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CURRAN v. FEDEX GROUND PACKAGE SYSTEM, INC.

Civil Action No. 08-10282-GAO.

593 F.Supp.2d 341 (2009)

Cathy CURRAN, Juarez De Souza Barboza, Ronald Day and all others similarly situated, Plaintiffs v. FEDEX GROUND PACKAGE SYTEM, INC., and Fedex Ground Package System, Inc. d/b/a Fedex Home Delivery, Defendants.

United States District Court, D. Massachusetts.

January 21, 2009.

Attorney(s) appearing for the Case

Maydad D. Cohen, Harold L. Lichten, Shannon E. Liss-Riordan, Pyle, Rome Lichten, Ehrenberg & Liss-Riordan, P.C., Elianna J. Marziani, Goodwin Procter LLP, Boston, MA, for Plaintiffs.

John R. Parker, Jr., Kenneth D. Sansom, Robert Spotswood, Emily J. Tidmore, Spotswood, Sansom & Sansbury LLC, Birmingham, AL, James Rehnquist, Goodwin Procter LLP, Boston, MA, for Defendants.

OPINION AND ORDER

O'TOOLE, District Judge.

The plaintiffs are "current and former delivery drivers of FedEx Ground Package System, Inc. or FedEx Home Delivery (collectively `Defendants' or `FedEx')." (Compl. ¶ 1.) According to the plaintiffs, FedEx utilizes a "sham business model, by which FedEx claims to `hire' independent contractors, who are required to sign an Operating Agreement [with FedEx], who in turn `hire' drivers to perform the pickup...

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