Market Run

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When running your freighter to market, always use a gun boat escort. It not only helps discourage unwanted attention but by using webs on the freighter it actually speeds the trip up significantly by causing the freighter to almost instantly jump to warp instead of the usual 30 minutes of aligning and accelerating.

Swift to give oral… arguments…

Oral Argument Date Set – Posted January 9, 2018

The 9th Circuit Court of Appeals has set March 16, 2018, at 9:30 a.m. PST to hear oral arguments on Swift’s appeal of the District Court’s January 2017 ruling that this case cannot go to arbitration because the named-plaintiff drivers were/are employees—not independent contractors—as a matter of law. Each side will have 20 minutes to present their argument and respond to the Judges’ questions.

Swift’s appeal does not dispute that the District Court reached the correct decision—that the Plaintiff drivers are employees under the law. 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.

The Court will also hear arguments regarding Swift’s mandamus petition; Swift contends that the District Court should not have lifted the stay on discovery, granting Plaintiffs access to Defendant’s records of those drivers who may have claims in the case.

Drivers had argued, successfully, that because this case has been slowed down, hindered, and repeatedly delayed for years by the Defendant, the information in Swift’s 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.

Typically, cases such as these are certified (or not) fairly early after filing and if certification is granted notice is mailed to all the people who might be eligible to join. Plaintiffs moved for collective action back in May of 2010— but this process was stopped in the summer of 2010 by Swift’s Motion to Compel Arbitration. Now that the Arizona District Court has ruled against Swift’s arbitration motion, and said that the case must remain in federal court, the next step after these appeals will be to revisit the class and collective action motions.

The 9th Circuit live-streams oral arguments, and archives them for viewing afterward. 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.

Parties Met for Mediation, Waiting on Hearing Date

– Posted November 16, 2017

In September, Swift requested Plaintiffs’ attorneys to engage in the first settlement mediation—this is the first movement toward settlement negotiation since the case was filed. The parties held a mediation on October 21 in San Francisco, with a private mediator—Mark Rudy. While positions were discussed, no resolution was reached at that time and no further on-going discussions are currently planned. This is typical of complex cases such as this one. While GSD does not expect a quick settlement, we are confident of our chances of ultimate success in this case.

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.