10.  At all times material, each Plaintiff was an owner of a commercial vehicle within  the meaning of 49 C.F.R. § 376.2(d) and a "lessor" within the meaning of 49 C.F.R. § 376.2(f).    11.  Benchmark is a motor carrier as defined at 49 U.S.C. § 13102 (12). 49 C.F.R. §  376.12 mandates that leases between motor carriers such as Benchmark and commercial vehicle   owners such as the Plaintiffs contain specific terms and that regulated motor carriers such as  Benchmark adhere to those terms.   12.  Benchmark is a wholly-owned subsidiary of Unified.  Both Benchmark and  Unified share common executive management and the actions of Benchmark are for the ultimate  benefit of Unified.   13.  The officers and directors of Unified exercise effective control over the operation  of Benchmark and are and have been fully aware of the conduct complained of herein which  results in significant profits for Unified.   14.  Benchmark and Unified are jointly and severally responsible for the damages  claimed herein.   16.  Plaintiffs bring this action on their own behalf and on behalf of all other  individuals and entities similarly situated pursuant to Fed. R. Civ. P. 23.  The class is defined as  follows:  All owner-operators of motor vehicle equipment who at any time in the four  years prior to the filing of this lawsuit were parties to a lease agreement  governed by 49 C.F.R. Part 326 with Benchmark Transport Services, Inc.  and/or Benchmark Logistics, Inc.  Excluded from the class are all owners,  officers and directors of Benchmark Energy Transport Services, Inc.,  Benchmark Logistics, Inc., and Unified Logistics Holdings, LLC.   17.  Plaintiffs are a member of the class they seek to represent.   18.  This action satisfies the procedural requirements set forth in Rule 23 of the  Federal Rules of Civil Procedure.   19.  The conduct of Benchmark has caused money damages to Plaintiffs and the  proposed class.   20.  The class is so numerous that joinder of all members is impracticable.     22.  The claims of Plaintiffs are typical of the class.  The same conduct that gives rise  to the claims of Plaintiffs are identical to those that give rise to the claims of other members of  the class.   23.  Plaintiffs will fairly and adequately represent the interests of the class.  There are  no disabling conflicts of interest between Plaintiffs and the class.   24.  Plaintiffs have suffered the same injuries as other class members making their  interests co-extensive with those of the class.   25.  Common questions of law and fact predominate over individualized questions.   26.  A class action is superior to other methods for the fair and efficient adjudication  of this controversy.   27.  Benchmark has in its possession all records necessary to determine who would be  members of the class and what amounts are owing to the class.  28.  Pursuant to 49 U.S.C. § 14704(a)(2) a carrier providing transportation or service  subject to jurisdiction under 49 U.S.C. § 13501 et seq. is liable for damages sustained by a  person for violations of 49 U.S.C. § 13101 et seq. and of regulations promulgated pursuant to 49  49.  For Count Two of their Complaint, Plaintiffs reallege those matters set forth in  paragraphs one through 48 above and further state:   50.  Benchmark breached its lease contracts with each Plaintiff that incorporated the  provisions specified in 49 C.F.R. § 376.12 as a matter of law. (see Exhibit A)   51.  As a result of the breach of the leases by Benchmark, each Plaintiff has incurred  damages in an amount to be determined at trial, but estimated to be in excess of $10,000.00 per  year for each Plaintiff.    52.  For Count Three of their Complaint, Plaintiffs reallege those matters set forth in  paragraphs one through 51 above and further state:   54.  As a direct and proximate result of Benchmark's violations of part 376, owner- operators are deprived of sums rightfully belonging to them and have incurred substantial  monetary damages. Benchmark’s failures are actionable under 49 U.S.C. § 14704(a)(1) and (2).    55.  Throughout the terms of the leases between each Plaintiff and Benchmark,  Benchmark prepared or caused to be prepared periodic settlement statements that Benchmark  provided to each Plaintiff setting forth each Plaintiff’s compensation.   56.  In preparing periodic settlement statements, Benchmark caused the settlement  statements to understate the revenue billed by Benchmark that in turn understated the  compensation to which each Plaintiff was entitled.   57.  Benchmark understated each Plaintiff’s compensation on periodic settlement  statements in order to commit acts of conversion of funds due to each Plaintiff from Benchmark.   58.  As the proximate result of the conversion by Benchmark, each Plaintiff has  suffered damages in an amount to be determined at trial, but estimated to be in excess of  $10,000.00 per year for each Plaintiff.   