This is a court-authorized notice of class action certification. The purpose of this Notice is to inform you about a class action that may affect your rights.

Nature of the Lawsuit

Cory Edwards, John Carrigan, Seth Sweeney, Matthew Garber, and Jeffrey Smith are former delivery drivers at Papa John’s Pizza stores in Idaho, Colorado, North Dakota, Kentucky, and New York brought this Lawsuit asserting claims under the federal Fair Labor Standards Act and Idaho, Colorado, North Dakota, Kentucky, and New York wage and hour laws against Defendants PJ Ops Idaho, LLC; PJ Holdings KY, LLC; PJ Ops Kansas, LLC; PJ Ops Colorado, LLC; PJ Ops Louisiana, LLC; PJ Ops New York, LLC; PJ Operations, LLC; PJ West Fargo, LLC; PJ Falcon Colorado, LLC; PJ Colorado Springs Co Op, LLC; PJ Ops Minnesota, L.L.C.; PJ Acquisitions, LLC; Tom Wylie; David “Dougie” Allen.

The Plaintiffs allege that Defendants require them and other delivery drivers to provide cars to use to make deliveries but do not adequately reimburse the delivery drivers for their vehicle expenses, resulting in a wage violation. Based on these allegations, Plaintiffs seek recovery for unpaid wages, overtime, associated damages under state law, attorneys’ fees, and expenses.

Defendants deny Plaintiffs’ allegations and claim they compensated the delivery drivers properly.

The Classes

Idaho

The class consists of all current and former delivery drivers who work or worked at any of the Papa John’s Pizza locations in Idaho since July 5, 2015 for the entities listed above.

Colorado

The class consists of all current and former delivery drivers who work or worked at any of the Papa John’s locations in Colorado since July 5, 2014 for the entities listed above until December 26, 2020.

North Dakota

The class consists of all current and former delivery drivers who work or worked at any of the Papa John’s locations in North Dakota since July 5, 2012 for the entities listed above.

Kentucky

The class consists of all current and former delivery drivers who work or worked at any of the Papa John’s locations in Kentucky since July 5, 2012 for the entities listed above, but excluding delivery drivers at Defendants’ store located in Morehead, Kentucky.

New York

The class consists of all current and former delivery drivers who work or worked at any of the Papa John’s locations in New York since July 5, 2011 for the entities listed above to the date that Defendants sold the stores.

Opting Out of the Class

Class Members who wish to opt out from the Lawsuit must submit a timely and valid Opt-Out Notice. To be timely, it must be received by Class Counsel no later than 60 days after the posting of this notice, which was April 29, 2023. To be valid, the Opt-Out Notice must be signed and notarized and contain the following statement or a similar statement:

I wish to opt out of the case, Edwards, et al., v. PJ Ops Idaho, LLC, et al. I understand that by requesting to opt out from the Lawsuit, I will not be subject to the outcome of the Lawsuit, whether positive or negative. I retain my right to sue Defendants separately for the same claims stated here. However, if an award or settlement is obtained for the class, I will receive no money or other benefit. I understand that in any separate lawsuit, I may receive nothing or less than I would have received if I had remained in this case.

An Opt-Out Notice should be submitted to Class Counsel.

Class Counsel

The law firm Biller & Kimble, LLC represents Cory Edwards, John Carrigan, Seth Sweeney, Matthew Garber, and Jeffrey Smith and the Class members. Class Counsel’s contact information is set forth below:

You may direct any questions about the lawsuit to Class Counsel. You should not contact the Court about this case.

Class Counsel has prosecuted this lawsuit since May 2017 and has not received payment of any attorney’s fees or expenses incurred in representing the Class. If an award or settlement is obtained for the Class, Class Counsel intends to make a motion with the Court for the award of attorney’s fees and costs based on the benefits they have helped to obtain for class members.

You may also enter an appearance in this case through counsel of your own choosing if you so desire.

BINDING EFFECT OF CLASS JUDGMENT UNDER FEDERAL RULE OF CIVIL PROCEDURE 23(C)(3)

If you are a member of the above defined class, you will be bound by any judgment or settlement of this matter, unless you opt-out. That means you will not be permitted to sue Defendants for the same claims raised in this lawsuit.

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Please Direct Any Questions Regarding this Notice to Class Counsel:

• Emily Hubbard
• Biller & Kimble, LLC
• 8044 Montgomery Road, Suite 515
  Cincinnati, OH 45236
• (513) 202-0710
• ehubbard@billerkimble.com