A judge has set a Sept. 18 trial date for the certified class action of owner-operators against Gilbert Express, Inc.
Magistrate Judge Susan D. Wigenton of the U.S. District Court for the District of New Jersey signed the order On May 30.
The Owner-Operator Independent Drivers Association (OOIDA), with members Donald and Katie Knight and Clyde and Rose Marie Brandt filed suit against Gilbert Express in October 2000, claiming violations of the federal truth-in-leasing regulations, fraud and conversion. In the complaint, Gilbert Express is accused of violating the truth-in-leasing regulations by forcing its leased operators to buy insurance through its own program. The case also accuses Gilbert of forcing contracted truckers to purchase and/or lease Qualcomm from the carrier and not paying interest on escrow accounts. These and other violations of the truth-in-leasing regulations are alleged to have resulted in substantial unauthorized deductions to owner-operator compensation.
In February a judge gave owner-operators allegedly wronged by the New Jersey motor carrier permission to proceed as a class action. As a result of that order, the plaintiffs represent an estimated 1,000 owner-operators.
In another recent lawsuit filed by OOIDA on behalf of members, the U.S. District Court for the Western District of Missouri granted an injunction against Ledar Transport of Kansas City from moving freight with leased equipment based upon leases that do not meet federal requirements.