Detmar Logistics

Class Certification Discovery Closed - Posted March 3, 2026

The parties have completed pre-Rule 23 class certification discovery and Plaintiffs’ motion for Rule 23 class certification is due by March 13, 2026. In this motion, Plaintiffs will ask the Court to certify the TILA claims and Texas state law claims for class treatment.

During the pre-Rule 23 class certification discovery period, Plaintiffs filed a Second Amended Complaint. The Second Amended Complaint added Named Plaintiff Green as a second company driver Named Plaintiff. The Second Amended Complaint also revised the TILA class definition to include individuals and entities who signed the Owner Operator Agreement and limited the TILA class to those Owner Operators who signed the Owner Operator Agreement that Detmar used prior to December 30, 2024. Finally, Plaintiffs’ Second Amended Complaint added an allegation under 49 C.F.R. § 376.12(d), claiming that Detmar’s Owner Operator Agreement failed to clearly state the basis of Owner Operators’ compensation in violation of the TILA.

Click here to read the Second Amended Complaint.

You can read Defendants’ Answer to the Second Amended Complaint here.

Discovery Phase Extended - Posted June 18, 2025

On June 12, 2025, the parties filed a joint advisory to the Court to request an extension of the discovery deadlines. This extension would allow Plaintiffs more time to review Defendants’ outstanding discovery production before scheduling depositions. The Court granted the parties’ request, and the deadline to complete pre-Rule 23 class certification discovery is now December 19, 2025.  In light of this extension, Plaintiffs now expect to file our motion for Rule 23 class certification by February 13, 2026.

Discovery Phase of Lawsuit - Posted March 25, 2025

On January 15, 2025, the parties met with Magistrate Judge Bemporad for an Initial Pretrial Conference to discuss the schedule for the case. Following the conference, Judge Bemporad issued a scheduling order providing that the parties are to complete pre-Rule 23 class certification discovery by July 11, 2025. During this “discovery” phase of the lawsuit, the parties exchange information relevant to their claims and defenses. The parties also exchange information relevant to whether the Named Plaintiffs’ claims are appropriate for class treatment. The parties request and exchange documents and written answers to questions. The parties also conduct depositions.

Following this period of discovery, Plaintiffs expect to file our motion for Rule 23 class certification by August 29, 2025. In this motion, Plaintiffs will ask the Court to certify the TILA claims and Texas state law claims for class treatment.

Answers to Common Questions - Updated July 5, 2024

Which drivers are included in the proposed class?

Plaintiff Stears filed his TILA claims on behalf of himself and a class of similarly situated Owner Operators—current and former drivers and entities who signed an Owner Operator Agreement with Detmar Leasing between May 31, 2020 and December 29, 2024.

Plaintiffs Wilson and Green filed their Texas state law claims for breach of contract and unjust enrichment on behalf of themselves and all current and former employee Company Drivers of Detmar Logistics who were paid on a percentage basis.

What claims are covered in this case?

Plaintiff Stears’ claims seek unpaid compensation under the federal TILA on behalf of himself and a class of Owner Operators. The TILA requires Detmar to clearly state the basis of Owner Operators’ compensation in the Owner Operator Agreement. Detmar’s Owner Operator Agreement provides that Detmar Leasing will pay Owner Operators a percentage of the final gross revenue Detmar Leasing receives for each load Owner Operators haul but does not define or explain how Detmar arrives at the final gross revenue. Because Owner Operators’ pay is based on a percentage of the final gross revenue for loads, the TILA also requires that Detmar provide a copy of the rated freight bill or other form of documentation used for a load containing the same information. Plaintiff alleges that neither Detmar Leasing nor Detmar Logistics provided him or other Owner Operators with that documentation, or any other documentation that would allow Owner Operators to verify that they were being paid the correct percentage of the final gross revenue. As a result, Detmar violated the TILA and Owner Operators did not have the documents necessary to determine the validity of their computed pay and lost compensation.

Plaintiffs Wilson’s and Green’s Texas state law breach of contract and unjust enrichment claims seek unpaid compensation. For the breach of contract claim, Plaintiffs Wilson and Green allege that Detmar Logistics contracted with them and a class of Company Drivers and agreed to pay them at least 25% of the gross revenue for each load they hauled for Detmar Logistics. Plaintiffs allege that Detmar Logistics violated the contract with Company Drivers by paying them on a percentage basis using an amount that was less than the actual gross revenue for the loads Company Drivers hauled for Detmar Logistics. As a result, Plaintiffs Wilson, Green, and Company Drivers sustained financial damages and Company Drivers are entitled to the additional pay Detmar Logistics promised.

If Detmar Logistics disputes whether a valid contract exists, Plaintiffs Wilson’s and Green’s unjust enrichment claims allege that it would be inequitable for Detmar Logistics to retain the benefit of paying Company Drivers on a percentage basis using an amount that was less than the actual gross revenue for the loads. Plaintiffs allege that Detmar Logistics has been unjustly enriched by this conduct and seeks restitution of any unjust profits conferred upon Detmar Logistics.

What damages are sought?

Plaintiff Stears alleges that Detmar’s failure to clearly state the basis of Owner Operators’ compensation in the Owner Operator Agreement and failure to disclose the information required by the TILA caused him and other Owner Operators to suffer financial damages, because they were not able to determine if they were paid correctly and to demand more money if they were not. The damages sought under the TILA equal the difference between (i) the amount Detmar should have paid Owner Operators based on the freight bills and the compensation promised in Detmar’s Owner Operator Agreement, and (ii) the amount that Detmar actually paid Owner Operators. Under the TILA, Plaintiff Stears also seeks attorneys’ fees and costs.

Plaintiffs Wilson and Green allege that Detmar Logistics’ breach of contract caused them and other Company Drivers to suffer financial damages, because Detmar Logistics paid them on a percentage basis using an amount that was less than the actual gross revenue for the loads they hauled for Detmar Logistics. Plaintiffs Wilson and Green seek damages for the breach of contract claim equal to the difference between (i) the amount Detmar Logistics should have paid Company Drivers under the contract based on the actual gross revenue for the loads, and (ii) the amount that Detmar Logistics actually paid Company Drivers. Plaintiffs also seeks attorneys’ fees and costs under the breach of contract claims.

In the alternative to the breach of contract claim, Plaintiffs Wilson and Green allege that Detmar Logistics was unjustly enriched at Company Drivers’ expense by paying them on a percentage basis using an amount that was less than the actual gross revenue for the loads Company Drivers hauled. Plaintiffs’ unjust enrichment claim seeks restitution of all the benefits Detmar Logistics retained, including the disgorgement of any unjust profits.

How do I join the case?

By March 13, 2026, Plaintiffs expect to ask the Court to certify the TILA claims and Texas state law claims for class treatment. If the Court grants Plaintiffs’ request, all potential class members will be part of the case and a notice of the class action will be sent to the class members, notifying them of their right to opt out of the class.

How far back do the claims go?

Under the TILA, the statute of limitations is 4 years. As a class action, Plaintiff Stears’ and potential Owner Operator class members’ TILA claims were tolled once the original complaint was filed on May 31, 2024. This means that the clock has stopped running on the 4-year time limit for Plaintiff Stears and class members to file their TILA claims.

Under Texas state law, the statute of limitations for breach of contract is 4 years and the statute of limitations for unjust enrichment is 2 years. As a class action, Plaintiffs Wilson’s, Green’s, and potential Company Driver class members’ breach of contract and unjust enrichment claims were tolled when the amended complaint was filed on July 1, 2024, which added the Texas state law claims. Accordingly, the clock has stopped running on the time limits for Plaintiffs Wilson, Green, and Company Driver class members to file their breach of contract and unjust enrichment claims.