The parties held a mediation on October 21 in San Francisco, with a private mediatorMark Rudy. (277 Motion to Lift Stay, Motion to Vacate.pdf 317KB), Oral argument was held by the 9th Circuit on the Plaintiffs Mandamus Petition. Due to the size of the class, it may take some time for class members to receive their notices. These companies know exactly how many miles it is dock to dock or address to address. 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. http://www.ca9.uscourts.gov/media/view_subpage.php?pk_id=0000007482, Plaintiffs filed reply papers in the 9th Circuit Court of Appeals in support of our petition for mandamus directing the District Court to hear the question of employment status before sending the case to arbitration. 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 . The Ninth Circuit ruled that the Court must decide whether this case is arbitrable under the Federal Arbitration Act (FAA) or not before sending the case to arbitration. GPS! Settlement Update Posted January 14, 2021 http://www.ca9.uscourts.gov/media/view_subpage.php?pk_id=0000007482. All of these depositions went very well, all resulting in good testimony on the record. If a driver participates in such a meeting, he or she should request a copy of any papers that they are asked to sign. Oral argument is open to the public. 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. I intend to find out. These companies are just trying to offset the cost of doing business with these people saying that you can own your own truck and have your own business. CDL Grad, No Experience Click here to review the defendants papers. last edited on Wednesday, October 20 2010 at 5:33pm, Posted on Tuesday, October 19 2010 at 6:08pm. Plus tankers hookup and pump. We expect the checks will be mailed in mid-April 2020. (ltr to Berman stamped 3.24.10.pdf 2MB), Posted on Wednesday, March 24 2010 at 4:14pm, Defendants have requested Judge Berman to give them permission to make a motion to dismiss the case in favor of arbitration. Click here to review the Courts Decision. Loaner truck program based on availability 4. 4 Years Since Judge Sedwick has refused Swifts motion for a stay, Swifts filings in the Ninth Circuit should do nothing to derail the inevitable progress of this case toward discovery and dispositive motions by December 2015, and if necessary, a trial shortly thereafter. An audio recording of the argument will be available to the public the day after the argument athttp://www.ca9.uscourts.gov/media/, Swift Transportation Acquires Central Refrigerated. For the most part, Swift has refused to participate in discovery, though this may change in light of the Courts ruling today. Click here to see Swift and IELs reply. The settlement puts an end to the lawsuit that was filed nearly 12 years ago. Over the past several weeks, Plaintiffs deposed Swift and IEL, and Swift deposed the five Named Plaintiff drivers. The appeal was fully briefed seven months ago on May 1st, 2012. The parties filed competing proposals for how the issue should be decided. The lawsuit also detailed that. Edward Tuddenham argued the motion for Plaintiffs. Things to Consider in a Lease Purchase Trucks, like any piece of equipment, will require repairs and the costs to cover are the responsibility of the owner-operator. We will know soon whether the Supreme Court will decide to stay the decision while it decides whether to hear the case. They and their teams of lawyers can simply remove the constitutional guarantee of a court or jury from those who would sue them. Swift is also self insured. Its the main reason why I went LTL/union. The courts final approval order is available here. In order for all 15,000 other drivers to see any payment from Swift, a new lawsuit will have to be filed on their behalf. It is not known what amount will be assigned to each driver, but if it is similar to the Central Refrigerated case, Swift could be looking at a payout of a quarter of a BILLION dollars. Swifts Increasing Desperation Posted February 26, 2015. Drivers who received demands for all remaining Lease payments following a default should show this Parrish affidavit to any collections agency or credit reporting agency. Id like to see a computer do all the physical labor. Click here to review plaintiffs letter brief. According to court documents, Swift Transportation is agreeing to pay $7.25 million. A class-action against Swift itself would be much larger, involving up to 15,000 drivers, said Mr. Getman, who also represents the Central Refrigerated drivers. The company provides truck drivers with well-maintained equipment, affordable weekly payments as low as $405 and a 12-36-month lease. Your getting ripped off. As employees, Swift would need to have paid drivers at least minimum wage, and drivers would have been eligible for benefits including health insurance. Rather, wait until you have received your individual notice, which is due to be mailed mid-to-late June. I think that this is the lease purchase they are referring to because I was with central refrigerated when they first got the kenworth w900 back in 2005 and they pulled that crap with me. The Order compelling arbitration, sent to the arbitrator the question of whether the FAA applies. 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. Click here to read Plaintiffs opening Appeal Brief.Click here to read Defendants Response.Click here to read Plaintiffs Reply Brief. They will be what they claim to want to be. We do get ripped off a lot. Swift replied to Plaintiffs response to their motions to compel discovery (674) on August 14th. Defendants have already contacted the Courts chambers to request information from the Court on how to delay all briefing on the plaintiffs motion while defendants get their motion to send the case to arbitration ready, which is due by May 25, 2010. Defendants are also directed to send a copy of the notice via first class mail to those same drivers. 01:05 PM. The case law supports Drivers view. I do agree there are way too many frivolous law suits going on. Swift along with many other these major trucking companies short many drivers on pay they work for. Try CR England our for size !! The Ninth Circuit Court of Appeals issued a ruling today holding that a Court must determine whether the Federal Arbitration Acts exemption for employees in interstate commerce applies to truck drivers such as the Plaintiffs in this case. Plaintiffs have filed 57 separate arbitration demands with the American Arbitration Association for the issues presented in this case. Each side will have 20 minutes to present their argument and respond to the Judges questions. We expect the checks will be mailed in mid-April 2020. We do not anticipate that the acquisition will affect either our litigation against Swift Transportation or our litigation against Central Refrigerated. See the post above dated Monday, August 2, 2010 for fuller information. The company is obviously continually, rolling over the saved fuel money & or, pocketing it themselves. Corruption abounds. Aside from the fact that I dont have to deal with load boards. Click here to review the Plaintiffs motion for reconsideration. 888-927-9914. (Sending the case to arbitration would likely result in denial of class certification and would be prohibitively expensive to bring on an individual basis). The case in the district court will continue on the same schedule the judge set, and at the same time, both parties will argue the appeals. Flight or Eurostar from London to Amsterdam 10:28 am. The lawsuit claims one portion of the scheme alone a $50K broker fee per lease could have cost the retailer at least $40M in excess payments. I hope this gets the industry straightened out for the better. On Friday, January 6th, the Court ruled in favor of the drivers with respect to arbitrationthe case will remain in federal court. If the Court finds the Drivers to be employees, it could not send the case to arbitration at all. If the drivers are employees, the case cannot be sent to arbitration. 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. Plaintiffs also filed aMotion to Compel defendants to testify [in depositions] (Docket #644)on July 13th. Theyre also suing swift for using a payscale that pay less than what the driver actually drove. 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. 30 day Appeal Period ends Saturday, March 6th (this is the settlement effective date). I have nothing to say. The issue of whether drivers were treated by Swift as employees is now moving closer to resolution. Plaintiffs filed their Oppositions to both sets of motions (665and671) on August 3rdand August 6th. In that brief, the drivers will argue that Judge Sedwicks decision allowing discovery is hardly a final order and no statute confers the right to an appeal from this order. I drove for Swift Trans from May 1990 to Oct 2011, all but the 1st 6 yrs as an O/O. The Court also extended the discovery period by seven months, to give the parties time to complete discovery on the relevant issues. TheNew Primecase is not yet set for argument, but it will likely be during the October 2018 termand a final decision on the issue will not happen until sometime after that. Response to Motion, 695 MOTION for Late Filing of Reply for Plaintiffs Motion for Sanctions, REDACTED Montalvo v. Swift Final Objection to Settlement, 631 P. MOTION to Compel Discovery Responses1, 644 MOTION to Compel Defendants to Testify, 645 ORDER granting in part and denying in part, 665 P. RESPONSE in Opposition re 646 649 MOTIONS to Compel Discovery Responses and Request for Sanctions in the Amount of 7500, 671 RESPONSE in Opposition re 652 and 654 MOTION for Protective Order, 674 D. REPLY to Response to Motion 646 MOTION and 649 MOTION, 672 REPLY to Response to Motion re 644 MOTION to Compel Defendants, 3 Real Parties In Interests Opposition to Petition For Mandamus, 637 ORDER of USCA denying appellants motion for stay of district court, 631 P. MOTION to Compel Discovery Responses, 634 Def Opp to Pls Motion to Compel Discovery1, 635 REPLY to Response to Motion re 631 MOTION to Compel Discovery Responses, 622 ORDER the court does not find the motion 612 is frivolous and that sanctions are warranted, 546 ORDER that the plaintiffs approach to what is required by the remand order is correct1, 605 ORDER denying Ds Motion to Determine Appropriate Standard, 546 ORDER that the plaintiffs approach to what is required by the remand order is correct, 566 D. MOTION to Stay Ds Motion to Determine Appropriate Standard1, 566 D. MOTION to Stay Ds Motion to Determine Appropriate Standard, 48 Memorandum in Support re 47 MOTION for Settlement objection, 57 STIPULATED ORDER re Stipulation of Settlement Agreement and Release and Claims, STC 321 ORDER that plaintiff's motion at [315] is GRANTED i(2), STC 300 P. Reply to Response to Motion re [277] Motion, STC 287 D Opp to Pl. Some info here. Its about time that a court stepped in and said, no more. We will post new updates as information becomes available. Click here to read the Court of Appeals ruling. (69-2 Supplemental Memorandumn.pdf 133KB), Posted on Wednesday, March 31 2010 at 4:21pm. The pending motion for a preliminary injunction will be refiled in Arizona. Pretty soon theyll tell you we pay as the crow flies. Jan 21 2020. Lease purchase Lease Operator (Former Employee) - Cedar Rapids, IA - November 16, 2021 This is a great company to lease purchase a truck with, you have to be able to plan your own loads and not wait for a dispatcher. The courts video feed of the argument is available here. The decision could possibly have huge ramifications for up to 15,000 former Swift drivers, and even owner-operators with other companies. The reason for this is because most of them pay from zip code to zip code only. Court Sets Argument on Temporary Restraining Order and Stay Posted February 6, 2017. March 2, 2023 Late last year, an allegedly shortchanged Swiftie named Michelle Sterioff filed a class-action lawsuit against Live Nation and Ticketmaster over the Eras Tour fiasco. Posted on Tuesday, June 29 2010 at 11:33am, Plaintiffs have renewed their motion for a preliminary injunction in this case. Motions to Compel, Motions for Sanctions, and Appeals Posted October 27, 2015. If any employee suffered retaliation, Swift and IEL would be liable for double the injury caused by retaliation against an employee. Getman Sweeney has prepared a short video about the status of this case, particularly addressing the pending appeal of Judge Sedwicks decision to send this case to arbitration. Its BS! (172 D Response to P Motion for PI.pdf 125KB) Drivers who have information contrary to the claims raised by Swift are urged to call Getman Sweeney and speak with Janice or Kathy. This will effect the renta truck guys more than anything. (187 p Reply in Support MOTION to Certify Class.pdf 78KB), Posted on Tuesday, July 20 2010 at 2:33pm. You may be part of the class action if the Court later certifies the case as a class action. However, certain claims under the Fair Labor Standards Act are not covered in the case until your Consent to Sue Form is returned to the plaintiffs attorneys and then filed with the Court. 1975 X $.90= $1777.00 The fuel for trip is calculated as being aprox $1056.63. Does anyone have a number for the person to contact about the status, I am one of these drivers in the lawsuit against Swift, I was told to show proof of overtime worked by supplying my settlement for the nine years I was an owner operator with swift, three days ago Monday, 11 March, I was told that Swifts records show that I did not work the hours that I say I did and I have proof, so there for I will probably not be compensated , word True, I am going to just keep my fingers crossed and see what becomes of all of this, it has been about 10 years now in the making, will keep posted. Plaintiffs argument is based on the fact that the Lease agreement demands that claims be litigated in Court, that the ICOAs arbitration provision conflicts with the Lease and is superceded by it. 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. Itis yet to be determined how much each driver will receive in compensation and Swift is currently appealing the decision. (300 P. Reply to Response to Motion re [277] Motion.pdf 101KB) Defendants filed a motion requesting the opportunity to file a sur-reply and that motion was granted by the Court. In order to argue against Plaintiffs motion for a preliminary injunction barring Swift and IELs collections for the full amount of the remaining lease payments following their putting a driver in default status, Swift has filed a remarkable affidavit, stating that Defendants will demand the full remaining lease payments in its demand from drivers, but will not, in fact, seek all remaining payments. My lease with Landstar states in bold print that I am not a Landstar employee. A Transportation Law Blog from TransportationAttorneys.NET. Furthermore , this entitlement generation and epidemic is further fueled by greedy bottom feeding lawyers who advertise every where you turn. AVAYA HOLDINGS CORP. (NYSE: AVYA) SHAREHOLDER CLASS ACTION ALERT: Bernstein Liebhard LLP Reminds Investors of the Deadline to File a Lead Plaintiff Motion in a Securities Class Action . You have to be the smart guy and know how to ripoff the guy(company)with the money. Unfortunately, Judge Sedwick ruled that the Swift arbitration agreement compels all issues in this case to be heard by an arbitrator, rather than the Court. Class A Drivers.com offers a full host of recruiting solutions to fit your needs. 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. The case raises class action claims under the law of contract, and under various state laws which also protect workers from unlawful deductions (so far, the state laws of New York and California, however additional state statutes will apply to workers in other states). We lease now and loads have dropped to almost no pay. Meanwhile, Swifts mandamus petition and appeal of the District Courts decision to hold a trial of employment status are pending before the Ninth Circuit Court of Appeals. Recent Filings and Decisions Posted August 18, 2015. Swifts arbitration clause was found unenforceable when the district court judge ruled it was a contract of employment that is exempt from arbitration under the Federal Arbitration Act (FAA) and the Arizona Arbitration Act. If the Supreme Court does not stay the case while it considers whether or not to take the case, the current stay will expire. While positions were discussed, no resolution was reached at that time and no further on-going discussions are currently planned. State statutory and contract claims have different limitation periods (six in NY, four in CA). last edited on Friday, December 10 2010 at 12:53pm, Posted on Monday, December 6 2010 at 9:29am. Swift has repeatedly asked the Court to consider whether the drivers are employees based only on the contract and lease. I would think your response is wrong as they let you haul freight from approved carriers on there list. Sick humor. Wonder if this why I was just fired last week from swift as they said was from log violations. Under the federal minimum wage law, back pay and an equal amount of liquidated damages are claimed for each violation. Plaintiffs have asked Judge Sedwick to reconsider his decision to send this case to arbitration. As this case moves toward its inevitable conclusion, Swift continues to make numerous efforts to delay the day of decision. public transport to Haarlem. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Also, on the plus side for Plaintiffs, arbitration is a much more streamlined process and Swift is unlikely to be able to tie up the litigation for long periods of discovery in which they would be able to depose and question truckers for months or years before trial. Class actions allow employees to work together to gather evidence, and reduce costs by spreading the costs over a much larger group. If you have not heard from us individually by mid-September, please contact the office for further advice concerning how to handle claims in the Ellis case. Following a hearing held in Phoenix, AZ on April 18th, Judge Sedwick granted preliminary approval to the Settlement on April 22nd. (175 Declaration of Elizabeth Parrish 172 Response to Motion.pdf 297KB) Thus Swift and IEL are admitting that they overbill drivers, but stating that they will not actually pursue such overbilled amounts. 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. After all of the briefing is complete (by September 16, 2016), the Court will rule on the misclassification issue. I daily would put in a minimum of 1.5 hrs of work prior to getting driven mileage for my pay. The company you lease from owns the truck. Article. Even though I can tell them door to door what the miles are. With a lot of big rigs costing between $80,000 and $200,000, the only option is to seek lease purchase trucking companies to help pay for your rig. Highly paid execs dont leave companies when its a merger. Swift has filed a petition for certiorari with the Supreme Court asking the high court to hear Swifts challenge to the Ninth Circuits decision that the District Court must decide whether the Federal Arbitration Act applies to this case before sending the case to arbitration. Flatbeds, tarp, chain and strap. 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. On Wednesday, August 28, 2013, the Ninth Circuit notified us that we are on the Courts schedule for oral argument on November 4, 2013. Click here for a sample letter to use. They will be left with less freedom to make their own load and schedule choices. For the same reasons set forth in detail at docket 605, the court rejects Defendants arguments once again. Think of it $200,000 A MONTH!!! 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. This will ABSOLUTELY be over turned. Settlement checks are scheduled to be mailed beginning next week (April 6-10). To find out more, read our privacy policy . Swift has found a way to make a truck appreciate in value as it gets beat to death! Funny how you should mention that in January, and 3 months later its a reality. We are on the same page when it comes to Monthly Six figure golden parachutes for PT work. Yes! (Def. The company people use it on vacation, that few of the drivers get to take! On March 3, 2010, defendants filed their reply papers asking Judge Berman to transfer the case to Arizona. Itll be a cold day in Hell before these guys see a dollar of this money. [The Ninth Circuit Court of Appeals] requires the [Arizona District] court to look at the economic realities of the parties working relationship and not just the contract at issue or the parties subjective intent. Plaintiffs have amended the complaint to raise claims under the federal Forced Labor statute, 18 U.S.C. Although the dispatchers will help you in a time of need. (223 Order and Opinion Compelling Arbitration.pdf 60KB) Remarkably, Judge Sedwick entirely failed to address the primary argument advanced by the Plaintiffs, that is, that the arbitration clause in the ICOA was flatly contradicted by the clause in the Lease, strictly requiring the claims in this Case to be heard in Court. 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. Today, Swift has fileda petition for Mandamusasking the Ninth Circuit to rule that Judge Sedwick acted in clear error by stating he will consider evidence beyond the contract and that no other legal avenue is available to correct this error. This case was also handled by Martin & Bonnett, co-counsel for the drivers in this case. (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. Road Trip from London to Holland for Tulips. And Uncle Sam needs to put em in jail too for even thinking about trying to avoid their responsibility to their drivers and people wonder why rates wont rise yet the same rats that are getting away with this are the same that keep running to DC to get all types of laws passed to drag down the little man that plays by the rules??? #3 Lease purchase is bad! We are hopeful that if the settlement is finally approved it will result in payments early in 2020. When Does AB5 and The ABC Test Apply to InterstateTrucking? A federal judge on Thursday denied a request by Taylor Swift to throw out a copyright infringement suit accusing her of stealing lyrics in her 2014 . Your email address will not be published. The Ninth Circuit yesterday gave Plaintiffs good news when it ruled that the petition for a writ of mandamus raises issues that warrant a response. Dont be stupid. The Swifties are seeking a penalty of $2,500 for each violation, which could add up, based on the millions of angered fans who did not receive tickets. 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. Published Dec. 10, 2021 Updated Dec. 13, 2021. They only put his name on lease papers..but my money pays truck payment the same as his.
