OOIDA Wins Round In Lumping Suit
February 5, 1999
The Owner-Operator Independent Drivers Assn. won a round in its lawsuit against a Michigan product packing house regarding a lumping complaint.
The court granted OOIDA’s motion to compel Michigan Repacking and Produce Co. to furnish OOIDA attorneys with information critical to the association’s complaint. The court’s order allows OOIDA to move forward with the discovery phase of the case.
The civil suit was filed in April 1998 by OOIDA and owner-operator Doug Bailey of Ravenna, OH. It charges that Michigan Repacking and Produce violated federal law by coercing drivers into paying gate fees and lumping charges in order to get their trucks unloaded. The case had reached an impasse over the exchange of specific documents during the discovery stage of the lawsuit.
The documents in question would identify all drivers making deliveries to the defendant for one year, including the terms and conditions for payment to drivers for those deliveries, including gate and unloading fees. The company also was ordered to provide any documents reflecting agreements with brokers or other representatives concerning gate and unloading fees.