IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

IGNACIO BLANCAS, PEDRO MORALES, 

SALVADOR QUINTANA, ARTURO 

AVILA, and ARTURO ORTIZ, on behalf of 

themselves and other similarly situated 

persons, 

Plaintiffs,

 v.

CAIRO & SONS ROOFING CO, INC., and 

MARIO CAIRO

Defendants.

Case No. 12 C 2636

Judge Durkin

STIPULATION OF SETTLEMENT

This Stipulation of Settlement is made by and between Plaintiffs Ignacio Blancas, Pedro 

Morales, Salvador Quintana, Arturo Avila, and Arturo Ortiz (“Plaintiffs”) on behalf of 

themselves and all other similarly situated persons and Cairo & Sons Roofing Co., Inc. (“CSR”), 

and Mario Cairo (collectively, “Defendants”), as to the Complaint relating to Defendants’ 

alleged failure to pay Plaintiffs and the Class they represent overtime wages pursuant to the Fair 

Labor Standards Act (“FLSA”) and the Illinois Minimum Wage Law (“IMWL”), and for their 

alleged violation of the Illinois Wage Payment and Collection Act, 820 ILCS 115/1 et seq. 

(“IWPCA”).

1. DEFINITIONS

1.1. The term “Agency” means Working Hands Legal Clinic (“WHLC”), which has an 

Internal Revenue Service designation as a Section 501(c)(3) organization, or any alternative 

charitable organization having an Internal Revenue Service Section 501(c)(3) designation, 

which has been selected by Plaintiffs and approved by Defendants. 

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1.2. The terms “Agreement” or “Settlement Agreement” mean this Stipulation of 

Settlement.

1.3. The term “Claim Form” means the document by which Class Members can make a 

claim for settlement proceeds or can opt-out of the Settlement, in the form attached as Exhibit 

B. 

1.4. The term “Class Member” means a person, other than the Named Plaintiffs, who 

meets the class definitions in Section 6, and who has not filed a written request to ‘opt out’ of 

the Litigation. A list of putative Class Members is attached as Exhibit A. 

1.5. The term “Class Settlement Amount” means the remainder of the total Settlement 

Amount less attorneys’ fees and costs as provided in Section 14, and the enhancement awards 

and consideration for general releases to be paid to the Named Plaintiffs as specified in Section 

13Class Counsel will be responsible for administering the claims process and will cover costs 

associated with claims administration as detailed in Section 9. Nothing in this Agreement 

requires Defendants to create or maintain the Class Settlement Amount in any specific 

segregated account. Rather, the term is used for purposes of this Agreement solely to describe 

the portion of the overall Settlement Amount that is to be distributed to the Class Members and 

Name Plaintiffs as compensation for allegedly unpaid wages. 

1.6. The term “Court” means the United States District Court for the Northern District 

of Illinois.

1.7. The term “Defendants” means Defendants Cairo & Sons Roofing Co. Inc. and 

Mario Cairo.

1.8. The term “Defendants’ Counsel” means all counsel who appeared as attorneys of 

record on behalf of Defendants in the Litigation, or who subsequently so appear.

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1.9. The term “Effective Date” means the date on which the time for appeal has passed 

following final Court approval, or, in the event of an appeal, the date on which the appeal is 

finally resolved.

1.10. The term “Filing Deadline” means the final day on which a Class Member may 

make a claim for a payment from the Class Settlement Amount or file a written request to optout from this Litigation, and shall be sixty (60) days after the date of the deadline for the initial 

mailing of the Class Action Notice to the Class Member by Class Counsel.

1.11. The term “Final Order” means the Court’s action granting final approval of this 

Agreement, or in the event of an appeal of such order, the appellate order upholding the Court’s 

order.

1.12. The term “Litigation” means this class action lawsuit filed in the United States 

District Court for the Northern District of Illinois, entitled Ignacio Blancas, Pedro Morales, 

Salvador Quintana, Arturo Avila, and Arturo Ortiz, on behalf of themselves and other similarly 

situated persons v. Cairo & Sons Roofing Co. Inc., and Mario Cairo, Case No. 12 C 2636. 

1.13. The term “Named Plaintiffs” means Ignacio Blancas, Pedro Morales, Salvador 

Quintana, Arturo Avila, and Arturo Ortiz.

1.14. The terms “Class Action Notice” mean a notice of this Litigation and Settlement 

to Class Members in the abridged form attached as Exhibit C or the unabridged form attached 

hereto as Exhibit D.

1.15. The term “Parties” means the Named Plaintiffs (including on behalf of themselves 

and the Class Members) and Defendants.

1.16. The term “Payees” means all Class Members who file successful claims for 

settlement proceeds.

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1.17. The term “Plaintiffs’ Counsel” and “Class Counsel” means Workers’ Law Office, 

PC. 

1.18. The term “Preliminary Approval” means the Court’s Order granting preliminary 

approval of this Agreement, a draft of which is attached as Exhibit F.

1.19. The term “Released Parties” means CSR and all of its parents, divisions, 

subsidiaries, partnerships, affiliates, and benefit plans and all of their past, present, and future 

trustees, fiduciaries, owners, shareholders, administrators, directors, officers, agents, partners, 

members, principals, employees, insurers and attorneys, and Mario Cairo and all of his 

successors, heirs, and assigns. 

1.20. The term “Remainder Amount” means the unclaimed portion of the Class 

Settlement Amount that remains after payments have been made to Class Members who 

successfully file a claim on the Class Settlement Amount.

1.21. The term “Settlement Amount” means the sum of Three Hundred Thousand and 

00/100 Dollars ($300,000.00), described below in Section 11. 

1.22. The term “Settlement” means the Parties’ compromise of this Litigation as set 

forth in this Agreement.

1.23. The term “Settlement Period” means the period between April 10, 2009 and April 

10, 2012. 

2. BACKGROUND

2.1. On April 10, 2012, a class action lawsuit was filed in the U.S. District Court for the 

Northern District of Illinois and amended on August ________, 2013. The case is currently 

titled Ignacio Blancas, Pedro Morales, Salvador Quintana, Arturo Avila, and Arturo Ortiz, on 

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behalf of themselves and other similarly situated persons v. Cairo & Sons Roofing Co. Inc., and 

Mario Cairo, Case No. 12 C 2636.

2.2. Counts I and II of the Amended Complaint asserts individual violations of the 

FLSA and IMWL, respectively, based upon Defendants’ alleged failure to pay the Named 

Plaintiffs and Class Members overtime wage for all hours worked in excess of forty (40) hours 

per week. Count III asserts class-wide violations of the IWPCA for Defendants’ alleged failure 

to pay the Named Plaintiffs and Class Members wages at the rate agreed upon by the parties for 

all time worked. 

2.3. The Parties now jointly seek to certify a class of persons, for settlement purposes 

only, that falls within Plaintiffs’ IMWL, and IWPCA claims. 

3. SCOPE, PURPOSE AND BENEFITS OF THE SETTLEMENT

3.1. This Agreement is intended to, and does effectuate, the full, final, and complete 

resolution of the Litigation. The Named Plaintiffs will provide Defendants with a full and 

complete release, as defined in Section 7 of this Agreement.

3.2. This Agreement identifies the procedures for notice to Class Members and 

calculation of subsequent claims for owed overtime and other straight time wages at the rate 

agreed to by the parties resulting from Defendants’ alleged practice of failing to compensate 

Plaintiffs and the Class for all time worked, including time worked in excess of forty hours per 

week. This procedure will resolve Plaintiffs’ and Class Members' overtime wage claims, and 

unpaid wage claims at the rate agreed to by the parties as alleged under Counts I through III in 

the Amended Complaint.

3.3. The Parties agree that based on the claims made and the remedies available in this 

litigation, one-half of each settlement payment constitutes back wage payments subject to all 

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required employer paid payroll taxes and deductions and the remaining one-half of each 

settlement payment constitutes payment for liquidated damages, penalties, and prejudgment 

interest for each Named Plaintiff of Class Member's release of claims.

3.4. Named Plaintiffs and Defendants do not abandon the respective positions they have 

taken throughout the course of the Litigation. Nonetheless, they recognize that continued 

litigation would be protracted, expensive, uncertain, and contrary to their best interests. In light 

of this recognition, Named Plaintiffs and Defendants believe that this Settlement is the best way 

to resolve the Litigation as between them.

4. JURISDICTION

The Court has jurisdiction over the Parties, Class Members and the subject matter of the 

Litigation. The Parties shall seek the Court’s consent to retain jurisdiction of the Litigation for 

the purpose of interpreting, implementing, and enforcing this Agreement consistent with the 

terms herein.

5. DEFENDANTS’ STATEMENT OF NO ADMISSION OF LIABILITY; NO 

EVIDENTIARY EFFECT

5.1. This Agreement, including all exhibits and related documents presented in the 

course of litigation and/or settlement negotiations, do not constitute, and are not intended to 

constitute, and will not be deemed to constitute, an admission by Defendants or any of the other 

Released Parties as to the merits of the allegations or claims made in the Litigation.

5.2. Nothing in this Agreement, including any action taken in implementation thereof, 

any statements, discussions or communications, and any materials prepared, exchanged, issued 

or used during the course of the Litigation or the negotiations leading to the Agreement, is 

intended to be introduced, be used or be admissible in any way in the Litigation or any other 

judicial, arbitral, administrative, investigative or other forum or proceeding as evidence of any 

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violation of any federal, state, or local law, statute, ordinance, regulation, rule or executive 

order, or any obligation or duty at law or in equity. Notwithstanding the foregoing, the 

Agreement may be used in any proceeding in the Court that has as its purpose the interpretation, 

implementation, or enforcement of the Agreement or any orders or judgments of the Court 

entered in connection therewith.

5.3. If this Agreement is not approved by the Court or by an appellate court, Defendants 

will not be deemed to have waived, limited, or affected in any way any objections or defenses in 

the Litigation.

6. DEFINITION OF SETTLEMENT CLASS

6.1. In order to implement the terms of this Agreement, Named Plaintiffs and 

Defendants agree to seek certification by the Court of the following settlement class, pursuant to 

Fed. R. Civ. P. 23:

All individuals who were employed by Defendants between April 10, 2009 and 

April 10, 2012 in any hourly position, excluding office positions, but who were 

allegedly not paid overtime wages for all time worked in excess of forty (40) 

hours in individual work weeks and/or who were allegedly not compensated for 

all time worked in individual work weeks. 

All known Class Members are identified in Exhibit A, attached hereto. Any individual not 

identified by Defendants in Exhibit A will not be considered a Class Member for purposes of this 

Agreement and will not be bound by the Settlement.

6.2. The names of the putative Class Members are attached hereto as Exhibit A. 

6.2.1. As a material term of this Agreement the parties have agreed that the 

names and contact information of the Class Members will remain confidential between 

counsel for the Parties. Plaintiffs and Class Counsel agree not to disclose the names of the 

individuals listed in Exhibit A to any third party and, to the extent necessary to secure 

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Court approval of this Agreement, to the Court and its officers and agents, and such other 

parties as may be required by the Court. The names included in Exhibit A will be 

redacted from any copy of this Agreement publicly filed with the Court. The Parties will 

seek leave of the Court to submit an unredacted copy of Exhibit A to the Court for in 

camera inspection. If the Court requires an unredacted copy of Exhibit A to be filed with 

the Clerk’s office, the parties will seek leave to file it under seal. 

7. WAIVER, RELEASE AND DISMISSAL

7.1. General Release of Claims by the Named Plaintiffs

In addition to the foregoing, the Named Plaintiffs, on behalf of themselves and their 

heirs, legatees, personal representatives and assigns, hereby release and discharge the Released 

Parties from any actions, claims, charges, demands, liabilities, obligations, fees, or suits of any 

kind, whether known or unknown, which the Named Plaintiffs have, have had or may have 

arising from their employment with CSR, from the beginning of time through the Effective Date 

of this Agreement. Without limiting the generality of the foregoing, this release includes: (i) any 

claims or allegations asserting discriminatory termination, harassment or retaliation; (ii) all 

claims under the FLSA, 29 U.S.C. § 201, et seq., the IMWL, 820 ILCS 105/1, et seq., the 

IWPCA, 820 ILCS 115/1, et seq., Title VII, 42 U.S.C. §§ 2000e et seq., Section 1981, the Illinois 

Day and Temporary Labor Services Act, 820 ILCS 175/1 et seq., the Americans with Disabilities 

Act of 1990, 42 U.S.C. §§ 12101, et seq., the Family and Medical Leave Act of 1993, 29 U.S.C. 

§§ 2601, et seq., the Employee Retirement Income Security Act of 1973 as amended, 29 U.S.C. 

§§ 1001, et seq., the National Labor Relations Act as amended, 29 U.S.C. §§ 151, et seq., the 

Occupational Safety and Health Act of 1970 as amended, 29 U.S.C. §§ 651 et seq., and the 

Illinois Human Rights Act, as amended, 775 ILCS §§ 5/1, et seq.; (iii) any other federal, state, 

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county or local statute, ordinance, regulation or order concerning the rights of employees; and 

(iv) all employment-related claims under the common law of any state, whether in tort, contract 

or otherwise. The Named Plaintiffs will be required to execute a General Release, in the form 

attached hereto as Exhibit E, as a condition to receiving any payments to which they are entitled 

under Section 11 below. 

7.2. Binding Effect of Waiver and Release of Claims

Upon the Court’s issuance of the Final Order, the general release of claims shall be 

binding on the Named Plaintiffs and shall be binding on their heirs, legatees, personal 

representatives and assigns, or anyone claiming through them.

7.3. Settlement of claims for all earned wages, overtime wages, and all other wage 

claims.

Upon the Court’s issuance of the Final Order, this Agreement shall act as a full and final 

settlement of all claims arising under Counts I through III of the First Amended Complaint and 

all other claims for unpaid wages, overtime, or minimum wages including but not limited to all 

claims arising under the Fair Labor Standards Act 29 U.S.C. § 201, et seq., (“FLSA”), the 

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

and Collection Act, 820 ILCS 115/1 et seq., (“IWPCA”), and Illinois Prevailing Wage Act 820 

ILCS 130/1 et seq., (“IPWA”) for all Class Members as against Defendants arising on or before 

the date that the Court enters an order preliminarily approving this Stipulation of Settlement. 

Upon full performance of all terms and conditions of the Settlement, the Parties agree that the 

Litigation will be dismissed with prejudice, and through their respective counsel will take all 

steps reasonably necessary to seek such dismissal from the Court. 

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8. CONDITIONS OF SETTLEMENT 

8.1. This Stipulation of Settlement is expressly contingent on the following conditions 

precedent:

8.1.1. The Court preliminarily approves this Stipulation of Settlement and the 

Notice and Claim Form;

8.1.2. The Court certifies the Class as defined in Section 6;

8.1.3. The Court conducts a Fairness Hearing; and

8.1.4. The Court issues a Final Order approving this Stipulation of Settlement 

and dismissing the Litigation as provided in Section 10.

8.2. The Parties hereby covenant and agree to cooperate reasonably and in good faith 

for the purpose of implementing and achieving the conditions set forth above, including without 

limitation, timely filing of all motions, papers and evidence necessary to do so, and refraining 

from causing or encouraging directly or indirectly any appeal or institution of other action or 

proceedings seeking review of the Final Order or seeking the assertion of any cause of action 

contemplated or released by this Stipulation of Settlement. The Parties further agree that the 

case shall be stayed in all respects during the process of satisfying the conditions precedent as 

provided herein, until the entry of a Final Order is no longer a possibility as determined by this 

Court or a court of appeal.

8.3. The Plaintiffs’ counsel shall seek Preliminary Approval of this Settlement.

8.4. If 10% or more of the potential Class Members opt out of the Settlement, 

Defendants shall have the option of declaring this Agreement null and void. If Defendants 

declared this Agreement void after 10% or more Class Member opted out of this Agreement, 

Defendants will be under no obligation to pay any payment under this Agreement and nothing 

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in this Stipulation of Settlement shall be used or construed by or against any Party as a 

determination, admission, or concession of any issue of law or fact in the litigation. 

Furthermore, the Parties will not have waived, and expressly reserve, their respective rights with 

regard to the prosecution and defense of the Litigation, as if this Stipulation of Settlement never 

existed.

8.5. If the Court does not enter a Final Order for any reason that cannot be cured by the 

Parties, or, in the event of an appeal, the Final Order is not upheld, all matters covered by this 

Agreement shall be null and void and Defendants shall be under no obligation to pay any 

payment under this Agreement and nothing in this Stipulation of Settlement shall be used or 

construed by or against any Party as a determination, admission, or concession of any issue of 

law or fact in the litigation. Further, should a Final Order not be entered and/or upheld on 

appeal, the Parties shall not have waived, and expressly reserve, their respective rights with 

regard to the prosecution and defense of the Litigation, as if this Stipulation of Settlement never 

existed.

9. NOTICE, FILING OF CLAIMS AND OPPORTUNITY TO OPT-OUT

9.1. Notice to Class Members

9.1.1. No later than seven (7) days after the Court’s Preliminary Approval, CSR 

will tender to Plaintiffs’ Counsel a Microsoft Excel spreadsheet (the “Notice List”) 

including the following information for each Class Member: 

9.1.1.1 First Name, Last Name, and Middle Initial

9.1.1.2 Most recent mailing address CSR’s records

9.1.1.3 Starting and ending dates of employment with CSR

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9.1.2. Using the information provided by CSR under Section 9.1.1, Class 

Counsel will prepare a Notice Packet for each Class Member, consisting of a Claim Form 

in the form attached hereto as Exhibit B and the Abridged Notice of Class Action 

Settlement (“Abridged Notice”) attached as Exhibit C. The Abridged Notice includes 

instructions for filing a claim or opting out of the settlement of this litigation as well as a 

brief description of the Settlement and instructions on how any class member may 

receive the unabridged version of the Class Action Notice of this Litigation and 

Agreement (“Unabridged Notice”), a copy of which is attached hereto as Exhibit D. The 

Unabridged Notice contains a detailed description of the terms of the Settlement. Class 

Counsel will mail a copy of the Unabridged Notice to any member of the Settlement 

Class who requests it as provided in the instructions in the Abridged Notice within 5 

business days after the request. 

9.1.3. No later than 21 days after the Court’s Preliminary Approval, Class 

Counsel will mail the Notice Packet to each Class Member via first-class U.S. mail. Prior 

to mailing, the Class Counsel will run the addresses for Class Members through the 

USPS's NOCA database to ensure summary notice is mailed to the most currents address. 

9.1.4. Within 14 days of mailing, the Class Counsel shall provide the Counsel 

for Defendants with a list of the names and contact information for all persons to whom 

the Abridged Notice and Claims Form were sent, and the date or dates on which they 

were sent to each such person. At the same time, Class Counsel will provide copies of all 

materials sent to the Class Members, including the addressed envelopes. The Class 

Counsel shall notify Counsel for the Defendants of any Class Member whose Notice of 

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Class Action is returned as undelivered and provide a copy of the returned envelope and 

any other notice received from the Postal Service.

9.1.5. If the Notice Packet for any Class Member is returned to the Class 

Counsel as undelivered within thirty (30) days after the deadline for the initial mailing 

specified in Section 9.1.3 and Class Counsel receives a forwarding address from the U.S. 

Postal Service, the Class Counsel will promptly mail the Notice Packet to the forwarding 

address provided by the U.S. Postal Service. If after this Second Mailing the Class Action 

Notice and Claim Form are again returned as undelivered, or if no different forwarding 

address is provided by the U.S. Postal Service, the noticed mailing process shall end for 

that Class Member, who will be deemed not to have opted out of the Settlement and shall 

be bound by this Agreement. 

9.1.6. No later than fourteen (14) days after the completion of the Second 

Mailing, Class Counsel will provide the Parties’ Counsel with a list of the names and 

contact information of all Class Members to whom Class Action Notice and Claim Form 

was sent as part of the Second Mailing, and the date or dates of that mailing. At the same 

time, Class Counsel will provide copies of all materials sent to the Class Members, 

including the addressed envelopes.

9.2. Within seven days after the Filing Deadline, the Class Counsel will provide counsel 

for the Defendants with copies of all Claim Forms received on or before the Filing Deadline, 

and of post-marked envelopes (or, if none, other documentation) establishing that the claims 

forms were timely submitted. 

9.3. Opportunity to Opt Out and Opt-Out Period

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9.3.1. A Class Member electing to be excluded from this Settlement and the 

Litigation must file a written request to opt out of the Settlement with the Court no later 

than the Filing Deadline, and promptly serve a copy of the request on the Parties’ 

Counsel. The Filing Deadline applies notwithstanding any assertion of non-receipt of the 

Notice of Class Action by any Class Member. 

9.3.2. This Agreement and Final Order shall not apply to persons who opt out of 

the Litigation in accordance with Section 9.3.1. Any such person shall be excluded from 

the Settlement, and shall not be entitled to any payment pursuant to this Agreement. The 

parties will request that the Preliminary Approval Order provide that no putative Class 

Member will purport to exercise any exclusion rights of any other person, or purport to 

opt out other Class Members as a group, aggregate, or class involving more than one 

Class Member, or as an agent or representative. Any such purported opt-outs shall be 

void, and the Class Members that are the subject of the purported opt-out shall be treated 

as Settlement Class Members for all purposes.

9.4. Class Counsel's Communication With The Class Members

The Abridged Notice and Unabridged Notice will contain a telephone number for the 

Class Counsel. Class Counsel will respond to any communications or inquiries by any Class 

Members regarding the settlement and the procedures for participating in this settlement or 

opting out of the settlement. 

10. COURT PROCEEDINGS

This Agreement establishes procedures to secure final Court approval of the Settlement. 

These procedures are governed exclusively by the terms and conditions set forth in this 

Agreement, subject to approval of the Court.

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10.1. Plaintiffs’ Counsel will file a Motion for Preliminary Approval of this Agreement 

with the Court. A copy of this Agreement will be included as an exhibit to Plaintiffs’ Motion, 

with the names of the Class Members redacted as provided in Section 6.2.1. 

10.2. The Parties will execute this Agreement within fourteen (14) days of the Court 

granting Preliminary Approval of this Agreement. 

10.3. Fairness Hearing

The Parties will request the Court to conduct a Fairness Hearing on a date to be scheduled 

by the Court for purposes of reviewing the Settlement, evaluating objections by Class Members, 

if any, and deciding whether to issue a Final Order granting final approval of this Agreement and 

dismissing Counts I through Count III of the Amended Complaint with prejudice. As a part of 

the Parties’ Agreed Motion for Final Approval of Class Settlement, the Parties will include all 

relevant information and reports regarding notice to the class. The Parties will request that the 

Fairness Hearing be scheduled no sooner than 21 days but within 50 days after the Filing 

Deadline. 

10.4. This Agreement is contingent on the issuance of the Final Order. The Parties agree 

to take all reasonable steps as may be necessary to secure the Court’s approval of this 

Agreement, to the extent not inconsistent with the terms of this Agreement. The Parties further 

agree that they will not take any action adverse to each other in obtaining Court approval, and, 

if necessary, appellate approval, of the Agreement. The Parties expressly agree that they will not 

file any objection (other than a request for correction) to the terms of this Agreement and will 

not assist or encourage any person or entity to file any such objection.

10.5. The Parties will request that the Final Order provide for the Court to retain 

jurisdiction over the Litigation for a period not to exceed 180 days for the sole purpose of 

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administering and enforcing the terms of the Settlement, after which time the Litigation will be 

dismissed with prejudice absent further order of the Court. 

11. SETTLEMENT AMOUNT

11.1. In consideration for this Agreement, the releases to be provided by the Named 

Plaintiffs and Class Members under this Agreement, and dismissal of the Litigation with 

prejudice, CSR will pay a total Settlement Amount of Three Hundred Thousand Dollars 

($300,000), to be divided as follows:

11.1.1. Forty Six Thousand One Hundred Dollars of the Settlement Amount will 

be paid to the Named Plaintiffs for as an Enhancement Award and in consideration for 

their General Releases, as provided in Section 13. 

11.1.2. Ninety Thousand Dollars of the Settlement Amount will be paid to 

Plaintiffs’ Counsel as compensation for attorneys’ fees and costs, as provided in Section 

14. Reasonable fees and expenses of the associated with administering the claims process 

set forth in this Agreement will be covered by Class Counsel. 

11.1.3. The remainder of the Settlement Amount, totaling One Hundred Sixty 

Three Thousand Nine Hundred Dollars ($163,900), referred to in this Agreement as the 

“Class Settlement Amount,” will be distributed to the Class Members and Named 

Plaintiffs as provided in Section 12 below. 

11.2. All payments provided for in this Agreement will be made from the Settlement 

Amount, and in no event will Defendants’ total financial responsibility under this Agreement 

exceed the Settlement Amount, except that:

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11.2.1. CSR will pay the employer share of any payroll taxes that it is required to 

pay in connection with the payments to Class Members and the Named Plaintiffs under 

this Agreement; and 

11.2.2. CSR will pay for the cost of its own employees’ labor necessary to comply 

with this Agreement, and for any incidental costs associated with issuing and mailing the 

checks and tax statements provided for in this Agreement. 

12. Disbursement of the Class Settlement Amount

12.1. Conditions for Payment to Class Members

To receive a payment under this Section 12, a Class Member must complete and sign the

Claim Form without deletion or amendment of the release language, and return the Claim Form 

to the Class Counsel postmarked no later than the Filing Deadline. Class Counsel may respond 

to requests from Class Members for assistance in completing the Claim Form. Any person who 

fails to submit a valid, complete and timely Claim Form shall receive no benefit from this 

settlement. Any completed Claim Form that is returned to the Class Counsel postmarked after 

the Filing Deadline shall be deemed untimely and invalid. 

12.2. Amount of Payments to Class Members

12.2.1. Each Named Plaintiff and each Class Member who satisfies the conditions 

stated in Section 12.1 will receive a proportional share of the Class Settlement Amount. 

For settlement purposes only, Plaintiffs’ Counsel used the extensive time and payroll 

records produced by Defendants for each of the Named Plaintiffs to calculate a 

Maximum Potential Award per Calendar Day of Employment during the Limitations 

Period (“R”) for each Named Plaintiff and for each category of Class Member. This 

amount represents an estimate of the amount of wages and overtime pay that Plaintiffs 

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contend is owed by Defendants to each Named Plaintiff and Class Member for 

uncompensated travel and loading / unloading time. R for each Named Plaintiff and 

category of Class Member is as follows:

12.2.1.1 For Class Members identified by Defendants as Installation Crew 

members, $2.44. 

12.2.1.2 For Class Members identified by Defendants as Service Crew 

members, $14.87.

12.2.1.3 For class members identified by Defendants as splitting time 

between Installation and Service Crew duties, $6.17. 

12.2.1.4 For Class Members identified by Defendants as Service Crew 

Drivers, $12.63. 

12.2.1.5 For Arturo Avila: $2.44.

12.2.1.6 For Pedro Morales: $14.87.

12.2.1.7 For Salvador Quintana: $9.21. 

12.2.1.8 For Ignacio Blancas: $12.63.

12.2.1.9 For Arturo Ortiz: $2.44.

12.2.2. The number of Calendar Days of Employment during the limitations 

period (“N”) for each Class Member and Named Plaintiff was calculated based upon the 

individual’s hire date and termination date provided by Defendants, and is reflected in

Exhibit A. 

12.2.3. Each Named Plaintiff and Class Member’s Maximum Potential Award 

(M) will therefore be calculated as R*N. If that amount is less than $200, M for the payee 

will be $200.

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12.2.4. If the total of the Maximum Potential Awards (M) for all Named Plaintiffs 

and all Class Members who satisfy the conditions set forth in Section 12.1 (“T”) exceeds 

the Class Settlement Amount (“C”), the distribution to each Class Member and Named 

Plaintiff (“D”) will be reduced on a pro rata basis, according to the following calculation:

12.2.4.1 (M/T) * C = P

12.2.4.2 A supplement (“S”) to P will be calculated as follows: If P ≥ 

$200, S = 0; if P < $200, S = $200 – P. 

12.2.4.3 Q = the total of P for all payees for whom S = 0.

12.2.4.4 H = the total of S for all payees.

12.2.4.5 E = P / Q

12.2.4.6 A pro-rata reduction to P (“L”) for each payee will be calculated 

as follows: If S > 0, L = 0. If S = 0, L = E * H. 

12.2.4.7 The final distribution for each payee (“D”) = P + S – L. 

12.2.5. The formulas described above are embedded into the Microsoft Excel file 

from which the printed table attached as Exhibit A was generated. In the event of any 

discrepancy between the description above and the formulas in the Excel file, the latter 

shall control, provided however that if any errors are subsequently discovered in the 

Excel file that materially affect the rights of any party under this Agreement, the Parties 

agree to work in good faith to correct the errors and calculate the distributions to all 

payees according to the Parties’ settlement. 

12.2.6. Under the above formula, if all Class Members satisfy the conditions of 

Section 12.1, each Class Member and Named Plaintiff would receive a payment of at 

least $200, up to a maximum of $10,131.48. 

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20

12.2.7. The minimum payment to each Class Member and Named Plaintiff is set 

forth in Exhibit A. 

12.3. Determination of Claims. 

Within fourteen days after the receipt of the claims forms as provided in Section 9.2, 

counsel for the Parties will jointly prepare a list of all Class Members who have satisfied the 

conditions specified in Section 12.1 and calculate the amount of the distribution to each Class 

Member and Named Plaintiff as provided in Section 12.2 above using the Microsoft Excel file 

from which Exhibit A was generated. 

12.4. Distribution of Payments to the Payees

Checks in the amount calculated in accordance with Section 12.2 above will be mailed to 

each Class Member by CSR via certified mail within fifteen (15) business days after entry of the 

Final Order granting approval of this Settlement Agreement. Checks for each of the Named 

Plaintiffs will be tendered to Plaintiffs’ counsel for distribution to the Named Plaintiffs as 

provided in Section 13 below. 

12.4.1. Promptly following the mailing of the settlement payments, Defendants’ 

Counsel shall provide Plaintiffs’ Counsel with (i) copies of all checks mailed to the 

Payees, (ii) the date(s) of such mailing, and (iii) a ledger listing the certified mail tracking 

numbers associated with this mailing. 

12.4.2. Payees will have ninety (90) days from the date of issuance to cash their 

Settlement Award checks. Ninety (90) days after sending the Settlement Award checks, a 

stop payment order will be issued. Any settlement check returned to Defendants and not 

otherwise claimed by a Payee within ninety (90) days of the mailing date in Section 

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21

13.2.2 will be voided, and amounts payable pursuant to such check shall become part of 

the Remainder Amount. 

12.4.3. Within ten business days after expiration of the deadlines set forth in 

Section 12.4.2, Defendants’ counsel will provide Plaintiffs’ counsel a list identifying by 

Payee and check number any check returned to CSR as undeliverable or unclaimed, or 

for which a stop payment order was issued. 

12.4.4. CSR will provide copies of all checks cashed by Class Members within 

ten business days after the expiration of the deadline set forth in Section 12.4.2.

12.4.5. For any Class Members whose checks are not cashed within 90 days of 

issuance or returned as undeliverable, no further settlement payments will be sent to that 

Class Member, unless a corrected address is provided by Plaintiffs’ Counsel at least 14 

days prior to the expiration of the deadlines set forth in Section 12.4.2. 

13. NAMED PLAINTIFFS’ PAYMENTS

13.1. Each named Plaintiff shall receive a proportional share of the Class Settlement 

Amount as payment for owed wages as set forth in Section 12. Each Named Plaintiff will also 

receive an enhancement award in recognition of their service to the Class. Named Plaintiffs 

were substantially involved in the informal discovery process and met with Counsel multiple 

times to provide essential information and interpret time and pay records provided by 

Defendants. Plaintiffs Ignacio Blancas Arturo Avila, Pedro Morales and Arturo Ortiz also 

attended a private Mediation to resolve this matter on April 24, 2013. Finally, each Plaintiff will 

receive an additional payment amount in consideration for executing a general release of all 

claims they have against Defendants including claims for alleged retaliation and alleged 

interference with Plaintiffs' ability to contract with future employers. Plaintiffs' payment 

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22

amounts above their proportional share of the Class Settlement Amount are set forth in Chart 1, 

below. 

Chart 1. 

Plaintiffs Enhancement

General 

Release

Arturo Avila $2,000.00 $5,200.00

Pedro Morales $2,000.00 $11,500.00

Salvador Quintana $1,200.00 $7,500.00

Igancio Blancas $2,000.00 $7,500.00

Arturo Ortiz $2,000.00 $5,200.00

13.2. Fifty percent (50%) of each payment made to Named Plaintiffs, with the 

exception of the enhancement award payment shall be treated as settlement of a wage claim. 

Appropriate withholding of federal, state, and local income taxes, and the Named Plaintiff’s 

share of Federal Insurance Contributions Act (FICA) taxes shall be deducted from the 

respective Settlement Payments, and CSR shall issue an IRS form W-2 for such payments. CSR 

will be responsible for paying from its own funds Federal Unemployment Tax Act and the 

employer’s share of FICA taxes on all applicable amounts paid to the Named Plaintiffs. The 

remaining 50% of each payment made to each Named Plaintiff shall be treated as settlement of 

the Named Plaintiff's claim for liquidated and/or penalty damages pursuant to the FLSA and/or 

the state statutes providing for liquidated and/or penalty damages, as well as for alleged 

retaliation, and shall be made without withholdings. CSR will report such payments as well as 

the enhancement awards, on IRS Forms 1099. CSR shall use tax documents on file for each 

Named Plaintiff wherever practicable to make such withholdings. 

13.3. Within 15 business days after Final Approval by the Court, receipt of General 

Releases executed by all of the Named Plaintiffs, CSR will cause payments to be issued to each 

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23

of the named Plaintiffs as provided in this Section 11, care of Plaintiffs’ Counsel, Workers’ Law 

Office, PC at 401 S. LaSalle St., Suite 1400, Chicago, Illinois 60605.

14. ATTORNEYS’ FEES AND COSTS 

14.1. CSR will pay Plaintiffs’ Counsel Ninety Thousand and 00/100 Dollars 

($90,000.00), as compensation for all attorneys’ fees and costs incurred in connection with this 

case, this Settlement, and any appeal, including but not limited to: (i) obtaining Preliminary 

Approval from the Court; (ii) administering the settlement and responding to inquiries from 

Class Members regarding the Settlement; (iii) assisting Class Members; (iv) assisting in 

resolving any objections; (v) defending the Settlement and securing the Final Order, including 

the conduct of any appellate action. This payment will be made from the Settlement Amount of 

$300,000.00. 

14.2. Within 15 business days after Final Approval by the Court of the attorneys’ fees 

and costs pursuant to this Section, CSR will issue a check, payable to Workers’ Law Office, PC 

Workers’ Law Office, PC at 401 S. LaSalle St., Suite 1400, Chicago, Illinois 60605. As a 

condition precedent to receipt of this payment, Workers’ Law Office, PC will provide CSR with 

a completed IRS Form W-9. CSR will issue Workers’ Law Office, PC an IRS Form 1099 for 

the payment provided under Section 12.1.

15. TAXATION 

15.1. Fifty percent (50%) of each payment made to each Class Member shall be treated 

as settlement of a wage claim, with appropriate withholding of federal, state, and local income 

taxes, and the Class Members’ share of Federal Insurance Contributions Act (FICA) taxes shall 

be deducted from the respective Settlement Payments, and Defendants shall issue an IRS form 

W-2 for such payments. Defendants will be responsible for paying from its own funds Federal 

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24

Unemployment Tax Act and the employer’s share of FICA taxes on all applicable amounts paid 

to Class Members. The remaining 50% of each payment made to a Class Member shall be 

treated as settlement of the Class Member's claim for liquidated and/or penalty damages 

pursuant to the FLSA and/or the state statutes providing for liquidated and/or penalty damages 

and shall be made without withholdings and Defendants shall issue an IRS form 1099 for such 

payments. 

15.2. Payments to Named Plaintiffs shall be apportioned as specified in Section 13.2 of 

this Agreement.

15.3. For all payments to each named Plaintiff and to Class Members, IRS Form W-2s 

and IRS Form 1099s will be distributed at times and in the manner required by the Internal 

Revenue Code of 1986 (the “Code”) and consistent with this Agreement.

15.4. If the Code, the regulations promulgated thereunder, or other applicable tax law 

change after the date of this Agreement, the processes set forth in this section may be modified 

with the approval of the Court in a manner to bring CSR into compliance with any such 

changes.

15.5. With respect to the Named Plaintiffs' Payments, the recipients represent that they 

understand that it is their obligation to pay appropriate federal, state, and local income taxes, 

interest, penalties, or other amounts due on such payments. 

16. DISTRIBUTION OF ANY REMAINDER

16.1. Thirty (30) calendar days delivery of the information described in Section 12.4.3 

to Plaintiffs’ Counsel, half (50%) of any Remainder Amount shall be designated as cy pres

approved by the Court and distributed to the Agency. The remaining 50% of the Remainder 

Amount will revert to CSR. 

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25

17. LIMITATIONS ON THE USE OF THIS SETTLEMENT

17.1. Defendants deny that it engaged in any illegal or improper conduct. This 

Stipulation of Settlement, including all exhibits and related documents, does not constitute, is 

not intended to constitute, and will not be deemed to constitute an admission by Defendants as 

to the merits of any of the allegations or claims made in the Litigation. Rather, Defendants deny 

all of the allegations in the Litigation and denies any and all liability of any kind to anyone with 

respect to the alleged facts and causes of action asserted in the Litigation.

17.2. Nothing in this Settlement, including any action taken in implementation thereof, 

any statements, discussions or communications, and any materials prepared, exchanged, issued 

or used during the course of the negotiations leading to the Settlement, is intended to be 

introduced, used or deemed admissible in any way in the Litigation or any other judicial, 

arbitral, administrative, investigative or other forum or proceeding as evidence of any violation 

of any federal, state, or local law, statute, ordinance, regulation, rule or executive order, or any 

obligation or duty at law or in equity. Notwithstanding the foregoing, the Settlement may be 

used in any proceeding that has as its purpose the interpretation, implementation, or 

enforcement of the Settlement, or any orders, rulings or judgments of the Court entered in 

connection therewith.

17.3. If this Stipulation of Settlement shall not enter force, because the Court does not 

issue the Final Order, or the Final Order is reversed or substantially modified, or for any other 

reason, then this Agreement shall be considered null and void. In that event, neither this 

Stipulation of Settlement nor any of the related negotiations or proceedings shall be of any force 

or effect, and all Parties shall stand in the same position, without prejudice, as if the Settlement 

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26

had been neither executed nor filed with the Court, and neither the Settlement Class nor Class 

Counsel shall receive any benefit, nor suffer any detriment, as a result. 

17.4. Invalidation of any material portion of this Stipulation of Settlement shall 

invalidate this Stipulation of Settlement in its entirety unless the Parties shall agree in writing 

that the remaining provisions shall remain in full force and effect.

18. MISCELLANEOUS PROVISIONS

18.1. Stay of Litigation

Consistent with this Agreement between Named Plaintiffs and Defendants, the Parties 

agree to the stay of all discovery in the Litigation, pending the issuance of the Final Order.

18.2. No Interference

Defendants and Defendants’ Counsel agree to take no action of any kind to interfere with 

any Class Member’s decision whether or not to participate in this Settlement, or to otherwise 

obtain or secure benefits under this Agreement.

18.3. No Retaliation

Defendants shall not retaliate against the Named Plaintiffs, all persons claiming under the 

settlement, or all persons availing themselves of the dispute resolution process.

18.4. Employment References

Defendants agree that they shall respond to any inquiries from prospective employers 

regarding any of the Named Plaintiffs with information exclusively limited to their dates of 

employment, their last position held, and their duties.

18.5. Successors and Assigns

This Stipulation of Settlement shall be binding upon and inure to the benefit of the Parties 

and their successors and assigns and applies to the sale or other transfer of the business and 

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27

ownership of Defendants, including the sale of assets, in whole or in part, and regardless of 

whether the sale involves the continuation of a substantial number of the workers of CSR 

Defendant to operate such sold or transferred business or assets.

18.6. Interpretation of the Agreement

The Agreement will be interpreted and enforced under the laws of the State of Illinois, 

without regard to its conflict of laws provisions, except where federal law applies. Any claim 

regarding the enforcement of the Agreement will be resolved solely and exclusively in the U.S. 

District Court for the Northern District of Illinois.

18.7. Final Agreement

The terms and conditions of this Agreement constitute the exclusive and final 

understanding and expression of all agreements between Plaintiffs and Defendants with respect 

to the resolution of the Litigation. The Named Plaintiffs, on their own behalf and on behalf of the 

class they represent, and Defendants accept entry of this Agreement based solely upon its terms 

and not in reliance upon any representations or promises other than those contained in this 

Agreement. 

18.8. Good Faith Cooperation

Named Plaintiffs and Defendants recognize that during the process of implementing the 

terms of this Agreement, issues not contemplated by the parties may arise. In that event, Named 

Plaintiffs and Defendants agree to exercise good faith in attempting to resolve such issues.

18.9. Counterparts

This Agreement may be executed in one or more actual or facsimile counterparts, all of 

which will be considered one and the same instrument and all of which will be considered 

duplicate originals.

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28

18.10. Authority

Each individual signing below warrants that she or he has the authority to execute this 

Agreement on behalf of the party for whom or which that individual signs. The failure of any one 

party to sign this Agreement will not affect the enforceability of this Agreement. 

For Plaintiffs: For CSR Defenants:

____________________________________

CHRISTOPHER J. WILLIAMS 

Workers’ Law Office, PC

401 S. LaSalle, Suite 1400

Chicago, Il 60606

(312) 795-9121

Attorney for Plaintiffs 

____________________________________

WILLIAM POKORNY

Franczek Radelet P.C.

300 South Wacker Drive, Suite 3400

Chicago, Illinois 60606

(312) 986-0300

Attorney for Defendants

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29

EXHIBIT A

[List of Class Members]

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Blancas et al. v. Cairo Sons Roofing, Inc. e

Case No. 12-cv-2636

EXHIBIT A TO STIPULATION OF SETTLEM

(Subject to Final Court Approval)

Claim ID No. First Name Middle Initial Last Name Employment Status applicable)

Termination Date (

01 ARTURO AVILA Terminated 6/26/2011 

02 PEDRO MORALES Terminated 8/19/2011 

03 SALVADOR QUINTANA Terminated 8/9/2011 

04 IGNACIO BLANCAS Terminated 3/4/2010 

05 ARTURO ORTIZ Terminated 7/5/2011 

06 LIBORIO ALCANTARA Terminated 7/31/2009 

07 JUVENAL ALVARADO Terminated 11/23/2009 

08 ARTURO ALVAREZ Active 

09 IVAN AVILA Active 

10 MARGARITO BAHENA Active 

11 VICTOR BATREZ Terminated 12/11/2009 

12 GUMERCINDO GARCIA BAUTISTA Terminated 9/5/2009 

13 GERARDO MARENO BOYZO Terminated 11/18/2011 

14 VICTOR CARPIO Terminated 3/31/2010 

15 MARIO CARRILLO Active 

16 JULIAN EDUARDO CASTANEDA Terminated 11/4/2011 

17 LUIS CASTRO Active 

18 MANUEL CORDOVA Active 

19 FELIPE CRUZ Terminated 7/9/2009 

20 LEOPOLDO CRUZ Terminated 9/9/2009 

21 ARTURO DOMINGUEZ Active 

22 EFIGENIO FERNANDEZ Terminated 11/4/2009 

23 FRANCISCO GARCIA Terminated 12/18/2009 

24 JESUS GARCIA Terminated 12/11/2009 

25 LEONIDES GARCIA Active 

26 VICENTE ROMERO GARCIA Terminated 12/16/2011 

27 JOEL GONZALEZ Terminated 12/5/2009 

28 FERNANDO GUTIERREZ Terminated 5/21/2009 

29 JOSE GUZMAN Terminated 11/20/2009 

30 ISAAC HELGUERA Inactive 9/29/2011 

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Blancas et al. v. Cairo Sons Roofing, Inc. e

Case No. 12-cv-2636

EXHIBIT A TO STIPULATION OF SETTLEM

(Subject to Final Court Approval)

Claim ID No. First Name Middle Initial Last Name Employment Status applicable)

Termination Date (

31 CELSO G. HERNANDEZ Terminated 7/25/2011 

32 MIGUEL A. HINOJOSA Terminated 12/19/2009 

33 DANIEL JAMAICA Terminated 5/29/2009 

34 GUMESINDO JIMENEZ Active 

35 JOSE CATARINO LERMA Terminated 7/6/2009 

36 SAMUEL LIMA Terminated 11/20/2009 

37 GAUDENCIO LLANES Terminated 8/4/2011 

38 ANTONIO MACEDO Active 

39 GABRIEL MARTINEZ Terminated 12/19/2009 

40 GERARDO V MARTINEZ Terminated 9/17/2010 

41 JESUS MIJARES Terminated 7/24/2009 

42 ALEJANDRO MORENO Terminated 7/18/2011 

43 RAUL NAVA Terminated 7/20/2010 

44 JOEL VALDES NAVARRETE Terminated 10/11/2011 

45 JOSE OCON Terminated 4/9/2010 

46 URIEL PALOMARES Terminated 11/11/2011 

47 JOSE REGALADO Terminated 12/2/2009 

48 ADAN RIVERA Terminated 6/5/2009 

49 GERARDO RODRIGUEZ Terminated 9/12/2011 

50 FRANCISCO ROMANO Terminated 7/15/2011 

51 BENITO ROSENDO Active 

52 JUAN C. RUIZ Terminated 4/20/2012 

53 VICTOR SANDOVAL Terminated 4/29/2011 

54 QUIRINO TORRES Terminated 11/9/2009 

55 RENE TORRES Terminated 11/30/2011 

56 JOAQUIN URIZAR Terminated 7/7/2011 

57 ALONSO VARGAS Terminated 9/4/2009 

58 NOEL VELASCO Terminated 11/15/2010 

59 JOSE EDUARDO VERGARA Terminated 11/24/2009 

60 JORGE ARGUIJO Terminated 12/16/2009 

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Blancas et al. v. Cairo Sons Roofing, Inc. e

Case No. 12-cv-2636

EXHIBIT A TO STIPULATION OF SETTLEM

(Subject to Final Court Approval)

Claim ID No. First Name Middle Initial Last Name Employment Status applicable)

Termination Date (

61 ARTURO CHAVEZ Active 

62 JOEL CHAVEZ MARTINEZ Active 

63 SANTOS C GARNICA Active 

64 IG. ALEJANDRO LOZANO Active 

65 VALENTIN ROSAS MENDEZ Terminated 8/3/2011 

66 JOSE PEREZ Active 

67 OMAR J. PONCE Active 

68 BENJAMIN QUINTANA Active 

69 JUAN QUINTANA Active 

70 LAZARO QUINTANA Active 

71 MIGUEL QUINTANA Active 

72 ROGELIO REGALADO Active 

73 MARIO SORIANO Active 

74 ARMANDO A SOTO Active 

75 JOEL URBINA Active 

76 CUTBERTO VERGARA Active 

77 NICHOLAS BARRIGA Active 

78 MIGUEL DE LA ROSA Active 

79 ENRIQUE ROMERO Active 

80 FERNANDO ESPINO Active 

81 RAMIRO GARCIA Active 

82 HILARIO MAGOS Active 

83 RANDOLPH WILSON Terminated 2/2/2012 

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30

EXHIBIT B

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

Blancas, et al. v. Cairo and Sons Roofing Co. Inc., et al., Case No. 12 C 2636

CLAIM AND RELEASE FORM

If your name, address, or dates of employment are different from those shown below, print the corrections on the lines to the right.

Changes (if any):

<<NAME>> _________________________________

<<ADDRESS>> _________________________________

<<CITY>>,<<ST>><<ZIP>> _________________________________

Please provide your day and evening telephone numbers:

( ___ ___ ___ ) ___ ___ ___ - ___ ___ ___ ___ ( ___ ___ ___) ___ ___ ___ - ___ ___ ___ ___

 Area Code Daytime Telephone Number Area Code Evening Telephone Number

YOU MUST COMPLETE THIS FORM IN ORDER TO BE ELIGIBLE FOR A MONETARY RECOVERY. 

INCOMPLETE AND/OR UNTIMELY CLAIM FORMS WILL BE REJECTED.

I. INSTRUCTIONS:

1. You must sign and mail this Claim Form in order to be eligible for a monetary recovery. Your Claim Form must 

be postmarked on or before (FILING DEADLINE), or it will be rejected.

2. If you move, please send Class Counsel your new address. It is your responsibility to keep a current address on file with 

Class Counsel.

II. TO QUALIFY FOR YOUR SHARE OF THE SETTLEMENT AMOUNT, YOU MUST AGREE TO THE FOLLOWING 

CONDITIONS BY SIGNING AND DATING SECTION III.

I consent and agree to join the above referenced lawsuit for owed wages, including owed overtime and/or uncompensated time for 

work performed as an employee of Cairo & Sons Roofing Co., Inc. (“CSR”). I agree to be bound by the collective and class action 

settlement in the above-referenced case. My signature constitutes a full and complete release by me on behalf of myself and my 

heirs, legatees, personal representatives and assigns, of CSR and all of its parents, divisions, subsidiaries, partnerships, affiliates, and 

benefit plans and all of their past, present, and future trustees, fiduciaries, owners, shareholders, administrators, directors, officers, 

agents, partners, members, principals, employees, insurers and attorneys, and Mario Cairo and all of his successors, heirs, and 

assigns, for all claims, known or unknown, of nonpayment and/or underpayment of wages, including minimum and overtime wages, 

all uncompensated work time and prevailing wages, including but not limited to all claims arising under the Fair Labor Standards 

Act 29 U.S.C. § 201, et seq., the Illinois Minimum Wage Law 820 ILCS 105/1, et seq., the Illinois Wage Payment and Collection 

Act, 820 ILCS 115/1 et seq., and Illinois Prevailing Wage Act 820 ILCS 130/1 et seq arising on or before [DATE OF 

PRELIMINARY APPROVAL].

__ __ __ — __ __ — ___ ___ ___ ___ _________________________________________

Taxpayer Identification Number or Social Security Number Former Names (if any)

III. CLAIMANT SIGNATURE:

I declare under penalty of perjury under the laws of the State of Illinois and the United States that the foregoing is true and correct 

and that I understand and agree to be bound by the terms of the above waiver and release. I hereby waive my right to object and/or 

opt out of the settlement class.

x______________________________________ Date Signed: ____________________________

(Sign your name here)

Note: YOUR IMMIGRATION STATUS WILL NOT AFFECT YOUR ELIGIBILITY FOR A MONETARY RECOVERY.

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31

EXHIBIT C [Abridged Notice]

NOTICE OF CLASS ACTION SETTLEMENT

UNITED STATES DISTRICT COURT Blancas et al. v. Cairo & Sons Roofing, Co. Inc., et al.

NORTHERN DISTRICT OF ILLINOIS c/o Workers' Law Office P.C..,

EASTERN DIVISION

CASE NO. 11 C 2162

WHY YOU ARE RECEIVING THIS NOTICE

Records reflect that you were employed by Cairo and Sons Roofing Co. Inc., between Approximately April 10, 

2009 and April 10, 2012 as a roofer, and that you may not have been paid for all time worked including travel time 

and loading and unloading time possibly resulting in a violation the overtime requirements of the Fair Labor 

Standards Act 29 U.S.C. § 201, et seq., and the Illinois Minimum Wage Law 820 ILCS 105/1, et seq., as well as 

the requirements of the Illinois Wage Payment and Collection Act, 820 ILCS 115/1 et seq. Accordingly, you may 

be eligible to participate in the Settlement of this lawsuit by completing the attached Claim Form, with any 

supporting documentation, and timely mailing it to Class Counsel.

To receive your share of the Settlement Fund, you must mail the attached Claim and Release Form not 

later than [FILING DEADLINE]. The Claim and Release must be signed and returned, without alteration or 

amendment.

PLEASE NOTE: This is only a summary of the settlement terms. A Complete Notice is available that provides the 

details of this lawsuit and settlement. To obtain a copy of the Complete Notice, contact the Class Counsel at 

(312) 795-9120.

Una copia dela Notificación está disponible en Español por llamar a (312) 795-9120.

The minimum payment you will receive if you accept this settlement is $XXX.XX. Your actual payment may 

be higher than the estimate, depending upon the number of individuals who file timely claims. 

You may also exclude yourself from the Settlement or object to the terms of the Settlement. Information 

on excluding yourself from the Settlement or objecting to the terms of the Settlement and directions on how to do 

so are provided in the Complete Notice. PLEASE REVIEW THE COMPLETE NOTICE PRIOR TO EXCLUDING 

YOURSELF FROM THE SETTLEMENT OR OBJECTING TO THE TERMS OF THE SETTLEMENT.

FILE THE ATTACHED CLAIM FORM WITH A POSTMARK NO LATER THAN [FILING DEADLINE].

[Insert Exhibit B Claim Form Here For Self-Addressed, Postage Paid Mailer To Class 

Members]

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32

EXHIBIT D

IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

IGNACIO BLANCAS, PEDRO MORALES, 

SALVADOR QUINTANA, ARTURO 

AVILA, and ARTURO ORTIZ, on behalf of 

themselves and other similarly situated 

persons, 

Plaintiffs,

 v.

CAIRO & SONS ROOFING CO, INC., and 

MARIO CAIRO

Defendants.

Case No. 12 C 2636

Judge Durkin

NOTICE OF PENDENCY OF CLASS ACTION AND COLLECTIVE ACTION, 

PROPOSED SETTLEMENTAND FAIRNESS HEARING

TO: All individuals who were employed by Defendants between April 10, 

2009 and April 10, 2012 in any hourly position, excluding office positions, but 

who were allegedly not paid overtime wages for all time worked in excess of forty 

(40) hours in individual work weeks and/or who were allegedly not compensated 

for all time worked in individual work weeks.

IF YOU WISH TO RECEIVE A PORTION OF THE CLASS 

SETTLEMENT PROCEEDS DESCRIBED BELOW, YOU 

MUST COMPLETE AND RETURN THE CLAIM FORM TO 

THE CLASS COUNSELBY [FILING DEADLINE].

What is this Notice about? 

This Notice is to tell you about the Settlement of a “class action” and “collective action” 

lawsuit that was filed against Cairo & Sons Roofing, Co. Inc, and Mario Cairo (hereafter 

“Defendants”) and to tell you about a “Fairness Hearing” before Judge Thomas Durkin on 

Please Read This Notice Carefully. This Notice Relates to a Proposed Class 

Action Settlement of Litigation. If You Are a Class Member, It Contains 

Important Information as to Your Rights. 

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33

______, 2013 at _____ __.m. in Courtroom 1725 of the United States District Courthouse, 

located at 219 South Dearborn Avenue, Chicago, Illinois 60604, to determine whether the 

proposed settlement described in the Stipulation of Settlement (the “Settlement”) fairly resolves 

the claims against Defendant Defendants as explained below. 

This Notice is not a notice of a lawsuit against you. A Federal Court has authorized this Notice.

What is the Litigation about? 

On April 10, 2012, a class action lawsuit was filed in the U.S. District Court for the 

Northern District of Illinois. The case is currently titled Blancas, et al. v. CSR Roofing et al., 

Case No. 12 C 2636. Plaintiffs allege that they and similarly situated employees of Defendants 

were not compensated for all time worked including all time worked in excess of forty (40) 

hours per week. Counts I and II of the First Amended Complaint allege a failure to pay 

overtime wages to Plaintiffs and other similarly situated employees in violation of the Fair 

Labor Standards Act 29 U.S.C. § 201, et seq., (“FLSA”), and the Illinois Minimum Wage Law 

820 ILCS 105/1, et seq (“IMWL”). Counts III alleges a failure to pay Plaintiffs for all time 

worked at the rate agreed to by the parties in violation of the Illinois Wage Payment and 

Collection Act, 820 ILCS 115/1 et seq., (“IWPCA”). Defendants wish to settle this lawsuit to 

avoid costly and time-consuming litigation but Defendants do not admit to any wrongdoing or 

liability.

Why did I get this Notice? 

You received this Notice because the lawyers for the Plaintiffs and Defendants identified 

you as a person in the Class, defined as: 

All individuals who were employed by Defendants between April 10, 2009 and 

April 10, 2012 in any hourly position, excluding office positions, but who were 

allegedly not paid overtime wages for all time worked in excess of forty (40) 

hours in individual work weeks and/or who were allegedly not compensated for 

all time worked in individual work weeks.

If you received this Notice, you are eligible to participate in the Settlement and may be eligible 

for compensation as described below. 

What is the “Settlement” and how was it agreed upon? 

The Settlement is a compromise of Plaintiffs’ claims in the Litigation and is not to be 

construed as an admission of liability on the part of Defendants. The Court has granted 

preliminary approval of the Settlement, and the Named Plaintiffs and Defendants (collectively, 

“the Parties”) are now seeking final Court approval, which is required for the Settlement to 

become effective. The Settlement includes a procedure for eligible persons to receive their share 

of the Class Settlement Amount. Plaintiffs believe that the claims asserted in the Litigation have 

merit. Defendants do not believe that the claims asserted in the Litigation have merit. There has 

been no determination by any court, administrative agency, or other tribunal as to the truth or 

validity of the factual allegations made against Defendants in this Litigation. 

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Substantial amounts of time, energy, and other resources have been devoted by the 

Parties in prosecuting and in defending the Litigation. Unless there is a settlement, that Litigation 

will continue. In settlement negotiations, the Parties have taken into account the uncertainty of 

the outcome and the risk of litigation. In light of these factors, the Parties believe that the 

Settlement is the best way to resolve the Litigation while minimizing further expenditures. 

The Parties and their attorneys believe that the Settlement is fair, reasonable, and 

adequate, and in the best interests of all Parties, including the Settlement Class. 

What are the terms of the Settlement? 

Defendants have agreed to pay a Settlement Amount of $300,000.00 to resolve all claims 

in this Lawsuit as described in the Stipulation of Settlement. Each class member shall be 

allocated a proportionate share of the Settlement Amount after the Settlement Fund has been 

reduced by: (1) $46,100 for court-approved payments to the Named Plaintiffs for service awards 

and as consideration for executing full releases of all claims as to Defendants, and (2) $90,000 as 

payment for court approved attorneys’ fees and reasonable costs, including the costs of 

administering the settlement up through final approval of the Settlement. The Settlement 

Amount as reduced by the foregoing amounts is referred to in this Notice as the “Class 

Settlement Amount.” Every Class Member, including Plaintiffs, who timely files a claims form 

will be allocated a pro rata share of the Class Settlement Amount.

The combined total of any unclaimed Settlement Fund amounts and the amounts of the 

settlement checks that Settlement Class Members fail to cash or negotiate within 90 days of 

mailing, if any, shall be distributed and allocated with fifty percent (50%) to Defendants and 

(50%) as a cy pres award to Working Hands Legal Clinic, a nonprofit organization whose 

mission is to provide legal assistance in the area of employment law to low wage workers in the 

greater Chicago area.

What am I entitled to recover under the Settlement? 

If the settlement is approved by the Court, the settlement funds will be distributed in 

proportion to the relative amount of damages that each class member may have recovered if 

Plaintiffs had continued, and ultimately prevailed in, the litigation. 

Every Class Member, including Plaintiffs, will be allocated a pro rata share of the Class 

Settlement Amount, which was calculated as follows:

For settlement purposes only, Plaintiffs’ Counsel used the extensive time and 

payroll records produced by Defendants for each of the Named Plaintiffs to 

calculate a Maximum Potential Award per Calendar Day of Employment during 

the Limitations Period (“R”) for each Named Plaintiff and for each category of 

Class Member. This amount represents an estimate of the amount of wages and 

overtime pay that Plaintiffs contend is owed by Defendants to each Named 

Plaintiff and Class Member for uncompensated travel and loading / unloading 

time. R for each category of Class Member is as follows:

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For Class Members identified by Defendants as Installation Crew 

members, $2.44. 

For Class Members identified by Defendants as Service Crew members, 

$14.87.

For class members identified by Defendants as splitting time between 

Installation and Service Crew duties, $6.17. 

For Class Members identified by Defendants as Service Crew Drivers, 

$12.63. 

The number of Calendar Days of Employment during the limitations period (“N”) for 

each Class Member and Named Plaintiff was calculated based upon the individual’s hire date 

and termination date provided by Defendants. 

Each Class Member’s Maximum Potential Award (M) will therefore be calculated as 

R*N. If that amount is less than $200, M for the Class Member will be $200.

If the total of the Maximum Potential Awards (M) for all Class Members who satisfy the 

conditions for payment exceeds the Class Settlement Amount, the distribution to each class 

member will be reduced on a pro rata basis, provided however that all Class Members who 

submit timely claims will receive at least $200. 

Under the above formula, the minimum payments to each class member who files a 

timely claim range from $200 to $10,131.48. 

The Defendants will pay settlement distributions directly to eligible claimants. Fifty 

percent (50%) of your settlement share will be taxable, and the Defendants will make appropriate 

withholdings from your distribution. The remaining fifty-percent (50%) of your settlement share 

is allocated as interest, penalties and liquidated damages, not wages. No withholdings will be 

taken out of this amount. 

How do I receive a Settlement Award? 

To receive a part of the Class Settlement Amount, you must complete and sign the Claim 

Form without alteration or amendment and return it to the Class Counsel on or before [Filing 

Deadline]. If you do not timely complete and return a signed and completed Claim Form, you 

will not receive a Monetary Settlement Award.

Am I required to participate in the Settlement? 

No, you may do nothing and you will remain a member of the class and bound by the 

Class Settlement but you will not receive a check. 

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You also have the right to exclude yourself from the lawsuit and “opt-out” of the 

Settlement if you comply with the opt-out procedure stated below. If you exclude yourself, you 

will not receive any monies from the settlement.

To effectively opt-out, you must file with the Clerk of the United States District Court for 

the Northern District of Illinois, 219 S. Dearborn, 20th Floor, Chicago, IL 60604, a written 

statement expressing your desire to be excluded from the Settlement in Blancas et al v Cairo & 

Sons Roofing Co. Inc., et al no later than [Filing Deadline]. The “opt-out” statement must be 

postmarked no later than [Filing Deadline] to be effective. The statement must include (1) 

your name, (2) current address and current telephone number, (2) your dates of employment and 

job titles with Defendants, and (3) specifically state your desire to be excluded from the 

settlement. If you opt-out of the Settlement you will not recover any money as part of this 

Settlement. You may, however, pursue other legal remedies apart from the Settlement that may 

be available to you. Neither the Parties nor their attorneys make any representations to you 

regarding what, if any, legal remedies are available to you should you choose to opt-out. YOU 

SHOULD NOT OPT-OUT IF YOU WISH TO PARTICIPATE IN THE SETTLEMENT.

Persons who do not opt-out of the Settlement (whether or not such members submit 

claims) will release and discharge, on behalf of themselves and their heirs, legatees, personal 

representatives and assigns, Defendants CSR, Mario Cairo, and all of their respective parents, 

divisions, subsidiaries, partnerships, affiliates, and benefit plans and all of their past, present, and 

future trustees, fiduciaries, shareholders, administrators, directors, officers, agents, partners, 

members, principals, employees, insurers and attorneys, for all claims, known or unknown, of 

nonpayment and/or underpayment of wages, including minimum and overtime wages, all 

uncompensated work time and prevailing wages in violation of the Fair Labor Standards Act 29 

U.S.C. § 201, et seq., the Illinois Minimum Wage Law 820 ILCS 105/1, et seq., the Illinois 

Wage Payment and Collection Act, 820 ILCS 115/1 et seq., and Illinois Prevailing Wage Act 

820 ILCS 130/1 et seq., from April 10, 2010 through April 10, 2012.

You must mail copies of the “opt-out” statement to Class Counsel and to Defendants’ 

Counsel at the addresses listed below. 

Class Counsel

Christopher J. Williams

Alvar Ayala

Workers’ Law Office, PC

401 S. LaSalle St., Suite 1400

Chicago, IL 60605

Defendants’ Counsel

William Pokorny

Franczek Radelet P.C.

300 South Wacker Drive, Suite 3400

Chicago, Illinois 60606

What is the Fairness Hearing and do I need to attend? 

The purpose of the Fairness Hearing in this case is to determine whether the proposed 

Settlement of the Litigation is fair, reasonable, and adequate, and whether the proposed 

Settlement should be finally approved by the Court and the Litigation dismissed. Any Class 

Member who is satisfied with the proposed Settlement does not have to appear at the 

Fairness Hearing.

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Any person who has not validly and timely opted-out of the Settlement but who objects 

to the proposed Settlement may appear in person or through counsel at the Fairness Hearing and 

be heard as to why the Settlement should not be approved as fair, reasonable, and adequate, or 

why a final judgment should or should not be entered dismissing the Litigation with prejudice. 

No attorneys’ fees will be paid by Defendants to an objector’s counsel for any work related to an 

objection to this Settlement. If you choose to object to the settlement, you must on or before 

[Filing Deadline], (1) file with the Clerk of the United States District Court for the Northern 

District of Illinois, and (2) serve upon Christopher Williams, Workers’ Law Office, PC, 401 S. 

LaSalle St., Suite 1400, Chicago, Illinois 60605 (Class Counsel) and William Pokorny, Franczek 

Radelet P.C. 300 South Wacker Drive, Suite 3400, Chicago, Illinois 60606 (counsel for 

Defendants), a written objection including: (a) your full name, address, and, telephone number, 

(b) dates of your employment with Defendants and job title(s) while employed with Defendants 

and (c) a written statement with all grounds for the objection accompanied by any legal basis for 

your objection, (d) copies of papers, briefs, or other documents upon which the objection is 

based, (e) a list of all persons who will be called to testify in support of your objection, and (f) 

your signature, even if you are represented by counsel. Settlement Class Members who do not 

timely make their objections in this manner will be deemed to have waived all objections and 

shall not be heard or have the right to appeal approval of the settlement.

If you file an objection and wish it to be considered, you must also appear at hearing on 

[INSERT DATE], at [INSERT TIME], at the federal courthouse at 219 South Dearborn Street in 

Chicago, Illinois, Courtroom 2214, at which time the presiding judge in this case (Hon. Judge 

Durkin) will consider whether to grant final approval of this settlement. YOU ARE NOT 

REQUIRED TO ATTEND THIS HEARING UNLESS YOU PLAN TO OBJECT TO THE 

SETTLEMENT. Please note that it is not sufficient to simply state that you object. You must 

state reasons why you believe the settlement should not be approved. 

When is the Court hearing to determine if the Settlement is fair? 

The Fairness Hearing will be held before the Honorable Judge Durkin on ______, 2013 at 

______ _.m. in Courtroom 1725 of the United States District Courthouse located at 219 South 

Dearborn Avenue, Chicago, Illinois 60604. The Fairness Hearing may be adjourned from time to 

time as the Court may direct, without further notification. 

If you are a member of the Settlement Class, you will be bound by the proposed Settlement if it 

is approved, unless you opt-out by making a timely opt-out request as described above. 

What rights am I giving up if I participate in the Settlement? 

Persons who do not opt out of the Settlement will release and discharge, on behalf of 

themselves and their heirs, legatees, personal representatives and assigns, CSR and all of its 

parents, divisions, subsidiaries, partnerships, affiliates, and benefit plans and all of their past, 

present, and future trustees, fiduciaries, owners, shareholders, administrators, directors, officers, 

agents, partners, members, principals, employees, insurers and attorneys, and Mario Cairo and all 

of his successors, heirs, and assigns, for all claims, known or unknown, of nonpayment and/or 

underpayment of wages, including minimum and overtime wages, all uncompensated work time 

and prevailing wages, including but not limited to all claims arising under the the Fair Labor 

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Standards Act 29 U.S.C. § 201, et seq., the Illinois Minimum Wage Law 820 ILCS 105/1, et 

seq., the Illinois Wage Payment and Collection Act, 820 ILCS 115/1 et seq., and Illinois 

Prevailing Wage Act 820 ILCS 130/1 et seq. arising on or before [DATE OF PRELIMINARY 

APPROVAL]. 

How are the lawyers for the Settlement Class Paid? 

Subject to Court approval, Class Counsel will receive $90,000.00 of the Settlement 

Amount, for all past and future attorneys’ fees and reasonable costs incurred or that will be 

incurred in this Litigation through final approval of the Settlement as set forth in the Stipulation 

of Settlement. 

What if the court does not approve the settlement?

If the Court does not approve the settlement, the case will proceed as if no settlement has 

been attempted, and there can be no assurance that the class will recover more than is provided 

for in the Settlement, or indeed, anything.

Can I review a copy of the Settlement or other papers that were filed with the Court? 

Yes, for a detailed statement of the matters involved in the Litigation and the proposed 

Settlement, you may review the pleadings and other papers filed in the Litigation, which may be 

inspected at the Office of the Clerk of the United States District Court, 219 S. Dearborn St., 

Chicago, Illinois, 60604, during regular business hours of each court day. In addition, you may 

also contact Class Counsel to review copies of the settlement papers filed with the Court. All 

inquiries by Class Members about the Settlement should be directed to Class Counsel, or 

Defendants’ Counsel. 

PLEASE DO NOT CONTACT THE CLERK OF THE COURT OR THE JUDGE WITH 

INQUIRIES ABOUT THIS SETTLEMENT. 

Dated: _____________________________ BY ORDER OF THE UNITED STATES 

DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

Note: YOUR IMMIGRATION STATUS WILL NOT AFFECT YOUR ELIGIBILITY FOR A MONETARY RECOVERY.

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EXHIBIT E

NAMED PLAINTIFF’S GENERAL RELEASE

_______________, and his/her heirs, executors, administrators, successors, and assigns 

(“Named Plaintiff”), in connection with and as part of the settlement of the matter entitled 

Ignacio Blancas, Pedro Morales, Salvador Quintana, Arturo Avila and Arturo Ortiz on behalf of 

themselves and all other persons similarly situated, known and unknown, v. Cairo & Sons 

Roofing Co. Inc., et al. Case No. 12 C 2636, pending in the United States District Court for the 

Northern District of Illinois (the “Class Action”), agrees that:

1. Consideration. This General Release is provided in consideration for the 

payments to Named Plaintiff specified in the Settlement Agreement approved by the Court and 

executed by the Parties in connection with the Class Action. 

2. No Consideration Absent Execution of this General Release. Named Plaintiff 

understands and agrees that Named Plaintiff would not receive the monies and/or benefits 

specified in paragraph 1 above, except for Named Plaintiff’s execution of this General Release 

and the fulfillment of the promises contained herein. 

3. Revocation. This Release and Waiver of Claims shall be revoked if the Settlement 

Agreement is not finally approved.

4. General Release of All Claims. Named Plaintiff, on behalf of himself/herself and 

his/her heirs, legatees, personal representatives and assigns, hereby releases and discharges the 

Released Parties (as such term is defined in the Settlement Agreement) from any actions, claims, 

charges, demands, liabilities, obligations, fees, debts, dues, interest, liquidated damages, 

penalties, sums of money, accounts, reckonings, bonds, bills, covenants, contracts, controversies, 

judgments, or suits of any kind, whether known or unknown, which Named Plaintiff has, has had 

or may have arising from his/her employment with Defendants, regarding any acts or omissions 

that have occurred from the beginning of time through the Effective Date of the Settlement 

Agreement. Without limiting the generality of the foregoing, this release includes but is not 

limited to: (i) any claims or allegations asserting discriminatory termination, harassment, or 

retaliation; (ii) all claims under the FLSA, 29 U.S.C. § 201, et seq., the IMWL, 820 ILCS 105/1, 

et seq., the IWPCA, 820 ILCS 115/1, et seq., Title VII, 42 U.S.C. §§ 2000e et seq., Section 1981, 

the Illinois Day and Temporary Labor Services Act, 820 ILCS 175/1 et seq., the Americans with 

Disabilities Act of 1990, 42 U.S.C. §§ 12101, et seq., the Family and Medical Leave Act of 

1993, 29 U.S.C. §§ 2601, et seq., the Employee Retirement Income Security Act of 1973 as 

amended, 29 U.S.C. §§ 1001, et seq., the National Labor Relations Act as amended, 29 U.S.C. 

§§ 151, et seq., the Occupational Safety and Health Act of 1970 as amended, 29 U.S.C. §§ 651 et 

seq., and the Illinois Human Rights Act, as amended, 775 ILCS §§ 5/1, et seq.; (iii) any other 

federal, state, county or local statute, ordinance, regulation or order concerning the rights of 

employees; and (iv) all employment-related claims under the common law of any state, whether 

in tort, contract or otherwise. This Release does not apply to claims that may arise against 

Released Parties after the date of execution of this agreement. This Release may be pleaded as a 

full and complete defense to any action, suit or other proceeding that may be instituted or 

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prosecuted with respect to any of the Released Claims. The Defendants affirmatively reserve all 

rights, claims and defenses which may be raised in any subsequent proceeding, including, but not 

limited to, res judicata and claim preclusion.

5. Acknowledgments and Affirmations. Named Plaintiff affirms that Named 

Plaintiff has not filed, caused to be filed, or presently is a party to any claim against Defendants 

except this Class Action.

6. Governing Law and Interpretation. This General Release shall be governed and 

conformed in accordance with the laws of the State of Illinois without regard to its conflict of 

laws provision. Should any provision of this General Release be declared illegal or 

unenforceable by any court of competent jurisdiction and cannot be modified to be enforceable, 

excluding the general release language, such provision will be null and void, leaving the 

remainder of this General Release in full force and effect.

7. Non-admission of Wrongdoing. The Parties agree that neither this General 

Release nor the furnishing of the consideration for this General Release shall be deemed or 

construed at any time for any purpose as an admission by Released Parties of wrongdoing or 

evidence of any liability or unlawful conduct of any kind.

8. Amendment. This General Release may not be modified, altered or changed 

except in writing and signed by both Parties wherein specific reference is made to this General 

Release.

NAMED PLAINTIFF IS ADVISED THAT NAMED PLAINTIFF HAS UP TO TWENTYONE (21) CALENDAR DAYS TO CONSIDER THIS GENERAL RELEASE. NAMED 

PLAINTIFF ALSO IS ADVISED TO CONSULT WITH AN ATTORNEY PRIOR TO 

NAMED PLAINTIFF’S SIGNING OF THIS GENERAL RELEASE.

NAMED PLAINTIFF MAY REVOKE THIS GENERAL RELEASE FOR A PERIOD OF 

SEVEN (7) CALENDAR DAYS FOLLOWING THE DAY NAMED PLAINTIFF SIGNS 

THIS GENERAL RELEASE. ANY REVOCATION WITHIN THIS PERIOD MUST BE 

SUBMITTED, IN WRITING, TO WILLIAM POKORNY AND STATE, “I HEREBY 

REVOKE MY ACCEPTANCE OF THE GENERAL RELEASE.” THE REVOCATION 

MUST BE PERSONALLY DELIVERED TO WILLIAM POKORNY OR HIS 

DESIGNEE, AND POSTMARKED WITHIN SEVEN (7) CALENDAR DAYS AFTER 

NAMED PLAINTIFF SIGNS THIS GENERAL RELEASE. 

NAMED PLAINTIFF AGREES THAT ANY MODIFICATIONS, MATERIAL OR 

OTHERWISE, MADE TO THIS GENERAL RELEASE, DO NOT RESTART OR 

AFFECT IN ANY MANNER THE ORIGINAL UP TO TWENTY-ONE (21) CALENDAR 

DAY CONSIDERATION PERIOD. 

The Parties knowingly and voluntarily sign this General Release as of the date(s) set forth below:

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CAIRO & SONS ROOFING CO. INC. 

__________________________________ By:________________________________ 

 Named Plaintiff

Its:_________________________________

Date:_____________________________ Date:_______________________________

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EXHIBIT F

IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

IGNACIO BLANCAS, PEDRO MORALES, 

SALVADOR QUINTANA, ARTURO 

AVILA, and ARTURO ORTIZ, on behalf of 

themselves and other similarly situated 

persons, 

Plaintiffs,

 v.

CAIRO & SONS ROOFING CO, INC., and 

MARIO CAIRO

Defendants.

Case No. 12 C 2636

Judge Durkin

ORDER PRELIMINARILY APPROVING STIPULATION OF SETTLEMENT AND 

APPROVING CLASS CERTIFICATION, FORM AND MANNER OF CLASS NOTICE 

AND SETTING A HEARING FOR FINAL APPROVAL OF SETTLEMENT

Plaintiffs and Defendants Cairo & Sons Roofing Co. Inc., and Mario Cairo (hereafter 

collectively referred to as “Defendants”) (collectively, the “Parties”), having reached a 

settlement in this matter on a class-wide basis, the Court having reviewed the Stipulation of 

Settlement (“Settlement Agreement”) and the record in this Litigation, including the Plaintiffs’ 

Unopposed Motion for Preliminary Approval of the Parties’ Stipulation of Settlement and for 

Approval of Class Certification, Form and Manner of Class Notice and Scheduling Hearing for 

Final Approval of Settlement,

IT IS HEREBY ORDERED AS FOLLOWS:

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1. The Court hereby preliminarily approves the Settlement Agreement and the 

Settlement set forth therein as being fair, reasonable, and adequate. The Settlement Agreement is

the result of arm’s-length negotiations between experienced attorneys who are familiar with class 

action litigation in general and with the legal and factual issues of this case in particular.

2. The Court has jurisdiction over the subject matter of this lawsuit and the Parties, 

including the members of the Settlement Class, as defined below.

3. The Court finds that the prerequisites to a class action under Rule 23 of the 

Federal Rules of Civil Procedure have been met. Furthermore, the Court finds that this matter 

has met the prerequisites for being certified as a collective action under the Fair Labor Standards 

Act (“FLSA”). The case is hereby certified, for purposes of settlement only, as a class action 

under Federal Rule of Civil Procedure 23(b)(3) and as a collective action under the FLSA. The 

Court hereby certifies the following class: 

All individuals who were employed by Defendants between April 10, 2009 and 

April 10, 2012 in any hourly position, excluding office positions, but who were 

allegedly not paid overtime wages for all time worked in excess of forty (40) 

hours in individual work weeks and/or who were allegedly not compensated for 

all time worked in individual work weeks and who were identified as Class 

Members by Defendants.

4. The Court appoints Plaintiffs Ignacio Blancas, Pedro Morales, Salvador Quintana 

Arturo Avila and Arturo Ortiz, as Class Representatives and Christopher J. Williams and Alvar 

Ayala as Class Counsel. The Court finds that the Class Representatives and Class Counsel have 

provided adequate representation to the Settlement Classes.

5. The Court further approves of the Parties’ proposed Notice of Class 

Action/Collective Action, Proposed Settlement and Hearing, and the manner in which notices 

will be given as provided in the Settlement Agreement. 

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6. The following schedule shall govern the issuance of notice, final court approval 

and distribution of settlement funds:

a. Within 21 days after the date of this Order, Class Counsel shall mail notice of the 

proposed settlement and a claim form to Class Members;

b. If any of the notices to class members are returned as undeliverable within 30 

days after the first mailing, Class Counsel will promptly conduct a second mailing 

as provided in Section 9.1.5 of the Settlement Agreement. 

c. Class Members will have until 60 days after the deadline for the first mailing (81 

days after the date of this Order) to return their claim forms or to opt out utilizing 

the procedure stated in the proposed class notice.

d. Within twenty-one (21) days of the Filing Deadline, the Parties will submit to the 

Court any necessary documents for the Court’s consideration of Final Approval of 

the Settlement Agreement, including any Motions, final calculations of settlement 

payments to the Class Members, and responses to any objections and/or

comments.

e. The Fairness Hearing is hereby scheduled to be held before the Court on ______, 

2013 at ______ __.m. in Courtroom 2214.

7. Pending final approval of the Settlement Agreement, the prosecution and defense 

of the case is hereby stayed; the Class Representatives, all members of the Settlement Classes, 

and each of them, and anyone who acts or purports to act on their behalf, shall not threaten, 

institute, commence or prosecute any action that seeks to assert claims against any Released 

Party related to the subject matter of this lawsuit.

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8. The Court reserves exclusive and continuing jurisdiction over this Litigation, the 

Class Representatives, the Settlement Class, and the Released Parties for the purposes of: (1) 

supervising the implementation, enforcement, construction, and interpretation of this Order and 

the Settlement Agreement upon the entry of a Final Order by this Court granting final approval 

of the Settlement Agreement and dismissing this Litigation with prejudice, or in the event of an 

appeal of such Final Order, the final resolution of the appeal upholding the Final Order; (2) 

supervising the distribution of the Settlement Fund; and (3) resolving any disputes or issues that 

may arise in connection with this Litigation or the Settlement of this Litigation.

It is so ordered.

DATE: ___________________________ __________________________________________

Hon. Thomas M. Durkin

United States District Judge 

United States District Court for the 

Northern District of Illinois

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