Abarca v. Werner Enterprises, Inc. Class Action Website

  1. Am I being sued?
  2. What is this lawsuit about?
  3. Who are the Defendants?
  4. How do I know if I am part of this class?
  5. Are there exceptions to being included?
  6. How do I remove myself from the class?
  7. What happens if I do nothing?
  8. Who is the Class Counsel?
  9. Where can I get more information?
  1. Am I being sued?

    No.

    Top

  2. What is this lawsuit about?

    This case (the “Lawsuit”) was originally filed on June 4, 2014 in the Superior Court of California, County of Alameda and was later removed to federal court and transferred to the District of Nebraska. The Plaintiffs in the Lawsuit are Ezequiel Olivares Abarca, Alfredo Alesna, Jr., David Cagle, Stephen L. Davis, Frank Eads, William Smith and Kenneth J. Surman.  Plaintiffs have alleged that Werner violated both Nebraska and California law in several ways: (1) Werner's mileage-based pay system failed to compensate drivers for all hours worked; (2) Werner took unlawful deductions from drivers' wages; and (3) the wage statements that Werner provided to drivers were inaccurate and inadequate. Plaintiffs also claim that, while drivers worked in California, they were not provided meal and rest breaks required under California law, and that Werner's labor practices violate California's unfair competition law. The Lawsuit seeks unpaid wages, penalties, and interest.

    Top

  3. Who are the Defendants?

    Werner Enterprises, Inc. and Drivers Management, LLC (collectively, “Werner”)

    Top

  4. How do I know if I am part of this class?

    On March 20, 2018, the Court ordered that the Lawsuit may proceed as a class action on behalf of two classes:

    1) All qualified truck drivers who, while residing in California and working for Werner, picked up or dropped off at least one load in California at any time since June 4, 2010. The claims on behalf of this class are only for work performed in California.

    2) All truck drivers who worked or work as qualified drivers for Werner at any time since June 4, 2010. 

    Top

  5. Are there exceptions to being included?

    If you remain in the class, you will be bound by any judgment or settlement reached in this Lawsuit and may be entitled to compensation if Plaintiffs prevail or a settlement is reached on behalf of the class. You will also give up the right to bring or participate in any action based upon the same conduct that may be alleged in the Lawsuit against Werner.

    Top

  6. How do I remove myself from the class?

    You have the right to exclude yourself from the class and this Lawsuit.  If you wish to exclude yourself from the class and not participate in this Lawsuit, you must mail a request for exclusion to the Claims Administrator: Abarca v Werner Enterprises Inc, Claims Administrator, P.O. Box 404081, Louisville, KY 40233-4081. To be valid, your request should contain your name, phone number, address, email address, and signature; the name of the case; and a statement that you wish to exclude yourself from the class.  You are not required to provide any reason for your decision.  For your request to be valid, it must be postmarked no later than December 8, 2018. If you exclude yourself from the class, you will not be eligible to receive any compensation if Plaintiffs prevail on their claims, but you will also not be bound by the judgment or settlement in this case.

    Top

  7. What happens if I do nothing?

    You do not have to do or pay anything to be part of the class and you do not have to do anything at this time to confirm that you are a member of the class. Class Counsel, whose contact information is listed below, will represent the class in the Lawsuit at no out-of-pocket cost to you. If you wish, you may also hire your own counsel to represent you and participate in this Lawsuit on your behalf.

    Top

  8. Who is the Class Counsel?

    The Court has found that the lawyers listed below are adequate to represent the class in this Lawsuit. If you have any questions regarding this notice or the Lawsuit, please contact any of the following attorneys, who represent Plaintiff and the class:

    David Borgen, Of Counsel
    dborgen@gbdhlegal.com
    James Kan
    jkan@gbdhlegal.com
    Raymond A. Wendell
    rwendell@gbdhlegal.com
    GOLDSTEIN, BORGEN, DARDARIAN & HO
    300 Lakeside Drive, Suite 1000
    Oakland, CA 94612
    Tel: (510) 763-9800
    Fax: (510) 835-1417
    Website: http://www.gbdhlegal.com

     

    James M. Sitkin
    jsitkin@sitkinlegal.com
    LAW OFFICES OF JAMES M. SITKIN
    One Kaiser Plaza, Suite 505
    Oakland, CA 94612
    Tel: (415) 318-1048
    Fax: (415) 362-3268
    Website: http://sitkinlaw.justia.net

    Justin L. Swidler
    jswidler@swartz-legal.com
    Richard S. Swartz
    rswartz@swartz-legal.com
    SWARTZ SWIDLER, LLC
    1101 Kings Hwy. N. Ste 402
    Cherry Hill, NJ 08034
    Tel: (856) 685-7420
    Fax: (856) 685-7417
    Website: http://www.swartz-legal.com

    William Turley (CA SBN 122408)
    bturley@turleylawfirm.com
    David Mara (CA SBN 230498)
    dmara@turleylawfirm.com
    Jamie Serb (CA SBN 289601)
    jserb@turleylawfirm.com
    TURLEY & MARA LAW FIRM, APLC
    7428 Trade Street
    San Diego, CA 92121
    Tel: (619) 234-2833
    Fax: (619) 234-4048
    Website: http://www.turleylawfirm.com

    Top

  9. Where can I get more information?

    This notice does not fully describe the Lawsuit. You may inspect the Court’s files at the United States District Court for the District of Nebraska, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Suite 1152, Omaha, NE 68102, from 9:00 a.m. to 4:00 p.m., Monday through Friday (https://www.ned.uscourts.gov).

    Top