. 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

Southern Division 

BLEACHTECH LLC, individually and 

on behalf of all others similarly 

situated, 

Plaintiff 

v. 

UNITED PARCEL SERVICE, INC., an 

Ohio Corporation, 

Defendant. 

Case No. 14-12719 DPH-RSW 

Honorable Denise Page Hood 

ORDER GRANTING PRELIMINARY 

APPROVAL OF CONDITIONAL CLASS ACTION SETTLEMENT 

AND DIRECTING CLASS NOTICE 

WHEREAS, Plaintiff, BleachTech LLC, and Defendant, United Parcel 

Service, Inc., an Ohio Corporation (the “Parties”) have entered into an Amended 

Class Action Settlement Agreement (“Settlement Agreement”) subject to the 

Court’s final approval; 

 WHEREAS, Plaintiff has moved pursuant to Rule 23(e), without 

Defendant’s opposition, for preliminary approval of the settlement on a classwide 

basis under Federal Rules of Civil Procedure 23(b)(2) and 23(b)(3), conditioned 

upon the Court’s final approval; 

WHEREAS, it appears to the Court that the settlement described in the 

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Settlement Agreement was the result of extensive arms’-length settlement 

negotiations between the Parties with a neutral mediator; 

 WHEREAS, Plaintiff asks the Court to conditionally certify the Class as 

defined below for settlement purposes, appoint it as class representative, and 

appoint class counsel; and 

 WHEREAS, Plaintiff asks this Court to appoint Epiq Class Action & Claims 

Solutions, Inc. as Settlement Administrator to authorize class notice as detailed in 

the moving papers, set a Final Approval Hearing date, and authorize the Parties 

and Epiq Class Action & Claims Solutions, Inc. to take steps to implement the 

settlement subject to final approval and certification of a settlement class; 

 NOW THEREFORE, the Court hereby orders as follows: 

1. Plaintiff’s motion for preliminary approval is granted. The Court 

finds, based on the parties’ submissions, that the Court will likely be able to: 

(i) approve the proposal under Rule 23(e)(2); and (ii) certify the Class for purposes 

of judgment on the proposal. 

2. The Court hereby directs the Parties and the Settlement Administrator 

to notify the Class of the proposed settlement pursuant to the notice plan set forth 

in the Settlement Agreement, as highlighted below. 

3. Final Approval Hearing. The Final Approval Hearing will be held 

before this Court, in Courtroom 218, at the United States District Court of the 

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Eastern District of Michigan, 231 W. Lafayette Blvd., Detroit, Michigan at 10:00 

a.m. on June 28, 2022, or such other place, time, and date set by the Court. 

4. Unless otherwise provided herein, the terms defined in the Settlement 

Agreement shall have the same meanings in this Order. 

5. Class. For settlement purposes only and contingent upon Final 

Approval by this Court, the Court provisionally certifies the following class: 

Except as excluded below, all persons or entities who, from January 1, 

2011, through December 29, 2013 (the “Class Period”), tendered to 

UPS (or paying party if the package was billed to a different account 

than the shipper) one or more U.S. origin packages under contract 

with UPS with a declared value in excess of $300 charged pursuant to 

UPS’s published non-Retail rates or in excess of $200 charged 

pursuant to UPS’s published Retail rates. 

Specifically excluded from the scope of the Class are any packages with a 

declaration of value that was later voided, any packages shipped under an 

account of a The UPS Store location, and any packages shipped through any 

other Third-Party Retailer (as defined by the July 8, 2013, UPS Tariff/Terms 

and Conditions of Service—United States, attached as Exhibit A to 

Plaintiff’s Amended Complaint) to the extent the claim is asserted by a 

customer of such Third-Party Retailer, which packages will not be deemed 

Covered Packages. Also excluded is any entity in which Defendant has or 

had a controlling interest or that has a controlling interest in Defendant and 

all The UPS Store locations, and all other authorized UPS shipping agents 

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and partners, including authorized outlets, to the extent packages were not 

shipped pursuant to a contract with UPS during the Class Period to purchase 

declared value coverage at the rates set forth in the pricing tables published 

in the applicable UPS Service Guide. Also excluded are UPS’s legal 

representatives, assigns, and successors; the Court and any member of its 

staff; and any Putative Class Member who timely submitted a valid Request 

for Exclusion or was found by the Court to have adequately opted out of the 

Class. 

6. Appointments. The Court appoints BleachTech LLC provisionally as 

Class Representative. The Court appoints Andrew J. McGuinness, Daniel R. 

Karon, and Sanford P. Dumain as interim Class Counsel pursuant to Rule 23(g)(3). 

7. Notice. The Court approves Epiq Class Action & Claims Solutions, 

Inc. to serve as Settlement Administrator. Under Class Counsel’s direction and in 

accordance with the Court’s order, the Settlement Administrator will provide 

Notice as provided in the Settlement Agreement, respond to inquiries from 

potential Class Members, and receive Requests for Exclusion. Defendant will pay 

for fifty percent of the Settlement Administrator’s reasonable services and 

expenses in connection with administering the settlement. The remaining fifty 

percent shall be paid from the Settlement Common Fund, subject to review by 

Class Counsel. 

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8. The Settlement Administrator shall disseminate Notice to the potential 

Class Members by the following means: 

a. For all Class Members for whom Defendant has supplied an 

email address, the Settlement Administrator shall send via 

email a Short Form Notice by May 11, 2022 (the “Notice 

Date”). 

b. The email Short Form Notice shall direct Class Members to the 

Settlement Website, www.UPSdeclaredvaluesettlement.com

where the full Long Form Notice, including opt out instructions 

and electronic Request for Exclusion Form, is available. 

c. For Class Members without an email address on file with 

Defendant or whose Short Form Notice sent via email is 

returned as undeliverable, the Settlement Administrator will 

send via United States Mail, First Class postage prepaid, a copy 

of the Postcard Notice by the Notice Date. 

d. The Postcard Notice shall direct Class Members to the 

Settlement Website where the full Long Form Notice, including 

opt out instructions and electronic Request for Exclusion Form, 

is available. 

e. The Postcard Notice shall be sent to the last addresses provided 

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to the Settlement Administrator by UPS. 

f. For Class Members whose Postcard Notices are returned as 

undeliverable, the Settlement Administrator shall use 

commercially reasonable efforts to locate forwarding or 

updated addresses and resend the Postcard Notice to such 

updated addresses. 

g. No later than the Notice Date, the Settlement Administrator 

shall implement an Internet publication notice program through 

the Google Display Network for 30 days duration targeting at 

least 14 million impressions. The Publication Notice shall use 

banner advertisements substantially in the form of Exhibit D to 

the Settlement Agreement. 

h. Defendant is responsible for notifying the appropriate federal 

and state officials of this Settlement Agreement as required by 

the Class Action Fairness Act of 2005, 28 U.S.C. § 1715. 

i. No fewer than 15 days before the Final Approval Hearing, the 

Settlement Administrator shall provide the following 

information to counsel for the Parties: 

i. The number of email Short Form Notices sent to 

Putative Class Members; 

ii. The number of Postcard Notices sent to Putative Class 

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Members; 

iii. The approximate number of visits to the Settlement 

Website from the date of this Order’s entry; 

iv. Any information about objections to the settlement 

that the Settlement Administrator has not previously 

forwarded; 

v. Any other tracking information reasonably requested 

by either Party’s counsel; and 

vi. A report stating the number of Putative Class 

Members who have submitted timely and valid 

Requests for Exclusion, including a listing of the 

names and addresses of such Opt Outs, and reporting 

the number of claim points allocated to the Putative 

Class Members who have submitted timely and valid 

Requests for Exclusion divided by the total claim 

points available to the Settlement Class, as calculated 

by the Settlement Administrator (the “Exclusion 

Percentage”). 

j. Class Counsel shall file the list of Opt-Outs not less than seven 

(7) days before the Final Approval Hearing. Class Counsel’s 

submission shall differentiate between valid Opt-Outs and 

invalid Opt-Outs as determined by the Settlement 

Administrator. 

9. The Court finds that the dissemination of Notice in the manner 

described above constitutes reasonable notice and the best notice practicable under 

the circumstances, including individual notice to all members who can be 

identified through reasonable effort, and is consistent with Federal Rule of Civil 

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Procedure 23 and the Due Process Clause of the United States Constitution. 

10. Opting Out. Putative Class Members who wish to exclude themselves 

from the Class, the Settlement, its benefits, and the release of claims pursuant to 

the Settlement must submit a Request for Exclusion. To be effective, the Request 

for Exclusion must be valid and timely. 

11. To be valid, a Request for Exclusion must: 

a. identify the full name and address of the Putative Class 

Member requesting exclusion; 

b. be dated and personally signed (original or electronic signatures 

accepted) by the Putative Class Member, responsible individual 

requesting exclusion, or person documented to be acting under 

valid power of attorney, guardianship, or other legal authority 

to sign on behalf of the Putative Class member or his or her 

estate; 

c. contain a statement that reasonably indicates a desire to be 

excluded from the settlement. The following statement meets 

this requirement: “I want to opt out of the Settlement Class 

certified in the Bleachtech v. UPS case”; and 

d. provide the unique I.D. number contained in the Settlement 

Administrator’s email or postcard sent or the Putative Class 

Member’s UPS account number(s). 

12. To be timely, the Requests for Exclusion must be emailed or 

postmarked no later than 30 days before the Final Approval Hearing (the “opt-out 

deadline”). If the opt-out deadline falls on a Sunday or federal holiday, the 

deadline is the next day that is not a Sunday or federal holiday. 

13. Requests for Exclusion that do not meet these requirements will not 

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exclude a Putative Class Member from the Settlement. Mass or class opt-outs are 

not allowed. 

14. The Short Form, Postcard, and Long Form Notices shall state the optout deadline. Request for Exclusion Forms shall be available for download from 

the Settlement Website and available by the Settlement Administrator through First 

Class Mail. A Class Member who submits a valid and timely Request for 

Exclusion is not eligible to receive any Settlement Benefit. 

15. The Settlement Administrator shall log all Requests for Exclusion and 

shall forward the log to counsel for the Parties by 15 business days after the opt-out 

deadline. 

16. By seven business days after the opt-out deadline, counsel for the 

Parties shall forward to the Settlement Administrator any Requests for Exclusion 

they have received. 

17. Objections. Class Members who do not request exclusion from the 

Class may object to the Settlement. Class Members who object must file with the 

Court written notices of their intent to object and must serve copies of their 

objection on counsel for the Parties as set forth below. 

18. Any Class Member who submits a valid objection may appear at the 

Final Approval Hearing in person, by video or audio feed if the Court orders, or by 

counsel and may be heard to the extent permitted under applicable law and allowed 

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by the Court concerning the fairness, reasonableness, and adequacy of the 

settlement and Class Counsel’s application for Service Award, attorneys’ fees, and 

reimbursement of costs and expenses. 

19. Class Members must individually exercise their right to object to the 

settlement and, except in the case of a deceased or incapacitated Class Member or 

where a Class Member is represented by counsel, not by another Person acting or 

purporting to act in a representative capacity. 

20. To be considered valid, an objection must: 

a. identify the case name and number “BleachTech v. UPS, Case 

No. 2:14-cv-12719”; 

b. be filed with the Court no fewer than 30 days before the Final 

Approval Hearing; 

c. be postmarked and mailed to counsel for the Parties at the 

addresses listed in the Long Form Notice no fewer than 30 days 

before the Final Approval Hearing (unless the Class Member 

filed an objection via the Court’s ECF system such that copies 

are transmitted electronically to counsel for the Parties); 

d. set forth the full name, current address, telephone number, and 

unique I.D. number of the objecting Class Member assigned by 

the Settlement Administrator; 

e. set forth a statement of the position the Class Member wishes to 

assert, including the factual and legal grounds for the position; 

f. state whether the Class Member intends to appear and requests 

to be heard in person or through counsel at the Final Approval 

Hearing and state the names of any witnesses the Class Member 

might call in connection with the Objection and summarize 

these witnesses’ testimony; 

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g. provide copies to counsel for the Parties of all documents the 

Class Member wishes to submit in support of their position; 

h. provide the names, addresses, and phone numbers of any 

attorneys representing the Class Member; 

i. identify by case name, case number, and court all class action 

settlements objected to by the Class Member and their counsel 

in the last three years; and 

j. include the Class Member’s signature. 

17. If a Class Member, their counsel, or any person with whom they are 

working in bringing the objection has objected to a class action settlement on more 

than three occasions, the Class Member shall: 

a. list all cases in which such objections were filed, including by 

whom; 

b. state the outcome of the objection; 

c. state the amount of money, if any, paid in connection with the 

objection to the objector, their counsel, or anyone else, and state 

by whom such payment was made and whether it was disclosed 

to the court overseeing the proposed settlement. 

18. Only objections fulfilling the foregoing requirements will be deemed 

adequate. 

19. Any Class Member who does not file a timely and adequate notice of 

intent to object in accordance with the foregoing requirements waives the right to 

object or to be heard at the Final Approval Hearing and shall be forever barred 

from making any objection to the settlement. 

20. To the extent any Class Member objects to the settlement and their 

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objection is overruled in whole or in part, the Class Member will be forever bound 

by the Judgment of the Court. 

21. Counsel for the Parties may seek expedited leave from the Court to 

depose any objector before the scheduled Final Approval Hearing if an objector 

does not agree to an expedited deposition. Counsel for the Parties may also request 

expedited production before the deposition of any nonprivileged materials relevant 

to the objection and proportionate to the needs of this case. 

21. Final Approval. Class Counsel shall submit a motion for final 

approval of the settlement by the Court, as well as a motion for attorneys’ fees, 

expenses, and Service Award and any supporting memoranda, declarations, or 

other statements and materials, no later forty-five (45) days before the Final 

Approval Hearing. The Parties may submit supplemental memoranda in support of 

the motions for final settlement approval and attorneys’ fees, expenses, and Service 

Awards no fewer than seven (7) days before the Final Approval Hearing. 

22. The Notice to the Class shall contain a date, time, and location of the 

Final Approval Hearing, subject to later change by the Court. A Final Approval 

Hearing will occur seventy-five (75) days from the date the Court enters its order 

granting preliminary approval of the Settlement Agreement but not less than 100 

days after Class Counsel files the Motion for Preliminary Approval of the 

settlement. 

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23. At the Final Approval Hearing the Court will consider: 

a. the fairness, reasonableness, and adequacy of the settlement and 

whether to approve it; 

b. whether to grant the Injunctive Relief set forth in the Settlement 

Agreement; 

c. whether to retain jurisdiction to enforce the Settlement and to 

dismiss the action with prejudice; and 

d. whether to grant Class Counsel’s application for attorneys’ fees, 

expenses, and Service Awards for the Class Representative. 

24. In the event the Settlement Agreement is terminated in accordance 

with its provisions, the settlement shall be null and void, except insofar as 

expressly provided in the Settlement Agreement, and without prejudice to the 

status quo ante rights of the Parties. 

25. Summary of Dates. The following chart contains a summary of Dates 

and Deadlines: 

Event Date 

Defendant causes to be provided to the 

Settlement Administrator an Excel 

spreadsheet of the names and last 

known email addresses and mailing 

addresses of Putative Class Members 

(“Class Member List”)1

10 days after the date of this Order. 

1

 The Settlement Administrator shall maintain the confidentiality of the Class 

Member List, Class Member account data, or other Class Member information and 

shall use the information contained in the Class Member List and other Class 

Member information solely for purposes of implementing this Settlement or as 

directed by the Court. 

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Event Date 

Deadline for Defendants to fund 

$700,000 of the Settlement Common 

Fund. 

15 Days after the date of this Order. 

Deadline to disseminate Notice to the 

Class (“Notice Date”) 

30 days after the date of this Order. 

Plaintiff to File Motion for Final 

Approval and Fee and Cost Application 

At least 45 days before the Final 

Approval Hearing.

Last day for objections to settlement or 

opposition to Motion for Final 

Approval and/or Application for Fees, 

Costs, and Service Award

30 days before the Final Approval 

Hearing

Last day for potential Class Members to 

file Requests for Exclusion 

30 days before the Final Approval 

Hearing. 

Counsel for the Parties to forward to the 

Settlement Administrator copies of any 

Requests for Exclusion received by 

them 

Seven business days after the Opt-Out 

deadline. 

Settlement Administrator to log each 

Request for Exclusion received and 

forward copies of the log and all 

Requests for Exclusion counsel for the 

Parties. 

15 business days after the Opt-Out 

deadline. 

Settlement Administrator to provide 

counsel for the Parties: (1) number of 

email Short Form Notices it sent to 

Putative Class Members; (2) number of 

Postcard Notices it sent to Putative 

Class Members; (3) approximate 

number of visits to the Settlement 

Website from the date of this Order’s 

entry; (4) any information about 

objections to the settlement that it has 

not previously forwarded; (5) any other 

tracking information reasonably 

requested by either Party’s counsel; (6) 

a report stating the number of Putative 

Class Members who have submitted 

timely and valid Requests for 

15 Days before the Final Approval 

Hearing. 

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Event Date 

Exclusion, including a listing of the 

names and addresses of such Opt-Outs, 

and reporting the number of claim 

points allocated to the Putative Class 

Members who have submitted timely 

and valid Requests for Exclusion 

divided by the total claim points 

available to the Settlement Class, as 

calculated by the Settlement 

Administrator (the “Exclusion 

Percentage”). 

Last day for the Parties to file 

supplemental papers in support of 

Motion for Final Approval and/or Fee 

Cost and Service Award Applications 

Seven Days before the Final Approval 

Hearing. 

Deadline for Class Counsel to file 

report regarding Requests for Exclusion 

Seven Days before the Final Approval 

Hearing. 

Final Approval Hearing June 28, 2022 (75 days from the date 

of this Order but not less than 100 days 

following the filing of Plaintiff’s 

Preliminary Approval Motion). 

Defendant to cause the amount 

approved by the Court for attorneys’ 

fees and expenses and the Service 

Award to be paid into the Qualified 

Settlement Fund. 

10 Days of the Effective Date, 

“Effective Date” defined as the later of: 

(i) 37 Days after the entry of the 

judgment or entry of the Court’s order 

on attorneys’ fees and costs, whichever 

occurs later, where the time for appeal 

has expired and no appeal has been 

filed; or 

(ii) if any appeal, petition for rehearing, 

motion to reconsider, or other review of 

the judgment has been filed or sought, 

37 Days after the judgment is affirmed 

without substantial or material change 

or the appeal is dismissed or otherwise 

disposed of (unless any substantial or 

material change is accepted by the 

Parties), and no other appeal, petition 

for rehearing, or other review is 

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Event Date 

pending, and the time for further 

appeals, petitions, requests for 

rehearing, or other review has expired; 

or 

(iii) if any appeal, petition for 

rehearing, motion to reconsider, or 

other review of the Court’s order on 

attorneys’ fees and costs has been filed 

or sought, 37 Days after the Court’s 

order on attorneys’ fees and costs is 

resolved, or the appeal is resolved, 

dismissed or otherwise disposed of and 

no other appeal, petition for rehearing 

or other review is pending, and the time 

for further appeals, petitions, requests 

for rehearing or other review has 

expired. 

Settlement Administrator to divide the 

Net Settlement Fund by the total 

number of claim points calculated under 

Sections 3.2.1 and 3.2.2 of the 

Settlement Agreement to determine the 

value of one claim point (“Claim Point 

Value”). 

10 Days of the Effective Date. 

Settlement Administrator to withdraw 

50 percent of its Notice and 

Administration Expenses from the 

Settlement Common Fund. 

20 Days of the Effective Date. 

Deadline for Settlement Administrator 

to pay Class Counsel Court-approved 

fees, expenses, and Service Award out 

of the Settlement Common Fund. 

20 Days of the Effective Date. 

Defendant to cause the estimated 

remainder of the Cash Payment to be 

paid into the Qualified Settlement 

Fund—$4,850,000 less amounts 

previously paid to the Qualified 

Settlement Fund and less estimated 

Total Account Credits. 

30 days of the Effective Date. 

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Event Date 

Deadline for Defendant to issue account 

credits. 

45 Days after the Effective Date. 

Deadline for Defendant to document by 

amount and Class Member each 

account credit issued and certify under 

oath or declaration subject to penalty of 

perjury the total amount of such credits. 

10 days after Defendant issues Class 

Members’ credits. 

Deadline for Settlement Administrator 

to mail checks. 

60 Days after the Effective Date or 

receipt of the mailing addresses from 

Defendant, whichever comes later. 

Class Counsel to take steps necessary to 

destroy or erase all documents and data 

provided by Defendant. 

Within 60 Days after the Effective 

Date. 

Donation of Unused Class Funds (i.e., 

uncashed checks) to the National 

Consumer Law Center, a § 501(c)(3) 

non-profit public interest law firm 

engaged in the education, training, and 

promotion of consumer protection law, 

as cy pres award, or such other suitable 

non-profit organization as 

recommended by Class Counsel and 

approved by the Court. 

90 days after checks are mailed. 

Injunction expires August 20, 2024 (Three years after 

signing of the Settlement Agreement) 

IT IS SO ORDERED. 

DATED: April 10, 2022 s/Denise Page Hood 

 Hon. Denise Page Hood 

 United States District Judge 

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