Robert S. Boulter
www.boulter-law.com

T 855-372-6529

C.J. Krawczyk
Benjamin Glicksman
Kravit, Hovel & Krawczyk S.C.
www.kravitlaw.com
T 414-271-7100

Jon Harper
Heather Sneddon
Anderson & Karrenberg, P.C.
www.aklawfirm.com
T (801) 534-1700

You may e-mail us directly at info@crenglandclassaction.com
 

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The use of the Internet or this form for communication with the firms or any individual member of the firms does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By accepting the terms of use of this site, you acknowledge and affirm under penalty of perjury under the laws of the United States that the information you have submitted, if any, is true and accurate, that it has been provided for a lawful purpose, that you have not adopted a false name or likeness for purposes of transmitting the information, and that you are not a representative of defendants C.R. England, Inc., Horizon Truck Sales and Leasing, LLC, and/or Opportunity Leasing, Inc. or otherwise acting on their behalf or on behalf of any affiliate thereof.


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Frequently Asked Questions


Below are some frequent questions about the C.R. England class action case. If you don't find the answers here, please contact one of the representing attorneys.


Questions:

1. What is this lawsuit about?

2. What is a class action?

3. Who are the plaintiffs in this case?

4. Who are the attorneys bringing this case?

5. Am I a member of the class represented in this case?

6. What do I have to do to be in the class?

7. How can I find out more?

8. How can I help?

9. What will class members get if C.R. England loses or settles?

10. Will it cost me anything to be included in this case?

11. How long will the case take?

12. What if I have other issues against C.R. England or Horizon?

 

Answers:

1. What is this lawsuit about?

On May 27, 2011, Robert S. Boulter filed a class-action lawsuit on behalf of Charles Roberts and Kenneth McKay and those similarly situated lease drivers against Defendants C.R. England, Inc. and Horizon Truck Sales and Leasing, LLC.

The suit charges that defendants engaged in a fraud scheme to defraud class members out of money and labor via the lease driver program. Among other claims, the class-action complaint alleges that Defendants’ used false income statements and fail to disclose the high failure/turnover rate among to secure class members’ agreement to become lease drivers. Defendants also deceptively seek lease drivers by baiting the general public with advertisements for “guaranteed” employee “company driver” positions and then using fraudulent and manipulative techniques to switch candidates into the lease driver program. .

Plaintiffs Charles Roberts (Roberts) and Kenneth McKay (McKay) were among many victims of Defendants’ fraudulent scheme. Copies of the complaint are available in the case documents section of this website.
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2. What is a class action?

A class action is a suit brought by individuals on behalf of a large group of people with the same basic claims. Plaintiffs believe there are more than 14,000 drivers who have claims common and typical to them. If the requirements are met, class members are automatically covered by the suit, unless they ask to be excluded. The case either goes to trial or the claims are resolved before trial in a settlement for the entire class.
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3. Who are the plaintiffs in this case?

The plaintiffs in this case are Charles Roberts (Roberts) and Kenneth McKay (McKay) and they are two of many victims of Defendants’ fraudulent scheme. At all material times they were California residents. They were induced by Defendants’ advertising and subsequent phone calls Defendants made to California to enroll and pay for Defendants’ driving school in Mira Loma, CA and subsequently became lease drivers for Defendants.

Mr. Roberts and Mr. McKay are also the named representatives of the class. In other words, they have filed the suit not just for themselves, but for all lease drivers of defendants during the applicable statutes of limitation.
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4. Who are the attorneys bringing this case?

Three firms are working together on this case; their lead lawyers are listed in parenthesis:

Robert S. Boulter, www.boulter-law.com, a San Rafael, CA based franchise law attorney.

Kravit, Hovel & Krawczyk S.C., www.kravitlaw.com, a Milwaukee WI based law firm (Stephen Kravit, C.J. Krawczyk, and Benjamin Glicksman).

Anderson & Karrenberg, PC, www.aklawfirm.com, a Salt Lake City, UT based law firm (Thomas Karrenberg, Jon Harper and Heather Sneddon).

These firms have extensive class action and complex commercial litigation experience.
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5. Am I a member of the class represented in this case?

This case has not yet been certified as a class action but it has been brought on behalf of current and former lease drivers. The class will not include any time spent as an employee of CR England. The plaintiffs are engaged in discovery and gathering information regarding the suitability of the case for class action treatment. As soon as practicable, a motion will be filed before the court to certify the class. At this point in time, it is unknown exactly how the class will be comprised. The plaintiffs Roberts and McKay will seek to define the class in as broad a fashion as they can in order to include as many persons as possible. More likely than not, the furthest the plaintiffs’ claims will be able to go back is six years prior to the filing of the complaint. The defendants will attempt to rely upon their form contracts, which purportedly provide for a short two-year statute of limitations regarding all claims. Plaintiffs will challenge the applicability of this contract limitations period in favor of otherwise applicable law. It is unknown at this point how the court will rule on these issues.

If you are or were a lease driver for C.R. England, you do not have to do anything at this time to be included in the class. At some point in the future, you may be asked if you want to exclude yourself from the class, and, probably much later, you might be asked to file a claim form if you wish to share in any settlement. But for now, you needn't do anything.

We nevertheless would like to hear from you. Please click here to contact us.
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6. What do I have to do to be in the class?

Nothing at this time, except please click here to provide us with a current address and basic information so we can a make sure that we can contact you if needed.

If your address or situation changes, please update your information by clicking here.
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7. How can I find out more?

You can keep track of this case by periodically checking this website. We will post major developments, pleadings, and press releases. If you would like to speak to one of our attorneys, please contact us through this website or call 1-855-372-6529.
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8. How can I help?

You help this case by contacting us and providing relevant information. You can also help this case by sharing this website with other current or former C.R. England lease drivers. And you can help this case by providing information about other witnesses who may have helpful information.

If you were a lease driver for C.R. England and Horizon and feel that you have been wronged by them you might consider helping by filing a complaint about them with the certain governmental agencies including each of the following: the Federal Trade Commission, the Utah Attorney General, the Utah Division of Consumer Protection, the Indiana Attorney General (if you signed your lease and contractor agreement in Indiana) and the appropriate authorities in the State in which you live or lived while a lease driver. We have provided a contact list of some of these government agencies for your convenience on the Government Agencies page.

If you have documents such as settlement statements, lease contract, independent contractor contract, the CR England business guide, please let us know and retain them.
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9. What will lease drivers get if Defendants lose or settle?

Plaintiff is seeking an order to reform England’s practices, and to recover damages for the lease drivers who have been victims of its scheme. Plaintiff also seeks punitive damages. No amount has been set yet.
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10. Will it cost me anything to be included in this case?

No. There is no cost to you to be part of this case.
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11. How long will the case take?

As with any large case, this case may be subject to delays and appeals and may take several years to get to a final resolution. Currently, the Court's scheduling directives require plaintiffs to file their reply briefing in support of the motion for class certification on April 29, 2014.  A hearing will be held August 12, 2014 on defendants' pending summary judgment motions and also on plaintiffs' class certification motion.  All other dates in the Fourth Amended Scheduling Order trigger off the date of Judge Shelby’s decision on class certification.
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12. What if I have other issues against C.R. England or Horizon?

This case only involves company-wide claims involving fraud and statutory violations. You may have other claims. We are generally not handling these other claims. However, if you believe you have other claims, please contact us and we will try to refer you to the right place.
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