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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.

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 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 

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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”) 

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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 

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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 

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