Mr. Bell, There are many other examples that I cant think of at the moment, but you get the gist. 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. Many owner operator drivers who have turned in their trucks, or who have had their trucks repossessed, have received debt collection notice letters from IEL or collection agencies working on its behalf (for example Partners Financial or ACRS). Ellisis a case challenging Swifts failure to give notice of consumer background information. Employees with a truck payment, and they will deserve it. The lawsuit was initiated December 2009, originating with Swift Transportation prior to the Knight Swift merger. 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. 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 We will file our Motion for Summary Judgment on the Federal Arbitration Act Section 1 Exemption in mid-June, and defendants will have a month to respond to our motion. any other class of workers engaged in foreign or interstate commerce. Swift claims that the drivers are not employees and the drivers claim that they are employees as a matter of law, and thus, under the Section 1 exemption, that the Court must decide this case rather than an arbitrator. Plaintiffs have amended the complaint to raise claims under the federal Forced Labor statute, 18 U.S.C. Parties Met for Mediation, Waiting on Hearing Date Posted November 16, 2017. Plaintiffs Move to Enjoin New 2017 Contract, Certify Class and Collective; Swift Moves to Stay Posted January 31, 2017. The Ninth Circuit may take as long as it wishes, either to schedule argument or to decide the appeal without argument. Motion to Vacate Stay.pdf 1MB) Plaintiffs will file a reply brief shortly. I dont believe none of this. I will probably not have anything close to 2k when I am forced to stop due to ill health. in Collinge.v.Intelliquick finding drivers very similar to Swift drivers to be employees as a matter of law, Opposition to Swifts Petition For Mandamus, denied Swifts motion to delay the proceedings, Click here to review the Courts Decision, a schedule for determining a critical issue in this case, Click here to review the stipulation and Order, Click here to read Swifts petition for certiorari. 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. This is true regardless of whether or not you have already signed the new ICOA. 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. (226 Motion for Reconsideration re Order on Motion to Certify Class.pdf 45KB) Reconsideration is not commonly granted, but in this case, Plaintiffs believe the Court overlooked clear law. I received a letter in the mail last summer about a class action suit against swift transport . Alternatively, Plaintiffs requested that the Court grant an immediate appeal. The motion asks the Court to rule that Plaintiffs are likely to win the case on the issue that the Lease/ICOA is unconscionable. Specifically, Plaintiffs claim that the ability of Swift to fire owner operator drivers for any reason or no reason, to then declare this firing as a default by the driver, to take repossession of the truck and still demand all payments that would have been due, even though the driver no longer has the truck, are so unfair as to be unconscionable under the law. Change). Swift also couldnt defeat the class action by way of a class action waiver. Its the main reason why I went LTL/union. 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. 2 Years Click here to read Plaintiffs Response Brief. 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. Click here to read Plaintiffs opening Appeal Brief.Click here to read Defendants Response.Click here to read Plaintiffs Reply Brief. 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. 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. Many drivers are also being pressured by their Driver Managers/Driver Leaders to sign, and it appears that the DMs/DLs are similarly being pressured to push their LOs to sign. January 5, 2018 at 4:29 a.m. EST. Judge Sedwick denied Plaintiffs motion for reconsideration(229 ORDER FROM CHAMBERS denying Plaintiffs Motion for Reconsideration.pdf 13KB). The Order compelling arbitration, sent to the arbitrator the question of whether the FAA applies. This turnkey program is designed for our dedicated owner operator and does not require previous equipment ownership. This ruling will be appealed, swift could be sold, bankrupted etc..The Lawyers will drag this out for years. Now well find out how to go from here to a final resolution.. 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. Shortly thereafter, Swift moved the Court to reconsider this order. Posted on Wednesday, March 31 2010 at 4:20pm. TheNew Primecase held that the Federal Arbitration Act (FAA) Section 1 Exemption also exempts independent contractor agreements for workers in interstate transportation (such as truckers) from mandatory arbitration in federal courts. SETTLEMENT SERVICES, INC. (SSI), at 844-330-6991. The Settlement Notice is scheduled to be mailed today, August 16, 2019. last edited on Monday, December 6 2010 at 9:39am, Posted on Wednesday, October 20 2010 at 5:32pm. last edited on Wednesday, July 27 2011 at 2:46pm, Posted on Thursday, June 30 2011 at 4:01pm. 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. Video Update About Status Of The Case Posted on January 25, 2012. The argument will be handled by Edward Tuddenham for the Plaintiffs. Thats what they said about consolated freight ways. (2.22 Def Letter Reply re Venue.pdf 354KB) The matter now sits with Judge Berman. . Change), You are commenting using your Facebook account. I know right?? 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. On Wednesday, August 28, 2013, the Ninth Circuit notified us that we are on the Courts schedule for oral argument on November 4, 2013. Jury rules in favor of Taylor Swift in groping case | CNN The purchase option balloon . On July 15th, 2015, Judge Sedwick granted the Drivers motion to compel discovery responses (see update dated August 18, 2015), ordering Swift to produce the requested documents, yet Swift has refused to comply with those requests. 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. Plaintiffs objected, noting that the Lease agreement requires that claims be heard in Court. 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. Why you waited until they stab you? (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. The Swift Transportation settlement is on schedule, and we do not anticipate any delays. or less. Over the past several weeks, Plaintiffs deposed Swift and IEL, and Swift deposed the five Named Plaintiff drivers. The attorneys are handling this case on a contingent basis and will only be paid when we win through a settlement or final judgment. If a driver participates in such a meeting, he or she should request a copy of any papers that they are asked to sign. Perhaps this is whats behind Moyes stepping down, though dont worry that hes going to be hurting, considering his 200k a month golden parachute. Hell do just fine. Arkansas has no common law marriage so her lawsuits shouldnt even go through. 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 driver code of WIRDA1 or give them my truck number 222999. (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. The law of truck driver misclassification as independent contractors continues to develop, with many courts finding drivers misclassified. The court expects to hear argument on the motion during the week of February 13, 2017. Posted January 11, 2017. 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. Click here to review our letter brief. (287 D Opp to Pl. For several years, And the California Labor Board (known formally as the Dept. Money 8:14 am. After this order, Judge Sedwick denied Plaintiffs request that he certify the issue to the 9th Circuit Court of Appeals. last edited on Wednesday, February 10 2010 at 4:49pm, Posted on Thursday, December 24 2009 at 3:04pm. Drivers disagree, maintaining that this information is necessary for the Judge to be able to rule correctly on the question. We do not anticipate that the acquisition will affect either our litigation against Swift Transportation or our litigation against Central Refrigerated. Plaintiffs ask the Court to find that the lease and ICOA are unconscionable as a matter of law and that Swift misclassifies owner operators as independent contractors, instead of treating them as employees as the law requires.