Preview
1 Shaun Setareh (SBN 204514)
shaun@setarehlaw.com
2 William M. Pao (SBN 219846)
william@setarehlaw.com
3 Brian P. Louis (SBN 353058)
brian@setarehlaw.com
4 SETAREH LAW GROUP
9665 Wilshire Boulevard, Suite 430
5 Beverly Hills, California 90212
Telephone (310) 888-7771
6 Facsimile (310) 888-0109
7 Attorneys for Plaintiffs
HASIM A. MOHAMMED
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(Additional Counsel listed on next page)
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11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 FOR THE COUNTY OF SAN MATEO
13 COMPLEX CIVIL LITIGATION
14
15 HASIM A. MOHAMMED, on behalf of himself Case No. 21-CIV-05619
and all others similarly situated,
16 Assigned For All Purposes to the Honorable
Plaintiff, Susan L. Greenberg, Department 3
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vs. STIPULATION GRANTING PLAINTIFF
18 LEAVE TO FILE SECOND AMENDED
FEDERAL EXPRESS CORPORATION, a COMPLAINT
19 Delaware corporation; FEDEX
CORPORATION, a Delaware corporation;
20 FEDEX FREIGHT, INC., an Arkansas Complaint Filed: October 18, 2021
corporation; FEDEX CORPORATE Trial Date: None
21 SERVICES, INC., a Delaware corporation;
FEDEX TRADE NETWORKS TRANSPORT
22 & BROKERAGE, INC., a New York
corporation; FEDEX TRADE NETWORKS
23 TRADE SERVICES, LLC, a Delaware limited
liability company; and DOES 1 through 50,
24 inclusive,
25 Defendants.
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JOINT STIPULATION GRANTING PLAINTIFF LEAVE TO FILE SECOND AMENDED COMPLAINT
1 MICHAEL S. FREY (SBN 216100)
michael.frey@fedex.com
2 FEDERAL EXPRESS CORPORATION
2601 Main Street, Suite 340
3 Irvine, California 92614
Telephone: (901) 482-8947
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Attorney for Defendant FEDERAL EXPRESS CORPORATION
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JOINT STIPULATION GRANTING PLAINTIFF LEAVE TO FILE SECOND AMENDED COMPLAINT
1 Plaintiff HASIM A. MOHAMMED and Defendant FEDERAL EXPRESS CORPORATION,
2 hereby enter into the following stipulation:
3 WHEREAS, on October 18, 2021, Plaintiff filed a putative class action complaint against
4 Defendants for violation of the Fair Credit Reporting Act’s standalone disclosure requirement. 15
5 U.S.C. § 1681b(b)(2)(A);
6 WHEREAS, on December 14, 2023, Defendant took Plaintiff’s deposition;
7 WHEREAS, the parties have met and conferred on this matter and agreed that in light of
8 this deposition, Plaintiff shall amend his complaint to dismiss Defendants FEDEX
9 CORPORATION, FEDEX FREIGHT, INC., FEDEX CORPORATE SERVICES, INC., FEDEX
10 TRADE NETWORKS TRANSPORT & BROKERAGE, INC., FEDEX TRADE NETWORKS
11 TRADE SERVICES, LLC (collectively referred to as the “Dismissed Defendants”);
12 WHEREAS, on February 26, 2024, the Court granted Plaintiff’s application to dismiss the
13 Dismissed Defendants;
14 WHEREAS, Defendant FEDERAL EXPRESS CORPORATION (“Defendant”) is the sole
15 remaining defendant in this action;
16 WHEREAS, the remaining parties have also met and conferred regarding Plaintiff’s
17 proposed Second Amended Complaint seeking to add allegations that the disclosure and
18 authorization forms presented to Plaintiff failed to identify Defendant. ;
19 WHEREAS, Defendant asserted its position that Plaintiff is continuing to allege allegations
20 it believes are not supported by the evidence and in no way waives this issue by agreeing to
21 procedurally not oppose amendment;
22 WHEREAS, Plaintiff asserted the best way to address Defendant’s substantive (standing)
23 and procedural (statute of limitations) and other concerns about the continuing and new allegations
24 in the Second Amended Complaint is by way of Motion for Summary Judgment;
25 WHEREAS, Plaintiff agreed to allow additional discovery regarding the Second Amended
26 Complaint, including a second deposition session of Plaintiff;
27 WHEREAS, that parties understand and agree that Defendant is agreeing only to not
28 oppose Plaintiff’s amendment of the operative complaint, and that Defendant's stipulation herein is
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JOINT STIPULATION GRANTING PLAINTIFF LEAVE TO FILE SECOND AMENDED COMPLAINT
1 not, and will not be construed as, either: (i) an admission of any of the substantive or procedural
2 allegations in the Second Amended Complaint, which Defendant maintains its general denial; or
3 (ii) a waiver of any substantive or procedural defense, all of which Defendant preserves.
4 THEREFORE, the parties hereby stipulate that Plaintiff shall file a Second Amended
5 Complaint dismissing Defendants FEDEX CORPORATION, FEDEX FREIGHT, INC., FEDEX
6 CORPORATE SERVICES, INC., FEDEX TRADE NETWORKS TRANSPORT &
7 BROKERAGE, INC., FEDEX TRADE NETWORKS TRADE SERVICES, LLC., and that
8 Defendant FEDERAL EXPRESS CORPORATION shall have until thirty (30) days after being
9 served of such filing to answer, move, or otherwise respond to the Second Amended Complaint.
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11 DATED: March 14, 2024 SETAREH LAW GROUP
12
/s/ William M. Pao
13 SHAUN SETAREH
WILLIAM M. PAO
14 BRIAN LOUIS
Attorneys for Plaintiffs
15 CHRISTIAN MAGADAN
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17 DATED: March 14, 2024 FEDERAL EXPRESS CORPORATION
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/s/ Michael S. Frey
20 MICHAEL S. FREY
Attorney for Defendant
21 FEDERAL EXPRESS CORPORATION
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JOINT STIPULATION GRANTING PLAINTIFF LEAVE TO FILE SECOND AMENDED COMPLAINT
1 [PROPOSED] ORDER
2 On the stipulation of the parties, and good cause appearing therefore, Plaintiff is granted
3 leave to file his Second Amended Complaint. The Second Amended Complaint shall be deemed to
4 be filed on the date of entry of this Order; or Plaintiff shall file his Second Amended Complaint no
5 later than ___________. Defendant FEDERAL EXPRESS CORPORATION shall answer, move,
6 or otherwise respond no later than thirty (30) days after being served with notice of said filing.
7 IT IS SO ORDERED.
8
9 DATED: _______________ ________________________________
HON. SUSAN L. GREENBERG
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JOINT STIPULATION GRANTING PLAINTIFF LEAVE TO FILE SECOND AMENDED COMPLAINT
EXHIBIT A
1 Shaun Setareh (SBN 204514)
shaun@setarehlaw.com
2 William M. Pao (SBN 219846)
william@setarehlaw.com
3 SETAREH LAW GROUP
9665 Wilshire Blvd., Suite 430
4 Beverly Hills, California 90212
Telephone (310) 888-7771
5 Facsimile (310) 888-0109
6 Attorneys for Plaintiff
HASIM A. MOHAMMED
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9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF SAN MATEO
11 COMPLEX CIVIL LITIGATION
12
13 HASIM A. MOHAMMED, on behalf of Case No. 21-CIV-05619
himself and all others similarly situated,
14 Assigned For All Purposes to the Hon.
Plaintiff, Susan L. Greenberg, Department 21
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v. CLASS-ACTION
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FEDERAL EXPRESS CORPORATION, a SECOND AMENDED COMPLAINT
17 Delaware corporation; FEDEX
CORPORATION, a Delaware corporation; Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (Fair
18 FEDEX FREIGHT, INC., an Arkansas Credit Reporting Act)
corporation; FEDEX CORPORATE
19 SERVICES, INC., a Delaware corporation; DEMAND FOR JURY TRIAL
FEDEX TRADE NETWORKS TRANSPORT
20 & BROKERAGE, INC., a New York
corporation; FEDEX TRADE NETWORKS Complaint Filed: October 18, 2021
21 TRADE SERVICES, LLC, a Delaware limited FAC Filed: December 9, 2022
liability company; and DOES 1 through 50, Trial Date: None Set
22 inclusive,
23 Defendants.
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SECOND AMENDED CLASS-ACTION COMPLAINT
1 COMES NOW, Plaintiff HASIM A. MOHAMMED (hereafter “Plaintiff”), on behalf of himself
2 and all others similarly situated, and complains and alleges as follows:
3 INTRODUCTION
4 1. Plaintiff brings this class action against defendant FEDERAL EXPRESS
5 CORPORATION, a Delaware corporation; and DOES 1 through 50 inclusively, for alleged violations
6 of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681 et seq.
7 2. Plaintiff alleges that Defendants routinely acquire consumer reports to conduct
8 background checks on Plaintiff and other prospective, current, and former employees and use
9 information from consumer reports in connection with their hiring process without providing proper
10 disclosures and without obtaining proper authorization in compliance with the law.
11 3. Plaintiff, individually and on behalf of all others similarly situated current, former, and
12 prospective employees, seeks statutory penalties due to Defendants’ systematic and willful violations of
13 the FCRA.
14 JURISDICTION AND VENUE
15 4. This Court has subject matter jurisdiction to hear this case because the penalties sought
16 by Plaintiff from Defendants’ conduct exceeds the minimal jurisdiction of the Superior Court of the
17 State of California.
18 5. Venue is proper in the County of San Mateo pursuant to Code of Civil Procedure §§
19 395(a) and 395.5 in that liability arose this county because at least some of the transactions that are the
20 subject matter of this Complaint occurred therein and/or each defendant is found, maintains offices,
21 transacts business and/or has an agent therein.
22 PARTIES
23 6. Plaintiff is, and at all relevant time alleged in this complaint, a resident of the State of
24 California.
25 7. Defendant FEDERAL EXPRESS CORPORATION is a Delaware corporation and does
26 business in the State of California.
27 8. Plaintiff is ignorant of the true names, capacities, relationships, and extent of
28 participation in the conduct alleged herein of the defendants sued as DOES 1 through 50, inclusive, but
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SECOND AMENDED CLASS-ACTION COMPLAINT
1 is informed and believes and thereon alleges that said defendants are legally responsible for the
2 wrongful conduct alleged herein and therefore sues these defendants by such fictitious names. Plaintiff
3 will amend the Complaint to allege the true names and capacities of the DOE defendants when
4 ascertained.
5 9. Plaintiff is informed and believes and thereon alleges that, at all relevant times herein, all
6 defendants were the agents, employees, servants, masters, or employers of the remaining defendants
7 and, in doing the things hereinafter alleged, were acting within the course and scope of such agency or
8 employment and with the approval and ratification of each of the other defendants.
9 10. Plaintiff alleges that each and every one of the acts and omissions alleged herein were
10 performed by and/or attributable to all defendants, each acting as agents and/or employees and/or under
11 the direction and control of each of the other defendants, and that said acts and failures to act were
12 within the course and scope of said agency, employment, and/or direction and control.
13 CLASS ALLEGATIONS
14 11. This action has been brought and may be maintained as a class action pursuant to Code
15 of Civil Procedure § 382 because there is a well-defined community of interest among many persons
16 who comprise the class defined below.
17 12. Class Definitions: The class is defined as follows:
18 FCRA Class: All of Defendants’ current, former and prospective applicants for
19 employment in the United States who applied for a job with Defendants for whom a
20 background check was performed at any time during the period beginning five years prior
21 to the filing of this action and ending on the date that final judgment is entered in this
22 action.
23 13. Revisions to Proposed Class Definitions: Plaintiff reserves the right to amend or
24 modify the class definitions by further division into subclasses and/or by limitation to particular issues
25 and/or to exclude improper constituents as may subsequently prove necessary.
26 14. Numerosity: The class members are so numerous that the individual joinder of each
27 individual class member is impractical. While Plaintiff does not currently know the exact number of
28 class members, Plaintiff is informed and believes that the actual number exceeds the minimum required
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SECOND AMENDED CLASS-ACTION COMPLAINT
1 for numerosity under federal law.
2 15. Commonality and Predominance: Common questions of law and fact exist as to all
3 class members and predominate over any questions that affect only individual class members. These
4 questions include, but are not limited to:
5 i. Whether Defendants willfully failed to provide the class with clear and conspicuous,
6 stand-alone written disclosures before obtaining a background report in compliance with
7 the statutory mandates;
8 ii. Whether Defendants willfully failed to identify the name, address, telephone number,
9 and/or website of the consumer reporting agency conducting the investigation;
10 iii. Whether Defendants willfully failed to identify the source of the consumer report to be
11 performed; and
12 iv. Whether Defendants willfully failed to comply with the FCRA.
13 16. Typicality: Plaintiff’s claims are typical of the other class members’ claims. Plaintiff is
14 informed and believes and thereon alleges that Defendants have a policy, practice, or a lack of a policy
15 which resulted in Defendants failing to comply with the FCRA as alleged herein.
16 17. Adequacy of Class Representative: Plaintiff is an adequate class representative in that
17 he has no interests that are adverse to, or otherwise in conflict with, the interests of absent class
18 members. Plaintiff is dedicated to vigorously prosecuting this action on behalf of class members.
19 Plaintiff will fairly and adequately represent and protect the interests of class members.
20 18. Adequacy of Class Counsel: Plaintiff’s counsel are adequate class counsel in that they
21 have no known conflicts of interest with Plaintiff or absent class members, are experienced in class
22 action litigation, and are dedicated to vigorously prosecuting this action on behalf of Plaintiff and absent
23 class members.
24 19. Superiority: A class action is vastly superior to other available means for fair and
25 efficient adjudication of class members’ claims and would be beneficial to the parties and the Court.
26 Class-action treatment will allow a number of similarly situated persons to simultaneously and
27 efficiently prosecute their common claims in a single forum without the unnecessary duplication of
28 effort and expense that numerous individual actions would entail. In addition, the monetary amounts due
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SECOND AMENDED CLASS-ACTION COMPLAINT
1 to many individual class members are likely to be relatively small and would thus make it difficult, if
2 not impossible, for individual class members to both seek and obtain relief. Moreover, a class action will
3 serve an important public interest by permitting class members to effectively pursue the recovery of
4 monies owed to them. Further, a class action will prevent the potential for inconsistent or contradictory
5 judgments inherent in individual litigation.
6 GENERAL ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
7 20. When Plaintiff applied for employment with Defendant, Defendant provided a
8 disclosure and authorization form to perform a background investigation.
9 21. The disclosure form presented to Plaintiff expressly stated Plaintiff was receiving the
10 disclosure based on his having applied for employment with one of the following entities: (1) “FedEx
11 Corporation”; (2) “FedEx Services”; (3) “FedEx Express”; (4) “FedEx Freight”; and (5) “FedEx Trade
12 Networks.” Plaintiff did not apply for employment with any of the stated entities, and Defendant–the entity
13 Plaintiff applied to and his eventual employer–is not listed as one of the entities on the disclosure form.
14 22. The authorization form presented to Plaintiff expressly stated Plaintiff was receiving the
15 authorization based on his having applied for employment with one of the following entities: (1) “FedEx
16 Corporation”; (2) “FedEx Services”; (3) “FedEx Express”; (4) “FedEx Freight”; and (5) “FedEx Trade
17 Networks.” Plaintiff did not apply for employment with any of the stated entities, and Defendant–the
18 entity Plaintiff applied to and his eventual employer–is not listed as one of the entities on the
19 authorization form.
20 23. Furthermore, the disclosures provided by Defendants contained extraneous and
21 superfluous language that does not consist solely of the disclosure as required by the FCRA and/or is not
22 clear and conspicuous.
23 24. As a result of the inclusion of this extraneous and superfluous language in the
24 disclosures, Plaintiff was confused and would not have otherwise authorized Defendants to obtain a
25 background check on him had he understood it.
26 25. In violation of Section 1681b(b)(2)(A) of the FCRA, the following provisions of
27 Defendant’s disclosure documents contain extraneous information that violates the “solely” requirement
28 of the FCRA as well as language that is not clear and conspicuous, including but not limited to:
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SECOND AMENDED CLASS-ACTION COMPLAINT
1 i. Defendant’s disclosure contains language that the applicant has received and read
2 and understood the document.
3 ii. Defendant’s disclosure is part of an employment application and appears alongside
4 multiple other sections of the employment application including, but not limited to
5 “Questions & Answers,” “My Information,” “Education History,” “Work
6 Experience,” “Residency History,” “A Summary of Your Rights Under the Fair
7 Credit Reporting Act,” “Terms and Conditions,” and “Confirmation Page.”
8 iii. Defendants’ disclosure identifies five separate entities which could be performing
9 the background check on Plaintiff, none of which appeared to be his actual
10 employer.
11 iv. Defendant’s disclosure combines the FCRA with separate state laws by stating “in
12 accordance with the FCRA and applicable state law, the Company may obtain
13 background information about you from at least one consumer reporting agency.”
14 v. Defendant’s disclosure states that it “may also include information concerning
15 previous record requests and state provided records”, with no explanation as to what
16 that means or includes.
17 vi. Defendant’s disclosure states “If hired or placed into a driving position, the
18 Company will obtain consumer reports containing your driving qualifications and
19 motor vehicle report on an ongoing basis”, despite that Plaintiff was not applying to
20 a driving position.
21 vii. Defendant’s disclosure notes that it does not normally request investigative
22 consumer reports, but that if it does, the applicant is “entitled to a complete and
23 accurate disclosure of the nature and scope of the investigation”, but it is unclear if
24 the applicant still has that entitlement if only a consumer report is run as opposed to
25 an “investigative consumer report.”
26 FIRST CAUSE OF ACTION
27 FAILURE TO MAKE PROPER DISCLOSURE IN VIOLATION OF THE FCRA
28 (15 U.S.C. §§ 1681b(b)(2)(A))
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SECOND AMENDED CLASS-ACTION COMPLAINT
1 (By Plaintiff and the FCRA Class Against All Defendants)
2 26. Plaintiff incorporates all paragraphs of this Complaint as if fully alleged herein.
3 27. Defendant is a “person” as defined by § 1681a(b) of the FCRA.
4 28. Plaintiff and FCRA Class members are “consumers” within the meaning of § 1681a(c)
5 of the FCRA, because they are individuals.
6 29. Section 1681a(d)(1) of the FCRA defines “consumer report” as
7 any written, oral, or other communication of any information by a consumer reporting
agency bearing on a consumer’s credit worthiness, credit standing, credit capacity,
8 character, general reputation, personal characteristics, or mode of living which is used or
expected to be used or collected in whole or in part for the purpose of serving as a factor
9 in establishing the consumer’s eligibility…for employment purposes.
10 As defined, a credit or background report qualifies as a consumer report.
11 30. Section 1681b(b) of the FCRA provides, in relevant part:
12 Conditions for furnishing and using consumer reports for employment purposes
13 (b) Conditions for furnishing and using consumer reports for employment purposes
…[¶]…
14 (2) Disclosure to consumer
(A) In general
15 Except as provided in subparagraph (B), a person may not procure a consumer
report, or cause a consumer report to be procured, for employment purposes with
16 respect to any consumer, unless-
17 (i) a clear and conspicuous disclosure has been made in writing to the
consumer at any time before the report is procured or caused to be
18 procured, in a document that consists solely of the disclosure, that a
consumer report may be obtained for employment purposes; and
19 (ii) the consumer has authorized in writing (which authorization may be
made on the document referred to in clause (i)) the procurement of the
20 report by that person [emphasis added].
21 31. Section 1681b(b)(2)(A)(i) requires that a clear and conspicuous disclosure be made in
22 writing.
23 32. As described above, Plaintiff alleges, on information and belief, that in evaluating him
24 and other class members for employment, Defendant procured or caused to be prepared credit and
25 background reports (i.e., a consumer report and/or investigative consumer report, as defined by 15
26 U.S.C. § 1681a(d)(1)(B) and 15 U.S.C. § 1681a(e)).
27 33. The purported disclosures do not meet the requirements under the law, because they are
28 embedded with extraneous information and are not clear and conspicuous disclosures in a stand-alone
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SECOND AMENDED CLASS-ACTION COMPLAINT
1 document.
2 34. Under the FCRA, it is unlawful to procure or caused to be procured a consumer report or
3 investigative consumer report for employment purposes unless the disclosure is made in a document that
4 consists solely of the disclosure and the consumer has authorized, in writing, the procurement of the
5 report. 15 U.S.C. § 1681b(b)(2)(A)(i)–(ii). The inclusion of extraneous information, therefore, violates §
6 1681b(b)(2)(A) of the FCRA.
7 35. Although the disclosure and the authorization may be combined in a single document,
8 the Federal Trade Commission (“FTC”) has warned that the form should not include any extraneous
9 information nor be part of another document. For example, in response to an inquiry as to whether the
10 disclosure may be set forth within an application for employment or whether it must be included in a
11 separate document, the FTC stated:
12 The disclosure may not be part of an employment application because the language [of 15
U.S.C. § 1681b(b)(2)(A) is] intended to ensure that it appears conspicuously in a
13 document not encumbered by any other information. The reason for requiring that the
disclosure be in a stand-alone document is to prevent consumers from being distracted by
14 other information side-by-side within the disclosure.
15 36. Defendants’ conduct in violation of Section 1681b(b)(2)(A) of the FCRA was and is
16 willful. Defendants acted in deliberate or reckless disregard of their obligations and the rights of
17 applicants and employees, including Plaintiff and class members. Defendants’ willful conduct is
18 reflected by, among other things, the following facts:
19 i. Defendant is a large entity with access to legal advice;
20 ii. Defendant required a purported authorization to perform credit and background checks
21 in the process of employing the class members which, although defective, evidences
22 Defendant’s awareness of and willful failure to follow the governing laws concerning
23 such authorizations; and
24 iii. The plain language of the statute unambiguously indicates that inclusion of extraneous
25 information in a disclosure form violates the disclosure and authorization requirements.
26 37. Accordingly, Defendant willfully violated and continue to violate the FCRA including,
27 but not limited to, § 1681b(b)(2)(A). Defendants’ willful conduct is reflected by, among other things, the
28 facts set forth above.
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SECOND AMENDED CLASS-ACTION COMPLAINT
1 38. Plaintiff, on behalf of himself and all FCRA Class members, seeks remedies pursuant to
2 15 U.S.C. § 1681n, including statutory penalties, punitive damages, attorneys’ fees, and costs.
3 PRAYER FOR RELIEF
4 WHEREFORE, Plaintiff, on behalf of Plaintiff and all others similarly situated, prays for relief
5 and judgment against Defendant as follows:
6 A. An order that the action be certified as a class action;
7 B. An order that Plaintiff be appointed class representative;
8 C. An order that counsel for Plaintiff be appointed class counsel;
9 D. Statutory penalties;
10 E. Punitive damages;
11 F. Injunctive relief;
12 G. Costs of suit;
13 H. Interest;
14 I. Reasonable attorneys’ fees; and
15 J. Such other relief as the Court deems just and proper or as authorized by statute.
16 DEMAND FOR JURY TRIAL
17 Plaintiff, on behalf of Plaintiff and all others similarly situated, hereby demands a jury trial on all
18 issues so triable.
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20 DATED: March 14, 2024 SETAREH LAW GROUP
21
22 /s/ Shaun Setareh
SHAUN SETAREH
23 WILLIAM M. PAO
Attorneys for Plaintiff
24 HASIM A. MOHAMMED
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SECOND AMENDED CLASS-ACTION COMPLAINT
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3 I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action. My business address is 9665 Wilshire Blvd, Suite 430, Beverly
4 Hills, CA 90212.
5
On March 14, 2024, I served the following document described as
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STIPULATION GRANTING PLAINTIFF LEAVE TO FILE SECOND AMENDED
7 COMPLAINT
8 on all interested parties in this action:
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Matthew B. Golper Christopher Ahearn
10 mgolper@brgslaw.com christopher.ahearn@fedex.com
Darla Salter Letiticia Jackson
11 dsalter@brgslaw.com Letiticia.jackson@fedex.com
Amanda Koziol FEDERAL EXPRESS CORPORATION
9665 WILSHIRE BOULEVARD, SUITE 430
SETAREH LAW GROUP
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BEVERLY HILLS, CALIFORNIA 90212
akoziol@brgslaw.com 3620 Hacks Cross Road, Bldg. B-3
13 Jeanette Kerr Memphis, TN 38125
ATTORNEYS AT LAW
JKerr@brgslaw.com Attorneys for Defendant FEDEX
(310) 888-7771
14 BALLARD ROSENBERG GOLPER & CORPORATION and FEDEX
SAVITT, LLP CORPORATE SERVICES, INC.
15 600 Anton Blvd., 11th Floor
Costa Mesa, CA 92626 Keith A. Jacoby
16 Attorney for Defendants FEDEX TRADE Kjacoby@littler.com
17 NETWORKS TRANSPORT & William J. Simmons
BROKERAGE, INC. and FEDEX TRADE wsimmons@littler.com
18 NETWORKS TRADE SERVICES, LLC LITTLER MENDELSON
2049 Century Park East, 5th Floor
19 Michael S. Frey Los Angeles, CA 90067
Michael.frey@fedex.com Attorney for Defendant
20 kelli.pangle@fedex.com FEDEX FREIGHT, INC.
21 FEDERAL EXPRESS CORPORATION
2601 Main Street, Suite 340 Sandra C. Isom
22 Irvine, CA 92614 scisom@fedex.com
Attorney(s) for Defendant FEDERAL FEDEX FREIGHT, INC.
23 EXPRESS CORPORATION Litigation Affairs
8285 Tournament Dr.
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Memphis, TN 38125
25 Attorney for Defendant FEDEX FREIGHT,
INC.
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27 ///
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PROOF OF SERVICE
1 [X] (BY E-MAIL OR ELECTRONIC TRANSMISSION): Based on a court order or
an agreement of the parties to accept service by electronic transmission, I electronically served the
2 document(s) to the persons at the electronic service addresses listed above.
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[X] (STATE): I declare under penalty of perjury under the laws of the State of California
4 that the above is true and correct.
5 Executed on March 14, 2024, at Beverly Hills, California.
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_____________________________________
9 Diana Maytorena
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9665 WILSHIRE BOULEVARD, SUITE 430
SETAREH LAW GROUP
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BEVERLY HILLS, CALIFORNIA 90212
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ATTORNEYS AT LAW
(310) 888-7771
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PROOF OF SERVICE
Preview
1 Shaun Setareh (SBN 204514) shaun@setarehlaw.com 2 William M. Pao (SBN 219846) william@setarehlaw.com 3 Brian P. Louis (SBN 353058) brian@setarehlaw.com 4 SETAREH LAW GROUP 9665 Wilshire Boulevard, Suite 430 5 Beverly Hills, California 90212 Telephone (310) 888-7771 6 Facsimile (310) 888-0109 7 Attorneys for Plaintiffs HASIM A. MOHAMMED 8 (Additional Counsel listed on next page) 9 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN MATEO 13 COMPLEX CIVIL LITIGATION 14 15 HASIM A. MOHAMMED, on behalf of himself Case No. 21-CIV-05619 and all others similarly situated, 16 Assigned For All Purposes to the Honorable Plaintiff, Susan L. Greenberg, Department 3 17 vs. STIPULATION GRANTING PLAINTIFF 18 LEAVE TO FILE SECOND AMENDED FEDERAL EXPRESS CORPORATION, a COMPLAINT 19 Delaware corporation; FEDEX CORPORATION, a Delaware corporation; 20 FEDEX FREIGHT, INC., an Arkansas Complaint Filed: October 18, 2021 corporation; FEDEX CORPORATE Trial Date: None 21 SERVICES, INC., a Delaware corporation; FEDEX TRADE NETWORKS TRANSPORT 22 & BROKERAGE, INC., a New York corporation; FEDEX TRADE NETWORKS 23 TRADE SERVICES, LLC, a Delaware limited liability company; and DOES 1 through 50, 24 inclusive, 25 Defendants. 26 27 28 JOINT STIPULATION GRANTING PLAINTIFF LEAVE TO FILE SECOND AMENDED COMPLAINT 1 MICHAEL S. FREY (SBN 216100) michael.frey@fedex.com 2 FEDERAL EXPRESS CORPORATION 2601 Main Street, Suite 340 3 Irvine, California 92614 Telephone: (901) 482-8947 4 Attorney for Defendant FEDERAL EXPRESS CORPORATION 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION GRANTING PLAINTIFF LEAVE TO FILE SECOND AMENDED COMPLAINT 1 Plaintiff HASIM A. MOHAMMED and Defendant FEDERAL EXPRESS CORPORATION, 2 hereby enter into the following stipulation: 3 WHEREAS, on October 18, 2021, Plaintiff filed a putative class action complaint against 4 Defendants for violation of the Fair Credit Reporting Act’s standalone disclosure requirement. 15 5 U.S.C. § 1681b(b)(2)(A); 6 WHEREAS, on December 14, 2023, Defendant took Plaintiff’s deposition; 7 WHEREAS, the parties have met and conferred on this matter and agreed that in light of 8 this deposition, Plaintiff shall amend his complaint to dismiss Defendants FEDEX 9 CORPORATION, FEDEX FREIGHT, INC., FEDEX CORPORATE SERVICES, INC., FEDEX 10 TRADE NETWORKS TRANSPORT & BROKERAGE, INC., FEDEX TRADE NETWORKS 11 TRADE SERVICES, LLC (collectively referred to as the “Dismissed Defendants”); 12 WHEREAS, on February 26, 2024, the Court granted Plaintiff’s application to dismiss the 13 Dismissed Defendants; 14 WHEREAS, Defendant FEDERAL EXPRESS CORPORATION (“Defendant”) is the sole 15 remaining defendant in this action; 16 WHEREAS, the remaining parties have also met and conferred regarding Plaintiff’s 17 proposed Second Amended Complaint seeking to add allegations that the disclosure and 18 authorization forms presented to Plaintiff failed to identify Defendant. ; 19 WHEREAS, Defendant asserted its position that Plaintiff is continuing to allege allegations 20 it believes are not supported by the evidence and in no way waives this issue by agreeing to 21 procedurally not oppose amendment; 22 WHEREAS, Plaintiff asserted the best way to address Defendant’s substantive (standing) 23 and procedural (statute of limitations) and other concerns about the continuing and new allegations 24 in the Second Amended Complaint is by way of Motion for Summary Judgment; 25 WHEREAS, Plaintiff agreed to allow additional discovery regarding the Second Amended 26 Complaint, including a second deposition session of Plaintiff; 27 WHEREAS, that parties understand and agree that Defendant is agreeing only to not 28 oppose Plaintiff’s amendment of the operative complaint, and that Defendant's stipulation herein is 1 JOINT STIPULATION GRANTING PLAINTIFF LEAVE TO FILE SECOND AMENDED COMPLAINT 1 not, and will not be construed as, either: (i) an admission of any of the substantive or procedural 2 allegations in the Second Amended Complaint, which Defendant maintains its general denial; or 3 (ii) a waiver of any substantive or procedural defense, all of which Defendant preserves. 4 THEREFORE, the parties hereby stipulate that Plaintiff shall file a Second Amended 5 Complaint dismissing Defendants FEDEX CORPORATION, FEDEX FREIGHT, INC., FEDEX 6 CORPORATE SERVICES, INC., FEDEX TRADE NETWORKS TRANSPORT & 7 BROKERAGE, INC., FEDEX TRADE NETWORKS TRADE SERVICES, LLC., and that 8 Defendant FEDERAL EXPRESS CORPORATION shall have until thirty (30) days after being 9 served of such filing to answer, move, or otherwise respond to the Second Amended Complaint. 10 11 DATED: March 14, 2024 SETAREH LAW GROUP 12 /s/ William M. Pao 13 SHAUN SETAREH WILLIAM M. PAO 14 BRIAN LOUIS Attorneys for Plaintiffs 15 CHRISTIAN MAGADAN 16 17 DATED: March 14, 2024 FEDERAL EXPRESS CORPORATION 18 19 /s/ Michael S. Frey 20 MICHAEL S. FREY Attorney for Defendant 21 FEDERAL EXPRESS CORPORATION 22 23 24 25 26 27 28 2 JOINT STIPULATION GRANTING PLAINTIFF LEAVE TO FILE SECOND AMENDED COMPLAINT 1 [PROPOSED] ORDER 2 On the stipulation of the parties, and good cause appearing therefore, Plaintiff is granted 3 leave to file his Second Amended Complaint. The Second Amended Complaint shall be deemed to 4 be filed on the date of entry of this Order; or Plaintiff shall file his Second Amended Complaint no 5 later than ___________. Defendant FEDERAL EXPRESS CORPORATION shall answer, move, 6 or otherwise respond no later than thirty (30) days after being served with notice of said filing. 7 IT IS SO ORDERED. 8 9 DATED: _______________ ________________________________ HON. SUSAN L. GREENBERG 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 JOINT STIPULATION GRANTING PLAINTIFF LEAVE TO FILE SECOND AMENDED COMPLAINT EXHIBIT A 1 Shaun Setareh (SBN 204514) shaun@setarehlaw.com 2 William M. Pao (SBN 219846) william@setarehlaw.com 3 SETAREH LAW GROUP 9665 Wilshire Blvd., Suite 430 4 Beverly Hills, California 90212 Telephone (310) 888-7771 5 Facsimile (310) 888-0109 6 Attorneys for Plaintiff HASIM A. MOHAMMED 7 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SAN MATEO 11 COMPLEX CIVIL LITIGATION 12 13 HASIM A. MOHAMMED, on behalf of Case No. 21-CIV-05619 himself and all others similarly situated, 14 Assigned For All Purposes to the Hon. Plaintiff, Susan L. Greenberg, Department 21 15 v. CLASS-ACTION 16 FEDERAL EXPRESS CORPORATION, a SECOND AMENDED COMPLAINT 17 Delaware corporation; FEDEX CORPORATION, a Delaware corporation; Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (Fair 18 FEDEX FREIGHT, INC., an Arkansas Credit Reporting Act) corporation; FEDEX CORPORATE 19 SERVICES, INC., a Delaware corporation; DEMAND FOR JURY TRIAL FEDEX TRADE NETWORKS TRANSPORT 20 & BROKERAGE, INC., a New York corporation; FEDEX TRADE NETWORKS Complaint Filed: October 18, 2021 21 TRADE SERVICES, LLC, a Delaware limited FAC Filed: December 9, 2022 liability company; and DOES 1 through 50, Trial Date: None Set 22 inclusive, 23 Defendants. 24 25 26 27 28 SECOND AMENDED CLASS-ACTION COMPLAINT 1 COMES NOW, Plaintiff HASIM A. MOHAMMED (hereafter “Plaintiff”), on behalf of himself 2 and all others similarly situated, and complains and alleges as follows: 3 INTRODUCTION 4 1. Plaintiff brings this class action against defendant FEDERAL EXPRESS 5 CORPORATION, a Delaware corporation; and DOES 1 through 50 inclusively, for alleged violations 6 of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681 et seq. 7 2. Plaintiff alleges that Defendants routinely acquire consumer reports to conduct 8 background checks on Plaintiff and other prospective, current, and former employees and use 9 information from consumer reports in connection with their hiring process without providing proper 10 disclosures and without obtaining proper authorization in compliance with the law. 11 3. Plaintiff, individually and on behalf of all others similarly situated current, former, and 12 prospective employees, seeks statutory penalties due to Defendants’ systematic and willful violations of 13 the FCRA. 14 JURISDICTION AND VENUE 15 4. This Court has subject matter jurisdiction to hear this case because the penalties sought 16 by Plaintiff from Defendants’ conduct exceeds the minimal jurisdiction of the Superior Court of the 17 State of California. 18 5. Venue is proper in the County of San Mateo pursuant to Code of Civil Procedure §§ 19 395(a) and 395.5 in that liability arose this county because at least some of the transactions that are the 20 subject matter of this Complaint occurred therein and/or each defendant is found, maintains offices, 21 transacts business and/or has an agent therein. 22 PARTIES 23 6. Plaintiff is, and at all relevant time alleged in this complaint, a resident of the State of 24 California. 25 7. Defendant FEDERAL EXPRESS CORPORATION is a Delaware corporation and does 26 business in the State of California. 27 8. Plaintiff is ignorant of the true names, capacities, relationships, and extent of 28 participation in the conduct alleged herein of the defendants sued as DOES 1 through 50, inclusive, but 1 SECOND AMENDED CLASS-ACTION COMPLAINT 1 is informed and believes and thereon alleges that said defendants are legally responsible for the 2 wrongful conduct alleged herein and therefore sues these defendants by such fictitious names. Plaintiff 3 will amend the Complaint to allege the true names and capacities of the DOE defendants when 4 ascertained. 5 9. Plaintiff is informed and believes and thereon alleges that, at all relevant times herein, all 6 defendants were the agents, employees, servants, masters, or employers of the remaining defendants 7 and, in doing the things hereinafter alleged, were acting within the course and scope of such agency or 8 employment and with the approval and ratification of each of the other defendants. 9 10. Plaintiff alleges that each and every one of the acts and omissions alleged herein were 10 performed by and/or attributable to all defendants, each acting as agents and/or employees and/or under 11 the direction and control of each of the other defendants, and that said acts and failures to act were 12 within the course and scope of said agency, employment, and/or direction and control. 13 CLASS ALLEGATIONS 14 11. This action has been brought and may be maintained as a class action pursuant to Code 15 of Civil Procedure § 382 because there is a well-defined community of interest among many persons 16 who comprise the class defined below. 17 12. Class Definitions: The class is defined as follows: 18 FCRA Class: All of Defendants’ current, former and prospective applicants for 19 employment in the United States who applied for a job with Defendants for whom a 20 background check was performed at any time during the period beginning five years prior 21 to the filing of this action and ending on the date that final judgment is entered in this 22 action. 23 13. Revisions to Proposed Class Definitions: Plaintiff reserves the right to amend or 24 modify the class definitions by further division into subclasses and/or by limitation to particular issues 25 and/or to exclude improper constituents as may subsequently prove necessary. 26 14. Numerosity: The class members are so numerous that the individual joinder of each 27 individual class member is impractical. While Plaintiff does not currently know the exact number of 28 class members, Plaintiff is informed and believes that the actual number exceeds the minimum required 2 SECOND AMENDED CLASS-ACTION COMPLAINT 1 for numerosity under federal law. 2 15. Commonality and Predominance: Common questions of law and fact exist as to all 3 class members and predominate over any questions that affect only individual class members. These 4 questions include, but are not limited to: 5 i. Whether Defendants willfully failed to provide the class with clear and conspicuous, 6 stand-alone written disclosures before obtaining a background report in compliance with 7 the statutory mandates; 8 ii. Whether Defendants willfully failed to identify the name, address, telephone number, 9 and/or website of the consumer reporting agency conducting the investigation; 10 iii. Whether Defendants willfully failed to identify the source of the consumer report to be 11 performed; and 12 iv. Whether Defendants willfully failed to comply with the FCRA. 13 16. Typicality: Plaintiff’s claims are typical of the other class members’ claims. Plaintiff is 14 informed and believes and thereon alleges that Defendants have a policy, practice, or a lack of a policy 15 which resulted in Defendants failing to comply with the FCRA as alleged herein. 16 17. Adequacy of Class Representative: Plaintiff is an adequate class representative in that 17 he has no interests that are adverse to, or otherwise in conflict with, the interests of absent class 18 members. Plaintiff is dedicated to vigorously prosecuting this action on behalf of class members. 19 Plaintiff will fairly and adequately represent and protect the interests of class members. 20 18. Adequacy of Class Counsel: Plaintiff’s counsel are adequate class counsel in that they 21 have no known conflicts of interest with Plaintiff or absent class members, are experienced in class 22 action litigation, and are dedicated to vigorously prosecuting this action on behalf of Plaintiff and absent 23 class members. 24 19. Superiority: A class action is vastly superior to other available means for fair and 25 efficient adjudication of class members’ claims and would be beneficial to the parties and the Court. 26 Class-action treatment will allow a number of similarly situated persons to simultaneously and 27 efficiently prosecute their common claims in a single forum without the unnecessary duplication of 28 effort and expense that numerous individual actions would entail. In addition, the monetary amounts due 3 SECOND AMENDED CLASS-ACTION COMPLAINT 1 to many individual class members are likely to be relatively small and would thus make it difficult, if 2 not impossible, for individual class members to both seek and obtain relief. Moreover, a class action will 3 serve an important public interest by permitting class members to effectively pursue the recovery of 4 monies owed to them. Further, a class action will prevent the potential for inconsistent or contradictory 5 judgments inherent in individual litigation. 6 GENERAL ALLEGATIONS COMMON TO ALL CAUSES OF ACTION 7 20. When Plaintiff applied for employment with Defendant, Defendant provided a 8 disclosure and authorization form to perform a background investigation. 9 21. The disclosure form presented to Plaintiff expressly stated Plaintiff was receiving the 10 disclosure based on his having applied for employment with one of the following entities: (1) “FedEx 11 Corporation”; (2) “FedEx Services”; (3) “FedEx Express”; (4) “FedEx Freight”; and (5) “FedEx Trade 12 Networks.” Plaintiff did not apply for employment with any of the stated entities, and Defendant–the entity 13 Plaintiff applied to and his eventual employer–is not listed as one of the entities on the disclosure form. 14 22. The authorization form presented to Plaintiff expressly stated Plaintiff was receiving the 15 authorization based on his having applied for employment with one of the following entities: (1) “FedEx 16 Corporation”; (2) “FedEx Services”; (3) “FedEx Express”; (4) “FedEx Freight”; and (5) “FedEx Trade 17 Networks.” Plaintiff did not apply for employment with any of the stated entities, and Defendant–the 18 entity Plaintiff applied to and his eventual employer–is not listed as one of the entities on the 19 authorization form. 20 23. Furthermore, the disclosures provided by Defendants contained extraneous and 21 superfluous language that does not consist solely of the disclosure as required by the FCRA and/or is not 22 clear and conspicuous. 23 24. As a result of the inclusion of this extraneous and superfluous language in the 24 disclosures, Plaintiff was confused and would not have otherwise authorized Defendants to obtain a 25 background check on him had he understood it. 26 25. In violation of Section 1681b(b)(2)(A) of the FCRA, the following provisions of 27 Defendant’s disclosure documents contain extraneous information that violates the “solely” requirement 28 of the FCRA as well as language that is not clear and conspicuous, including but not limited to: 4 SECOND AMENDED CLASS-ACTION COMPLAINT 1 i. Defendant’s disclosure contains language that the applicant has received and read 2 and understood the document. 3 ii. Defendant’s disclosure is part of an employment application and appears alongside 4 multiple other sections of the employment application including, but not limited to 5 “Questions & Answers,” “My Information,” “Education History,” “Work 6 Experience,” “Residency History,” “A Summary of Your Rights Under the Fair 7 Credit Reporting Act,” “Terms and Conditions,” and “Confirmation Page.” 8 iii. Defendants’ disclosure identifies five separate entities which could be performing 9 the background check on Plaintiff, none of which appeared to be his actual 10 employer. 11 iv. Defendant’s disclosure combines the FCRA with separate state laws by stating “in 12 accordance with the FCRA and applicable state law, the Company may obtain 13 background information about you from at least one consumer reporting agency.” 14 v. Defendant’s disclosure states that it “may also include information concerning 15 previous record requests and state provided records”, with no explanation as to what 16 that means or includes. 17 vi. Defendant’s disclosure states “If hired or placed into a driving position, the 18 Company will obtain consumer reports containing your driving qualifications and 19 motor vehicle report on an ongoing basis”, despite that Plaintiff was not applying to 20 a driving position. 21 vii. Defendant’s disclosure notes that it does not normally request investigative 22 consumer reports, but that if it does, the applicant is “entitled to a complete and 23 accurate disclosure of the nature and scope of the investigation”, but it is unclear if 24 the applicant still has that entitlement if only a consumer report is run as opposed to 25 an “investigative consumer report.” 26 FIRST CAUSE OF ACTION 27 FAILURE TO MAKE PROPER DISCLOSURE IN VIOLATION OF THE FCRA 28 (15 U.S.C. §§ 1681b(b)(2)(A)) 5 SECOND AMENDED CLASS-ACTION COMPLAINT 1 (By Plaintiff and the FCRA Class Against All Defendants) 2 26. Plaintiff incorporates all paragraphs of this Complaint as if fully alleged herein. 3 27. Defendant is a “person” as defined by § 1681a(b) of the FCRA. 4 28. Plaintiff and FCRA Class members are “consumers” within the meaning of § 1681a(c) 5 of the FCRA, because they are individuals. 6 29. Section 1681a(d)(1) of the FCRA defines “consumer report” as 7 any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, 8 character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor 9 in establishing the consumer’s eligibility…for employment purposes. 10 As defined, a credit or background report qualifies as a consumer report. 11 30. Section 1681b(b) of the FCRA provides, in relevant part: 12 Conditions for furnishing and using consumer reports for employment purposes 13 (b) Conditions for furnishing and using consumer reports for employment purposes …[¶]… 14 (2) Disclosure to consumer (A) In general 15 Except as provided in subparagraph (B), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with 16 respect to any consumer, unless- 17 (i) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be 18 procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and 19 (ii) the consumer has authorized in writing (which authorization may be made on the document referred to in clause (i)) the procurement of the 20 report by that person [emphasis added]. 21 31. Section 1681b(b)(2)(A)(i) requires that a clear and conspicuous disclosure be made in 22 writing. 23 32. As described above, Plaintiff alleges, on information and belief, that in evaluating him 24 and other class members for employment, Defendant procured or caused to be prepared credit and 25 background reports (i.e., a consumer report and/or investigative consumer report, as defined by 15 26 U.S.C. § 1681a(d)(1)(B) and 15 U.S.C. § 1681a(e)). 27 33. The purported disclosures do not meet the requirements under the law, because they are 28 embedded with extraneous information and are not clear and conspicuous disclosures in a stand-alone 6 SECOND AMENDED CLASS-ACTION COMPLAINT 1 document. 2 34. Under the FCRA, it is unlawful to procure or caused to be procured a consumer report or 3 investigative consumer report for employment purposes unless the disclosure is made in a document that 4 consists solely of the disclosure and the consumer has authorized, in writing, the procurement of the 5 report. 15 U.S.C. § 1681b(b)(2)(A)(i)–(ii). The inclusion of extraneous information, therefore, violates § 6 1681b(b)(2)(A) of the FCRA. 7 35. Although the disclosure and the authorization may be combined in a single document, 8 the Federal Trade Commission (“FTC”) has warned that the form should not include any extraneous 9 information nor be part of another document. For example, in response to an inquiry as to whether the 10 disclosure may be set forth within an application for employment or whether it must be included in a 11 separate document, the FTC stated: 12 The disclosure may not be part of an employment application because the language [of 15 U.S.C. § 1681b(b)(2)(A) is] intended to ensure that it appears conspicuously in a 13 document not encumbered by any other information. The reason for requiring that the disclosure be in a stand-alone document is to prevent consumers from being distracted by 14 other information side-by-side within the disclosure. 15 36. Defendants’ conduct in violation of Section 1681b(b)(2)(A) of the FCRA was and is 16 willful. Defendants acted in deliberate or reckless disregard of their obligations and the rights of 17 applicants and employees, including Plaintiff and class members. Defendants’ willful conduct is 18 reflected by, among other things, the following facts: 19 i. Defendant is a large entity with access to legal advice; 20 ii. Defendant required a purported authorization to perform credit and background checks 21 in the process of employing the class members which, although defective, evidences 22 Defendant’s awareness of and willful failure to follow the governing laws concerning 23 such authorizations; and 24 iii. The plain language of the statute unambiguously indicates that inclusion of extraneous 25 information in a disclosure form violates the disclosure and authorization requirements. 26 37. Accordingly, Defendant willfully violated and continue to violate the FCRA including, 27 but not limited to, § 1681b(b)(2)(A). Defendants’ willful conduct is reflected by, among other things, the 28 facts set forth above. 7 SECOND AMENDED CLASS-ACTION COMPLAINT 1 38. Plaintiff, on behalf of himself and all FCRA Class members, seeks remedies pursuant to 2 15 U.S.C. § 1681n, including statutory penalties, punitive damages, attorneys’ fees, and costs. 3 PRAYER FOR RELIEF 4 WHEREFORE, Plaintiff, on behalf of Plaintiff and all others similarly situated, prays for relief 5 and judgment against Defendant as follows: 6 A. An order that the action be certified as a class action; 7 B. An order that Plaintiff be appointed class representative; 8 C. An order that counsel for Plaintiff be appointed class counsel; 9 D. Statutory penalties; 10 E. Punitive damages; 11 F. Injunctive relief; 12 G. Costs of suit; 13 H. Interest; 14 I. Reasonable attorneys’ fees; and 15 J. Such other relief as the Court deems just and proper or as authorized by statute. 16 DEMAND FOR JURY TRIAL 17 Plaintiff, on behalf of Plaintiff and all others similarly situated, hereby demands a jury trial on all 18 issues so triable. 19 20 DATED: March 14, 2024 SETAREH LAW GROUP 21 22 /s/ Shaun Setareh SHAUN SETAREH 23 WILLIAM M. PAO Attorneys for Plaintiff 24 HASIM A. MOHAMMED 25 26 27 28 8 SECOND AMENDED CLASS-ACTION COMPLAINT 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 9665 Wilshire Blvd, Suite 430, Beverly 4 Hills, CA 90212. 5 On March 14, 2024, I served the following document described as 6 STIPULATION GRANTING PLAINTIFF LEAVE TO FILE SECOND AMENDED 7 COMPLAINT 8 on all interested parties in this action: 9 Matthew B. Golper Christopher Ahearn 10 mgolper@brgslaw.com christopher.ahearn@fedex.com Darla Salter Letiticia Jackson 11 dsalter@brgslaw.com Letiticia.jackson@fedex.com Amanda Koziol FEDERAL EXPRESS CORPORATION 9665 WILSHIRE BOULEVARD, SUITE 430 SETAREH LAW GROUP 12 BEVERLY HILLS, CALIFORNIA 90212 akoziol@brgslaw.com 3620 Hacks Cross Road, Bldg. B-3 13 Jeanette Kerr Memphis, TN 38125 ATTORNEYS AT LAW JKerr@brgslaw.com Attorneys for Defendant FEDEX (310) 888-7771 14 BALLARD ROSENBERG GOLPER & CORPORATION and FEDEX SAVITT, LLP CORPORATE SERVICES, INC. 15 600 Anton Blvd., 11th Floor Costa Mesa, CA 92626 Keith A. Jacoby 16 Attorney for Defendants FEDEX TRADE Kjacoby@littler.com 17 NETWORKS TRANSPORT & William J. Simmons BROKERAGE, INC. and FEDEX TRADE wsimmons@littler.com 18 NETWORKS TRADE SERVICES, LLC LITTLER MENDELSON 2049 Century Park East, 5th Floor 19 Michael S. Frey Los Angeles, CA 90067 Michael.frey@fedex.com Attorney for Defendant 20 kelli.pangle@fedex.com FEDEX FREIGHT, INC. 21 FEDERAL EXPRESS CORPORATION 2601 Main Street, Suite 340 Sandra C. Isom 22 Irvine, CA 92614 scisom@fedex.com Attorney(s) for Defendant FEDERAL FEDEX FREIGHT, INC. 23 EXPRESS CORPORATION Litigation Affairs 8285 Tournament Dr. 24 Memphis, TN 38125 25 Attorney for Defendant FEDEX FREIGHT, INC. 26 /// 27 /// /// 28 /// PROOF OF SERVICE 1 [X] (BY E-MAIL OR ELECTRONIC TRANSMISSION): Based on a court order or an agreement of the parties to accept service by electronic transmission, I electronically served the 2 document(s) to the persons at the electronic service addresses listed above. 3 [X] (STATE): I declare under penalty of perjury under the laws of the State of California 4 that the above is true and correct. 5 Executed on March 14, 2024, at Beverly Hills, California. 6 7 8 _____________________________________ 9 Diana Maytorena 10 11 9665 WILSHIRE BOULEVARD, SUITE 430 SETAREH LAW GROUP 12 BEVERLY HILLS, CALIFORNIA 90212 13 ATTORNEYS AT LAW (310) 888-7771 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE