Van Dusen, et al. v. Swift Transportation Co. of Arizona, LLC, et al.

Case No. CV-10-899-PHX-JWS | Deadline to file Claims, Objections, Exclusions: December 14, 2019

About This Website

This website provides information about the settlement in a federal class action, Virginia Van Dusen, et al. v. Swift Transportation Co., Inc, et al., pending in the United States District Court for the District of Arizona. The settlement in this case covers a class of drivers who leased a truck from Interstate Equipment Leasing, LLC (formerly known as Interstate Equipment Leasing, Inc.) (“IEL”) and signed contractor agreements to drive those trucks for Swift Transportation Co. of Arizona, LLC (formerly known as Swift Transportation Co., Inc.) (“Swift”) at any time from December 22, 1999 through January 1, 2019. The case alleges that Swift, IEL, and two individuals named Chad Killebrew and Jerry Moyes (collectively known as “Defendants”) misclassified drivers as independent contractors, failed to pay them minimum wages, violated the federal forced labor statute, and that drivers’ leases and contractor agreements were unconscionable. The Defendants deny the claims. The parties reached a tentative settlement to avoid further protracted litigation and its associated costs and risks. If you are a member of the class, you may be entitled to a share of the 100-million-dollar settlement fund.

If you are in the class in this case and did not previously file a Consent to Sue form (i.e., you did not previously “opt-in”) and want to receive your share of the Settlement Fund, you must fill out, sign, and mail or email the “Claim Form and Consent to Sue” and W-4 Form to the Claims Administrator, or complete the forms online (see below), no later than the 14th day of December, 2019. In exchange for the money you receive, you agree to give up (release) all claims or potential claims you may have against Defendants and related entities arising prior to January 1, 2019 relating to your lease(s) with IEL and your contractor agreement(s) with Swift, as described more fully in the Settlement Agreement. The Settlement Agreement, the Notice and other important related documents are available for viewing or downloading on this website in the Documents section. Answers to Frequently Asked Questions can be reviewed in the FAQs section of this website.

To file a claim from this website, fill out the forms below.

Claim Form And Consent to Sue

United States District Court
District of Arizona

Virginia Van Dusen, et al. (Plaintiffs) v. Swift Transportation Co., Inc, Interstate Leasing Inc., Jerry Moyes, Chad Killibrew (Defendants)

No. CV-10-899-PHX-JWS

I leased a truck from Interstate Equipment Leasing, LLC (formerly known as Interstate Equipment Leasing, Inc.) and was treated by Swift Transportation Co. of Arizona, LLC (formerly known as Swift Transportation Co., Inc.) as an owner-operator for some period of time on or before January 1, 2019 and I hereby consent to sue Defendants in this case and to participate in the settlement proposed in this case.

I understand that by signing this Consent to Sue and Claim Form, if the Settlement is approved by the Judge, then as of the effective date of the Settlement, I am choosing to receive my share of the Settlement Fund and that in exchange for that money I am releasing Swift and related entities from the Released Claims described in the Settlement Agreement.

Claim Form

  • Electronic Signature

  • Date Format: MM slash DD slash YYYY
  • Contact Details

  • Form W-4 Information

    Note: If married filing separately, select “Married, but withhold at higher Single rate.”
    If "Yes," then you must call 800-772-1213 for a replacement card.
  • I claim exemption from withholding for 2019, and I certify that I meet both of the following conditions for exemption. 1) Last year I had a right to a refund of all federal income tax withheld because I had no tax liability, and; 2) This year I expect a refund of all federal income tax withheld because I expect to have no tax liability.

  • Electronic Signature

    Under penalties of perjury, I declare that I have examined the above W-4 Information and, to the best of my knowledge and belief, it is true, correct, and complete.
  • This field is for validation purposes and should be left unchanged.