN THE CIRCUIT COURT OF BARBOUR COUNTY, ALABAMA CLAYTON DIVISION

HILTON COOPER CONTRACTING, INC.; JRD CONTRACTING, INC.; HARRINGTON ENTERPRISES d/b/a WAYNE CROY CAR CENTER; OTAY HYDRAULICS, INC.; EUFAULA MARINE & POWER EQUIPMENT, LLC; ROGER MILLER d/b/a ROGER’S AUTO SERVICE; AGRICON EQUIPMENT COMPANY, LLC; and JOE HOLLAND CHEVROLET,

Plaintiffs v. SAFETY-KLEEN SYSTEMS, INC.; SAFETY-KLEEN, INC.; and CLEAN HARBORS, INC., Defendants.

)))))))))))))))))))

CIVIL ACTION NO. CV-2010-900021

JOINT MOTION FOR CLASS CERTIFICATION AND PRELIMINARY APPROVAL OF CLASS SETTLEMENT

Plaintiffs and Defendants, by and through their undersigned counsel, move this Court to

enter an Order conditionally certifying a settlement class and an Order preliminarily approving

the Compromised Stipulation of Class Action Settlement (the “Stipulation”)1 between the parties.

In support of this motion, the parties show as follows:

Plaintiffs and Defendants, by and through their undersigned counsel, move this Court to

enter an Order conditionally certifying a settlement class and an Order preliminarily approving

the Stipulation between the parties. In support of this motion, the parties show as follows:

1 The Stipulation is attached as Exhibit A. The proposed order is attached as Exhibit B.

ELECTRONICALLY FILED2/5/2015 2:10 PM

06-CV-2010-900021.00CIRCUIT COURT OF

BARBOUR COUNTY, ALABAMADAVID NIX, CLERK

2

1. Through extended, arms’ length negotiations and multiple mediation sessions

(which together took place over the span of almost an entire year), Plaintiffs and Defendants

have reached an agreement which, if completed, would resolve this matter fully and finally. The

terms of the agreement are set forth in the Stipulation between the parties, submitted to the Court

herewith.

2. Plaintiffs’ counsel has extensive experience in cases such as this, and has

conducted such discovery and investigation necessary to make an informed evaluation of the

proposed settlement. Plaintiffs’ counsel is of the opinion that, all things considered, the

proposed settlement is in the best interest of the Settlement Class, as defined below.

3. The parties show to the Court the following facts, as stipulated to for the purpose

of this motion:

A. The proposed settlement class (the “Settlement Class” or the “Class” or

the “Settlement Class Members”) is defined as:

All customers of Safety-Kleen (persons or entities) with locations in Alabama, Missouri, California, Florida, Arkansas, and West Virginia which locations paid to Safety-Kleen (and/or whose total amount owed to them by Safety-Kleen was decreased by amounts attributable to the subject fees) during the class period, which is defined in the Stipulation, a (1) fuel surcharge (however titled), (2) an Extended Service Area fee, and/or (3) a late payment fee or substantively similar charges which were identified or described differently (the “Fees”). Excluded from the Settlement Class are: (1) national or regional customers (as defined in the Stipulation); (2) municipalities; (3) those customers currently in bankruptcy or which filed bankruptcy subsequent to payment of a Fee covered by this Stipulation; (4) those customers whose obligations have been discharged in bankruptcy; (5) governmental agencies, entities, or judicial officers; (6) Defendants, any affiliate, parent, and/or subsidiary of Defendants and any agents, employees, officers and/or directors of Defendants or any other such entities and their representatives, heirs, successor and/or assigns; and (7) any person or entity which properly executes and submits a timely request for exclusion from the Settlement Class.

3

B. This consolidated action was brought on behalf of a class of persons in six

different states which received products and/or services from Safety-Kleen. Comprising this

consolidated action are five actions involving eight plaintiffs represented by numerous law firms,

as follows:  

Hilton Cooper Contracting, Inc., et al. v. Safety-Kleen Systems, Inc., et al. (pending in the Circuit Court of Barbour County, Alabama, CV-2010-900021)

Harrington Enterprises, Inc. d/b/a Wayne Croy Car Center v. Safety-Kleen Systems, Inc. (pending in the United States District Court for the Western District of Missouri, 4:13-cv-00167)

Otay Hydraulics, Inc. v. Safety-Kleen Systems, Inc. (pending in the Superior Court of California, County of Los Angeles, Central District, BC487171)

Roger Miller d/b/a Roger’s Auto Service v. Safety-Kleen Systems, Inc., et al. (pending in the Circuit Court of Barbour County, Alabama, CV-2014-900012)

Eufaula Marine & Power Equipment, LLC v. Safety-Kleen Systems, Inc., et al. (pending in the District Court of Barbour County, Alabama, DV-2014-000001) C. Plaintiffs allege that Defendants (among other things) breached the

contracts and agreements at issue and/or engaged in various unlawful conduct in connection with

the Fees at issue in this Lawsuit. Plaintiffs also sought an injunction related to such practices.

Defendants deny all allegations of wrongdoing.

D. Based upon an evaluation of Defendants’ billing records, the parties

believe there will be in excess of 1,000 entities and individuals within the class definition.

E. Plaintiffs allege that many entities and persons within the Settlement Class

– including some of the named Plaintiffs – appear to have entered into substantially similar

agreements with Safety-Kleen which used identical or substantially similar relevant language.

Among other things, such language sometimes addresses in what circumstances Safety-Kleen

may charge and collect the Fees at issue.

4

F. All of the entities and individuals within the Settlement Class – including

the named Plaintiffs – paid at least one of the Fees during the applicable class period.

4. The Stipulation provides for significant relief to the proposed Settlement Class via

a simple claims procedure which allows Settlement Class Members to make a claim for a refund

of a portion of the Fees paid during the applicable class period. The class relief, the Claim Form

procedure, and the applicable class period, are set forth in detail in the Stipulation.

5. As provided in the Stipulation, the Settlement Class will receive Postcard Notice

of the settlement in the form attached as Exhibit C, and will, if participating in the settlement,

complete a simple Claim Form in the form attached as Exhibit D. A Long Form Notice in the

form attached as Exhibit E will be published on the website established to assist in the

administration of the settlement. The settlement website will also contain a list of Frequently

Asked Questions in the form attached as Exhibit F.

6. The Stipulation also provides for injunctive relief to the Settlement Class. This

relief will be available to the Settlement Class even if they do not submit a Claim Form.

WHEREFORE, premises considered, Plaintiffs and Defendants respectfully request that

the Court enter an Order (substantially in the form of Exhibit B) preliminarily approving the

Stipulation between the parties.

5

Respectfully submitted this 5th day of February, 2015.

/s/ Robert G. Methvin, Jr. /s/ Gregory C. Cook Robert G. Methvin, Jr. James M. Terrell Patrick C. Marshall MCCALLUM, METHVIN & TERRELL, P.C. 2201 Arlington Avenue South Birmingham, Alabama 35205 Attorneys for Plaintiffs

Gregory C. Cook BALCH & BINGHAM LLP Post Office Box 306 Birmingham, AL 35201-0306 Telephone: (205) 251-8100 Facsimile: (205) 226-8798 gcook@balch.com G. Lane Knight BALCH & BINGHAM LLP Post Office Box 78 Montgomery, AL 36101-0078 Telephone: (334) 834-6500 Facsimile: (334) 269-3115 lknight@balch.com Attorneys for Defendants

6

CERTIFICATE OF SERVICE

I hereby certify that on this 5th day of February, 2015, I electronically filed the foregoing

with the Clerk of the Court using the AlaFile system and service will be perfected upon any

AlaFile participant(s) electronically.

/s/ Robert G. Methvin, Jr.

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