Court denies C.R. England motion for continuance in case brought by OOIDA; hearing on preliminary injunction to proceed as scheduled

July 10, 2002, Grain Valley, MO - A U.S. District Court has denied a motion by C.R. England for a continuance of the scheduled hearing on a preliminary injunction being sought by the Owner-Operator Independent Drivers Association (OOIDA). The motion for preliminary injunction against C.R. England was filed as part of OOIDA's lawsuit against the Utah-based motor carrier charging violations of the federal leasing regulations. The preliminary injunction would prohibit C.R. England from providing transportation services in leased equipment until its leases are in compliance with the truth-in-leasing regulations.

In its motion for continuance, C.R. England questioned the court's jurisdiction in the matter. It argued that the case, including the preliminary injunction issue, should be decided through arbitration. It also sought the continuance to give it time to file a motion to transfer the case to Salt Lake City.

U.S. District Court Judge Anthony Ishii (for the Eastern District of California) dismissed the carrier's arguments and agreed with OOIDA that any motions intended by C.R. England did not involve issues that need to be decided prior to, or in conjunction with, the disposition of OOIDA's motion for a preliminary injunction.

The hearing on preliminary injunction was ordered to proceed as scheduled on July 22, 2002. Judge Ishii further ordered that any motion for transfer of venue must be filed no later that July 29, 2002.