Fritsch v. Swift Transportation Co. of Arizona, LLC (“Swift Transportation”) is a putative class action against Swift Transportation on behalf of yard hostlers in California. It is a yard hostler overtime class action against Swift Transportation brought under California law.
What is the latest update in the case?Last updated: November 1, 2018 at 18:18 pm
The case is currently in progress. No trial date has been set.
On February 1, 2018, the court certified the class in this action. The class certification order is below. The class includes current and former yard hostlers of Swift Transportation in California. The notice of class certification that was mailed to each class member is also below. If you did not receive the notice, please contact our firm asap.
On June 19, 2018, Swift Transportation removed the case (again) to the United States District Court for the Central District of California. The case is currently pending in federal court.
What is the case about?
Plaintiff Grant Fritsch (“Plaintiff”) has filed a proposed class action and PAGA lawsuit against Swift Transportation. Plaintiff seeks to represent all employees who worked as yard hostlers in California between December 7, 2011 and the present. Plaintiff alleges that he and those similarly-situated employees have not received full and correct pay for all hours worked.
Swift Transportation denies Plaintiff’s allegations and contends that it fully complied with California law. Swift Transportation also contends that Plaintiff may not bring his lawsuit as a class action or for the benefit of any employees other than himself.
The Court has not yet decided these issues.
Where is the case pending?
The case is currently pending in the United States District Court for the Central District of California as Case number 5:18-cv-01306 JGB (SPx), before the Honorable Jesus G. Bernal. Case filings are available at www.pacer.gov.
Prior to removal, the case was pending in the San Bernardino County Superior Court as Case No. CIVDS1518012. The case is assigned to the Honorable David S. Cohn.
Who are the lawyers representing the class?
The class is represented by two law firms: Strauss & Strauss, APC and Palay & Hefelfinger, APC.
Who is in the class?
The court has not yet certified the class. It is not until such time that the “class” has a legal definition. However, at this time, the putative class is defined as “All employees of Swift Transportation Co. of Arizona, LLC, who have worked in California between December 7, 2011 and the present as yard hostlers, who do/did not cross state lines in performance of their duties, and have not received full and correct pay for all hours worked.”
I think I am a class member. What should I do?
Please contact Strauss & Strauss directly for more information. Call us at (805) 641-6601.
Key Documents in the Case
Class Certification Order
Plaintiff’s Third Amended Complaint
Defendant’s Answer to Third Amended Complaint