Click here to review Swifts opposition brief. Once the objection was filed, the Court called all the lawyers together and an acceptable stipulation was filed. Plaintiffs also replied to Defendants opposition to compel testimony (672) on August 11th. I wasnt talking about my training months. The owner of Prime is a very rich man. An enemy divided is easily defeated. The court rejected that argument at docket 546 and then again at docket 605 after a detailed analysis of other Section 1 cases and applicable case law regarding employment classification. This letter should state that you dispute the debt claim and request verification of the claim. The settlement checks are scheduled to be mailed beginning today, April 6, 2020. Click here to read Plaintiffs Response Brief. Pathetic! (188 P Response in Oppose Motion to Compel Arbitration and Dismiss P claims.pdf 152KB), Plaintiffs have filed their reply brief in support of certification of a collective action and the mailing of notice to all potential class members in the case. 2 Years
We will be in touch with affected clients individually following additional discussion with the lawyers for the parties in the Montalvo case and/or after the final settlement fairness hearing with the court on October 30, 2015. Got to agree Bill. Talk about shopping at the company store. Like PT Barnum said there is a sucker born every minute. December 01, 2021 12:45 PM. Specifically, two sections, Paragraph 16 (Reclassification) and Paragraph 17(E) (Indemnification in relation to unsuccessful proceedings alleging employee status of Contractors workers), will not apply with respect to any relief granted to the parties in the Van Dusen lawsuit. The Settlement Notice is scheduled to be mailed today, August 16, 2019. (ComplaintNY.pdf 76KB), 1106 LODGED Proposed Joint Motion for Preliminary Approval of Class Action Settlement 1105 MOTION for Leave, 1106 1 Exhibit 1 Class Action Settlement Agreement, 55 Filed order case is removed from calendar, 30 Amicus brief Submitted by Public Justice, 883 P. RENEWED MOTION to Conditionally Certify A FLSA Collective Action and Authorize Notice to be Issued to the Class Doc. Click here to review the Plaintiffs motion for reconsideration. The very first line in my JB Hunt contract states that I am not an employee and a few lines later says this is an at will contact and can be terminated by either party with notice. The Order compelling arbitration, sent to the arbitrator the question of whether the FAA applies. Supreme Court Denies Swifts Motion to Hear Case June 16, 2014. US District Court Judge Sedwick has set expedited argument on Plaintiffs motion for a Temporary Restraining Order and Swifts motion for a stay of the case pending appeal for Wednesday, February 15, 2017 at 10:00 am in Phoenix. Swift replied to Plaintiffs response to their motions to compel discovery (674) on August 14th. I kept a separate log of all trips I made that listed the Trip #, paid loaded and unloaded miles and the actual miles driven. There are many issues still to be decided by the Court, including which drivers are allowed to participate (beyond the people who have already opted-in to the case); how far back claims may go; what notices should be issued; what discovery is still needed for the parties to resolve the case; and when any remaining issues can be tried. The purchase option balloon . If your notice was mailed to the incorrect address, or your contact information changes in the future, please call SSI at 844-330-6991. I intend to find out. Nevertheless, the Ninth Circuit refused to grant the mandamus petition and order the District Court to reverse the prior decision sending the case to arbitration. Plaintiffs will serve their reply letter brief to the Court by Wednesday, February 24, 2010. Taylor Swift beat a lawsuit by a Manhattan real estate broker -- who claimed the pop superstar refused to pay her a $1.08 million commission for the purchase of her Tribeca townhouse -- because . What did you want Top Pay? To date, Defendants attorneys have refused to cooperate. The 10 year old case has been through quite a journey: The independent contractor model has been a minefield for fleets operating at the ports in California. The drivers response to the appeal brief is due on July 24th, and Swift has until August 7th to file their response. Posted on Monday, April 12 2010 at 4:22pm. Its all the other mega companies: Schneider National, Warner, JB Hunt, England,you name it. Swifts Increasing Desperation Posted February 26, 2015. Plaintiffs moved for collective action back in May of 2010 but this process was stopped in the summer of 2010 by Swifts Motion to Compel Arbitration. Low Monthly Payments Plus Regular Miles Let's start off by looking at the costs of leasing a truck from PAM vs. what a truck will run you with other truck lease purchase programs. We continue to believe that the appeal is entirely improper since appeals are only available from a final order (deciding a claim) or if a statute confers the right to an interlocutory appeal and the Court of Appeals stated this issue would be considered in our opposition brief. Ive been driving tractor trailer for 44 years had the old class D 1971 class A CDL grandfathered 1989 this is America Trucking industry the trucking industry is going to fall theres no great trucking company to work for in America theyre all vultures. We understand there may be some concern and confusion regarding interpretation of certain provisions of the new ICOA issued on January 9, 2017, and the effect of those provisions on your rights in ongoing legal proceedings, including the lawsuit currently pending in the United States District Court in Phoenix, Arizona, titled Van Dusen v. Swift Transportation Company Inc. We are sending this message to clarify that the new ICOA will not interfere with your rights to participate or recover monetary relief in ongoing court proceedings in existence on January 9, 2017. Further updates will be posted as the effect of this ruling and how it affects the parties positions becomes clear. Please call if your lease ended over three years ago and you wish to join the case. Motions to Compel, Motions for Sanctions, and Appeals Posted October 27, 2015. This is a big milestone, said driver attorney Dan Getman according to the Wall Street Journal. When a link to the live stream is available, we will post it here so drivers can watch the hearing live, or later, at a convenient time. Plaintiffs request to enjoin Defendants from engaging in future contact with putative class members regarding matters in this suit is denied as unnecessarily restrictive., IMPORTANT NOTICE TO ALL SWIFT CONTRACTORS REGARDING THE NEW ICOA. In addition, under wage protections statutes, plaintiffs seek to compel Swift to reimburse truckers for the various deductions from their pay, including truck lease, insurance, gas, tolls, maintenance, etc. While the arguments are highly technical, the issues are critical to the ability of Plaintiffs to efficiently secure full relief for all members of the various classes. If this happened to you and you have such proof, please contact paralegals Janice Pickering or Kathy Weiss (845)255-9370 to discuss. On July 15th, the Court ruled in favor of the Plaintiffs,ordering the Defendant to respond to Plaintiffs discovery requests (Docket #645). The lawsuit is for a symbolic $1, and the counterclaim said that Mueller waited too long to deny that he groped Swift after the original incident was reported. PR Newswire. Getman Sweeney is hopeful that the Court will affirm our position and reverse the District Court, since the Circuit already ruled that Plaintiffs were correct on this precise question in its prior ruling on the mandamus petition. Lease term can be either 3 or 4 years 3. Drivers Opposition to Swift Appeal Filed Posted August 28, 2017. This lawsuit isnt just about owner operators. 4) mid-contract changes demanded by Swift or IEL under threat of having the truck repossessed or the driver put on safety hold until a signature is given. On January 9th, Swift rolled out a new contract to their currently-running Lease Operators. Author: TN, Chatanooga. last edited on Wednesday, February 10 2010 at 4:49pm, Posted on Thursday, December 24 2009 at 3:04pm. After those papers are filed with the Court, the matter will await decision by the District Court. If the drivers are employees, their claims cannot be sent to arbitration. I do agree there are way too many frivolous law suits going on. Lease truck payments can range anywhere from $300 to upward of $1,200 per week depending on if you choose a used or new truck and the trucking company you sign on with. Im working for a company now who, think theyre going to continue with their illegal b.s. My lease with Landstar states in bold print that I am not a Landstar employee. A Transportation Law Blog from TransportationAttorneys.NET. Hop on hop off bus 5:12 am. As a general rule, the arbitration forum is considered more beneficial for large corporations for many reasons (indeed, that is why Swift demanded it in the ICOA). Plus tankers hookup and pump. Court Finds Massive Offshore Oil Lease Sale in Gulf Based on Faulty Legal Analysis Victory: Environmental groups respond to court decision halting lease sale Contacts Lauren Wollack, Earthjustice, (202) 285-5809, lwollack@earthjustice.org Brittany Miller, Friends of the Earth, (202) 222-0746, bmiller@foe.org Getman Sweeney advises its clients to DO NOTHING at the present time with respect to opting out of the Montalvo/Calix settlement, as Getman Sweeney has asked the court to either 1) declare that individuals covered by our cases are not releasing any claims if the Montalvo/Calix settlement is approved, or 2) not approve the settlement, or 3) if the settlement is approved as is, that the court exclude our clients from such a settlement, or 4) be given additional time to exclude themselves following clarification of the scope of the release. Past and present truckers driving for Swift as owner operators anywhere in the U.S. may be included in this lawsuit. 805 17K views 6 months ago If you decide to contact Swift Transportation about company driver or lease purchase opportunities please call Michelle Cantrell at 864-968-7605 and give her my. We are hopeful that if the settlement is finally approved it will result in payments early in 2020. While positions were discussed, no resolution was reached at that time and no further on-going discussions are currently planned. Drivers had argued, successfully, that because this case has been slowed down, hindered, and repeatedly delayed for years by the Defendant, the information in Swifts records would not be current or useful if, or when, a Collective Action is certified and Plaintiffs asked for the records so that we could begin the process of ensuring that the contact information in those records is up-to-date and accurate in order to send notice to a group of over 16,000 drivers who may be eligible to join this case, if and when that should occur. In fact, in a similar case against Central Refrigerated, the Court found the ICOA/Lease to be a contract of employment that could not be sent to arbitration under the Federal Arbitration Act. On July 25th, Plaintiffs filed a reply brief in support of their motion to lift the stay for arbitration. The timeline for a decision is uncertain. 3 Years
For several years, And the California Labor Board (known formally as the Dept. It is true that the ruling will create difficulties for Swift as well as the trucker Plaintiffs. Im darned curious in regards to what 21 years of catch up back pay might look like. THE COURT HAS NOT YET RULED AND TAKES NO POSITION ON THE MERITS OF PLAINTIFFS CLAIMS FOR RELIEF. It is the very definition of the words wage slave. No Money down. Posted on Wednesday, July 27 2011 at 2:35pm. The letters claim that these drivers owe money. (15 Opinion Denying Mandamus.pdf 73KB) It may take a short period for the parties and the District Court to work out the effect of the decision, however, Plaintiffs are optimistic however, given that the Ninth Circuit affirmed our legal position. Swift wants the drivers to have to ask that question individually in arbitration where it knows that few, if any, drivers will be able to afford litigating the case individually. If you believe otherwise, you are wrong ! In the motion, defendants Swift and IEL claimed that the arbitration clause which they inserted in the ICOA demands that the case go to arbitration before the American Arbitration Association (AAA). Although such writs are sparingly granted, Plaintiffs believe there are strong grounds for the 9th Circuit to hear the issue at this time. Also, with this Covid-19 virus in play, this looks like a good time to ask for a pay raise. The months where I was on the road actually working, The miles they pay me doesnt match the miles I drove. Wonder if this why I was just fired last week from swift as they said was from log violations. Rather, wait until you have received your individual notice, which is due to be mailed mid-to-late June. Swift Settlement Update Posted April 2, 2020. The matter is fully briefed and we are awaiting the decision of the Court. The Appeal is fully briefed. Swift will not retaliate against any Contractor who chooses to participate in any ongoing court proceedings. The next step will involve a Motion for Collective Action, with a request for notice of the lawsuit to go out to all the drivers who worked for Swift as Lease Operators within the Statute of Limitations. I was paid for 3000. If you dispute the debt, the debt collector must cease collection efforts until the debt is verified. They will be dead and buried by the time this gets paid as if it ever will. So far Swift opposes this motion. That ruling was important for many reasons first, it prevented the case from being sent to arbitration, and second, the Court agreed with Plaintiffs that drivers are employees as a matter of law. The case is closed and Settlement checks have been mailed to participating class members. This is typical of complex cases such as this one. I agree you always have some company people who say that is the way it and always will be and there is nothing you can do about it ,your a trucker and you are going to get screwed over so just accept it as hard work.I would like to see the trucking industry taken completely down and start over again and this time no phony mileage or percentage pay where you will never be payed for all you do but pay by the hour then you would see the delays and bad dispatching come to a halt. We argue that since the Lease and ICOA are likely to be found to violate the law, irreparable injury will occur to drivers if Swift is allowed to enforce its agreements in this way. Your email address will not be published. Plaintiffs are very happy that the Court has agreed to hear our appeal, as an earlier panel of the 9th Circuit has already ruled that the decision to send this case to arbitration to decide if the drivers were legally deemed independent contractors was in error. Now well find out how to go from here to a final resolution.. 5 years and more than 200,000$ down the drain. This turnkey program is designed for our dedicated owner operator and does not require previous equipment ownership. #1 NEVER READ YOUR OWN LEASE! Click here to read Defendants Response Brief. The court has asked Plaintiffs to respond no later than February 10, 2017. (287 D Opp to Pl. I work for them 11 years ago and I knew something was Fowl in Phoenix. Plaintiffs Move to Enjoin New 2017 Contract, Certify Class and Collective; Swift Moves to Stay Posted January 31, 2017. The Drivers opposed the stay, and ultimately both courts denied the stay requests, again agreeing with the Drivers. Plus a computer cant break the seal, remove the lock, open and pin the doors back, slide the tandems and dock the truck. In addition, plaintiffs seek to compel reimbursement for additional employer expenses borne by truckers. In response to Swifts continuing refusal to participate in the discovery process, Plaintiffs filed aMotion to Compel Discovery Responses (Docket # 631)from the Defendant on April 1st. On May 11th, Plaintiffs made a motion to certify the Fair Labor Standards Act minimum wage claims in this case as a collective action. The motion seeks court approval to mail a notice of the case to all class members, advising them of their rights to join the case. TheCourt adopted the drivers proposal. Posted on Thursday, March 25 2010 at 9:38am, Plaintiffs have responded to Defendants request for permission to move to transfer the case to arbitration. All checks will be mailed by USPS to the address the claims administrator (Settlement Services, Inc.) has on file for each class member; there is no direct deposit available for this settlement, and no one will ask you for credit card or checking account information in order to receive your settlement check. You'll drive for the carrier who leased your truck to you. These Carriers that keep trying to avoid proper responsibility for their workers by playing these games need to be shutdown! Show more Hide chat replay. In response to Swifts unwillingness to cooperate in the discovery process, Drivers filed a Motion for Sanctions (Dkt 684) on September 22, 2015, including a request that the Court finds Swift in contempt of Court and to fine Swift each day until they comply with all outstanding discovery.