Abarca, et al. v. Werner Enterprises, Inc., et al.

Case Summary

Case No. 8:14-cv-00319-JFB-MDN; and

Case No. 8:15-cv-00287-JFB-MDN

This case (the “Lawsuit”) was originally filed on June 4, 2014 in the Superior Court of California, County of Alameda and was later removed to federal court and transferred to the District of Nebraska. The Plaintiffs in the Lawsuit are Ezequiel Olivares Abarca, Alfredo Alesna, Jr., David Cagle, Stephen L. Davis, Frank Eads, William Smith and Kenneth J. Surman.  

Plaintiffs have alleged that Werner violated both Nebraska and California law in several ways: (1) Werner's mileage-based pay system failed to compensate drivers for all hours worked; (2) Werner took unlawful deductions from drivers' wages; and (3) the wage statements that Werner provided to drivers were inaccurate and inadequate. Plaintiffs also claim that, while drivers worked in California, they were not provided meal and rest breaks required under California law, and that Werner's labor practices violate California's unfair competition law. The Lawsuit seeks unpaid wages, penalties, and interest.

The Court has made no ruling for or against any of the claims being made in the case. The sole purpose of this website is to inform you of the Lawsuit so that you may make an informed decision as to whether you wish to remain in or opt out of this class action.


JOIN THE CLASS: You do not have to do anything or pay anything to be part of the class and you do not have to do anything at this time to confirm that you are a member of the class. Class Counsel, whose contact information is listed below, will represent the class in the Lawsuit at no out-of-pocket cost to you. If you wish, you may also hire your own counsel to represent you and participate in this Lawsuit on your behalf.

If you remain in the class, you will be bound by any judgment or settlement reached in this Lawsuit and may be entitled to compensation if Plaintiffs prevail or a settlement is reached on behalf of the class. You will also give up the right to bring or participate in any action based upon the same conduct that may be alleged in the Lawsuit against Werner.

EXCLUDE YOURSELF: You have the right to exclude yourself from the class and this Lawsuit. If you wish to exclude yourself from the class and not participate in this Lawsuit, you must mail a request for exclusion to the Claims Administrator:

Abarca v. Werner Enterprises, Inc

Claims Administrator

P.O. Box 404081

Louisville, KY 40233-4081

To be valid, your request should contain your name, phone number, email address, and signature; the name of the case; and a statement that you wish to exclude yourself from the class. You are not required to provide any reason for your decision. For your request to be valid, it must be postmarked no later than December 8, 2018. If you exclude yourself from the class, you will not be eligible to receive any compensation if the Plaintiffs prevail on their claims, but you will also not be bound by the judgment or settlement in this case.


The Court has found that the lawyers listed below are adequate to represent the class in this Lawsuit. If you have any questions regarding this notice or the Lawsuit, please contact any of the following attorneys, who represent Plaintiff and the class:

David Borgen, Of Counsel
James Kan
Raymond A. Wendell
300 Lakeside Drive, Suite 1000
Oakland, CA 94612
Tel: (510) 763-9800
Fax: (510) 835-1417
Website: http://www.gbdhlegal.com


James M. Sitkin
One Kaiser Plaza, Suite 505
Oakland, CA 94612
Tel: (415) 318-1048
Fax: (415) 362-3268
Website: http://sitkinlaw.justia.net

Justin L. Swidler
Richard S. Swartz
1101 Kings Hwy. N. Ste 402
Cherry Hill, NJ 08034
Tel: (856) 685-7420
Fax: (856) 685-7417
Website: http://www.swartz-legal.com

William Turley (CA SBN 122408)
David Mara (CA SBN 230498)
Jamie Serb (CA SBN 289601)
7428 Trade Street
San Diego, CA 92121
Tel: (619) 234-2833
Fax: (619) 234-4048
Website: http://www.turleylawfirm.com


This notice does not fully describe the Lawsuit. You may inspect the Court’s files at the United States District Court for the District of Nebraska, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Suite 1152, Omaha, NE 68102, from 9:00 a.m. to 4:00 p.m., Monday through Friday (https://www.ned.uscourts.gov).