Owner-Operator Independent Drivers Ass'n v. Mayflower Transit, Inc.

204 F.R.D. 138, 2001 U.S. Dist. LEXIS 18413, 2001 WL 1401212
District Court, S.D. Indiana·Decided November 5, 2001·No. Nos. IP 98-0457-C B/S, IP 98-0458-C B/S·Published·Cited by 5 cases

Opinion

ENTRY ON PLAINTIFFS’ MOTIONS TO CERTIFY CLASSES

BARKER, District Judge.

I. Introduction.

This Entry concerns two class actions, each consisting of approximately 1,000 plaintiffs. The plaintiffs are owner-operators of truck tractors who contract with Mayflower or Mayflower’s agents to haul goods nationwide.1 The cases are before us on plaintiffs’ motions to certify the respective classes.2 Notwithstanding the presence in Case No. 0457 of two representative plaintiffs not named in Case No. 0458, the issues on certification are sufficiently similar to warrant discussion together.

The plaintiffs in Case No. 0457 allege that Mayflower has breached federal Truth in Leasing regulations by failing to return “cash deposits” and/or fuel-tax moneys maintained in federally-regulated escrow accounts within 45 days after Mayflower’s lease contracts with the owner-operators terminated. They seek to certify a class consisting of all independent truck owner-operators who entered into regulated leases with Mayflower, directly or indirectly through Mayflower’s agents, and who have each paid money into an escrow or “cash deposit” account held by Mayflower or its agents, and/or have had state fuel-tax credits withheld by Mayflower or its agents.

The plaintiffs in Case No. 0458 allege that Mayflower has breached the same federal Truth in Leasing regulations by overcharging owner-operators for insurance products purchased by owner-operators through May[141]*141flower or its agents. The plaintiffs allege that Mayflower properly deducted amounts from owner-operators’ compensation, but acted unlawfully in deducting more than the insurance products actually cost. They seek to certify a class consisting of all independent truck owner-operators who entered into federally regulated leases either directly with Mayflower or indirectly through Mayflower agents, and for whom either Mayflower or its agent obtained insurance policies and charged back monies for those policies to the owner-operators.

For the reasons that follow, we GRANT plaintiffs’ motions to certify both classes, subject to the conditions addressed below.

II. Nature of the Case.

A. The Parties.

The Owner-Operators Independent Drivers Association (OOIDA), a class representative in both Case No. 0457 and Case No. 0458, is a non-profit association of individuals who own or control truck tractors and who haul property on the nation’s highways. The owner-operators act as independent contractors who lease their equipment and services to motor carriers authorized by the Department of Transportation (DOT) to contract with shippers for the transport of property. Mayflower is such an “authorized carrier” within the meaning of 49 C.F.R. § 376.2(a). Mayflower provides transportation services to consumers under DOT’s governing authority.

OOIDA also represents owner-operators in judicial and legislative forums. Its membership consists of some 40,000 owner-operators who operate some 66,000 trucks throughout the United States and Canada. OOIDA has lobbied on behalf of owner-operators for legislation involving the regulation of leases and private rights of action for owner-operators against carriers. Johnston Aff. ¶ 2.3

The individual class members are owner-operators who have entered into regulated leases with Mayflower or with Mayflower authorized agents. John Neidig, a proposed representative in both Case No. 0457 and Case No. 0458, was an owner-operator who held lease contracts with Glen Ellyn Moving and Storage and Gazda Moving and Storage, both agents of Mayflower’s. Neidig Dep., 11-12, 15-16, 19. Deductions were made from Mr. Neidig’s compensation and held in accounts for the payment of fuel taxes and for other expenses. Neidig Dep., pp. 27-30. Mr. Neidig also complains that he purchased insurance products through Mayflower agents and was overcharged for those products. Neidig Dep., pp. 29-30, 41-42, 61-71.

Marc Dudgeon is an owner-operator. He owns his own trucking company and has entered into lease agreements with Mayflower agents. Dudgeon Dep., pp. 6-7, 16-17. Deductions were made from his compensation for fuel taxes and for other expenses. Dudgeon Dep., pp. 28-29, 52-53. WoodChuck Leasing is a trucking company that leases trucks and drivers to regulated carriers. Its president is Worthy Chambers. Chambers Dep., 8, 11, 15. Mr Chambers is Wood-Chuck’s only driver and Wood-Chuck owns only one truck. Chambers Dep., p. 15. Wood-Chuck had lease contracts with Glen Ellyn Moving and Storage. Chambers Dep., p. 16. Glen Ellyn made deductions from Wood-Chuck’s compensation for expenses, but not for fuel taxes. Chambers Dep., 38-40.

B. The Regulated Lease Agreements.

Owner-operators such as the plaintiffs and carriers such as Mayflower enter into written lease agreements which are governed by federal statute, 49 U.S.C. §§ 14102 et seq., and regulations, 49 C.F.R. Part 376. Sometimes, owner-operators enter into lease agreements not directly with the carrier, but with the carrier’s authorized agent. As an authorized motor carrier, Mayflower is required by federal law to assume responsibility for its agents’ actions with respect to the services provided by the agents on Mayflower’s behalf.4 See OOIDA v. Mayflower, 161 F.Supp.2d 948, 958-59.

[142]*142The lease agreements governing the relationship between carriers and owner-operators are comprehensive and detailed. As to Case No. 0457, all of the lease agreements into which the plaintiffs have entered with Mayflower’s agents include provision for “cash accounts” and for fuel-tax credit accounts, which are “escrow funds” pursuant to 49 CFR §§ 376.20)5 and 376.12(k).6 During the term of their leases with Mayflower or its agents, portions of the owner-operators’ compensation — in practice varying between $1,000 and $2,500 — are deducted and maintained in “cash deposit accounts”; the money in these accounts is used for a variety of purposes, including to repay advances, to cover repairs, licenses, state permit costs, and the like. Such cash deposit accounts are maintained by Mayflower or its agents pursuant to federal regulations.

In addition, owner-operators’ compensation is also deducted and placed in fuel-tax credit accounts. The purpose of those accounts is to distribute to the respective states the amounts that each owner-operator owes in fuel taxes to each state in which his truck consumes fuel. Each state imposes a fuel tax based on the amount of fuel that tractor trailers consume in the state and not on fuel purchased within the state’s borders.

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Owner-Operator Independent Drivers Ass'n v. Mayflower Transit, Inc., 204 F.R.D. 138, 2001 U.S. Dist. LEXIS 18413, 2001 WL 1401212 (S.D. Ind. 2001).

204 F.R.D. 138 (Owner-Operator Independent Drivers Ass'n v. Mayflower Transit, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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