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Prime’s records show that you have attended D seat orientation and/or pre-CDL training, based in Springfield Missouri at some point since May 9, 2020. The Court has authorized issuing this notice to you regarding the Missouri Claims in this case. You have legal rights and options that you may wish to exercise. The Honorable Beth Phillips of the United States District Court for the Western District of Missouri is overseeing this lawsuit. The lawsuit is known as Peter Nyachira, on behalf of himself and all others similarly situated v. New Prime, Inc. , Case No. 6:21-cv-03211-BP.
On August 12, 2021, the Named Plaintiff filed this lawsuit in the United States District Court for the Western District of Missouri on behalf of himself and other similarly situated individuals who have attended orientation and/or training and/or have done team driving, alleging that Prime failed to pay minimum wage for all hours worked, including time spent in orientation and over-the-road training, and time spent riding in the cab (or front passenger seat), time logged as “off duty” while working, time logged as “on duty not driving” including time spent waiting, and/or excessive time spent in the truck’s sleeper berth. This notice concerns the claims under the Missouri minimum wage law for time spent attending D seat orientation and/or Pre-CDL training for Prime in Missouri since May 9, 2020 (“the Missouri Claims”) and the Missouri Claims class .
In a class action lawsuit, one or more people sue on behalf of other people who have allegedly similar claims. The Named Plaintiff in this case seeks to represent any and all individuals who have attended orientation and/or pre-CDL training, based in Springfield, Missouri since May 9, 2020. Prime is the Defendant in this case. Plaintiff’s goal in filing the class action is for one court to resolve the issues for everyone who is in the class for the Missouri Claims. To participate in the Missouri Claims class, you do not need to do anything, but to exclude yourself from the Missouri Claims class you must affirmatively exclude yourself, as described in Section 10 below.
Prime denies that it owes wages to individuals for orientation and/or pre-CDL training and also denies that it did not compensate drivers properly for team driving. Prime denies that it has violated any laws or owes any money to the drivers. Prime further asserts that class or collective action treatment of this case is inappropriate. Prime also contends that to the extent Plaintiff Nyachira and/or putative class members are entitled to damages, Prime is entitled to a setoff for any prior payments of wages or other consideration previously provided to those parties.
The Court has not decided who should win the case. By authorizing this notice, the Court is not suggesting that the Plaintiffs will win or lose the case.
Plaintiff seeks to recover any unpaid minimum wage owed to each individual who is in the class. Plaintiff also seeks “liquidated damages.” Under the Missouri Minimum Wage Law, this would triple the amount of any recovery of any unpaid minimum wages. In addition, Plaintiff seeks recovery of costs and attorney’s fees from Prime.
If you are still not sure whether you are included, you can contact the lawyers representing the Named Plaintiff in this case, using the contact information on the Contact Us tab of this website, who will provide you with a free and confidential consultation. You may also seek legal advice from any attorney of your choice at your own expense.
If you do nothing, you will continue to be part of the class for the Missouri Claims (if you attended orientation and/or pre-CDL training for Prime based in Springfield, Missouri at any time since May 9, 2020) and you will be bound by any judgment or settlement rendered in the case on the Missouri Claims, whether favorable or unfavorable to the class. You will also be represented by the attorneys below for the Missouri Claims.
If you choose to exclude yourself from the Missouri Claims class, you will not participate in those claims in the lawsuit and will not be bound by, nor will you receive any compensation from, any judgment or settlement relating to the Missouri Claims in this lawsuit. If you so choose, you may pursue your claims on your own, but the statute of limitations may continue to run on any claims you may have.
In order to exclude yourself from the class for the Missouri Claims, you must request to exclude yourself by making a request for
exclusion to the Administrator (contact information on the Contact Us tab of this website). The request for exclusion must include: (1) your name,
address, email address, and telephone number; (2) a statement that you request to be excluded from the Missouri Claims and
understand that you will not be eligible to recover damages as part of any settlement or judgment of the case; and (3)
your signature. You may also get an Exclusion Request form at the website,
www.primetruckinglawsuit.com.
You may submit the request for exclusion by mail, email, or facsimile. The request must be submitted or, if sending by mail,
postmarked by October 22, 2023. Alternatively, you can upload your Exclusion Request by October 22, 2023 to the website,
www.primetruckinglawsuit.com.
If you do nothing, thereby remaining in the Missouri Claims class (and/or if you have already filed a Consent to Join form relating to the Federal FLSA Claims in the case), you will be represented in this case by Virginia Stevens Crimmins, and Matthew R. Crimmins of the Crimmins Law Firm LLC of Independence, MO, Garrett M. Hodes of the Hodes Law Firm, LLC of Liberty, MO, and Hillary Schwab of Fair Work, P.C. of Boston, MA. Their contact information is on the Contact Us tab of this website.
The Named Plaintiff has entered into a contingency fee agreement with Plaintiffs’ counsel, which means that if there is no recovery, there will be no attorneys’ fees or costs chargeable to you. Under the fee agreement, in the event there is a recovery, Plaintiffs’ counsel will receive a percentage of any settlement obtained or money judgment entered in favor of all members of the class, subject to approval by the Court. It is possible that attorneys’ fees and costs may also be a part of any settlement or judgment obtained, which the Court may order be separately paid by Prime.
Prime’s records show that you have attended D seat orientation and/or pre-CDL training, based in Springfield Missouri at some point since May 9, 2020. The Court has authorized issuing this notice to you regarding the Missouri Claims in this case. You have legal rights and options that you may wish to exercise. The Honorable Beth Phillips of the United States District Court for the Western District of Missouri is overseeing this lawsuit. The lawsuit is known as Peter Nyachira, on behalf of himself and all others similarly situated v. New Prime, Inc. , Case No. 6:21-cv-03211-BP.
On August 12, 2021, the Named Plaintiff filed this lawsuit in the United States District Court for the Western District of Missouri on behalf of himself and other similarly situated individuals who have attended orientation and/or training and/or have done team driving, alleging that Prime failed to pay minimum wage for all hours worked, including time spent in orientation and over-the-road training, and time spent riding in the cab (or front passenger seat), time logged as “off duty” while working, time logged as “on duty not driving” including time spent waiting, and/or excessive time spent in the truck’s sleeper berth. This notice concerns the claims under the Missouri minimum wage law for time spent attending D seat orientation and/or Pre-CDL training for Prime in Missouri since May 9, 2020 (“the Missouri Claims”) and the Missouri Claims class .
In a class action lawsuit, one or more people sue on behalf of other people who have allegedly similar claims. The Named Plaintiff in this case seeks to represent any and all individuals who have attended orientation and/or pre-CDL training, based in Springfield, Missouri since May 9, 2020. Prime is the Defendant in this case. Plaintiff’s goal in filing the class action is for one court to resolve the issues for everyone who is in the class for the Missouri Claims. To participate in the Missouri Claims class, you do not need to do anything, but to exclude yourself from the Missouri Claims class you must affirmatively exclude yourself, as described in Section 10 below.
Prime denies that it owes wages to individuals for orientation and/or pre-CDL training and also denies that it did not compensate drivers properly for team driving. Prime denies that it has violated any laws or owes any money to the drivers. Prime further asserts that class or collective action treatment of this case is inappropriate. Prime also contends that to the extent Plaintiff Nyachira and/or putative class members are entitled to damages, Prime is entitled to a setoff for any prior payments of wages or other consideration previously provided to those parties.
The Court has not decided who should win the case. By authorizing this notice, the Court is not suggesting that the Plaintiffs will win or lose the case.
Plaintiff seeks to recover any unpaid minimum wage owed to each individual who is in the class. Plaintiff also seeks “liquidated damages.” Under the Missouri Minimum Wage Law, this would triple the amount of any recovery of any unpaid minimum wages. In addition, Plaintiff seeks recovery of costs and attorney’s fees from Prime.
If you are still not sure whether you are included, you can contact the lawyers representing the Named Plaintiff in this case, using the contact information on the Contact Us tab of this website, who will provide you with a free and confidential consultation. You may also seek legal advice from any attorney of your choice at your own expense.
If you do nothing, you will continue to be part of the class for the Missouri Claims (if you attended orientation and/or pre-CDL training for Prime based in Springfield, Missouri at any time since May 9, 2020) and you will be bound by any judgment or settlement rendered in the case on the Missouri Claims, whether favorable or unfavorable to the class. You will also be represented by the attorneys below for the Missouri Claims.
If you choose to exclude yourself from the Missouri Claims class, you will not participate in those claims in the lawsuit and will not be bound by, nor will you receive any compensation from, any judgment or settlement relating to the Missouri Claims in this lawsuit. If you so choose, you may pursue your claims on your own, but the statute of limitations may continue to run on any claims you may have.
In order to exclude yourself from the class for the Missouri Claims, you must request to exclude yourself by making a request for
exclusion to the Administrator (contact information on the Contact Us tab of this website). The request for exclusion must include: (1) your name,
address, email address, and telephone number; (2) a statement that you request to be excluded from the Missouri Claims and
understand that you will not be eligible to recover damages as part of any settlement or judgment of the case; and (3)
your signature. You may also get an Exclusion Request form at the website,
www.primetruckinglawsuit.com.
You may submit the request for exclusion by mail, email, or facsimile. The request must be submitted or, if sending by mail,
postmarked by October 22, 2023. Alternatively, you can upload your Exclusion Request by October 22, 2023 to the website,
www.primetruckinglawsuit.com.
If you do nothing, thereby remaining in the Missouri Claims class (and/or if you have already filed a Consent to Join form relating to the Federal FLSA Claims in the case), you will be represented in this case by Virginia Stevens Crimmins, and Matthew R. Crimmins of the Crimmins Law Firm LLC of Independence, MO, Garrett M. Hodes of the Hodes Law Firm, LLC of Liberty, MO, and Hillary Schwab of Fair Work, P.C. of Boston, MA. Their contact information is on the Contact Us tab of this website.
The Named Plaintiff has entered into a contingency fee agreement with Plaintiffs’ counsel, which means that if there is no recovery, there will be no attorneys’ fees or costs chargeable to you. Under the fee agreement, in the event there is a recovery, Plaintiffs’ counsel will receive a percentage of any settlement obtained or money judgment entered in favor of all members of the class, subject to approval by the Court. It is possible that attorneys’ fees and costs may also be a part of any settlement or judgment obtained, which the Court may order be separately paid by Prime.