1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

CHARLIE PEACOCK AND JOSE ORTIZ, 

on behalf of themselves and all other persons

similarly situated, known and unknown,

 Plaintiffs, 

 v.

CHICAGO TRANSIT AUTHORITY, 

 Defendant.

)

)

)

)

)

)

)

)

)

)

)

 

 Case No. 12 CV 334

Magistrate Judge Finnegan

FINAL SETTLEMENT AGREEMENT AND RELEASE

RECITALS

WHEREAS on January 17, 2012, Charlie Peacock and Jose Ortiz (“Named Plaintiffs”) 

filed a Complaint, in the United States District Court for the Northern District of Illinois, Eastern 

Division, Case No. 12 C 00334 (the “Litigation”), alleging a collective action under the Fair 

Labor Standards Act of 1938, 29 U.S.C. § 201 et seq. (“FLSA”), and class action under the 

Illinois Minimum Wage Law, 820 ILCS 105/1, et seq. (“IMWL”), and the Illinois Wage 

Payment and Collection Act, 820 ILCS 115/1, et seq. (“IWPCA”), for CTA’s alleged failure to 

pay rail operations employees for time CTA required them to train in connection with system 

and section picks dating from August 2, 2009 through November 20, 2011 when those 

employees voluntarily picked to work in a new Section, to work out of a different terminal, or to 

work on a different rail line; and

WHEREAS, Tremayne Smith, Darwin Walker, Randy Doss, and Woody Williams (“Optin Plaintiffs”) have given their consents in writing to become parties to the Litigation and have 

given written authorization to the Named Plaintiffs to represent them and have agreed in writing 

to be bound by any settlement of the case or adjudication by the Court; and

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 1 of 36 PageID #:111
2

WHEREAS, effective April 5, 2012, by agreement of the parties, the statute of 

limitations was tolled effective April 5, 2012, such that there are two system picks and three 

section picks at issue in the Litigation, as follows: August 2, 2009 System Pick; February 2, 2010 

System Pick; December 10, 2010 Section Pick; June 12, 2011 Section Pick; and November 20, 

2011 Section Pick (collectively, the “2009-2011 Picks”); and 

WHEREAS, the attorneys for Named Plaintiffs and Opt-in Plaintiffs have had the 

opportunity to examine CTA’s records related to the aforementioned 2009 -2011 Picks, and CTA 

has identified additional rail operations employees who may have claims with respect to this 

Litigation (“Eligible Plaintiffs”); and

WHEREAS, the amount of compensable time at issue in the Litigation, and other 

relevant matters including but not limited to Named Plaintiffs, Opt-in Plaintiffs, and Eligible 

Plaintiffs (collectively “Plaintiffs”) entitlement to liquidated damages are disputed; and

WHEREAS, CTA denies any liability to Plaintiffs in the Litigation but has concluded 

that it is desirable to settle the Litigation to avoid potential additional inconvenience, delay, and 

expense and to dispose of potentially burdensome and protracted litigation; and

WHEREAS, the attorneys for Named Plaintiffs and Opt-in Plaintiffs believe that the 

Litigation is meritorious but, recognizing that the Litigation would be protracted and would have 

an uncertain outcome, have concluded that it is desirable to settle the Litigation and that this 

settlement agreement is fair, adequate, reasonable, and in the best interests of Plaintiffs; and

IT IS THEREFORE AGREED:

TERMS AND CONDITIONS OF AGREEMENT

1. Recitals. The recitals above are incorporated in and made a part of this settlement 

agreement.

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 2 of 36 PageID #:112
3

2. Part of Judgment. This settlement agreement shall be entered as part of a 

stipulated final judgment in the Litigation.

3. Amount of Settlement. CTA agrees to pay Plaintiffs not more than $170,195.74 in 

the aggregate for unpaid wages, allocated individually in accordance with the spreadsheet 

attached as Exhibit A, and incorporated by reference, plus not more than $150,539.18 in the 

aggregate for liquidated damages, allocated individually at 88.4506185121% of the unpaid 

wages amounts set forth in Exhibit A, subject to the following conditions:

(a) The Named Plaintiffs and Opt-in Plaintiffs shall receive two checks, one 

for unpaid wages, subject to the usual and customary withholdings and deductions, and 

one for liquidated damages, not subject to the usual and customary withholdings and 

deductions.

(b) Each of the Eligible Plaintiffs shall receive two checks, one for unpaid 

wages, subject to the usual and customary withholdings and deductions, and one for 

liquidated damages, not subject to the usual and customary withholdings and deductions, 

provided that the Eligible Plaintiff submits a signed Consent to Join Suit as a Party 

Plaintiff (“Consent”), which is attached as Exhibit B and incorporated by reference, in 

sufficient time to have Plaintiffs’ counsel file it with the Federal Court no later than June 

18, 2013. CTA shall have no liability under this Agreement to any Eligible Plaintiff who 

does not timely submit the required Consent to Plaintiffs’ Counsel. The aggregate amount 

of payments listed in the first sentence of Paragraph 3 will be correspondingly reduced 

for each Eligible Plaintiff who does not timely submit the required Consent.

(c) CTA has made a good faith effort to identify all rail operations employees 

who may have claims with respect to the subject matter of the Litigation. In the event 

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 3 of 36 PageID #:113
4

that additional rail operations employees contact CTA or the attorneys for Named 

Plaintiffs and Opt-in Plaintiffs, and indicate that they believe they have a claim with 

respect to the subject matter of the Litigation, the attorneys for CTA and the attorneys for 

Named Plaintiffs and Opt-in Plaintiffs shall make reasonable, good faith efforts to 

determine whether such individuals are entitled to payment on such asserted claims. 

Provided, however, that CTA shall have no liability under this Agreement to any such 

individuals who do not make their asserted claims known to either CTA or the attorneys 

for Named and Opt-in Plaintiffs within 90 days after the mailing of the notice of right to 

join lawsuit and settlement referred to in Paragraph 5, below. Provided further that no 

additional payments shall be made by CTA unless CTA determines that such individuals 

are eligible for payments and such individuals submit a signed waiver and release. 

4. Release. Each Named Plaintiff, Opt-in Plaintiff, and Eligible Plaintiff who timely 

submits a signed Consent in accordance with Paragraph 3(b), above, fully, finally, and forever 

releases, relinquishes, discharges, and waives any and all claims he or she has or might have 

against CTA, its officers, board and board members, employees, attorneys, and agents arising 

from any act, omission, or occurrence from the beginning of time until the date this settlement 

agreement is signed on account of any and all loss or damages of any kind whatsoever, known or 

unknown, allegedly sustained or which may hereafter be sustained allegedly in consequence of, 

arising out of, resulting from, or relating to any and all wage and hour allegations or wage and 

hour claims which have been raised or which could have been raised by, or which arise from or 

relate to the facts, transactions, or occurrences described in or encompassed by the Litigation 

including but not limited to all claims under: (a) the Fair Labor Standards Act, 29 U.S.C. Sec. 

201 et seq.; (b) the Portal-to-Portal Pay Act, 29 U.S.C. Secs. 251 et seq.; (c) the Illinois 

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 4 of 36 PageID #:114
5

Minimum Wage Act, 820 ILCS 105/1 et seq.; (d) the Illinois Wage Payment and Collection Act, 

820 ILCS 115/1 et seq.; or (e) any other federal or state law, local ordinance, or regulation 

governing minimum wages, hours, or overtime compensation.

5. Court Approval. 

(a) Within 5 days of execution of this agreement, the parties shall jointly 

move the Court for approval of this settlement agreement (in substantially the same form 

as Exhibit C, which is attached and incorporated herein by reference), including a request 

that the Court authorize notice and approve the mailing of a notice of right to join lawsuit 

and settlement agreement (in substantially the same form as Exhibit D, which is attached 

and incorporated by reference) and an order authorizing notice and granting approval of 

this settlement agreement (in substantially the same form as Exhibit E, which is attached 

and incorporated by reference). 

(b) The parties shall jointly request that this settlement agreement be entered 

as an order of the Court and that the terms of this settlement agreement be expressly 

incorporated into the Court’s order granting final approval of the settlement agreement. 

The parties shall further request that the Court dismiss the Litigation without prejudice 

effective June 26, 2013, and the Court shall retain jurisdiction over the Litigation for a 

period of 60 days after the date of dismissal without prejudice for purposes of enforcing 

the parties’ settlement agreement. The parties shall request that the Court issue an order 

dismissing the Litigation with prejudice if no party files a motion to enforce the 

settlement agreement within 60 days after the date of dismissal without prejudice. 

(c) Within five business (5) days after the date of the order approving the 

settlement agreement, CTA shall provide attorneys for Named Plaintiffs and Opt-in 

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 5 of 36 PageID #:115
6

Plaintiffs with the last known addresses of the Eligible Plaintiffs and, within ten (10) 

business days thereafter, attorneys for Named Plaintiffs and Opt-in Plaintiffs shall mail or 

cause to be mailed at Plaintiffs’ expense the aforesaid form of notice of settlement, with 

all blanks appropriately filled in, by first class mail, postage prepaid, to all Eligible 

Plaintiffs at their last known addresses on file with CTA.

6. Payments to Plaintiffs. CTA shall mail the Named and four (4) Opt-in Plaintiffs 

the amounts allocated to them under Paragraph 3(a) within 45 days after the entry of the final 

judgment incorporating this settlement. CTA shall mail the Eligible Plaintiffs who timely submit 

the Consent required by Paragraph 3(b) within 45 days after all the consents are simultaneously 

filed with the Federal Court by the attorneys for Named Plaintiffs and Opt-in Plaintiffs, assuming 

that Plaintiffs’ attorneys provide a copy of all of the timely executed consents to CTA’s attorneys 

on the day they are filed with the Court. CTA shall make these payments by checks sent by first 

class mail, postage prepaid, to the last known addresses of Plaintiffs. Said checks shall be valid 

for not less than 120 days from their issuance. CTA shall provide attorneys for Named Plaintiffs 

and Opt-in Plaintiffs with a copy of the payroll report (in Microsoft Excel format), indicating the 

Plaintiffs’ names, badge numbers, addresses, payment amounts, check numbers, and the dates 

such checks were issued and mailed, within seven (7) days of the date they are mailed, and shall 

notify attorneys for Named Plaintiffs and Opt-in Plaintiffs of any checks that are returned as 

undeliverable within seven (7) days of its known receipt of any such returned checks. CTA shall 

bear all costs of mailing all checks to Plaintiffs.

7. Attorneys’ Fees and Costs. 

(a) As part of this settlement agreement, CTA agrees to pay Jacobs, Burns, 

Orlove & Hernandez the sum of $64,000.00 in attorneys’ fees and costs within 30 days 

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 6 of 36 PageID #:116
7

after the entry of the final judgment incorporating this settlement agreement. It is further 

understood that this sum of $64,000.00 constitutes full and complete payment to Jacobs, 

Burns, Orlove & Hernandez for all past and future legal services rendered with respect to 

the Litigation on behalf of the Named Plaintiffs and Opt-in Plaintiffs, other than any legal 

services necessary to enforce this settlement agreement. 

(b) CTA agrees to bear its own attorney fees and costs and shall not seek 

attorney fees and costs from any Plaintiff or attorneys for Named Plaintiffs and Opt-in 

Plaintiffs.

8. Entire Agreement. This settlement agreement, including the recitals herein, 

constitutes the entire agreement between the parties hereto and supersedes any prior agreements 

or understandings between the parties with respect to the settlement. This Agreement may be 

modified only by written agreement signed by the parties.

9. No Admissions. Neither this settlement agreement nor any action taken to carry 

out this settlement agreement is, may be construed as, gives rise to any presumption or inference 

of, or may be used as an admission or concession by or against CTA of any fault, wrongdoing, or 

liability whatsoever or of the validity of any claim by any Plaintiff.

10. Counterparts. This settlement agreement may be executed in one or more 

counterparts, each of which shall be deemed an original, but all of which together shall constitute 

one and the same instrument. Photocopies, scanned copies, or facsimile copies of such signed 

counterparts may be used in lieu of the originals.

11. Miscellaneous Provisions. The parties hereto agree to the following provisions:

(a) All of the exhibits attached hereto are incorporated by reference as though 

fully set forth herein.

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 7 of 36 PageID #:117
Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 8 of 36 PageID #:118
Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 9 of 36 PageID #:119
Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 10 of 36 PageID #:120
EXHIBIT A

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 11 of 36 PageID #:121
Badge 

No.

Last Name First Name Current 

Section

Picked 

Section TW SW RTO TW SW RTO

Total 

Hours 

Required

Base Rate of 

Pay Unpaid Wages Liquidated 

Damages Total Damages 

35873 Adway A. North West - Grn Yes Yes 12 21 33 27.184 $ 1,345.61 $ 1,190.20 $ 2,535.81 

35270 Alexander A. West Red - South Yes Yes 15 16 31 27.184 $ 1,264.06 $ 1,118.07 $ 2,382.12 

44842 Alvarado Roman North Brown Yes 16 16 20.756 $ 498.14 $ 440.61 $ 938.76 

35466 Anderson Mark South Orange Yes Yes 16 16 32 27.184 $ 1,304 83 $ 1,154.13 $ 2,458.96 

39589 Aryee Priscilla Brown West - Blue Yes 33 33 27.761 $ 1,374.17 $ 1,215.46 $ 2,589.63 

45616 Ayala Jose South Brown Yes 16 16 19.373 $ 464 95 $ 411.25 $ 876.20 

49087 Baez Christopher South West - Blue Yes Yes 33 21 54 19.029 $ 1,541 35 $ 1,363.33 $ 2,904.68 

39650 Baker Leroy South West - Grn Yes 12 12 27.184 $ 489 31 $ 432.80 $ 922.11 

45618 Barr Mark South Brown Yes 16 16 19.373 $ 464 95 $ 411.25 $ 876.20 

39751 Bates Natasha South West - Blue Yes 33 33 27.761 $ 1,374.17 $ 1,215.46 $ 2,589.63 

49144 Bell Maria West Green - South Yes 8 8 19 029 $ 228 35 $ 201.98 $ 430.32 

43582 Bentancur Ricardo North West - Blue Yes Yes 33 21 54 27.184 $ 2,201 90 $ 1,947.60 $ 4,149.50 

39334 Blakely Kyle South West - Blue Yes 33 33 27.761 $ 1,374.17 $ 1,215.46 $ 2,589.63 

39285 Booker Geralrd Orange West - Blue Yes 33 33 27.761 $ 1,374.17 $ 1,215.46 $ 2,589.63 

22997 Branch Mae South Yes 16 16 27.779 $ 666.70 $ 589.70 $ 1,256.39 

39214 Brown M. North Red - South Yes Yes 15 16 31 27.675 $ 1,286 89 $ 1,138.26 $ 2,425.15 

45010 Brown M. West Red - South Yes Yes 15 16 31 20 388 $ 948 04 $ 838.55 $ 1,786.59 

42181 Bryant N. South West - Blue Yes Yes 33 21 54 27.184 $ 2,201 90 $ 1,947.60 $ 4,149.50 

44732 Buckner Christina South Orange Yes Yes 14 16 30 20.388 $ 917.46 $ 811.50 $ 1,728.96 

39592 Cabrera Juan Brown West - Grn Yes 12 12 27.761 $ 499.70 $ 441.99 $ 941.68 

45683 Cancel E. South West - Grn Yes 12 12 19 029 $ 342 52 $ 302.96 $ 645.48 

42699 Cannon Bianca North West - Blue Yes Yes 33 21 54 27.184 $ 2,201 90 $ 1,947.60 $ 4,149.50 

44002 Cazarez Gabriel West Orange Yes Yes 16 16 32 27.184 $ 1,304 83 $ 1,154.13 $ 2,458.96 

34648 Chambers M. West Red - South Yes Yes 15 16 31 27.184 $ 1,264 06 $ 1,118.07 $ 2,382.12 

32486 Clay M. Brown West Yes 21 21 27.761 $ 874.47 $ 773.48 $ 1,647.95 

35619 Davis D. North Brown Yes 16 16 27.184 $ 652.42 $ 577.07 $ 1,229.48 

36061 Dawson K. South West Yes 21 21 27.761 $ 874.47 $ 773.48 $ 1,647.95 

45235 De Pettus K. West Green - South Yes 8 8 19 373 $ 232.48 $ 205.63 $ 438.10 

42784 DeSavieu Dominique North West - Blue Yes Yes 33 21 54 27.184 $ 2,201 90 $ 1,947.60 $ 4,149.50 

45621 Dominguez Javier North Brown Yes 16 16 19.373 $ 464 95 $ 411.25 $ 876.20 

41981 Donaldson Michael West Green - South Yes 8 8 27.675 $ 332.10 $ 293.74 $ 625.84 

27182 Durham Selena West Green - South Yes 16 16 27.184 $ 652.42 $ 577.07 $ 1,229.48 

49090 Falcon Juan South West Yes 21 21 19.373 $ 610 25 $ 539.77 $ 1,150.02 

37476 Finger Jr. J. North Red South Yes 15 15 27.761 $ 624.62 $ 552.48 $ 1,177.10 

45546 Folliard Michael Brown Orange Yes Yes 16 16 32 19.373 $ 929 90 $ 822.51 $ 1,752.41 

42584 Garner E E. North West - Grn Yes Yes 12 21 33 27.184 $ 1,345.61 $ 1 190.20 $ 2 535.81 

42743 Godinez Carlos West Orange Yes Yes 16 16 32 27.184 $ 1,304 83 $ 1,154.13 $ 2,458.96 

48152 Graham Darryl South North Yes Yes 31 19 50 20.388 $ 1,529.10 $ 1,352.50 $ 2,881.60 

48201 Green Angela Brown West Yes 21 21 20.756 $ - $ - $ - 

49093 Guerrero Issac South West Yes 21 21 19.373 $ 610 25 $ 539.77 $ 1,150.02 

42050 Hardy Jamese Brown West - Blue Yes 33 33 27.761 $ 1,374.17 $ 1,215.46 $ 2,589.63 

45756 Harris Nathaniel North West Yes 21 21 19.373 $ 610 25 $ 539.77 $ 1,150.02 

42786 Hawkins N. West Green - South RTO 8 8 27.675 $ 332.10 $ 293.74 $ 625.84 

44962 Hegewood LeCroix West North Yes Yes 31 19 50 20.388 $ 1,529.10 $ 1,352.50 $ 2,881.60 

45687 Hernandez Jorge South West Yes 21 21 19.029 $ 599.41 $ 530.18 $ 1,129.60 

42618 Hill Sheno North West Yes Yes 33 21 54 27.184 $ - $ - $ - 

39059 Housmah M. North West - Blue Yes 33 33 27.761 $ 1,374.17 $ 1,215.46 $ 2,589.63 

26446 Hunter Kenneth North Green - South Yes 21 21 27.761 $ 874.47 $ 773.48 $ 1,647.95 

44518 Jefferson Flynn Orange Green - South Yes Yes 16 8 24 21.747 $ 782 89 $ 692.47 $ 1,475.36 

39337 Jones Frederick South West - Grn Yes 12.0 12 27.761 $ 499.70 $ 441.99 $ 941.68 

45624 Judeh Ayub North Brown Yes 16 16 19 373 $ 464 95 $ 411.25 $ 876.20 

20279 Kennedy Michael Orange South Yes 16 16 27.675 $ 664 20 $ 587.49 $ 1,251.69 

45625 Kokot Gene-Paul North Brown Yes 16 16 19.373 $ 464 95 $ 411.25 $ 876.20 

44007 Lagunas Maria West Orange Yes 16 16 27.675 $ 664 20 $ 587.49 $ 1,251.69 

44008 Lagunas Roberto West Orange Yes Yes 16 16 32 27.184 $ 1,304 83 $ 1,154.13 $ 2,458.96 

36084 Leach B. North West - Grn Yes 12 12 27.761 $ 499.70 $ 441.99 $ 941.68 

44009 Lee Nolan West Orange Yes 16 16 27.675 $ 664 20 $ 587.49 $ 1 251.69 

45573 Madulara R. Orange West - Grn Yes Yes 12 21 33 19 029 $ 941 94 $ 833.15 $ 1,775.08 

45628 Marrero III Euricle North Brown Yes 16 16 19 373 $ 464 95 $ 411.25 $ 876.20 

20905 Martin A. North Red - South Yes 15 15 27.761 $ 624.62 $ 552.48 $ 1,177.10 

44064 Martinez Cesar West Orange Yes Yes 16 16 32 27.184 $ 1,304 83 $ 1,154.13 $ 2,458.96 

44065 Mendoza Juan North Brown Yes Yes 16 16 32 27.184 $ 1,304 83 $ 1,154.13 $ 2,458.96 

45574 Mercado Elizabeth Orange Brown Yes 16 16 19.373 $ 464 95 $ 411.25 $ 876.20 

39339 Miller K. North Green - South Yes 8 8 27.675 $ 332.10 $ 293.74 $ 625.84 

38647 Mitchell Albert Orange Brown Yes 16 16 27.675 $ 664 20 $ 587.49 $ 1,251.69 

39597 Moore C. South West - Blue Yes 33 33 27.761 $ 1,374.17 $ 1,215.46 $ 2,589.63 

44739 Moore Nina South North Yes Yes 31 19 50 20.388 $ 1,529.10 $ 1,352.50 $ 2,881.60 

31976 Moore T. North West Yes 21 21 27.675 $ 871.76 $ 771.08 $ 1,642.84 

44599 Morgan D. South West - Grn Yes 12 12 21.747 $ 391.45 $ 346.24 $ 737.68 

25267 Morris-Bell Sherry North West - Blue Yes 33 33 27.761 $ 1,374.17 $ 1,215.46 $ 2,589.63 

39655 Mounia M. South West - Blue Yes 33 33 27.761 $ 1,374.17 $ 1,215.46 $ 2,589.63 

40169 Muhammad K. West Green - South Yes 8 8 27.675 $ 332.10 $ 293.74 $ 625.84 

27070 New Micelle North Orange Yes 16 16 27.675 $ 664 20 $ 587.49 $ 1,251.69 

45630 Nowak Walter South Orange Yes Yes 16 16 32 19.029 $ 913 39 $ 807.90 $ 1,721.29 

43589 Ortega David West Orange Yes 16 16 27.675 $ 664 20 $ 587.49 $ 1,251.69 

Damage Calculations

August 2, 2009 Pick

EE Info Training Needed

Section Change Report Must Sheets

Required Training Hours

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 12 of 36 PageID #:122
Badge 

No.

Last Name First Name Current 

Section

Picked 

Section TW SW RTO TW SW RTO

Total 

Hours 

Required

Base Rate of 

Pay Unpaid Wages Liquidated 

Damages Total Damages 

EE Info Training Needed Damage Calculations

Section Change Report Must Sheets

Required Training Hours

24853 Peacock Charlie Orange West - Blue Yes 33 33 27.761 $ 1,374.17 $ 1,215.46 $ 2,589.63 

44413 Perez Sarah North West Yes 21 21 22.14 $ 697.41 $ 616.86 $ 1 314.27 

45576 Perez Thomas West Orange Yes Yes 16 16 32 19.029 $ 913 39 $ 807.90 $ 1,721.29 

36933 Pittman Roslyn Brown Red - South Yes 16 16 27.675 $ 664 20 $ 587.49 $ 1,251.69 

45577 Renaud-Amir Rasheed Orange West - Blue Yes Yes 33 21 54 19.029 $ 1,541 35 $ 1,363.33 $ 2,904.68 

45013 Rhea D. West Red - South Yes Yes 15 16 31 20 388 $ 948 04 $ 838.55 $ 1,786.59 

42054 Richmond Leo North West - Grn Yes 12 12 27.675 $ 498.15 $ 440.62 $ 938.77 

44066 Rivera Angel North Brown Yes 16 16 27.184 $ 652.42 $ 577.07 $ 1,229.48 

34859 Rochon James West Orange Yes Yes 16 16 32 27.184 $ 1,304 83 $ 1,154.13 $ 2,458.96 

27448 Rodriguez Jose North Brown Yes 16 16 27.675 $ 664 20 $ 587.49 $ 1,251.69 

42507 Ross E. North Red - South Yes 15 15 27.184 $ 611.64 $ 541.00 $ 1,152.64 

26947 Sherden G. North West - Blue Yes 33 33 27.761 $ 1,374.17 $ 1,215.46 $ 2,589.63 

45551 Simmons Carnell West Orange Yes Yes 16 16 32 19.029 $ 913 39 $ 807.90 $ 1,721.29 

44209 Smith James South West Yes 21 21 27.675 $ 871.76 $ 771.08 $ 1,642.84 

28746 Soto M. Brown West - Blue Yes Yes 33 21 54 27.184 $ 2,201 90 $ 1,947.60 $ 4,149.50 

45046 Sowa J. West Red - South Yes Yes 15 16 31 20 388 $ 948 04 $ 838.55 $ 1,786.59 

39343 Sylva Daniel Orange Green - South Yes Yes 21 8 29 27.184 $ 1,182 50 $ 1,045.93 $ 2,228.44 

49102 Tanner Quintin West Red - South Yes Yes 15 16 31 19 373 $ 900 84 $ 796.80 $ 1,697.65 

42754 Taylor Burnard West Orange Yes Yes 16 16 32 27.184 $ 1,304 83 $ 1,154.13 $ 2,458.96 

45527 Taylor Melvin North West Yes 21 21 20.756 $ 653 81 $ 578.30 $ 1,232.12 

39535 Truss Kimberly South Orange Yes Yes 16 16 32 27.184 $ 1,304 83 $ 1,154.13 $ 2,458.96 

45632 Velez Dan North Orange Yes Yes 16 16 32 19.029 $ 913 39 $ 807.90 $ 1,721.29 

24848 Williams Jule North West - Blue Yes 33 33 27.761 $ 1,374.17 $ 1,215.46 $ 2,589.63 

44182 Wilson G. South West - Grn Yes Yes 12 21 33 27.184 $ 1,345.61 $ 1,190.20 $ 2,535.81 

21845 Wisdom Jerdean South Orange Yes 14 14 27.779 $ 583 36 $ 515.98 $ 1,099.34 

$ 94,210.77 $ 83,330.01 $ 177,540.77

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 13 of 36 PageID #:123
Badge 

No.

Last Name First Name Current 

Section

Picked 

Section TW SW RTO TW SW RTO

Total 

Hours 

Require

d

Base Rate 

of Pay Unpaid Wages Liquidated 

Damages Total Damages 

44921 Aithmidane T. North West - Grn Yes Yes 12 21 33 22.508 $ 1,114.15 $ 985.47 $ 2,099.62 

45009 Alarcon A. North West - Grn Yes Yes 12 21 33 22.508 $ 1,114.15 $ 985.47 $ 2,099.62 

44244 Berrios Marrybell Brown West Yes 21 21 28.644 $ 902.29 $ 798.08 $ 1,700.36 

42819 Brown T. West Green - South Yes Yes 21 8 29 28.644 $ 1,246.01 $ 1,102.11 $ 2,348.12 

44732 Buckner C. Orange Red - South Yes Yes 16.0 16 32 22.508 $ 1,080.38 $ 955 61 $ 2,035.99 

45717 Burgin Sr. A. West Red - South Yes 16 16 20.051 $ 481.22 $ 425 65 $ 906.87 

39592 Cabrera Juan West Orange Yes Yes 16 16 32 28.135 $ 1,350.48 $ 1,194.51 $ 2,544.99 

44923 Clayter Raymond West Red South Yes Yes 16.0 16 32 22.508 $ 1,080.38 $ 955 61 $ 2,035.99 

44225 Collazo Diana Brown West - Blue Yes Yes 33 21 54 28.135 $ 2,278.94 $ 2,015.73 $ 4,294.67 

44175 Colon Israel West Orange Yes Yes 16 16 32 28.135 $ 1,350.48 $ 1,194.51 $ 2,544.99 

27462 Davison S. North Red - South Yes 15 15 28.733 $ 646.49 $ 571 83 $ 1,218.32 

41980 Dean K. Brown Red - South Yes 16 16 28.135 $ 675.24 $ 597 25 $ 1,272.49 

44960 Divito A. North West - Grn Yes Yes 12 21 33 22.508 $ 1,114.15 $ 985.47 $ 2,099.62 

42380 Elliot Charles West Orange Yes Yes 16 16 32 28.135 $ 1,350.48 $ 1,194.51 $ 2,544.99 

49090 Falcon Juan West North Yes 19 19 19.373 $ - $ - $ - 

44807 Fernandez Edward North Brown Yes Yes 16 16 32 22.508 $ 1,080.38 $ 955 61 $ 2,035.99 

26940 Flowers Elwood West Orange Yes 14.0 14 28.751 $ 603.77 $ 534.04 $ 1,137.81 

44737 Fredrickson Daniel North Brown Yes 16 16 22.915 $ 549.96 $ 486.44 $ 1,036.40 

45685 Gonzalez David South North Yes 19 19 19.695 $ 561.31 $ 496.48 $ 1,057.79 

44708 Gonzalez R. North West - Grn Yes Yes 12 21 33 22.508 $ 1,114.15 $ 985.47 $ 2,099.62 

49092 Gray Antoinitta West Red - South Yes 16 16 19.695 $ 472.68 $ 418.09 $ 890.77 

28139 Greene S. West Red - South Yes Yes 15 16 31 28.135 $ 1,308.28 $ 1,157.18 $ 2,465.46 

22844 Hill Elonzo Orange West - Grn Yes 52.0 52 28.751 $ 2,242.58 $ 1,983.57 $ 4,226.15 

39059 Housmah M. West Red - South Yes 21 15 28.733 $ 646.49 $ 571 83 $ 1,218.32 

31438 Hull Anthony West Green - South Yes 8 8 28.644 $ 343.73 $ 304.03 $ 647.76 

25009 Hunter Bruce North Green - South Yes 15 21 28.733 $ 905.09 $ 800.56 $ 1,705.65 

33886 Johnson Jean Brown West - Grn Yes 12 12 28.644 $ 515.59 $ 456.04 $ 971.64 

23022 King Carlos North Green - South Yes 21 21 28.733 $ 905.09 $ 800.56 $ 1,705.65 

44323 Lacey Cory West Green - South Yes Yes 21 8 29 28.135 $ 1,223.87 $ 1,082.52 $ 2,306.40 

42587 Leathers K. Brown West Yes 21 21 28.644 $ 902.29 $ 798.08 $ 1,700.36 

21030 Lopez Augustin North Orange Yes 16 16 28.733 $ 689.59 $ 609 95 $ 1,299.54 

44620 Marshall Ramona South West - Blue Yes 24.5 24.5 23.001 $ 845.29 $ 747 66 $ 1,592.95 

42656 Matthews David West North Yes Yes 60.0 19 79 22.508 $ 2,667.20 $ 2,359.15 $ 5,026.35 

42570 Mcentee M. North Red - South Yes 16 16 28.644 $ 687.46 $ 608.06 $ 1,295.52 

44710 Moore Michael South West - Grn Yes Yes 12 8 20 22.508 $ 675.24 $ 597 25 $ 1,272.49 

48167 Moreno Luis South West - Blue Yes Yes 33 21 54 22.508 $ 1,823.15 $ 1,612.59 $ 3,435.73 

44599 Morgan D. West North Yes Yes 31 19 50 22.508 $ 1,688.10 $ 1,493.13 $ 3,181.23 

7955 Nieves Angel West Orange Yes 14.0 14 28.751 $ 603.77 $ 534.04 $ 1,137.81 

45630 Nowak W. Orange Green - South Yes Yes 21 8 29 19.695 $ 856.73 $ 757.79 $ 1,614.52 

44356 Ortiz Jose Brown West - Blue Yes Yes 33 21 54 28.135 $ 2,278.94 $ 2,015.73 $ 4,294.67 

37395 Ortiz Magdalia Brown Orange Yes 16 16 28.733 $ 689.59 $ 609 95 $ 1,299.54 

44325 Padilla Jose North Orange Yes Yes 16 16 32 28.135 $ 1,350.48 $ 1,194.51 $ 2,544.99 

42705 Patterson S. North Red - South Yes 15 15 28.135 $ 633.04 $ 559 93 $ 1,192.96 

48155 Pferschy Marcus North West - Grn Yes Yes 52.0 8 60 22.508 $ 2,025.72 $ 1,791.76 $ 3,817.48 

44812 Press Lamont North Brown Yes Yes 16 16 32 28.644 $ 1,374.91 $ 1,216.12 $ 2,591.03 

23397 Ramos A. North South Yes 21 21 28.733 $ 905.09 $ 800.56 $ 1,705.65 

44967 Rouse Adriane West North Yes 19 19 22.915 $ 653.08 $ 577 65 $ 1,230.73 

45579 Thomas Grady Orange North Yes 19 19 20.051 $ 571.45 $ 505.45 $ 1,076.91 

48161 Thomas Paul South North Yes Yes 31 19 50 22.508 $ - $ - $ - 

25323 Turnbough James South West - Blue Yes 33 33 28.644 $ 1,417.88 $ 1,254.12 $ 2,672.00 

45632 Velez Dan Orange West - Grn Yes Yes 12 21 33 20.051 $ 992.52 $ 877 89 $ 1,870.42 

20270 Walker Darvin North Orange Yes 16 16 28.644 $ 687.46 $ 608.06 $ 1,295.52 

41857 Wells K. Orange Brown Yes 15.5 15.5 28.733 $ 668.04 $ 590 89 $ 1,258.93 

45581 Williams G. South North Yes Yes 31 19 50 19.695 $ 1,477.13 $ 1,306.53 $ 2,783.65 

44625 Wilson T. South West - Grn Yes Yes 12 21 33 22.508 $ 1,114.15 $ 985.47 $ 2,099.62 

$ 56,536.08 $ 50,006.52 $ 106,542.60

Damage Calculations

February 7, 2010 System Pick

Training Needed

Section Change Report

EE Info

Must Sheets

Required Training Hours

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 14 of 36 PageID #:124
Badge No. Last Name First Name Current 

Section Picked Section TW SW

RT

O

TW SW RTO

Total 

Hours 

Required

Base Rate 

of Pay Unpaid Wages Liquidated 

Damages 

 Total 

Damages 

35452 Acosta Jesus Blue Green-West Yes 4 4 28.644 $ 114.58 $ 101.34 $ 215.92 

44616 Black Z. Green-South Red-South Yes Yes 4 4 8 28.135 $ 225.08 $ 199.08 $ 424.16 

42328 Blockman Leon Blue Green-West Yes 4 4 28.135 $ - $ - $ - 

36095 Bowman Samuel Blue Green-West Yes 4 4 28.644 $ 114.58 $ 101.34 $ 215.92 

27414 Davis Martice Blue Green-West Yes 4 4 28.733 $ 114.93 $ 101.66 $ 216.59 

Doss Randy Green-West Blue Yes 8 8 29.647 $ 237.18 $ 209.78 $ 446.96 

43901 Dunn N. Blue Green-West Yes 4 4 28.135 $ 112.54 $ 99.54 $ 212.08 

32376 Fernbach David Blue Green-West Yes 4 4 28.135 $ 112.54 $ 99.54 $ 212.08 

25410 Gardner Michelle Green-South Red-South Yes 4 4 28.733 $ 114.93 $ 101.66 $ 216.59 

23101 Gee M. Green-South Red-South Yes 4 4 28.733 $ 114.93 $ 101.66 $ 216.59 

39697 Grant Gregory Green-South Red-South Yes Yes 4 4 8 28.135 $ 225.08 $ 199.08 $ 424.16 

39133 Griffin L. Blue Green-West Yes Yes 4 4 8 28.644 $ 229.15 $ 202.69 $ 431.84 

27191 Gutierrez J. Blue Green-West Yes 8 8 28.751 $ 230.01 $ 203.44 $ 433.45 

31003 Izaguirre F. Blue Pink Yes 8 8 28.644 $ 229.15 $ 202.69 $ 431.84 

44485 Langworthy A. Green-South Red-South Yes Yes 4 4 8 28.135 $ 225.08 $ 199.08 $ 424.16 

48167 Moreno Luis Blue Green-West Yes 4 4 21.101 $ 84.40 $ 74.66 $ 159.06 

49270 Neloms D. Green-South Red-South Yes Yes 4 4 8 19.695 $ 157.56 $ 139.36 $ 296.92 

27222 Price D. Blue Pink Yes 4 4 28.644 $ 114.58 $ 101.34 $ 215.92 

45577 Rasheed Renaud-Amir Blue Green-West Yes Yes 8 4 12 21.101 $ 253.21 $ 223.97 $ 477.18 

39657 Ray N. Green-South Red-South Yes Yes 4 4 8 28.135 $ 225.08 $ 199.08 $ 424.16 

49355 Reed Charles 16 19.695 $ - $ - $ - 

49264 Singleton Michael Pink Green-West Yes Yes 4 4 8 21.101 $ 168.81 $ 149.31 $ 318.12 

42508 Smith T. Blue Pink Yes Yes 4 4 8 28.733 $ 229.86 $ 203.32 $ 433.18 

42124 Thornton D. Green-South Red-South Yes Yes 4 4 8 28.644 $ 229.15 $ 202.69 $ 431.84 

49272 Wallace Steven Blue Green-West Yes 8 8 21.101 $ 168.81 $ 149.31 $ 318.12 

23444 Weathers Eric Blue Green-West Yes 4 4 28.644 $ 114.58 $ 101.34 $ 215.92 

24967 White A. Green-West Pink Yes 8 8 28.644 $ 229.15 $ 202.69 $ 431.84 

32304 Williams L. Green-West Green-West Yes 4 4 28.644 $ 114.58 $ 101.34 $ 215.92 

38562 Williams Olivia Blue Green-West Yes 4 4 28.135 $ - $ - $ - 

$ 4,489.52 $ 3,971.01 $ 8,460.54

Damage Calculations

December 10, 2010 Section Pick

EE Info Training 

Needed

Section Change Report Must Sheets

Required Training Hours

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 15 of 36 PageID #:125
Badge No. Last Name First Name Current 

Section

Picked 

Section TW SW RTO TW SW RTO

Total 

Hours 

Required

Base Rate 

of Pay Unpaid Wages Liquidated Damages Total Damages 

44480 Arzuaga Gilbert Blue 54th Yes Yes 8 8 16 29.12 $ 698.88 $ 618.16 $ 1,317.04 

49345 Brown Takeesha Green-South Red-South Yes 4 4 22.235 $ 133.41 $ 118.00 $ 251.41 

37571 Clermont Frantz 54th Harlem Yes 4 4 29.739 $ 178.43 $ 157.83 $ 336 26 

49377 Crespo Carlos Green-South Red-South Yes Yes 4 4 8 20.384 $ - $ - $ - 

37441 Curb Kevin Green-South Red-South Yes 4 4 29.739 $ 178.43 $ 157.83 $ 336 26 

41632 Daniels Camelia Blue Green-West Yes 4 4 29.647 $ 177.88 $ 157.34 $ 335 22 

45041 Delgado Jamie BLue Green-West Yes 8 8 17.67 $ 212.04 $ 187.55 $ 399.59 

41981 Donaldson Michael Green-South Red-South Yes 4 4 29.647 $ 177.88 $ 157.34 $ 335 22 

48018 Flennoy Tiffany Green-South Red-South Yes 4 4 21.84 $ 131.04 $ 115.91 $ 246 95 

45571 Gonzalez Derek Blue Green-West Yes Yes 4 4 8 23.296 $ 279.55 $ 247.27 $ 526 82 

49352 Guyton Shyron Green-South Red-South Yes Yes 5 4 9 22.235 $ - $ - $ - 

39419 Levitt Joshua Blue Green-West Yes 4 4 29.739 $ 178.43 $ 157.83 $ 336 26 

45692 Manso Anaira Green-West Blue Yes 8 8 23.717 $ - $ - $ - 

20916 Means E. Green-South Red-South Yes 4 4 29.739 $ 178.43 $ 157.83 $ 336 26 

26335 Montomgery-Smith J. Green-South Red-South Yes 4 4 29.647 $ 177.88 $ 157.34 $ 335 22 

44250 Ore Gregory O'Hare 54th Yes Yes 8 8 16 29.12 $ 698.88 $ 618.16 $ 1,317.04 

44356 Ortiz Jose O'Hare 54th Yes 8 8 29.647 $ 355.76 $ 314.68 $ 670.44 

39868 Pickett Tiffany Green-West Harlem Yes Yes 4 4 8 29.12 $ 349.44 $ 309.08 $ 658.52 

49265 Reaves Amber Green-South Red-South Yes Yes 5 4 9 21.84 $ 294.84 $ 260.79 $ 555 63 

35614 Roberts R. O'Hare Harlem Yes 4 4 29.647 $ 177.88 $ 157.34 $ 335 22 

42826 Rowlett Dondria Blue Green-West SW 4 4 29.12 $ 174.72 $ 154.54 $ 329 26 

45698 Santiago Edwin Harlem Pink Yes 8 8 23.717 $ - $ - $ - 

49263 Shadrick Marcus Green-South Red-South Yes Yes 4 4 8 21.84 $ - $ - $ - 

49615 Watkins Elvin Green-South Red-South Yes Yes 5 4 9 21.84 $ - $ - $ - 

44182 Wilson Gwendolyn Green-West Blue Yes 8 8 29.647 $ 355.76 $ 314.68 $ 670.44 

44653 Yi Tong Blue Green-West Yes 8 8 29.757 $ 357.08 $ 315.84 $ 672 93 

$ 5,466.68 $ 4,835.31 10,301.99$ 

Damage Calculations

June 12, 2011 Section Pick

Training 

Needed

Section Change Report

EE Info

Must Sheets

Required Training 

Hours

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 16 of 36 PageID #:126
Badge 

No.

Last Name First Name Current 

Section

Picked 

Section TW SW RTO TW SW RTO

Total 

Hours 

Required

Base Rate 

of Pay Unpaid Wages Liquidated 

Damages Total Damages 

39589 Aryee Priscilla Yes 16 29.739 $ 713.74 $ 631.30 $ 1,345.04 

37569 Aviles Jose Blue Pink Yes 8.0 8 29.647 $ 355.76 $ 314.68 $ 670.44 

39334 Blakley Kyle Blue Pink Yes 8.0 8 29.739 $ 356.87 $ 315.65 $ 672.52 

48404 Boyd Gregory Green-West Blue Yes 8.0 8 29.12 $ 349.44 $ 309.08 $ 658.52 

20822 Coleman Joey Pink Green-West Yes 4.0 4 29.647 $ 177.88 $ 157.34 $ 335.22 

32209 Collier-Wilbouren Inga Blue Pink Yes 8.0 8 29.739 $ 356.87 $ 315.65 $ 672.52 

39288 Davis-Shaw Charisse Blue Green-West Yes 4.0 4 29.647 $ 177.88 $ 157.34 $ 335.22 

49350 Eddington Ebonie Blue Green-West Yes Yes 4.0 4.0 8 22.304 $ 267.65 $ 236.74 $ 504.38 

32316 Gibson Eric Green Pink Yes 8.0 8 29.647 $ 355.76 $ 314.68 $ 670.44 

42122 Henry Teona Blue Yes Yes 8.0 8.0 16 29.12 $ 698.88 $ 618.16 $ 1,317.04 

39337 Jones Frederick 16 29.739 $ 713.74 $ 631.30 $ 1,345.04 

45572 Junious Derron Blue Pink Yes 8.0 8 23.791 $ 285.49 $ 252.52 $ 538.01 

51323 Lloyd Kimeatha Blue Green-West Yes 4.0 4 19.271 $ 115.63 $ 102.27 $ 217.90 

48767 Marbury Julius Greem-West Blue Yes 8.0 8 21.84 $ 262.08 $ 231.81 $ 493.89 

48654 Martinez Ramon Pink Green-West Yes 4.0 4 29.647 $ 177.88 $ 157.34 $ 335.22 

39865 Middleton T. 16 29.739 $ 713.74 $ 631.30 $ 1,345.04 

26495 Mullin Francis Blue Green-West Yes 4.0 4 29.739 $ 178.43 $ 157.83 $ 336.26 

45575 Perez Gregory Blue Green-West Yes Yes 4.0 4.0 8 23.296 $ 279.55 $ 247.27 $ 526.82 

45576 Perez Thomas Pink Green-West Yes Yes 4.0 4.0 8 23.296 $ 279.55 $ 247.27 $ 526.82 

42213 Rivera Moises Blue Green-West Yes 4.0 4 29.739 $ 178.43 $ 157.83 $ 336.26 

44230 Ruiz Noemi Green Pink Yes 8.0 8 29.647 $ 355.76 $ 314.68 $ 670.44 

49614 Shane Robin Red-South Green-South Yes 4.0 4 21.84 $ 131.04 $ 115.91 $ 246.95 

51337 Sykes Shallon Blue Green-West Yes 4.0 4 19.271 $ 115.63 $ 102.27 $ 217.90 

48406 Townsend Christopher Pink Green-West Yes 4.0 4 29.647 $ 177.88 $ 157.34 $ 335.22 

45695 Velez Ernesto Blue Green-West Yes Yes 4.0 4.0 8 23.717 $ - $ - $ - 

24848 Williams Jule Blue Green-West Yes 4.0 4 29.739 $ 178.43 $ 157.83 $ 336.26 

39536 Williams Woody Red-South Green-South 32 29.647 $ 1,423.06 $ 1,258.70 $ 2,681.76 

51366 Willett Reginald Green-South Red-South Yes 4.0 4 19.271 $ 115.63 $ 102.27 $ 217.90 

$ 9,492.68 $ 8,396.34 $ 17,889.02

Damage Calculations

June 12, 2011 Section Pick

Training 

Needed

Section Change Report

EE Info

Must Sheets

Required Training Hours

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 17 of 36 PageID #:127
EXHIBIT B

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 18 of 36 PageID #:128
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

CHARLIE PEACOCK AND JOSE ORTIZ, 

on behalf of themselves and all other persons

similarly situated, known and unknown,

 Plaintiffs, 

 v.

CHICAGO TRANSIT AUTHORITY, 

 Defendant.

)

)

)

)

)

)

)

)

)

)

)

 

 Case No. 12 CV 334

Magistrate Judge Finnegan

CONSENT TO JOIN SUIT AS A PARTY PLAINTIFF

(This form must be completed in ink, not pencil.)

I swear and affirm that the following statements are true to the best of my knowledge. By 

my signature below I represent to the Court that I was employed by Defendant Chicago Transit 

Authority (“CTA”) at some point from April 5, 2009 to December 31, 2011. During that time

frame, I was not paid overtime wages when I voluntarily picked to work in a new section, out of a 

different terminal, or on a different rail line but was required to undergo additional training by the 

CTA. I understand that this suit is brought pursuant to state and federal law, and specifically the 

Fair Labor Standards Act of 1938, 29 U.S.C. Section 201, et seq. (“FLSA”), the Illinois Minimum 

Wage Law, 820 ILCS 105/1, et seq. (“IMWL”), and the Illinois Wage Payment and Collection Act, 

820 ILCS 115/1, et seq. (“IWPCA”). I also understand that the lawsuit seeks recovery for liquidated 

damages and attorneys’ fees. I authorize through this Consent the settlement of this lawsuit in my 

name and on behalf of similarly situated persons. I also nominate and authorize Charlie Peacock 

and Jose Ortiz, the Named Plaintiffs herein, to comprise the Settlement Committee and represent 

me in settlement negotiations. I agree to be bound by the terms of the settlement agreement and 

release executed on February 20, 2013. 

______________________________________________________________________

Sign Name

______________________________________________________________________

Date Signed

______________________________________________________________________

Street Address, City, State, Zip

______________________________________________________________________

Home/Cellular Telephone Number 

______________________________________________________________________

CTA Badge No.

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 19 of 36 PageID #:129
EXHIBIT C

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 20 of 36 PageID #:130
1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

CHARLIE PEACOCK AND JOSE ORTIZ, 

on behalf of themselves and all other persons

similarly situated, known and unknown,

 Plaintiffs, 

 v.

CHICAGO TRANSIT AUTHORITY, 

 Defendant.

)

)

)

)

)

)

)

)

)

)

)

 

 Case No. 12 CV 334

Magistrate Judge Finnegan

JOINT MOTION TO AUTHORIZE NOTICE AND FOR FINAL APPROVAL

OF SETTLEMENT AGREEMENT AND RELEASE 

Charlie Peacock and Jose Ortiz (“Named Plaintiffs”), by their undersigned attorneys, and 

Defendant Chicago Transit Authority ("CTA"), by its undersigned attorneys, move this Court to 

authorize notice of a collective action and for final approval of their settlement agreement 

(attached as Exhibit 1), for approval of a Consent to Join Suit as a Party Plaintiff (“Consent”) 

(attached as Exhibit 1-B), for approval of a mailing of a notice of settlement (attached as Exhibit 

1-D), and for inclusion of their settlement agreement in a final judgment (attached as Exhibit 1-

E). In support of this motion, Plaintiffs and the CTA state:

1. On January 17, 2012, Named Plaintiffs filed a complaint in the United States 

District Court for the Northern District of Illinois, Eastern Division, Case No. 12 C 00334 (the 

“Litigation”), alleging a collective action under the Fair Labor Standards Act of 1938, 29 U.S.C. 

§ 201 et seq. (“FLSA”), and class action under the Illinois Minimum Wage Law, 820 ILCS 

105/1, et seq. (“IMWL”), and the Illinois Wage Payment and Collection Act, 820 ILCS 115/1, et 

seq. (“IWPCA”), for CTA’s alleged failure to pay rail operations employees for time CTA 

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 21 of 36 PageID #:131
2

required them to train in connection with system and section picks when those employees 

voluntarily picked to work in a new Section, to work out of a different terminal, or to work on a 

different rail line. 

2. Effective April 5, 2012, by agreement of the parties, the statute of limitations was 

tolled effective April 5, 2012, such that there are two system picks and three section picks at 

issue in the Litigation, as follows: August 2, 2009 System Pick; February 2, 2010 System Pick; 

December 10, 2010 Section Pick; June 12, 2011 Section Pick; and November 20, 2011 Section 

Pick (collectively, the “2009-2011 Picks”).

3. Four individuals (“Opt-in Plaintiffs”) have given their consents in writing to 

become parties to the Litigation and have given written authorization to the Named Plaintiffs to 

represent them and have agreed in writing to be bound by any settlement of the case or 

adjudication by the Court.

4. The attorneys for Named Plaintiffs and Opt-in Plaintiffs have had the opportunity 

to examine CTA’s records related to the 2009-2011 Picks, and CTA has identified additional rail 

operations employees who may have claims with respect to this Litigation (“Eligible Plaintiffs”).

5. On or about February 20, 2013, the Named Plaintiffs and Opt-in Plaintiffs reached 

a settlement agreement. See Exhibit 1.

6. Parties to an FLSA lawsuit may settle disputed claims by means of a stipulated 

judgment entered by the district court after scrutinizing the settlement for fairness. Lynn's Food 

Stores, Inc. v. United States, 679 F.2d 1350, 1352 (11th Cir. 1982). The parties propose that the 

settlement agreement be entered as part of a stipulated final judgment in this case.

7. Under the settlement agreement, the CTA agrees to pay up to $320,734.92 in the 

aggregate allocated in the Final Settlement Agreement and Release (“settlement agreement”) 

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 22 of 36 PageID #:132
3

individually to the Named Plaintiffs, Opt-in Plaintiffs, and to those Eligible Plaintiffs who 

submit a signed Consent in sufficient time to have Plaintiffs’ counsel file it with the Federal 

Court no later than June 18, 2013. Under the settlement agreement, the CTA also agrees to pay 

the attorneys for Named Plaintiffs and Opt-in Plaintiffs $64,000.00 in fees and costs. The CTA 

also agrees to bear its own attorney fees and costs and shall not seek attorneys’ fees and costs 

from any Plaintiff or attorneys for Named Plaintiffs and Opt-in Plaintiffs.

8. The settlement agreement provides for Notice of Right to Join Lawsuit and 

Summary of Settlement Agreement by first class mail paid by Plaintiffs to the last known 

addresses of the Eligible Plaintiffs. The parties stipulate and request that the Court authorize 

notice to Eligible Plaintiffs, pursuant to 29 U.S.C. § 216(b), so that they may have the 

opportunity to opt-in to this collective action and agree to be bound by the terms of the

settlement agreement. 

9. Under the settlement agreement, Named and Opt-in Plaintiffs release the CTA 

from all allegations or claims which have been raised or which could have been raised by, or 

which arise from or relate to the facts, transactions, occurrences, or subject matter described in or 

encompassed by, the Litigation through the date the settlement agreement was signed. 

10. Once any Eligible Plaintiff timely signs a Consent to Join Suit as a Party Plaintiff, 

that individual will be represented by Plaintiffs’ attorneys and will be an additional Opt-in 

Plaintiff who similarly releases the CTA as referenced above in Paragraph 9. 

11. The Court should approve the settlement agreement because it is fair, adequate, 

reasonable, and in the best interests of Plaintiffs. The amount of compensable time and the 

hourly rates for the compensable time at issue herein are disputed as is Plaintiffs' claim for 

liquidated damages. The attorneys for Named Plaintiffs and Opt-in Plaintiffs have had the 

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 23 of 36 PageID #:133
4

opportunity to examine Plaintiffs' training and payroll records as well as other CTA documents 

throughout the course of this litigation. It is clear that any additional litigation of this suit would 

be protracted. There has been no collusion in reaching a settlement.

12. The parties request that the settlement agreement be entered as an order of the 

Court and that the terms of the settlement agreement be expressly incorporated into the Court’s 

order granting final approval of the settlement agreement. The parties further request that the 

Court dismiss the Litigation without prejudice effective June 26, 2013, and that the Court retain 

jurisdiction over the Litigation for a period of 60 days after entry of the order for purposes of 

enforcing the parties’ settlement agreement. The parties further request that the Court issue an 

order dismissing the Litigation with prejudice if no party files a motion to enforce the settlement 

agreement within 60 days after entry of the order dismissing the Litigation without prejudice. 

WHEREFORE, pursuant to the terms of the settlement agreement, Plaintiffs and the CTA 

jointly request that this Court:

a. Find that the settlement agreement attached hereto as Exhibit 1 is fair, adequate, 

reasonable, and in the best interests of Plaintiffs;

b. Approve the form of Consent attached hereto as Exhibit 1-B.

c. Approve the form of notice of settlement by first class mail attached hereto as 

Exhibit 1-D and direct that, within five (5) business days after the date of the order approving the 

settlement agreement, CTA shall provide attorneys for Named Plaintiffs and Opt-in Plaintiffs 

with the last known address of the Eligible Plaintiffs and, within ten (10) business days 

thereafter, attorneys for Named Plaintiffs and Opt-in Plaintiffs shall mail or cause to be mailed at 

their own expense the aforesaid form of notice of settlement, with all blanks appropriately filled 

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 24 of 36 PageID #:134
Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 25 of 36 PageID #:135
EXHIBIT D

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 26 of 36 PageID #:136
1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

CHARLIE PEACOCK AND JOSE ORTIZ, 

on behalf of themselves and all other persons

similarly situated, known and unknown,

 Plaintiffs, 

 v.

CHICAGO TRANSIT AUTHORITY, 

 Defendant.

)

)

)

)

)

)

)

)

)

)

)

 

 Case No. 12 CV 334

Magistrate Judge Finnegan

NOTICE OF RIGHT TO JOIN LAWSUIT AND SUMMARY OF 

SETTLEMENT AGREEMENT 

INTRODUCTION

The purpose of this Notice is to inform you of the existence of a collective action lawsuit 

and settlement in which you are potentially “similarly situated” to the Named Plaintiffs Charlie 

Peacock and Jose Ortiz (“Plaintiffs”), to advise you of how your rights may be affected by this 

lawsuit and settlement, and to instruct you on the procedure for participating in this lawsuit and 

settlement if you decide that it is appropriate and you should do so. 

DESCRIPTION OF THIS CASE

On January 17, 2012, Plaintiffs filed this collective action under the Fair Labor Standards 

Act of 1938, 29 U.S.C. § 201 et seq. (“FLSA”), and class action under the Illinois Minimum 

Wage Law, 820 ILCS 105/1, et seq. (“IMWL”), and the Illinois Wage Payment and Collection 

Act, 820 ILCS 115/1, et seq. (“IWPCA”). 

Plaintiffs alleged that that CTA violated the FLSA, IMWL and IWPCA by not paying rail 

operations employees for time CTA required them to train in connection with system and section 

picks when those employees voluntarily picked to work in a new Section, to work out of a 

different terminal, or to work on a different rail line. 

You have been identified as a CTA rail operations employee who, during the period 

April 5, 2009 through December 31, 2011, voluntarily picked to work in a new section, out 

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 27 of 36 PageID #:137
2

of a different terminal, or on a different rail line and CTA required you to receive 

additional training for which you were not compensated. 

NOTICE OF YOUR RIGHT TO JOIN LAWSUIT AND SETTLEMENT AGREEMENT

You have a right to participate in this lawsuit and settlement. It is entirely your decision 

whether or not to join this lawsuit and settlement and your participation is completely voluntary. 

You are not required to join this lawsuit or settlement or take any action unless you want to. If 

you want to join this suit and settlement you may join (or “opt in” to the lawsuit) by mailing or 

delivering the yellow Consent to Become a Party Plaintiff form (See Exhibit A) to Plaintiffs’ 

Counsel at the address listed below. You must fully complete and deliver the yellow Consent 

form to Plaintiffs’ counsel in sufficient time for Plaintiffs’ attorney to file it with the federal 

court no later than June 18, 2013. Otherwise, you will not be able to participate in this 

lawsuit and settlement.

If you choose not to join this lawsuit and settlement, you will not be affected by any 

judgment or settlement rendered in this case. If you choose not to join the lawsuit and 

settlement, you are free to file your own lawsuit, either on your own behalf of through an 

attorney of your own choice.

If you choose to join this lawsuit and settlement, your interests will be represented by 

Plaintiffs through their attorneys as counsel for the class. Counsel for the class is:

Anita Tanay

Taylor Muzzy

JACOBS, BURNS, ORLOVE & HERNANDEZ

150 N. Michigan Ave, Suite 1000

Chicago, IL 60601

312-372-1646

TERMS OF THE SETTLEMENT

A. Notice of Settlement. NOTICE IS HEREBY GIVEN, pursuant to an Order of the

United States District Court for the Northern District of Illinois, dated February 26, 2013, that a 

settlement agreement has been reached in the above-captioned case. The full terms of the 

settlement are set forth in a Final Settlement Agreement and Release dated February 20, 2013

(“settlement agreement”). The settlement agreement and the complaint and other pleadings filed 

in the case are on file with the Clerk of the Court. If you want to obtain a copy of the settlement 

agreement or any other document related to this case, see the section of this Notice titled 

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 28 of 36 PageID #:138
3

“Inspection of Documents and Responses to Your Questions,” below. This Notice generally 

describes the terms of the settlement agreement, but the settlement agreement itself is the 

controlling document and will govern in the case of any conflict with the provisions of this 

Notice.

B. Unpaid Wages and Liquidated Damages. CTA has agreed to pay Plaintiffs up to 

$320,734.92 in the aggregate allocated individually in the settlement agreement. THE 

SETTLEMENT AGREEMENT ALLOCATES $__________ TO YOU FOR UNPAID WAGES, 

WHICH IS SUBJECT TO THE USUAL AND CUSTOMARY WITHHOLDINGS AND 

DEDUCTIONS BY THE CTA. THE SETTLEMENT AGREEMENT ALSO ALLOCATES 

$_______ TO YOU FOR LIQUIDATED DAMAGES, WHICH IS NOT SUBJECT TO THE 

USUAL AND CUSTOMARY WITHHOLDINGS AND DEDUCTIONS BY CTA. CTA will 

issue an IRS Form 1099 for the liquidated damages amount. 

TO RECEIVE YOUR PAYMENT YOU MUST SIGN, DATE, AND COMPLETE 

THE ENCLOSED CONSENT (SEE EXHIBIT A) AND RETURN IT TO PLAINTIFFS’ 

ATTORNEY (Taylor E. Muzzy at Jacobs, Burns, Orlove & Hernandez, 150 N. Michigan 

Ave, Suite 1000, Chicago, IL 60601) IN SUFFICIENT TIME FOR PLAINTIFFS’ 

ATTORNEY TO FILE IT WITH THE FEDERAL COURT NO LATER THAN June 18, 

2013.

If you timely return the completed Consent, the settlement agreement will be binding on 

you and you will waive any and all claims you may have against CTA related to unpaid wages in 

connection with a system or section pick during the period of time April 5, 2009 through 

December 31, 2011. If you do not timely return the completed Consent, the settlement 

agreement is not binding on you, you will not receive a payment under the settlement agreement, 

and you will not waive any claims. 

IMPORTANT NOTE: No later than 45 days after Plaintiffs’ attorneys provide CTA with 

a copy of all of the aggregated consents, CTA will mail the sums allocated to the settlement, 

provided that you have returned your fully completed Consent form in time for Plaintiffs’ 

attorney to file it with the Federal Court no later than June 18, 2013. CTA will make payments 

by checks sent by first class mail, postage prepaid, and such checks shall be valid for not less 

than 120 days from their issuance.

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 29 of 36 PageID #:139
4

C. Attorneys’ Fees and Costs. CTA in the settlement agreement has agreed to pay 

Plaintiffs’ attorneys $64,000.00 in fees and costs for this case. CTA has agreed to bear its own 

attorneys’ fees and costs.

WHY THE SETTLEMENT IS FAIR, ADEQUATE, AND REASONABLE

The settlement agreement was negotiated by Plaintiffs’ attorneys, CTA’s attorneys, and 

Plaintiffs. The unpaid wages amount is based on the hours of training required by CTA, paid at 

the overtime rate of pay, plus 88.4506185121% of such unpaid wages in liquidated damages. 

There was no collusion between the parties in reaching the settlement agreement. Plaintiffs’ 

attorneys are of the opinion that the settlement agreement is fair, adequate, and reasonable and in 

the best interest of the affected employees.

INSPECTION OF DOCUMENTS

AND RESPONSES TO YOUR QUESTIONS

Should you wish to examine copies of any documents, including the settlement 

agreement, filed with this Court in this case, you may visit or contact the Office of the Clerk for 

that purpose, United States District Court for the Northern District of Illinois, during business 

hours, 9:00 a.m.-4:30 p.m., 219 S. Dearborn Street, 20th Floor, Chicago, Illinois. A full copy of 

the settlement agreement may be obtained from Plaintiffs’ counsel at the pre-paid cost of $25.00 

to cover copying costs, mailing costs, and administrative costs.

Should you have any questions, you may write to Plaintiffs’ counsel at:

Anita Tanay

Taylor Muzzy

Jacobs, Burns, Orlove & Hernandez

150 N. Michigan Ave, Suite 1000

Chicago, IL 60601

or you may telephone Taylor Muzzy or Anita Tanay at (312) 372-1646 during normal business 

hours between 9:00 a.m. and 5:00 p.m., Monday through Friday. 

CHANGE OF ADDRESS

If your address has changed recently or if this Notice was not sent to your current 

address, please indicate your current address on the Consent form.

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 30 of 36 PageID #:140
5

OTHER THAN TO OBTAIN INFORMATION ABOUT INSPECTING THE COURT 

FILES IN THIS CASE, PLEASE DO NOT CONTACT THE COURTS OR THE CLERKS' 

OFFICES FOR INFORMATION ABOUT THE SETTLEMENT AGREEMENT.

By Order of the Court, United States District 

Court, Northern District of Illinois

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 31 of 36 PageID #:141
EXHIBIT E

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 32 of 36 PageID #:142
1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

CHARLIE PEACOCK AND JOSE ORTIZ, 

on behalf of themselves and all other persons

similarly situated, known and unknown,

 Plaintiffs, 

 v.

CHICAGO TRANSIT AUTHORITY, 

 Defendant.

)

)

)

)

)

)

)

)

)

)

)

 

 Case No. 12 CV 334

Magistrate Judge Finnegan

ORDER AUTHORIZING NOTICE OF RIGHT TO JOIN LAWSUIT AND 

GRANTING FINAL APPROVAL OF SETTLEMENT AGREEMENT AND RELEASE

THIS MATTER COMING BEFORE THE COURT on the parties' joint motion for final 

approval of settlement agreement and the Court being fully advised in the premises,

THE COURT HEREBY FINDS AND ORDERS: 

1. On January 17, 2012, Charlie Peacock and Jose Ortiz (“Named Plaintiffs”) filed a 

complaint in the United States District Court for the Northern District of Illinois, Eastern 

Division, Case No. 12 C 00334 (the “Litigation”), alleging a collective action under the Fair 

Labor Standards Act of 1938, 29 U.S.C. § 201 et seq. (“FLSA”), and class action under the 

Illinois Minimum Wage Law, 820 ILCS 105/1, et seq. (“IMWL”), and the Illinois Wage 

Payment and Collection Act, 820 ILCS 115/1, et seq. (“IWPCA”), for CTA’s alleged failure to 

pay rail operations employees for time CTA required them to train in connection with system 

and section picks when those employees voluntarily picked to work in a new Section, to work 

out of a different terminal, or to work on a different rail line. 

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 33 of 36 PageID #:143
2

2. Effective April 5, 2012, by agreement of the parties, the statute of limitations was 

tolled effective April 5, 2012, such that there are two system picks and three section picks at 

issue in the Litigation, as follows: August 2, 2009 System Pick; February 2, 2010 System Pick; 

December 10, 2010 Section Pick; June 12, 2011 Section Pick; and November 20, 2011 Section 

Pick (collectively, the “2009-2011 Picks”).

3. Four individuals (“Opt-in Plaintiffs”) have given their consents in writing to 

become parties to the Litigation and have given written authorization to the Named Plaintiffs to 

represent them and have agreed in writing to be bound by any settlement of the case or 

adjudication by the Court.

4. The attorneys for Named Plaintiffs and Opt-in Plaintiffs have had the opportunity 

to examine CTA’s records related to the 2009-2011 Picks and CTA has identified additional rail 

operations employees who may have claims with respect to this Litigation (“Eligible Plaintiffs”).

5. On or about February 20, 2013, the Named Plaintiffs and Opt-in Plaintiffs reached 

a settlement agreement. See Exhibit 1.

6. Parties to an FLSA lawsuit may settle disputed claims by means of a stipulated 

judgment entered by the district court after scrutinizing the settlement for fairness. Lynn's Food 

Stores, Inc. v. United States, 679 F.2d 1350, 1352 (11th Cir. 1982). 

7. Under the Final Settlement Agreement and Release (“settlement agreement”), the 

CTA agrees to pay up to $320,734.92 in the aggregate allocated in the settlement agreement 

individually to the Named Plaintiffs, Opt-in Plaintiffs, and to those Eligible Plaintiffs who timely 

submit an executed Consent to Join Suit as a Party Plaintiff. Under the settlement agreement, the 

CTA also agrees to pay the attorneys for Named Plaintiffs and Opt-in Plaintiffs $64,000.00 in 

fees and costs. The CTA also agrees to bear its own attorneys’ fees and costs and shall not seek 

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 34 of 36 PageID #:144
3

attorneys’ fees and costs from any Plaintiff or attorneys for Named Plaintiffs and Opt-in 

Plaintiffs.

8. Under the settlement agreement, Plaintiffs release the CTA from all allegations or 

claims which have been raised or which could have been raised by, or which arise from or relate 

to the facts, transactions, occurrences, or subject matter described in or encompassed by, the 

Litigation through the date the settlement agreement was signed.

9. Pursuant to the parties’ stipulation, the Court authorizes notice to Eligible 

Plaintiffs, pursuant to 29 U.S.C. § 216(b), so that they may have the opportunity to opt-in to this 

collective action and agree to be bound by the terms of the settlement agreement. The Court 

finds that the distribution of the Notice of Right to Join Lawsuit and Summary of Settlement 

Agreement and Release by first class mail will fully and accurately inform all Plaintiffs of all 

material elements of the settlement agreement, constitutes the best notice practicable under the 

circumstances, and constitutes valid, due, and sufficient notice, complying with the requirements 

of the Federal Rules of Civil Procedure, the Constitution of the United States, and any other 

applicable law.

10. The Court finds that the settlement agreement is fair, adequate, reasonable, and in 

the best interests of all Plaintiffs. The settlement agreement offers to Plaintiffs a reasonable sum 

of overtime compensation and an additional reasonable amount of liquidated damages. The 

amount of compensable time and Plaintiffs' entitlement to liquidated damages are disputed. The 

attorneys for Named Plaintiffs and Opt-in Plaintiffs have had the opportunity to examine 

Plaintiffs' training and payroll records as well as other CTA documents throughout the course of 

this litigation. It is clear that any additional litigation of this suit would be protracted. There has 

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 35 of 36 PageID #:145
4

been no collusion in reaching a settlement. The Court therefore grants the joint motion for final 

approval of settlement agreement.

11. The Court finds, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, 

that there is no just reason for delay and orders the entry of a final judgment in this case which 

shall incorporate the settlement agreement.

12. The settlement agreement is entered as an order of the Court and the parties are 

ordered to comply with, and to make performance as required under, the terms of the settlement 

agreement. The terms of the settlement agreement are expressly incorporated into this order. 

This case is dismissed without prejudice effective June 26, 2013 and the Court shall retain 

jurisdiction over the Litigation for a period of 60 days after entry of this Order for purposes of 

enforcing the parties’ settlement agreement. The Litigation will be dismissed with prejudice by 

order of the Court if no party files a motion to enforce the settlement agreement within 60 days 

after the dismissal without prejudice.

DATE: ENTER: 

HONORABLE SHEILA FINNEGAN

Judge Presiding

Case: 1:12-cv-00334 Document #: 39-1 Filed: 02/21/13 Page 36 of 36 PageID #:146