July 18, 2022
Dear Settlement Class Members:
By now, you may be wondering about the reason for the delay in receiving the 2022 Installment Payment of the Class Settlement Amount. IntelliQuick and Keith Spizzirri failed to make the payment to the Settlement Administrator that was due on June 15, 2022 which necessitated serving them with a Notice of Default. Under the terms of the Settlement Agreement, IntelliQuick and Spizzirri had thirty (30) calendar days to cure the default by transferring the required amout of the 2022 Installment Payment to Simpluris, Inc., the Settlement Administrator. We received notice that the funds were, in fact, wired on July 15th and Simpluris confirmed on July 17th that the funds were received on July 15, 2022. Under the terms of the Settlement Agreement, Simpluris has ten (10) business days to process and mail the settlement checks to each Class Member. Accordingly, Simpluris has confirmed that the checks will be mailed by July 29, 2022 so you should look for them with normal U.S. Mail delivery shortly thereafter.
If you have moved or changed your address since June 15, 2021, please fill out a Change of Information form on the Simpluris website to advise them of your change of address. Failure to do so may result in your settlement check being sent to the wrong address and will delay your receipt of your settlement amount due from the current installment. If you have questions about this process, please contact Simpluris at 888-369-3780 and advise them you are a Settlement Class Member in the Collinge v. IntelliQuick Delivery lawsuit and want to report a change of address or you may contact Class Counsel, Martin & Bonnett, PLLC Ph. (602) 240-6900 and we will assist you with that process.
Finally, there is one last Remaining Installment Payment that will be due June 15, 2023. Thereafter, no further distributions will remain.
June 23, 2021
The Settlement Administrator has received the second installment payment from IntelliQuick and expects to send the next distribution payment checks on June 25, 2021.
June 11, 2020
The Settlement Administer has received the first installment payment from IntelliQuick and is working to make the second distribution pursuant to the Settlement Agreement.
IF YOUR ADDRESS HAS CHANGED SINCE THE FIRST DISTRIBUTION, YOU NEED TO SUBMIT A CHANGE OF INFORMATION FORM.
You may complete and submit a Change of Information Form to Simpluris (the Settlement Administrator) online at the following website: http://intelliquickclassactionsettlement.com/us/form/4072/6471. You will need your SIMID number to fill out this form online. If you are unable to locate that number, please contact Simpluris.
More information about the Settlement is available by contacting the Settlement Administrator or visiting the website at http://www.intelliquickclassactionsettlement.com
Settlement Administrator:
Simpluris, Inc.
Ph. (833) 200-6669
http://www.intelliquickclassactionsettlement.com
If you have questions about the timing of the distribution payment, please check with the Settlement Administrator.
This website provides information about the current status of Collinge v. IntelliQuick Deliveries, Inc., et al., a lawsuit pending in the United States District Court for the District of Arizona for failure to pay minimum wages and overtime to delivery drivers or couriers who are working or have worked in Arizona and were misclassified as independent contractors by Intelliquick.
A SETTLEMENT HAS BEEN REACHED
to settle all claims asserted in the Lawsuit including the Class Claims. If you meet the definition of a Class Member, you are eligible to participate in this Settlement.
If You Are a Class Member, You Must Submit a Claim Form By April 23, 2019 In Order to Receive Your Individual Settlement Amount.
Instructions on how to submit a Claim Form are found in the Notice of Class Action Settlement you should have received in the mail.
If you have not received the Notice of Class Action Settlement, you can obtain one from the Settlement Administrator’s website: www.intelliquickclassactionsettlement.com
You can also find more information about the Settlement, submit your Claim Form, and fill out a Change of Information Form on the Settlement Administrator’s website:
www.intelliquickclassactionsettlement.com. You may also contact the Settlement Administrator at
(833) 200-6669.
What is the case about?
The Complaint filed in the lawsuit in April 2012 alleged that IntelliQuick knowingly misclassified its drivers or couriers as independent contractors, failed to accurate track and record all hours worked, failed to pay drivers statutorily required minimum wages and overtime wages and made unlawful deductions from the drivers’ earned compensation. The Complaint alleged violations of the Fair Labor Standards Act (“FLSA”), Arizona minimum wage laws, and other federal and state statutes. The lawsuit was filed both as an FLSA collective action and a class action relating to the alleged violations of Arizona Wage Laws.
Who is a Class Member?
If you meet either one or both of the following definitions, you are a Class Member. If you do not meet either of these definitions, you are not a Class Member even if a copy of this Notice was mailed to you.
“Rule 23 Class Members”
include all current and former IntelliQuick drivers or couriers who made pick-ups or deliveries for or on behalf of IntelliQuick within the State of Arizona who were paid as independent contractors or who were not classified or paid as employees at any time on or after April 9, 2009 through July 7, 2018 and whose names are set forth on an exhibit to the Settlement Agreement identifying then as Rule 23 Class Members. If you are a Rule 23 Class Member but not an FLSA Opt-in Class Member, the only way to receive payment is to Submit a Claim Form.
“FLSA Opt-In Class Members”
means the 96 current and former drivers or couriers who made pick-ups or deliveries for or on behalf of IntelliQuick Deliveries, Inc. within the State of Arizona and who were or are classified or paid as independent contractors and/or not classified or paid as employees at any time on or after April 9, 2009 and who opted into this Lawsuit and did not and do not subsequently opt out or withdraw their consent to sue and whose names are set forth on an exhibit to the Settlement Agreement identifying them as FLSA Opt-In Class Members. Between September 12, 2012 and through April 25, 2013, Court-approved FLSA Opt-In notices were sent to all eligible drivers and couriers who began working for IntelliQuick any time after April 9, 2009.
What Happened in the Case?
During the course of the lawsuit, the federal judge presiding over the case made several important rulings including a determination that the Intelliquick delivery drivers in Arizona were misclassified as independent contractors when, in reality, they are employees for purposes of the federal and state minimum wage and overtime laws. The court also made a finding that because of the degree of control exercised over the Arizona drivers work, both Intelliquick and its owner/president, Keith Spizzirri, are “employers” of these drivers for purposes of the FLSA and Arizona Wage Laws. This finding by the court means that all Arizona delivery drivers were entitled to at least the applicable minimum wage for all hours worked and were entitled to overtime pay at one and one-half time the regular hourly rate of pay for all hours worked in a workweek that were more than 40 hours.
As the case moved forward, the judge eventually made a finding that Intelliquick and Keith Spizzirri had intentionally violated the FLSA and Arizona Wage Laws by not paying all minimum wages and overtime due. In addition, the court also made a finding that certain provisions of the independent contractor agreements Arizona delivery drivers were forced to sign were not enforceable. These provisions had to do with taking deductions from drivers’ pay for such things as check processing fees, uniform cleaning, scanners rentals, insurance and certain expenses ordinarily paid by employers and not employees. The court ruled that damages could be recovered by drivers if these deductions caused their pay to fall below minimum wage or caused drivers to be underpaid for either minimum wage or the correct amount of overtime paid to which they are entitled.
As a result of these rulings, attorneys for defendants and the plaintiffs engaged in negotiations to see if the claims for minimum wage and overtime pay might be settled. A tentative settlement was reached in November 2018 and a formal settlement agreement was drafted and signed by the parties and their attorneys in December 2018. Because the claims had been certified by the federal judge as FLSA collective claims and class claims under the Federal Rules of Civil Procedure, the settlement has to be approved by the court.
Preliminary approval of the settlement was granted by the judge presiding over the lawsuit on February 8, 2019. The court approved a notice of the settlement to be sent to all Intelliquick delivery drivers who made deliveries in Arizona at any time between April 9, 2009 and July 7, 2018 and appointed a settlement administrator to send out notices of the settlement to class members.
Simpluris, Inc. of Costa Mesa, California has been appointed Settlement Administrator. Notices of the Settlement were mailed on February 22, 2019 to the last known address of those delivery drivers Intelliquick identified as having made deliveries in Arizona at any time between April 9, 2009 and July 7, 2018. This includes route, freight and on-demand drivers. For those drivers for whom e-mail addresses and cell phones numbers are available, electronic notices of the settlement were also sent. If you were a delivery driver for Intelliquick and made deliveries in Arizona during this time but have not received a Notice of Class Action Settlement from the Settlement Administrator you should contact the Settlement Administrator Class Counsel whose contact information is set out below.
Settlement Administrator:
Simpluris, Inc.
Class Counsel:
Martin & Bonnett, P.L.L.C.
June 13, 2019
We are pleased to report that Intelliquick Delivery, Inc. has wired the Initial Payment of the Settlement Amount to Simpluris, Inc., the Settlement Administrator. Simpluris has confirmed receipt of the $2.5 Million Initial Payment. Under the terms of the court approved Settlement Agreement, distribution of each Settlement Class Member’s proportionate share of the Initial Payment will be made on or before June 22, 2019 by Simpluris.
Under the terms of the Settlement Agreement, the initial distribution will be approximately 44% of the gross amount of each Settlement Class Member’s approved claim. The remaining 56% will be paid in equal annual installments amounting to approximately 14% of each Class Member’s approved claim until paid in full. The first annual installment following distribution of the Initial Payment will be due on or before June 22, 2020.
If you are a Settlement Class Member and have a new address since submitting your Claim Form, you should immediately contact Simpluris and/or Class Counsel and provide the new address by completing a Change of Information Form so that the settlement payment will be sent to the new address.
You may complete and submit a Change of Information Form to Simpluris online at the following website:
http://intelliquickclassactionsettlement.com/us/form/4072/6471.
You will need your SIMID number to fill out this form online. If you are unable to locate that number, please contact either SImpluris or Class Counsel.
You must submit a Change of Information form whenever you change your address in order to insure that you will receive all future installment payments to which you may be entitled.
If you have questions when you receive your distribution, please contact Simpluris or Class Counsel. We will be happy to answer your questions. If you do not receive your distribution from Simpluris or a letter from Class Counsel by June 30, 2019, please contact Class Counsel.
This website will be updated periodically with additional information regarding the Settlement and administration of the Settlement Agreement.
