Contract analysis

I. Purpose and Engagement Overview This memorandum sets forth the analytical framework, data requirements, and deliverable timeline for the engagement of Corbin Risk Advisors LLC ("Corbin Risk") as the expert consulting and testifying firm retained by Calderwood & Harkness LLP ("C&H") on behalf of its client, Stonefield Logistics Group Inc. ("SLG" or "Stonefield"), in connection with the above-captioned litigation. T

II. Case Background and Litigation Context A. Parties and Claims The named plaintiff in this action is Marcus Delano, a former delivery driver who performed last-mile residential delivery services for Stonefield Logistics Group Inc. from approximately March 2021 through September 2024. Mr. Delano was assigned to and operated out of the Fort Worth distribution hub, designated internally by SLG as HUB-01. During his te

1. Route dictation: SLG dictated daily delivery routes to drivers via its proprietary RouteSync dispatch platform, with limited or no driver discretion in determining the sequence, timing, or geographic scope of deliveries.

2. Mandatory branding: Drivers were required to wear Stonefield-branded uniforms, display SLG identification badges, and affix SLG vehicle placards to their personal vehicles at all times while performing deliveries, creating the outward appearance of an employment relationship.

3. Mandatory training: Drivers were required to complete 16 hours of initial safety and customer-service training upon onboarding and 4 hours of quarterly refresher training thereafter, with attendance tracked and enforced by SLG.

4. Prohibition on subcontracting: The ICOA nominally permitted drivers to subcontract delivery obligations, but only with SLG's prior written approval. Plaintiff alleges that zero subcontracting requests were approved during his tenure, rendering the provision illusory.

5. Customer-facing delivery windows and performance penalties: SLG set customer-facing delivery windows and imposed penalties on drivers for late deliveries and customer complaints, further constraining driver autonomy.

6. SLG-provided equipment and technology: SLG provided drivers with handheld scanners, access to the RouteSync routing software platform, and telematics hardware (GPS tracking devices), creating a technological infrastructure of control.

7. Required daily delivery windows: Drivers were required to be available for deliveries during the hours of 7:00 AM to 8:00 PM, Monday through Saturday, with limited ability to deviate from this schedule.

8. Mandatory GPS tracking: All drivers were required to have SLG-provided telematics devices installed and operational on their vehicles at all times while performing deliveries, enabling continuous real-time monitoring of driver location, speed, and route compliance.

9. Minimum acceptance rate: Drivers were required to accept a minimum of 85% of delivery assignments offered to them within any rolling 30-day period. Falling below this threshold triggered a mandatory performance review and could result in contract termination.

10. No rate negotiation: Drivers had no ability to negotiate per-delivery rates, which were set unilaterally by SLG at $14.50 to $38.00 per delivery depending on package weight category, distance category, and delivery type (standard versus white-glove). Dr. Ramanathan's analysis should specifically address items 1, 4, 7, 8, 9, and 10 above through quantitative analysis of the data sets described in Section III, with

III. Data Requirements This section identifies the data sets that Corbin Risk Advisors will require from SLG (through C&H) in order to perform the analyses described in Section IV. The data requirements are organized by source and type. Unless otherwise indicated, all data requests cover the relevant period of April 30, 2022 through the present. C&H will coordinate data collection with SLG's internal team, with Lisa

IV. Analytical Framework A. Primary Analytical Objective: Demonstrating Lack of Commonality for Conditional Certification At the conditional certification stage under FLSA § 216(b), courts in the Fifth Circuit apply the two-step certification process established in Lusardi v. Xeroxx Corp., 118 F.R.D. 351 (D.N.J. 1987), and adopted by the Fifth Circuit in Mooney v. Aramco Services Co., 54 F.3d 1207 (5th Cir. 1995). At

I. Statistical Methodology Notes The following methodological guidelines apply to all analyses described in this section: • All statistical tests should employ a significance level of α = 0.05, consistent with standard practice in the social sciences and with the level typically accepted by courts evaluating expert statistical evidence. • All analyses should be fully replicable and documented in sufficient detail to

V. Deliverable Timeline A. Phase 1: Data Collection and Intake (May 14 – June 1, 2025) During Phase 1, Calderwood & Harkness will coordinate with SLG to compile and produce all data sets identified in Section III above. The primary SLG contacts for data collection are Margaret Hollis (Vice President of Operations), Aaron Turcotte (Director of Information Technology), and Trevor Sandoval (General Counsel). Lisa Cheng,

VI. Budget Parameters and Fee Arrangements The fee arrangements for this engagement are governed by the Expert Retention Agreement dated May 8, 2025, between Calderwood & Harkness LLP (on behalf of SLG) and Corbin Risk Advisors LLC. The following summary is provided for reference and to establish the budget parameters within which the work described in this memorandum will be performed. Fee Rates: • Dr. Priya Ramanat

VII. Communication and Confidentiality Protocols The following protocols govern communications between Corbin Risk Advisors and Calderwood & Harkness LLP throughout the engagement: Privilege and Work Product Protection: All communications between Corbin Risk and C&H are to be treated as privileged attorney work product, protected under Fed. R. Civ. P. 26(b)(3) (trial preparation materials) and Fed. R. Civ. P. 26(b)(4

VIII. Next Steps The following action items should be initiated immediately upon receipt of this memorandum:

1. C&H to initiate data collection from SLG: Beginning the week of May 14, 2025, Lisa Cheng will coordinate with Margaret Hollis, Aaron Turcotte, and Trevor Sandoval at SLG to compile and produce all data sets identified in Section III. James Underwood will provide an introductory communication to SLG's team outlining the data requirements and the timeline for production.

2. Dr. Ramanathan to designate Corbin Risk associate team: Dr. Ramanathan should designate the Corbin Risk associate analysts who will be assigned to this engagement and confirm their availability through at least August 2025 (covering Phases 1 through 4). Please provide the names, qualifications, and hourly rates of the designated associates to James Underwood by May 16, 2025.

3. Initial call to discuss data specifications: An initial working call between James Underwood, Devon Archer, and Dr. Ramanathan is proposed for May 16, 2025, to discuss the data specifications in detail, refine the analytical framework, and address any preliminary questions regarding the scope of the engagement. Lisa Cheng will send a calendar invitation with dial-in details.

4. Preliminary data intake checklist: Dr. Ramanathan should provide a preliminary data intake checklist to C&H by May 19, 2025, specifying the preferred data formats, file naming conventions, and any additional data fields or documentation needed beyond those identified in Section III.

5. ICOA versions and comparison chart: C&H will provide Dr. Ramanathan with copies of all three ICOA versions (v1.0, v2.0, and v3.0) and the ICOA Version Comparison Chart prepared by Devon Archer on May 12, 2025, by May 15, 2025. These documents will enable Dr. Ramanathan to understand the contractual differences among the three versions and to design the ICOA version segmentation analysis accordingly. Please do not