Note 5   Commitments and Contingencies As previously disclosed, the Company is a defendant in a lawsuit entitled Jeffrey Wass and Mark Smith, et al. v. NPC International, Inc., Case No. 2:09-CV-2254-JWL-KGS, in the United States District Court for the District of Kansas. The lawsuit alleges a collective action under the Fair Labor Standards Act ("FLSA") on behalf of plaintiffs and similarly situated workers employed by NPC in 28 states, and a class action under Rule 23 of the Federal Rules of Civil Procedure on behalf of Plaintiff Smith and similarly situated workers employed in states in which the state minimum wage is higher than the federal minimum wage. The lawsuit alleges among other things that NPC deprived plaintiffs and other NPC delivery drivers of minimum wages by providing insufficient reimbursements for automobile and other job-related expenses incurred for the purposes of delivering NPC's pizza and other food items. On March 28, 2011, the court granted conditional collective action certification under the FLSA. Unlike a class action, a collective action requires potential class members to "opt in" rather than "opt out." On April 27, 2011, a third-party administrator mailed a notice to approximately 33,615 potential opt-ins. On or about July 15, 2011, the third-party administrator mailed a notice to an additional 5,682 potential opt-ins. The opt-in period for the first group closed on July 26, 2011. The period for the second group of opt-ins will close on or about October 11, 2011. As of July 28, 2011, approximately 4,414 opt-in notices have been returned. On March 23, 2011, in response to NPC's summary-judgment motion, Plaintiffs' filed an expert declaration in relation to NPC's reimbursement model. On April 14, 2011, the Court ruled that it would hold the NPC summary-judgment motion in abeyance until the merits process is completed. The Court has set a trial date of November 1, 2012. On July 22, 2011, plaintiffs' filed a Rule 23 motion, seeking certification of a class of delivery drivers in each of