NASHVILLE, Tenn. - A Tennessee trucking company is accusing Pilot Flying J Travel Centers of failing to disclose a key deadline involving a proposed settlement deal.
Moore Freight Service Inc., based in Mascot, Tennessee claims Pilot Flying J failed to inform the company of an October 15, 2013 deadline to "opt-out" out of a proposed settlement deal involving diesel fuel rebates.
As part of an ongoing class action settlement tentatively approved in federal court , Pilot Flying J agreed to notify trucking companies that may have had claims.
In a motion filed Thursday in U.S. District Court in Little Rock, Arkansas, Moore Freight claimed "despite being a potential member of the affected class, Moore Freight did not receive notice of the settlement in this action."
In addition, Moore Freight claims that Pilot Flying J failed to disclose details of the settlement deadline for months during Moore's lengthy bankruptcy hearings since September, 28, 2012.
"Despite having dealt directly with Pilot's in-house and outside counsel in the Moore Freight bankruptcy case, neither I nor Moore Freight received the notice of the proposed class action settlement," said Barbara Holmes, an attorney representing Moore Freight.
Pilot Flying J is one of Moore Freight's creditors and claimed the company owed it $198,124.18 in diesel fuel charges.
In October, 2012, Moore Freight paid the full amount - 6 months before an FBI raid disclosed Pilot Flying j may have deceptively overcharged trucking companies by failing to return promised fuel rebates.
According to federal court documents, Moore Freight has been granted "exclusion" from the proposed settlement in a stipulation agreed to by Pilot Flying J.
Mark Tate, an attorney representing Moore Freight, said, "It's likely that Moore Freight is owed tens of thousands of dollars in fraudulently withheld fuel rebates."