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Attorneys for Pilot Flying J, Haslam, President Mark Hazelwood, Vice President of Sales John Freeman and Director of National Sales Brian Mosher filed a motion this week in the U.S. District Court, Southern District of Alabama, to dismiss the lawsuit filed by Wright Transportation Inc., a trucking company based in Mobile, Ala.
Wright Transportation and a half dozen other trucking firms opted out of the proposed settlement and continued with their lawsuits against Pilot Flying J, according to a report by The Plain Dealer.
In a 31-page brief, the attorneys argue that the suit relies almost exclusively on an FBI affidavit and fails to state "the who, what, where and when of the alleged fraud as required."
Pilot Flying J is the subject of multiple lawsuits that allege it systematically reduced rebates promised to trucking firms. The story became national news when the Federal Bureau of Investigation and Internal Revenue Service raided the company's headquarters on April 15.
As CSNews Online previously reported, seven Pilot Flying J staffers already entered guilty pleas to mail and wire fraud following the investigation. Pilot Flying J proposed to pay $40 million plus attorney fees to repay the truckers the amount owed plus interest. A fairness hearing for the settlement is scheduled for Nov. 25 in Little Rock, Ark.
Family-owned Pilot Flying J operates more than 650 retail locations and is the largest operator of travel centers and travel plazas in North America.