(69-2 Supplemental Memorandumn.pdf 133KB), Posted on Wednesday, March 31 2010 at 4:21pm. Click here to review the Parrish affidavit. Since Swift is the largest truckload carrier in the United States however, the number of drivers who could file claims against them could be as high as 15,000. This is a serious and negative ruling that makes many aspects of the case more difficult for us. We need to use platforms such as this and others to come together. A Transportation Law Blog from TransportationAttorneys.NET. Instead, Swift argues that the District Court erred by considering the Lease as well as the Contractor Agreement and the parties relationship in reaching its decision. (17 frist amended cplt.pdf 869KB) Defendants have not yet answered the complaint. Once the objection was filed, the Court called all the lawyers together and an acceptable stipulation was filed. On January 15th, 2019, the Supreme Court reached a unanimous decision in truckers favorruling that truckers engaged in interstate commerce are exempt from the FAA under Section 1, regardless of whether their contracts call them contractors or employees. Guaranteed pay on fuel surcharge collected. With that .90 each load/trip first has the miles calculated empty/loaded to pick up-delivery. For the 9 months I was employed there I was hearing from numerous drivers that the pay scale was off. In addition, plaintiffs seek to compel reimbursement for additional employer expenses borne by truckers. To protect the class, Getman Sweeney and Martin Bonnett have been trying to obtain an agreement from Swifts attorneys to the effect that claims in this case would not be barred by that settlement, if approved by the District Court for the Eastern District of Virginia. All individuals who filed consents to sue in the case remain in the case in Arizona. The Final Fairness Hearing has been scheduled for January 22, 2020 at 10:00 a.m. at the Federal Courthouse in Phoenix, AZ. . Posted on Wednesday, February 9 2011 at 9:34am. has nothing to do with this case, the proposed release language could have been viewed as prohibiting the forced labor and unconscionability claims involving Swift and Centrals misuse of the DAC Report. 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. The Drivers consider it a hopeful sign that the Circuit decided not to hear argument, as the Ninth Circuit previously decided that the drivers claims cannot be sent to arbitration without the District Court first deciding whether they are employees or contractors, when the Drivers filed a mandamus petition in that Court. We argue that the FAA does not apply because the Plaintiffs are really employees as a matter of law, and FAA section 1 exempts interstate transportation employees such as the Plaintiffs (and the AAA does not apply to employees). Under the terms of the Order, Swift and IEL, as well as the District Judge, are given 14 days to respond after which Plaintiffs will have 5 days to reply. Drivers Opposition to Swift Appeal Filed Posted August 28, 2017. Posted January 11, 2017. See the post above dated Monday, August 2, 2010 for fuller information. No Money down. Public Transport in Amsterdam 7:59 am. The Court adopted Plaintiffs proposal. Click here for a sample letter to use. Yes! While GSD does not expect a quick settlement, we are confident of our chances of ultimate success in this case. Click here to read the brief filed with the Court. If you received a settlement check and need IRS tax forms, please contact the settlement administrator, Settlement Services Incorporated, at 844-330-6991 or claims@ssiclaims.com. InMontalvo v. Swift Transportation Co. of AZ, LLC,andCalix v. Central Refrigerated Service, Inc.,the plaintiffs claimed that Swift and Central violated various California state laws for failing to pay drivers minimum wage for the time spent at Swifts and Centrals new hire orientation in California from July 12, 2007 to July 10, 2015. WOW! And you wonder whats wrong with the industry ? Recent Filings and Decisions Posted August 18, 2015. WOW! Its all the other mega companies: Schneider National, Warner, JB Hunt, England,you name it. Please be patientU.S. Employees with a truck payment, and they will deserve it. If you would like to join, please navigate toSwift Justiceand click Join the Case., Waiting On the Ninth Circuit Court of Appeals Posted on January 4, 2013. Loaner truck program based on availability 4. 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. (15 Opinion Denying Mandamus.pdf 73KB). The Court has not set a date for oral argument. If any employee suffered retaliation, Swift and IEL would be liable for double the injury caused by retaliation against an employee. Click here to review plaintiffs letter brief. Another thing is we run husband & wife team. Swift asked the Ninth Circuit to stay its decision requiring the District Judge to determine if the drivers are employees or contractors. Click here to review the Plaintiffs motion for reconsideration. Schipol airport to Rotterdam 12:39 pm. Try CR England our for size !! The Qualcomm message with the notice shall be sent on three consecutive days, starting February 27, 2017. I do agree there are way too many frivolous law suits going on. We are located immediately next to New York Thruway Exit 18, which has ample truck parking just at the toll plaza. Better throw in interstate distributor Inc too. You'll drive for the carrier who leased your truck to you. 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. If you need to update your mailing address or other contact information, please contact the settlement administrator, Settlement Services, Inc., at 844-330-6991. I can almost hear the other companies re-drafting their lease agreements lol. For more information on arbitration cases generally, see http://www.tlpj.org the website of a public interest law firm primarily working on arbitration issues. This case was also handled by Martin & Bonnett, co-counsel for the drivers in this case. No donation is too big or small. 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. Any truckers who are part of this case, or who are considering whether to join this case, are welcome to stop by Getman Sweeney to discuss the case and your individual facts. Swift has also asked the court to stay all proceedings pending appeal. We use cookies to improve your experience on our site. Because the release language in the settlement could be taken to mean that Owner Ops give up claims which are being raised in this case: such as whether Swift engaged in Forced Labor by using the DAC Report to force drivers to continue to work for Swift, Getman Sweeney is extremely concerned that settlement is not in any Owner-Operators interest. Click here to read the Court of Appeals ruling. But CDL driver still has to be in the truck. Flight or Eurostar from London to Amsterdam 10:28 am. Our motion seeks to stop Lease collections efforts against truckers until the Court determines if the Lease is lawful. A lot of owner/ops lease on with other companies. According to the SEC filing, Moyes will stay on as a board member, taking a salary of $200,000 per month or $2.4 million per year. JUDGE SEDWICK GRANTS PRELIMINARY SETTLEMENT APPROVAL - Posted May 8, 2019. We have filed discovery demands asking Swift and IEL to provide documents we believe will be primary evidence in the case. (2nd amended stamped.pdf 946KB) Defendants have not yet answered the complaint, as their motion to transfer venue allows them to avoid this requirement for the time being. Taylor Swift has told a federal court that she wrote all of the lyrics to her 2014 hit "Shake It Off," and said she had never heard of the group 3LW or their 2001 song "Playas Gon' Play" before a . 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. The courts video feed of the argument is available here. The class action complaint alleged that the drivers were really employees of Swift and were misclassified as ICs. In the meantime, we await Judge Sedwicks decision on the Drivers most recent motion for sanctions. Click here to read Plaintiffs Response Brief. Swift Settlement Update Posted March 12, 2020. Until then, we wait. We will post additional analysis of the decision in the next few days! (billing dispute form.pdf 6KB) If you wish to send your own letter or are not a plaintiff in this case, please make sure you send the letter by certified mail, return receipt requested. Click here to read a copy of the petition for mandamus. 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. February 10, 2021. Swift and IEL have refused to pay the AAAs fees necessary to permit the arbitrations to go forward and under the AAAs arbitration practices, these individual arbitrations can only occur once the Plaintiff pays substantial filing fees, or agrees to incur additional indebtedness to later pay such filing fees. No big company is going to pay you for each & Every actual mile you drive. The courts final approval order is available here. By checking this box and clicking the "Send me job offers" button below, I represent that I: By checking this box and clicking the "Send me job offers" button below. (Sending the case to arbitration would likely result in denial of class certification and would be prohibitively expensive to bring on an individual basis). Specifically, Plaintiffs argue that the Court may only send a case to arbitration if either the Federal Arbitration Act (FAA), or the Arizona Arbitration Act (AAA) applies. Settlement Services, Inc. (SSI) Claims Administrator: 844-330-6991, Filing/Postmark Deadline for Disputes as to Calculations: October 15, 2019, Swift Settlement Update Posted August 16, 2019. Western express is next in line for a audit in cheating thousands of drivers out of wages and home time. Mr. Bell, If the settlement is approved by the Court, it will resolve the claims of roughly 20,000 owner operator drivers (since 1999) in this case. The claims administrator, Settlement Services, Inc., will begin mailing out settlement checks within ten days after the funding of the QSFMonday, April 6. We will post more information as it becomes available. This is typical of complex cases such as this one. 352 Drivers Join Lawsuit Against Swift August 8, 2013, As of this date, 352 drivers have joined the lawsuit against Swift Transportation. Class A Drivers.com offers a full host of recruiting solutions to fit your needs. On February 27, 2018, the Ninth Circuit stayed this case pending a decision by the Supreme Court in the New Prime v. Oliveira case, in which the Court considered whether the Federal Arbitration Act applied to interstate truckers. No person who has joined this lawsuit by filing a consent to sue should participate in such a meeting without the presence of a lawyer from Getman Sweeney. . I struggle to make ends meet and pay my taxes each and every year which is yet another struggle. The Court has now seta schedule for determining a critical issue in this case. Its disturbing that alot of workers side and defend big corporations that screw them over. I agree with you 100 %. When your on title as leese you have skin in the game. While the case As is the case with any Class Action lawsuit, the settlement is subject to approval by the court. The case law supports Drivers view. Finally someone had defined what independent means..thank you. U.S. District Judge Sedwick issued a decision today that the five Plaintiffs who brought this case are employees as a matter of law, for purposes of the Federal Arbitration Act. I was owner operator in swift transportation for over five years my home terminal was Wilmington,CA. While positions were discussed, no resolution was reached at that time and no further on-going discussions are currently planned. The months where I was on the road actually working, The miles they pay me doesnt match the miles I drove. Swift filed two appeals with the 9th Circuitan interlocutory appeal and a Petition for Mandamus, both essentially arguing the same issuethat the discovery and scheduling order that Judge Sedwick issued amounts to a trial on the merits of the case, and prejudices the defendants. The 9th Circuit Court of Appeals has set March 16, 2018, at 9:30 a.m. PST to hear oral arguments on Swifts appeal of the District Courts January 2017 ruling that this case cannot go to arbitration because the named-plaintiff drivers were/are employeesnot independent contractorsas a matter of law. I think as long as you own the truck and your name is on the title also you should be fine. Sac_County Iowa Prosecutor Ben Smith pays $750,000 to settle Ripoff Report 1983 civil rights lawsuit.. Federal Judge stops prosecutors abuse of power against ED Magedson Founder of Ripoff Report . public transport to Haarlem. The cases are in a legal limbo as the AAA recognizes that the arbitration clause drafted by Swift and IEL requires an arbitrator to determine whether the claimants are exempt from having to pay the filing fees. Depositions of company officials may not be available, for example. But we still make that weekly truck payment. "We know that starting and running your own truck driving business can be risky . Click here to read Plaintiffs Reply brief. This ruling will be appealed, swift could be sold, bankrupted etc..The Lawyers will drag this out for years. On January 5th, U.S. District Court Judge John Sedwick ruled in favor of the owner-operators who claimed that Swift had illegally classified them as independent contractors instead of employees. Us xpress Motor carrier company Chatanooga tn Bait and switch scam for lease purchase. (FINAL PI BRIEF_AZ.pdf 207KB). This is a significant victory for the Drivers in this case. The Court will also hear arguments regarding Swiftsmandamuspetition; Swift contends that the District Court should not have lifted the stay on discovery, granting Plaintiffs access to Defendants records of those drivers who may have claims in the case. You forgot Prime and Knight. Plaintiffs continue to try to work this process out with the AAA. Money 8:14 am. You need to know about the ticket before you purchase it. Go to the Haas Bergman (spelling may be incorrect) website and checkout their lawsuits. March 8-14, 2023 Trip to Amsterdam 1:49 pm. SSI will also set up a settlement website to give important information about the case and provide forms to Class Members, including claims forms and change of address forms. Judge Sedwick did not rule on the Plaintiffs motions, but did rule that the case must go to arbitration. Plaintiffs moved to dismiss that appeal, but that motion was denied by the Circuit. Click here to review defendants letter brief. We will post further updates as information becomes available. You know what this means?! (277 Motion to Lift Stay, Motion to Vacate.pdf 317KB), Oral argument was held by the 9th Circuit on the Plaintiffs Mandamus Petition. During the legal battle, Swift argued that drivers could choose to refuse loads, or take loads from other companies. 1 Year Protecting Claims Here From Ellis v. Swift Posted October 7, 2014. Click here to see the First Amended Complaint. (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. Trucking and transport services : Us xpress. Too many drivers and society as a whole are looking for handouts, something for nothing. X | CLOSE. Click here to read the Plaintiffs motion papers. 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. We will post further updates shortly to let you know just how we intend to use this ruling to ultimately prevail and force Swift to comply with the law. Hire drivers on, as lease operators. Click here to read Plaintiffs opening Appeal Brief. Click here to see Swift and IELs reply. Thats what they said about consolated freight ways. The effect of these twin doctrines has been that employees and consumers are shunted into a forum favorable to the companies that support them and they are barred from taking action collectively. First, Plaintiffs ask the Court to forbid Swift from taking collections measures (including negative DAC reports) on any driver deemed to be in default. Second, Plaintiffs ask the Court to forbid Swift from requiring drivers to agree to contract changes under threat of being put in default.Click here to read the brief in support of Plaintiffs PI motion. This tactic was fully expected. We also seek to stop Swift from making mid-term changes disadvantageous to drivers to the ICOA contract. Im sure Swift was astonished that their arbitration agreement was rejected. Yet I would bet that this fat cat just like trumpet pays zero taxes. The parties expect Judge Sedwick to rule shortly on the issue of the scope of discovery and trial. If you are being billed for the full amount of remaining lease payments, download and attach the declaration of Ms. Parrish in that post which states that IEL does not actually collect full remaining lease payments. We are 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. The 9th Circuit Court of Appeals has agreed to to permit an appeal of Judge Sedwicks decision to send the case to arbitration. Please select the number of verifiable months youve been driving professionally using your Class A CDL within the last 3 years. Click here to review the 9th Circuits decision. Furthermore, in accordance with the Courts order compelling arbitration, on October 8, 2010, Plaintiffs have filed a demand for arbitration with the AAA on behalf of all Plaintiffs, including those who have already joined the case. Judge Berman found that most of the events involved in the suit emanate from Arizona and that therefor the suit should be transferred. Pretty much that is all carriers none that I know actually pay you for the amount of miles you actually run hell on weeks where I do eventually put in a 3000 mile pay week I pretty much put in about 3300 to 3500 and we have to always log everything we do because of dot saying if we are away from home we are working so then they should start paying us for that. (7-1 D Response to Writ of Mandamus of Real Parties In Interest.pdf 1MB) The Section 1 exemption to the FAA exempts contracts of employment of any other class of workers engaged in foreign or interstate commerce. The question to be decided by the Court of Appeals is who must decide whether the ICOA is really a contract of employment, the District Court or the arbitrator. Plaintiffs expect that the District Courts order of January 6, 2017 will almost certainly be summarily affirmed and Swifts appeal will be dismissed. While this issue is pending, the drivers have served discovery demands on Swift for documents and data related to the employment/contractor misclassification question and are awaiting Swifts response. 6-11 Months A jury has ruled in favor of pop superstar Taylor Swift in a high-profile case in Denver. This stay application is not surprising, since Swift has shown it will do anything it can to avoid or delay having the Court hear the drivers case. Further, please let Getman Sweeney know if you have been overbilled by defendants, or threatened with the higher charges. On Wednesday, August 28, 2013, the Ninth Circuit notified us that we are on the Courts schedule for oral argument on November 4, 2013. Now well find out how to go from here to a final resolution.. Swift then filed Motions to Compel Discovery of Plaintiffs (646and649) on July 22nd, and filed Motions for a Protective Order (652and654) on July 20th. The most important result of this decision is that the case cannot go to arbitration, as Swift argued it should, and will instead remain in the federal court where it was initially filed. In the meantime, the Ninth Circuit stay means that our case cannot proceed until these issues are resolved by the Supreme Court. Because the release language in the settlement could be taken to mean that Owner Operators give up claims which are being raised in this case, such as Swifts and Centrals failure to pay Owner Operators minimum wage during the time they hauled freight for Defendants, Getman Sweeney is extremely concerned that the Montalvo/Calix settlement is not in any Owner-Operators interest. Drivers disagree, maintaining that this information is necessary for the Judge to be able to rule correctly on the question. Im currently being sued by my dads ex girlfriend for his estate. The settlement cannot take effect until the Court approves it, and the approval process will consider comments from the affected drivers. last edited on Thursday, March 11 2010 at 12:30pm, Posted on Friday, February 19 2010 at 1:08pm, Judge Berman also imposed the following case management plan directing that discovery begin in the case. My truck is dying. 01:05 PM. Posted on Tuesday, June 14 2011 at 2:45pm, Plaintiffs have filed a motion with the District Court to have the case returned to the District Court in light of the high expenses that would be required for individuals to arbitrate their claims. On March 3, 2010, defendants filed their reply papers asking Judge Berman to transfer the case to Arizona. A Magistrate Judge has not yet been assigned. Plaintiffs counsel will oppose this motion shortly. A tentative settlement was reached between the parties which called for each owner operator to receive $50 in settlement of these claims. 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. On May 24th, 2017, Swift filed an appeal to the Arizona District Courts Order and Opinion (Jan. 2017) in which the District Court ruled that the five named-plaintiff drivers are employees, not independent contractors as a matter of law, for the purposes of 1 of the Federal Arbitration Act. I daily would put in a minimum of 1.5 hrs of work prior to getting driven mileage for my pay. Dan Getman, the attorney for the plaintiffs in this case will be speaking about the Swift case with Evan Lockridge on his show the Lockridge Report, Thursday, February 11, 2010, on Sirius XM Satellite Radios Road Dog Trucking channel 147 (the Lockridge Report airs weekdays 2 pm eastern/1 pm central). Plaintiffs filed their Opposition to Defendants Motion to Compel Arbitration of the claims in this case. We expect the checks will be mailed in mid-April 2020. Major Preliminary Victory! On Feb. 4, a federal court in the Northern District of Iowa denied in part and granted in part CRST's bid to dismiss a class action lawsuit. The Swift lawsuit commenced in the federal district court for Arizona. 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. Supreme Court Denies Swifts Motion to Hear Case June 16, 2014. After those papers are filed with the Court, the matter will await decision by the District Court. Please refer to a prior article where I discussed important elements that an arbitration agreement for independent contractors and employees should include. Click here to download a sample letter form to a debt collector, Swift or IEL. Oral Arguments for both the interlocutory appeal and the Petition for a Writ of Mandamus have been scheduled for Monday, November 16, 2015 9:00 A.M. Swift pay scale has always been off cause they trained you and baby sat you through your diaper months. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Create a free website or blog at WordPress.com. (4 Order re Response to Mandamus.pdf 28KB) A writ of mandamus is an extraordinary remedy and one that the Court does not generally grant. Swift filed itsresponse. Once the appeal is fully briefed the court may or may not assign a date for oral argument. We are still awaiting a hearing date from the 9th Circuit Court of Appeals for oral argument, and will update the website when it is known. Cons Don't plan on being home , the cost of your lease will eat up that hometime. On November 6, the 9th Circuit Court of Appeals ruled that the District Court erred by sending the case to arbitration. Plaintiffs continue to believe that the District Court erred by referring to the arbitrator the question of whether the case is exempt from arbitration under Section 1 of the Federal Arbitration Act. Well, in the end, they will lose the independence that comes from being an independent contractor. Class actions allow employees to work together to gather evidence, and reduce costs by spreading the costs over a much larger group. The attorneys for the Plaintiffs in the Van Dusen case are: DAN GETMAN, GETMAN, SWEENEY & DUNN, PLLC., (845) 255-9370. I have nothing to say. Plaintiffs have also served a subpoena on QualComm to obtain evidence of instructions (demonstrating control) that Swift or IEL sends drivers considered to be owner operators. Even though Swifts position is wrong, Swift asked both the Arizona Court and the 9th Circuit Court for a stay of the case while they appeal Judge Sedwicks most recent scheduling and discovery decision. And to make matters worse, Judge Sedwick ruled in such a way that no appeal of his ruling is permitted, until after the arbitration occurs. Author: TN, Chatanooga. Please read your notice carefullyit includes important details about the case and the settlement, including your options and the deadlines to exercise those options.