Contract analysis

I. Purpose and Legal Obligation As you are aware, Calderwood & Harkness LLP represents Stonefield Logistics Group Inc. ("SLG" or the "Company") in defending the above-captioned action. On April 30, 2025, named plaintiff Marcus Delano filed a collective action complaint in the United States District Court for the Northern District of Texas, Dallas Division, asserting claims under the Fair Labor Standards Act, 29 U.S.C

II. Scope of the Litigation Hold A. Temporal Scope This litigation hold applies to all materials created, sent, received, modified, stored, or otherwise maintained from January 1, 2017 through the present, and shall continue in effect until Calderwood & Harkness issues a written release of the hold. The January 1, 2017 start date has been selected to provide a reasonable pre-period buffer for materials that may be re

1. Gerald Wynn — Chief Executive Officer

2. Margaret Hollis — General Counsel

3. Aaron Turcotte — Chief People Officer

4. Trevor Sandoval — Vice President of Operations

5. Karen Lund — Director of Driver Relations

6. Dennis Faulkner — Hub Manager, Fort Worth (HUB-01)

7. All other Hub Managers at HUB-02 through HUB-14 — SLG is directed to provide the names and contact information of all current and former hub managers who served in that role at any time during the relevant period (January 1, 2017 to the present) Functional Custodians: In addition to the named key custodians listed above, the hold extends to:

8. Any employee in the Human Resources department who has had responsibility for driver-related matters, classification policies, ICOA administration, driver onboarding, driver training, or driver separation at any time during the relevant period;

9. Any employee in the Operations department who has had responsibility for dispatch operations, route assignments, delivery scheduling, hub management, or driver supervision at any time during the relevant period;

10. Any employee in the Compliance department who has had responsibility for regulatory compliance, internal audits, or policy development relating to driver classification or employment law compliance;

11. Any employee in the Legal department (in addition to Ms. Hollis) who has had involvement with driver classification matters, ICOA administration, or any prior complaints, demands, or investigations relating to driver classification;

12. Any employee in the Finance department who has had responsibility for driver compensation, payment processing, 1099 issuance, accounts payable relating to driver payments, or financial analysis of the independent contractor model;

13. Any employee in the Information Technology department who has had responsibility for the RouteSync platform, GPS telematics systems, email administration, data retention, backup management, or other systems that contain or process driver-related data; and

14. Any individual — whether current or former SLG employee — who communicated with Pennfield & Daye LLP (801 Cherry Street, Suite 1400, Fort Worth, TX 76102) regarding independent contractor classification analysis, ICOA drafting, ICOA revision, or any related legal matter at any time during the relevant period. SLG is directed to compile a comprehensive list of all individuals falling within categories 7 through 14

III. Categories of Materials to Be Preserved The following categories describe the types of documents, ESI, and tangible things that must be preserved. These categories are intended to be illustrative and not exhaustive. If there is any doubt as to whether a particular document or data set falls within the scope of this hold, it should be preserved and the question should be directed to Calderwood & Harkness for guid

1. All executed ICOAs for every driver engaged by SLG during the relevant period (January 1, 2017 to the present), across all fourteen (14) distribution hubs;

2. All three template versions of the ICOA: • ICOA v1.0 (2018) — the original template drafted by Pennfield & Daye LLP; • ICOA v2.0 (August 2020) — the first revised template; and • ICOA v3.0 (January 2023) — the second revised template, which includes the arbitration clause and collective action waiver;

3. All drafts, redlines, markup versions, and internal comments relating to each ICOA version, including drafts exchanged between SLG and Pennfield & Daye LLP and any internal SLG drafts circulated for review;

4. Records identifying which version of the ICOA each driver signed, the date of execution, and the hub at which the agreement was executed;

5. Special attention must be given to the preservation of records relating to the approximately 640 drivers who signed ICOA v3.0 (January 2023), which contains the arbitration clause and collective action waiver that will be the subject of an anticipated motion to compel arbitration. Records demonstrating whether each driver was presented with the agreement, the circumstances of execution, and whether alternative ver

6. Any addenda, amendments, side letters, supplements, waivers, or modifications to any ICOA, whether formal or informal, written or oral (to the extent any oral modifications are documented or referenced in correspondence);

7. All communications between SLG and Pennfield & Daye LLP regarding the original drafting (2018) and subsequent revisions (August 2020 and January 2023) of the ICOA template, including engagement letters, legal memoranda, opinion letters, emails, and billing records reflecting the nature of the work performed. Note regarding attorney-client privilege: Communications with Pennfield & Daye LLP are to be preserved but

1. Route assignments and delivery manifests — all records showing which routes were assigned to which drivers, when assignments were made, and whether drivers had the ability to accept, reject, modify, or exchange route assignments;

2. Delivery acceptance and refusal records — including all data related to the 85% minimum acceptance rate requirement calculated on a rolling 30-day basis. This includes records of individual delivery offers, driver responses (acceptance or refusal), timestamps, and the running calculation of each driver's acceptance rate;

3. Delivery completion timestamps — records showing when each delivery was completed, including any data regarding on-time versus late deliveries;

4. Customer-facing delivery window assignments — records showing the delivery windows communicated to customers and whether those windows were set by SLG, by the driver, or by mutual agreement;

5. Performance metrics, ratings, and performance review triggers — all data used to evaluate driver performance, including any scoring algorithms, rating systems, dashboard displays, and any automated triggers that flagged drivers who fell below the 85% acceptance threshold or other performance benchmarks for review or corrective action;

6. System logs showing driver interactions with the RouteSync platform — login times, logout times, session durations, route modifications, delivery sequence changes, communication logs, and any other user activity data captured by the platform;

7. Administrative settings and configuration data for each hub — including any hub-specific parameters, default settings, rule configurations, or algorithmic weights that may differ from hub to hub. SLG should confer with its IT department and the RouteSync platform administrators to identify all data stores, databases, tables, and logs in which this information resides. We anticipate issuing a more detailed ESI pres

1. Real-time and historical location data for all driver vehicles equipped with SLG-provided telematics devices;

2. Route tracking records, including actual routes traveled versus assigned routes;

3. Speed data, including records of any speed alerts, speed limit violations, or speed-related notifications;

4. Stop duration records, including the time spent at each delivery location and any non-delivery stops;

5. Idle time records, including the duration and location of vehicle idle events;

6. Any reports, dashboards, or analytics generated from GPS telematics data, whether for individual drivers, hub-level analysis, or company-wide reporting; and

7. Configuration and settings data for the telematics devices and associated software. This preservation obligation encompasses GPS telematics data for all drivers across all fourteen (14) distribution hubs, and is not limited to the named plaintiff Marcus Delano. In a collective action, the preservation obligation extends to data for all putative class members. D. Pay Records and Compensation Data All records relati

1. All payment records for drivers, including per-delivery payments. We understand that per-delivery rates currently range from $14.50 to $38.00 per delivery, varying by package weight, distance, and delivery type (standard delivery versus white-glove delivery). All records reflecting these rate structures, rate schedules, and any changes to rates over time must be preserved;

2. Pay statements, remittance advices, and payment summaries provided to drivers, whether in paper or electronic form;

3. IRS Form 1099-NEC (and, for earlier years, Form 1099-MISC) issued to drivers, together with supporting records and filings;

4. Any other compensation documentation, including bonus records, incentive payments, or supplemental payments of any kind;

5. Records of any deductions, chargebacks, penalties, or adjustments to driver pay, including deductions for damaged goods, failed deliveries, equipment damage, or any other reason;

6. Records of reduced delivery assignments imposed as penalties for late deliveries, customer complaints, or other performance issues — this is particularly significant because if SLG used delivery volume as a punitive mechanism, it bears on the degree of control SLG exercised over drivers;

7. Invoices submitted by drivers to SLG, if applicable under the ICOA framework, together with records of invoice processing, approval, and payment; and

8. Any internal rate-setting analyses, compensation benchmarking studies, or pay structure documentation used to establish or modify driver pay rates. E. Training Materials and Records All records relating to driver training must be preserved, as the existence and nature of mandatory training is a significant factor in the classification analysis. This category includes:

1. All mandatory safety and customer-service training materials used in connection with the initial 16-hour training program required for all new drivers and the quarterly 4-hour training sessions required for all active drivers;

2. Attendance records and completion certificates for all training sessions, including records identifying which drivers attended, which sessions they completed, and the dates of attendance;

3. Records of any consequences imposed for failure to complete required training, including deactivation, suspension, withholding of route assignments, or other adverse actions;

4. Training curricula, lesson plans, manuals, handbooks, videos, slide presentations, and testing materials, including any versions that were updated, revised, or replaced during the relevant period;

5. Records of any other training, onboarding, orientation, or certification programs for drivers, whether denominated as "training" or otherwise; and

6. Records identifying who developed, delivered, and administered the training programs, including any third-party training providers. F. Communications with Drivers All communications between SLG personnel and drivers must be preserved, regardless of the medium, format, or platform through which the communication occurred. This category includes:

1. Emails — all email communications between any SLG employee (at any level, at any hub, and in any department) and any driver during the relevant period;

2. Text messages — all SMS and MMS messages between SLG personnel and drivers, including messages sent from personal devices if used for business purposes;

3. Instant messages and app-based messages — all communications via messaging applications, collaboration platforms (e.g., Meridian Solutions, Northgate Data Systems), or any proprietary SLG communication tools;

4. Voicemails — all stored voicemails between SLG personnel and drivers;

5. RouteSync platform messaging — all communications transmitted through any messaging or notification feature within the RouteSync dispatch platform;

6. Notices, bulletins, policy updates, and directives sent to drivers, whether by email, physical posting at hub locations, in-app notification, or any other method;

7. Communications regarding delivery performance, complaints, or corrective actions — including any written warnings, performance improvement plans, or informal communications addressing driver conduct or performance; and

8. Any other written or electronic communications not specifically enumerated above. G. Performance Reviews and Disciplinary Records All records relating to driver performance evaluation, discipline, and separation must be preserved. This category includes: