Exhibit 10.1


IN THE
UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION


	
  OWNER-OPERATOR INDEPENDENT

  	
  )

  	
   

  
	
  DRIVERS ASSOCIATION, INC., et al.

  	
  )

  	
   

  
	
   

  	
  )

  	
   

  
	
   

  	
  Plaintiffs,

  	
  )

  	
   

  
	
   

  	
  )

  	
  Case No. 04 C 3207

  
	
  v.

  	
   

  	
  )

  	
  Class Action

  
	
   

  	
  )

  	
   

  
	
  ALLIED VAN LINES, INC., et al.,

  	
  )

  	
   

  
	
  TFC, INC.

  	
  )

  	
   

  
	
   

  	
  )

  	
   

  
	
   

  	
  Defendants.

  	
  )

  	
   

  
	
   

  	
   

  	
  )

  	
   

  
					



 


SETTLEMENT
AGREEMENT


This Settlement
Agreement memorializes the terms under which 
litigation and/or claims by, between and among the Parties:
Owner-Operator Independent Drivers Association, Inc. (“OOIDA”), Rodney
Rockwell, Jack Austin, Jr., and Austin Transportation Co., Inc., George M.
Pancoast III, Nelson Todd Myers, Lawrence Joseph McMullen, Roderick Boster and
on behalf of themselves individually, and the class they represent or seek to
represent (together as “PLAINTIFFS”), and Allied Van Lines, Inc.; North
American Van Lines, Inc.; Global Van Lines, Inc.; and SIRVA, Inc. (together as “VAN
LINE DEFENDANTS”); and TFC, Inc., have been resolved, subject to the approval
of the Court, as follows:


1.             PARTIES AND OTHERS


As used throughout
this Agreement:


A.            “OOIDA” means Owner-Operator
Independent Drivers Association, Inc. (“OOIDA”) and its subsidiaries,
affiliates, predecessors, successors, and assigns, and their officers,
directors, and employees.













B.            “PLAINTIFFS” means OOIDA, Rodney
Rockwell, Jack Austin, Jr., and Austin Transportation Co., Inc., George M.
Pancoast III, Nelson Todd Myers, Lawrence Joseph McMullen, Roderick Boster on
behalf of themselves individually, and the class they represent or seek to
represent;


C.            “CLASS MEMBERS” means all members of
the Class and various Subclasses described in Section 3(D) below.


D.            “AVL” means Allied Van Lines, Inc.
and its subsidiaries, affiliates, predecessors, successors, and assigns, and
their officers, directors, and employees. 
AVL does not include agents under a written agency agreement with AVL,
who are separately identified herein.


E.             “NAVL” means North American Van
Lines, Inc. and its subsidiaries, affiliates, predecessors, successors, and
assigns, and their officers, directors, and employees. NAVL does not include
agents under a written agency agreement with NAVL, who are separately
identified herein.


F.             “GVL” means Global Van Lines, Inc.
and its subsidiaries, affiliates, predecessors, successors, and assigns, and
their officers, directors, stockholders, attorneys and employees. GVL does not
include agents under a written agency agreement with GVL, who are separately
identified herein.


G.            “SIRVA” means SIRVA, Inc. and its
subsidiaries, affiliates, predecessors, successors, and assigns, and their
officers, directors, stockholders, attorneys and employees.  SIRVA does not include agents under a written
agency agreement with the VAN LINE DEFENDANTS, who are separately identified
herein.


H.            “TFC” means TFC, Inc. and its
subsidiaries, affiliates, predecessors, successors, and assigns, and their
officers, directors, stockholders, attorneys and employees.



 2
 









I.              “VAN LINE AGENTS” means all agents
under a written agency agreement with any one of the VAN LINE DEFENDANTS.


2.             SCOPE OF SETTLEMENT AGREEMENT


This Settlement
Agreement resolves all claims asserted or that could have been asserted  in the following matters (hereinafter the “VAN
LINE ACTIONS”), in accordance with the settlement and release terms set forth
below:


A.            OOIDA, Inc., et al. v.
Allied Van Lines, Inc., Case No. 04 C 3207, currently pending in the
United States District Court for the Northern District of Illinois, Eastern
Division (“AVL Action”);


B.            OOIDA, Inc., et al. v.
North American Van Lines, Case No. 1:05 cv 296, currently pending in
the United States District Court for the Northern District of Indiana, Fort
Wayne Division (“NAVL Action”);


C.            Claims by OOIDA currently subject to
litigation in the AVL Action and/or NAVL Action, on its own behalf and the
class it would seek to represent, which shall be expanded as set forth in
Section 3 A herein.


3.             PROCEDURAL PROVISIONS RELATING TO CLASS CERTIFICATION


Simultaneously
with the Parties’ filing, with this Court, of the Agreed Motion called for by
Section 10 below, PLAINTIFFS shall draft, subject to the VAN LINE DEFENDANTS’
and TFC’s review and approval, and file the following Amended Complaint and
motions:


A.            PLAINTIFFS shall move to amend the
Complaint in the AVL Action, and seek leave to enlarge the Plaintiff Class
already certified in that action, to include all Owner-Operators (defined as
those owner-operators of commercial motor vehicle equipment who provide or
provided equipment and driving services for compensation for the movement of
freight under the 



 3
 









VAN LINE DEFENDANTS’
operating authority), of AVL who, after May 5, 2000 and ending on the date of
the Preliminary Approval Date, were or should have been parties to
federally-regulated leases with AVL or its VAN LINE AGENTS.  The Amended Complaint shall assert an action
under 49 U.S.C. §§ 14704(a)(1) and (2) for violations of the federal
Truth-in-Leasing Regulations, 49 C.F.R. Part 376, and shall be brought on
behalf of the above-expanded class. 
Subject to reviewing and approving PLAINTIFFS’ motion and the Amended
Complaint, VAN LINE DEFENDANTS agree to not oppose the foregoing amendment to
the Complaint or the foregoing enlargement of the AVL Plaintiff Class.


B.            PLAINTIFFS shall move to amend the
Complaint in the AVL Action, and to seek leave to permit OOIDA, on its own
behalf, and on behalf of the class it would seek to represent, to (1) join GVL
as a Defendant, and (2) enlarge the class already certified in that action to
include all GVL Owner-Operators who, after March 22, 2001,  and ending on the Preliminary Approval Date,
were or should have been parties to federally-regulated leases with GVL or its
VAN LINE AGENTS.  The proposed Amended
Complaint shall assert an action under 49 U.S.C. §§ 14704(a)(1) and (2) for violations
of the federal Truth-in-Leasing Regulations, 49 C.F.R. Part 376 and shall be
brought on behalf of all individuals who, after March 22, 2001 and ending on
the date of the Preliminary Approval Date, 
were or should have been parties to federally regulated leases with GVL
or its VAN LINE AGENTS.  Subject to
reviewing and approving PLAINTIFFS’ motion and the Amended Complaint, VAN LINE
DEFENDANTS agree to not oppose the foregoing amendment to the Complaint or the
foregoing enlargement of the AVL Plaintiff Class.


C.            PLAINTIFFS and NAVL shall file an
agreed motion in the United States District Court for the Northern District of
Indiana, Fort Wayne Division, to transfer the NAVL Action to 



 4
 









the United States
District Court for the Northern District of Illinois, Eastern Division, for
consolidation with the AVL Action. Such transfer shall state that it is being
filed pursuant to 28 U.S.C. § 1404(a) for the convenience of the parties in
settling the NAVL Action as part of this Agreement.  Upon transfer, PLAINTIFFS and the VAN LINE
DEFENDANTS shall file, with the Court in the AVL Action, an agreed motion to
consolidate the NAVL Action with the AVL Action.


D.            PLAINTIFFS shall file a Motion for
Certification of a Settlement Class in the pending AVL Action in which they
shall seek certification, effective upon transfer and consolidation of the NAVL
Action with the AVL Action and amendment of the Complaint in the ways described
above, of a Class comprising the following Subclasses:


(i)                                   All
Owner-Operators who, after May 5, 2000, and ending on the Preliminary Approval
Date of this agreement, were parties to federally-regulated (written or oral)
leases with AVL or its VAN LINE AGENTS.


(ii)                                All
Owner-Operators who, after March 22, 2001, and ending on the Preliminary Approval
Date of this agreement, were parties to federally-regulated (written or oral)
leases with NAVL or its VAN LINE AGENTS.


(iii)                             All
Owner-Operators who, after March 22, 2001 and ending on the date of the
Preliminary Approval, were parties to federally-regulated (written or
oral)  leases with GVL or its VAN LINE
AGENTS.


4.             SETTLEMENT TERMS AND CONDITIONS


A.            Payment Amount and Schedule


To fully and
finally settle all claims in the VAN LINE ACTIONS, the VAN LINE DEFENDANTS
shall pay a total of eight million dollars ($8,000,000), the “Settlement
Amount,” pursuant to the following Payment Schedule:


1.             Three million dollars ($3,000,000)
(“First Settlement Payment”) to be paid into a class settlement trust account
maintained by The Cullen Law Firm, PLLC (“VAN LINE CLASS-



 5
 









ACTION TRUST ACCOUNT”),
as trustee for the Class within ten days of the date that the Court grants
preliminary approval of this Settlement Agreement in response to the Agreed
Motion called for by Section 10 below, such date being referred to as “Preliminary
Approval Date” throughout this Agreement.


2.             Three million dollars ($3,000,000)
(“Second Settlement Payment”) to be paid into the VAN LINE CLASS-ACTION TRUST
ACCOUNT within 12 months of the Preliminary Approval Date; and


3.             Two million dollars ($2,000,000) (“Third
Settlement Payment”) to be paid into the VAN LINE CLASS-ACTION TRUST ACCOUNT
within 24 months of the Preliminary Approval Date.


The Settlement
Amount shall be distributed in accordance with the “Class Settlement
Distribution Plan” set forth in Section 8 below.


B.            Opt-Outs


If more than ten
(10) percent of the CLASS MEMBERS, using the opt-out procedure to be set forth
in the Court-approved notice to the Class and Subclasses, opt out of the Class,
VAN LINE DEFENDANTS shall have the option of revoking this Agreement.


5.             RELEASE PROVISIONS


A.    Upon final
approval of this Settlement Agreement, PLAINTIFFS, for and in consideration of
the VAN LINE DEFENDANTS’ agreement to pay the Settlement Amount and to
implement the New Independent Contracting Operator Agreement (“ICOA”),
(INSTRUCTIONS TO ASSIST EACH NORTH AMERICAN AGENT IN CUSTOMIZING ITS
INDEPENDENT CONTRACTOR OPERATING AGREEMENT dated 12-30-2005 and INSTRUCTIONS TO
ASSIST EACH ALLIED AGENT IN CUSTOMIZING ITS 



 6
 









INDEPENDENT CONTRACTOR OPERATING AGREEMENT dated
2-15-2006) hereinafter “Instructions”, and Disclosure Agreement referenced in
Section 6 herein, shall and do hereby fully and forever release and discharge
the VAN LINE DEFENDANTS and TFC from all rights and  claims, which were asserted against the VAN
LINE DEFENDANTS and TFC  in the VAN LINE
ACTIONS, and any claims that could have been asserted by reason of or in
connection with any matter of fact alleged therein.


B.             Upon final approval of this
Settlement Agreement, (i) the VAN LINE DEFENDANTS agree to fully and forever
release and discharge PLAINTIFFS and the other CLASS MEMBERS from any and all
claims, counterclaims, offsets, that were asserted, or could have been asserted
against OOIDA, PLAINTIFFS, and the CLASS MEMBERS in the VAN LINE ACTIONS; (ii)
TFC releases all such claims against Rockwell in the AVL ACTION.


C.            Upon final approval of this
Settlement Agreement, PLAINTIFFS and CLASS MEMBERS, for and in consideration of
the VAN LINE DEFENDANTS’ agreement to pay the Settlement Amount and  to instruct the VAN LINE AGENTS to implement
the ICOA, Instructions, and the Disclosure Agreement referenced in Section 6
herein, shall fully and forever release and discharge the VAN LINE DEFENDANTS
from all claims which were asserted against the VAN LINE DEFENDANTS  in the VAN LINE ACTIONS, and any claims that
could have been asserted by reason of or in connection with any matter of fact
alleged therein, including those arising under 49 U.S.C. §§ 14102 or 14704, 49
C.F.R. Part 376, or any other federal, state, local, or foreign laws or
regulations applicable to motor carriers’ leasing of motor vehicle equipment
(with or without drivers) .


D.            The Parties agree that each VAN LINE
AGENT shall be released from claims by PLAINTIFFS and CLASS MEMBERS in
consideration for: (1) the VAN LINE AGENT’s 



 7
 









agreement to implement
the ICOA, Instructions, and Disclosure Agreement referenced in Section 6
herein; and (2) the VAN LINE AGENT’s agreement to release claims against CLASS
MEMBERS.  In order to effectuate such
releases, the Parties have agreed to submit the “VAN LINE AGENT RELEASE” Form,
Attached as Exhibit A, for the Court’s approval.  Each VAN LINE AGENT is released by OOIDA in
consideration for the VAN LINE AGENT’s agreement to implement the ICOA, Instructions,
and Disclosure Agreement referenced in Section 6 herein.


E.             The Parties agree to reflect the
above Releases in a form of proposed Class Settlement Notice (“Class Notice”)
that the Parties shall agree on and submit, as part of the Agreed Motion called
for by Section 10 below, for approval by the Court.


F.             The Parties agree that the
foregoing Releases pertain only to acts or omissions (including drafting and
entering into the ICOA in the form to be implemented pursuant to Section 6
below) that occurred prior to the date of the Court’s final approval of this
Agreement, and do not constitute a release, waiver or consent to future acts or
omissions by the VAN LINE DEFENDANTS or the VAN LINE AGENTS, including any
failure to adhere to or perform the provisions of the ICOA and any acts or
omissions in violation of local, state, or federal law including, but not
limited to, the federal Truth-in-Leasing Regulations.


6.             NEW
ICOA AND DISCLOSURE AGREEMENT


A.            The pleadings in the VAN LINE
ACTIONS allege that the VAN LINE DEFENDANTS and/or the VAN LINE AGENTS have
engaged in acts and omissions in 
violation of the federal Truth-in-Leasing Regulations, 49 U.S.C. Part
376 (“Regulations”).  The VAN LINE
DEFENDANTS and/or the VAN LINE AGENTS admit no wrongdoing, liability, damages
sustained by PLAINTIFFS or other CLASS MEMBERS, or irreparable harm to
PLAINTIFFS or other CLASS MEMBERS with regard to any allegation in the VAN LINE




 8
 









ACTIONS, but, for
purposes of settlement, they have agreed to implement a new Independent Contractor
Operating Agreement (“ICOA”) throughout their system(s). The VAN
LINE DEFENDANTS have further instructed the VAN LINE AGENTS to implement the
ICOA. A representative copy of the ICOA is attached to this Agreement as
Exhibit C, although the Parties agree that the form of the ICOA adopted by
particular VAN LINE DEFENDANTS and VAN LINE AGENTS may permissibly vary as to
compensation methods and rates, charge-back items and rates, insurance programs
and rates, escrow fund purposes and contribution rates, and other details not
material to the claims in the VAN LINE ACTIONS. 
The VAN LINE DEFENDANTS  shall instruct all VAN LINE
AGENTS to enter into the ICOA, and to comply with the Instructions within
ninety (90) calendar days after final approval of this Settlement Agreement,
with all Owner-Operators with whom they have a current or future contract.


B.            In addition to the implementation of
the ICOA, the VAN LINE DEFENDANTS have agreed to the terms and conditions of
the “DISCLOSURE AGREEMENT,” attached as Exhibit B, under which, inter alia, they have undertaken to instruct the VAN LINE
AGENTS to provide, at the time a load assignment is made to an Owner-Operator,
the maximum amount of information available to the Van Line Agents regarding
any deviation from normal Tariff charges including, but not limited to, MVP
Extraction, Fuel Surcharge, Credit Card Fee, and any other discounts,
reductions or charges that may diminish the Tariff or net settlement payment to
the Owner-Operator.


C.            By agreeing to the VAN LINE DEFENDANTS’
implementation of the ICOA, OOIDA does not warrant that all of the terms of the
Agreement are consistent with the requirements of 49 U.S.C. § 14102(a), 49
C.F.R. § 376.11, and 49 C.F.R.  376.12.  Nonetheless, taking into account all of the
uncertainties and expense of continued litigation, OOIDA agrees to 



 9
 









forego bringing
suit alleging that the language of the ICOA does not comply with the
requirements of 49 C.F.R. Part 376, for as long as the VAN LINE DEFENDANTS and
the VAN LINE AGENTS adhere to and perform consistent with the ICOA, the
Instructions, and the Disclosure Agreement.


7.             INCENTIVE AWARDS.


Class Counsel
shall recommend to the Court that the Individual Named Plaintiffs shall receive
Incentive Awards, to compensate them for the time, effort, expense, and risk
associated with their initiation, investigation and participation in this
litigation in amounts ranging from $30,000 to $60,000 per Plaintiff.  The specific awards to be recommended are as
follows:


	
  Rodney Rockwell

  	
   

  	
  $

  	
  60,000

  	
   

  
	
  Skip Austin

  	
   

  	
  $

  	
  60,000

  	
   

  
	
  George Pancoast

  	
   

  	
  $

  	
  40,000

  	
   

  
	
  Nelson Todd Myers

  	
   

  	
  $

  	
  30,000

  	
   

  
	
  Lawrence Joseph
  McMullen

  	
   

  	
  $

  	
  30,000

  	
   

  
	
  Roderick Boster

  	
   

  	
  $

  	
  30,000

  	
   

  
	
  Patrick MacVittie

  	
   

  	
  $

  	
  30,000

  	
   

  



 


The foregoing
amounts and allocations have been determined to be fair and appropriate by the
Individual Named Plaintiffs based upon their familiarity with the roles they
each have played in the prosecution of the case. Patrick MacVittie was
previously dismissed as a party from the AVL action; however, he has nonetheless
diligently assisted Class Counsel in prosecution of this action. The Parties
agree that these awards  are fair,
reasonable, and adequate. The payment of the Incentive Awards shall be made out
of the First Settlement Payment.



 10
 









8.             CLASS SETTLEMENT DISTRIBUTION
PLAN


A.            Settlement Payments


The Settlement
Amount shall be paid into the VAN LINE CLASS-ACTION TRUST ACCOUNT maintained by
Class Counsel in accordance with the rules of the Bar Association of the
District of Columbia.


B.            Attorneys’ Fees


PLAINTIFFS shall
apply for, and the VAN LINE DEFENDANTS agree not to oppose, an award of
attorneys’ fees in the amount of 25% of the Settlement Amount or Common Fund
plus all expenses accrued in the litigation, and those that may be incurred in
administration of the settlement.  The
attorneys’ fees and expenses shall be paid from the Settlement Amount or Common
Fund, according to the following schedule: 
(1) 25% of the $3,000,000 First Settlement Payment by Defendants plus
all expenses accrued upon final approval of the settlement; (2) 25% of the
$3,000,000 Second Settlement Payment by Defendants plus all expenses accrued;
and (3) 25% of the $2,000,000 Third Settlement Payment by Defendants plus all
expenses accrued.  Class counsel shall be
entitled to accelerate the payment of fees and/or expenses as provided for
herein out of any interim payments to class members found to be
undeliverable.  In no event, however,
will the total amount of fees and expenses awarded by the Court be increased on
account of such acceleration.


C.            Incentive Awards


Class Counsel
shall recommend to the Court that Individual Named Plaintiffs pursuant to
Section 7 above shall, upon approval by the Court receive Incentive Awards, be
paid in lump sums out of the $3,000,000 First Settlement Payment made by
Defendants, to compensate them for the time, effort, risk and expense
associated with their initiation, investigation and 



 11
 









participation in this
litigation.  The Defendants will not
oppose these recommendations and the parties agree to accept and abide by any
final ruling by the Court on these Incentive Awards.


D.            Class Distribution Plan


Subject to
approval by the Court, the Parties agree that the Settlement Amount, net of
attorneys’ fees to Class Counsel, incentive payments, and administrative costs
(“Net Settlement Funds”) shall be distributed to the CLASS MEMBERS as follows:


(i)            Distribution Plan
—The Net Settlement Fund shall be distributed to all CLASS MEMBERS, as soon as
practicable after receipt by The Cullen Law Firm from the First, Second, and
Third Settlement Payments, respectively. 
The Parties shall submit a proposed allocation and distribution
mechanism in advance of any hearing to consider approval of the class
settlement and entry of a Class Distribution Plan.


(ii)           Administrative Costs and
Undeliverable Funds


Undeliverable
funds shall be distributed to first pay the costs of distribution and to
accelerate payment of attorneys fees approved by the Court, but not yet paid
out of the Class Settlement Account as provided for in subparagraph B
above.  After payment of all distribution
costs and attorneys’ fees, any remaining undeliverable funds shall then be used
to make an additional class-wide distribution to all class members whose
addresses could be confirmed in the distribution of the First Settlement
Payment. Any funds remaining after the foregoing distributions shall thereafter
be subject to a cy pres distribution to the OOIDA
Foundation, Inc., a not-for-profit charitable organization subject to the
provisions set forth in the IRS Code Section 501(c)(3).  This cy pres
distribution will be used to support research and educational projects designed
to benefit owner-operators and small business trucker as well as to support the
OOIDA Foundation Scholarship fund.



 12
 









E.             VAN LINE DEFENDANTS shall cooperate
with PLAINTIFFS’ efforts to distribute the Settlement Amount in accordance with
a Class Settlement Distribution Plan, including but not limited to providing
individual names, last known addresses, social security numbers, and other
relevant information reasonably available to VAN LINE DEFENDANTS on computer
readable media.  VAN LINE DEFENDANTS
shall have no responsibility for, or involvement in, the actual distribution
itself or with respect to other matters to be covered in a Class Settlement Distribution
Plan.  Class Counsel shall disclose its
proposed allocation and distribution mechanism in advance of any hearing to
consider approval of the class settlement and entry of a Class Distribution
Plan.  PLAINTIFFS shall bear the burden
of obtaining court approval of the fairness of the proposed settlement, the
appropriateness of the allocation and distribution mechanism, the
reasonableness of attorneys’ fees and expenses or any proposed incentive
awards, and any other class related issues that are the subject of a Class
Settlement Distribution Plan.  VAN LINE
DEFENDANTS shall support PLAINTIFFS’efforts in obtaining court approval of a
Class Settlement Distribution Plan, including attending hearings and making
filings as necessary.


10.                               AGREED
MOTION TO PRELIMINARILY APPROVE SETTLEMENT AGREEMENT, AND APPROVE PROPOSED FORM
OF NOTICE TO CLASS


No later than
thirty (30) calendar days after this Settlement Agreement is signed, the
Parties shall, file an agreed motion with the Court in the AVL Action to preliminarily
approve the Settlement Agreement, the Settlement Distribution Plan, fees and
costs, and approve the form of notice to be mailed to all members of the Class;
set a date, as soon as practicable after expiration of a class notice/opt-out
period of thirty (30) calendar days, for a fairness hearing to approve the
Settlement Agreement and Settlement Distribution Plan as fair, reasonable, and 



 13
 









adequate; and to stay all
proceedings in this case unrelated to the approval and implementation of this
Settlement Agreement pending the fairness hearing and ruling by the Court.


11.          PRESS RELEASE


The parties agree
that they shall issue an agreed joint press release after the execution of this
Settlement Agreement.


12.          GENERAL PROVISIONS


A.            This Settlement Agreement shall be
binding upon and inure to the benefit of the Parties and their respective
heirs, assigns and successors in interest.


B.            This Settlement Agreement shall be
governed by and construed in accordance with the laws of the State of Illinois
and without regard to the conflict of law rules of that State or any other
jurisdiction.


C.            All Parties to this Agreement agree
that any claim or dispute arising from or in connection with this Agreement
shall be brought exclusively in this Court, and all Parties hereby consent to
the jurisdiction of this Court for such purpose.


D.            The Parties shall execute in a
timely way all such documents and/or take such other steps as may be necessary
to effectuate the transactions contemplated by this Agreement.


E.             All pronouns used in this Agreement
shall be deemed to refer to the masculine, feminine or neuter gender as the
context requires.  Original or faxed
signatures shall be equally valid.  This
Settlement Agreement may be executed by the Parties in separate counterparts,
each of which when so executed and delivered shall be an original, but all such
counterparts shall together constitute one and the same instrument.



 14
 









13.          COMPLETE AGREEMENT


The Settlement
Agreement contains the entire agreement between the Parties with respect to the
transaction contemplated herein, and replaces and supersedes any prior
understandings and agreement, oral or written, between them regarding the
subject matter of this Settlement Agreement. 
This Settlement Agreement may be amended only in writing signed by
PLAINTIFFS, the VAN LINE DEFENDANTS, TFC, and SIRVA, or their respective
counsel.


14.          EFFECTIVE DATE


The effective date of this Agreement shall be April 12, 2007.


IN WITNESS
WHEREOF, the Parties execute this Settlement Agreement on the date appearing by
their signatures below.


 


APPROVED AS TO FORM:


 


	
  /s/ Daniel E. Cohen

  	
   

  	
   

  
	
  Daniel E. Cohen, Esq.

  	
   

  	
   

  
	
  The Cullen Law Firm, PLLC

  	
   

  	
   

  
	
  One of the Counsel for PLAINTIFFS and

  	
   

  	
   

  
	
  CLASS MEMBERS

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Date:  April
  18, 2007

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  /s/ Dennis E. French

  	
   

  	
   

  
	
  Dennis E. French, Esq.

  	
   

  	
   

  
	
  Dombroff & Gilmore, P.C.

  	
   

  	
   

  
	
  One of the Counsel for the VAN LINE

  	
   

  	
   

  
	
  DEFENDANTS and TFC

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Date: April 23, 2007

  	
   

  	
   

  



 



 15
 









 


	
  PLAINTIFFS:

  	
   

  	
   

  	
  DEFENDANTS:

  
	
   

  	
   

  	
   

  	
   

  
	
  OWNER-OPERATOR INDEPENDENT

  	
   

  	
   

  	
  ALLIED VAN LINES, INC.

  
	
  DRIVERS ASSOCIATION, INC.,

  	
   

  	
   

  	
   

  
	
  INDIVIDUALLY AND AS CLASS

  	
   

  	
   

  	
   

  
	
  REPRESENTATIVE

  	
   

  	
  BY:

  	
  /s/ Michael B. McMahon

  
	
   

  	
   

  	
  Date:

  	
  April 27, 2007

  
	
   

  	
   

  	
   

  	
   

  
	
  BY:

  	
  /s/ Jim Johnston

  	
   

  	
   

  
	
  Date:

  	
  April 11, 2007

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  s/ Rodney Rockwell

  	
   

  	
   

  	
  NORTH AMERICAN VAN LINES, INC.

  
	
  RODNEY ROCKWELL,

  	
   

  	
   

  	
   

  
	
  Individually & As Class Representative

  	
   

  	
  BY:

  	
  /s/ Michael B. McMahon

  
	
  Date:

  	
   

  	
  Date:

  	
  April 27, 2007

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  /s/ Jack Austin, Jr.

  	
   

  	
   

  	
   

  
	
  JACK AUSTIN, JR., AND AUSTIN

  	
   

  	
   

  	
  GLOBAL VAN LINES, INC.

  
	
  TRANSPORTATION CO., INC.,

  	
   

  	
   

  	
   

  
	
  Individually & As Class Representative

  	
   

  	
  BY:

  	
  /s/ Michael B. McMahon

  
	
  Date:

  	
   

  	
  Date:

  	
  April 27, 2007

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  /s/ George M. Pancoast, III

  	
   

  	
   

  	
  SIRVA, INC.

  
	
  GEORGE M. PANCOAST. III

  	
   

  	
   

  	
   

  
	
  Individually & As Class Representative

  	
   

  	
  BY:

  	
  /s/ Michael B. McMahon

  
	
  Date: April 12, 2007

  	
   

  	
  Date:

  	
  April 27, 2007

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  TFC, Inc.

  
	
  /s/ Nelson Todd Myers

  	
   

  	
   

  	
   

  
	
  NELSON TODD MYERS

  	
   

  	
   

  	
   

  
	
  Individually & As Class Representative

  	
   

  	
  BY:

  	
  /s/ William T. Cirone

  
	
  Date: April 15, 2007

  	
   

  	
  Date: 

  	
  April 26, 2007

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  /s/ Lawrence Joseph McMullen

  	
   

  	
   

  	
   

  
	
  LAWRENCE JOSEPH MCMULLEN

  	
   

  	
   

  	
   

  
	
  Individually & As Class Representative

  	
   

  	
   

  	
   

  
	
  Date: April 14, 2007

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  /s/ Roderick J. Boster

  	
   

  	
   

  	
   

  
	
  RODERICK J. BOSTER

  	
   

  	
   

  	
   

  
	
  Individually & As Class Representative

  	
   

  	
   

  	
   

  
	
  Date: April 14, 2007

  	
   

  	
   

  	
   

  
						



 



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