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Garza v. Swift Transportation Co., Inc.

Superior Court of Arizona, Maricopa County  -  Case No. CV2004-001777

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Frequently Asked Questions

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Basic Information

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1. Why did I get the notice?

Swift’s records show that you are included in this class action lawsuit. The notice explains that the Court has allowed, or “certified,” a class action lawsuit. You have legal rights and options, explained above, that you must act on by September 13, 2013. Judge Gama of the Superior Court of Arizona, Maricopa County is overseeing this class action. The lawsuit is called In re Swift Transportation Co. Inc., CV2004-001777.

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2. What is this lawsuit about?

Mr. Garza claims that Swift paid its drivers based on mileage figures taken from the Household Movers Guide, which, on average, are less than the actual miles they drove while working for Swift. Mr. Garza further claims that (1) Swift’s failure to disclose this information to its drivers is a breach of all drivers’ contracts; and (2) its use of mileage figures that are less than the actual miles Swift’s employee-drivers drive for Swift is an additional breach of the employee-drivers’ contracts. The lawsuit seeks money for damages Class Members allegedly suffered as a result. Swift denies that it is liable for any damages. No decision has been made about whether Mr. Garza or Swift is right. Mr. Garza will have to prove the Class Members’ claims at a trial.

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3. What is a class action?

In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of other people who have similar claims. Together these people are called a “Class” or “Class Members.” One court resolves the issues for everyone in the Class, except for those who ask to be excluded.

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4. Who represents me?

The Court appointed Hagens Berman Sobol Shapiro LLP to represent you as “Class Counsel.” The Court also appointed Mr. Leonel Garza to represent you as Class Representative. If Mr. Garza prevails on behalf of the Class, Class Counsel may ask the Court for fees and expenses. You will not have to pay any of these fees and expenses. If the Court grants their request, the fees and expenses may either be deducted from any money obtained for the Class or may be paid separately by Swift. You may hire your own lawyer to appear in Court for you, but if you do, you will have to pay that lawyer.

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5. What happens if I do nothing at all?

If you do nothing, you are choosing to stay in the Class. This means you will be legally bound by all orders and judgments of the Court, whether favorable or not, and you will not be able to sue or continue to sue Swift about the legal claims in this case separately. If money or benefits are awarded or obtained, you will be notified and given instruction on how to share in the money and/or benefits.

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6. What happens if I ask to be excluded?

If you exclude yourself, you cannot get any money or benefits from this lawsuit if they are awarded or obtained, but you will keep any rights to sue Swift for the same claims in a different lawsuit, now or in the future. If you exclude yourself, you will not be bound by any orders or judgments in this case.

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7. How do I ask the Court to exclude me from the Class?

To ask to be excluded, send a letter postmarked by September 13, 2013 to In re Swift Transportation Inc. Administrator, c/o KCC Class Action Services, P.O. Box 43190, Providence, RI 02940-3190. Your letter must state that you want to be excluded from In re Swift Transportation Co. Inc., CV2004-001777 and include your name, address, and signature.

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8. How do I get more information?

You may call 1-866-677-4812 or write to In re Swift Transportation Inc. Administrator, c/o KCC Class Action Services, P.O. Box 43190, Providence, RI 02940-3194.

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