He testifies in his declaration that "[m]uch" of his JCT-related work took place in California and that he drove "all over" the state, including making a "significant portion" of his pick-ups and drop-offs in the cities within this District listed in paragraph 18 of the Complaint. The ICOA states that the ICOA itself "shall be interpreted in accordance with, and governed by, the laws of the United States and, of the State of Oklahoma," without applying a choice-of law analysis. 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. Instead, the federal circuit courts appear to agree that venue may be proper in multiple districts if a "substantial part" of the underlying events took place in each of those districts. Class Counsel will be paid from the Gross Settlement Amount of $9,250,000.00. 2014) (citing Murphy, 362 F.3d at 1141). John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. Cal. Federal judges approved separate class certifications for divers in Oklahoma and California. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. John Christner founded JCT in 1986 with only 2 trucks. Job Search | John Christner Trucking Plaintiff bears the burden of showing that venue is proper. When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. The second, known as "specific jurisdiction," exists where the litigation is derived from obligations that "arise out of or are connected with the [company's] activities within the state." See Gulf Ins. 2004). Huddleston Decl. "'[A] party challenging enforcement of a forum selection clause may not base its challenge on choice of law analysis.'" However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." at 1138. Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." And the best part of all, documents in their CrowdSourced Library are FREE! It is thus not Huddleston's personal choice to live in California which drives the jurisdictional analysis, but JCT's choice to dispatch deliveries to and from California which does." Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. In general, managers at John Christner Trucking are good to work with. This language has broad reach, and because Huddleston's claims concern the relationship created by the ICOA, which created the working relationship between the parties, his claims fall within the scope of the forum-selection clause. 2000). Huddleston v John Christner Trucking | 21-5025 | Court Records - UniCourt John Christner Trucking adds 800 trucks to the Hirschbach fleet. We can transport your goods at temperatures ranging anywhere from minus 20 degrees Fahrenheit to plus 90 degrees Fahrenheit and hold them at the temperature you specify. Ziegler v. Indian River County, 64 F.3d 470, 475 (9th Cir. b. JCT Logistics Team Executive Team VP of Brokerage Operations Cory J. Manzi Direct: 918-347-2370 corymanzi@jctlogistics.com VP of Account Management Dustin Byrd Direct: 918-347-2344 dustinbyrd@jctlogistics.com LEADERSHIP TEAM East Loren Benjar Direct: 918-347-2353 LorenBenjar@jctlogistics.com Central Hilda Aviles Direct: 918-347-2372 The settlement administrator will determine all Individual Settlement Amounts based on Defendants records of the weeks worked by Class Members. In other words, while the "in connection with" language is broad enough to encompass Huddleston's misclassification claims and bring them under the umbrella of the forum-selection clause, the ICOA provides that Oklahoma law applies only to interpretation of the ICOA itself. 1 at 18. Case information including a copy of the complaint can be found here . The test's first prong encompasses both purposeful direction and purposeful availment. Huddleston v. John Christner Trucking, LLC (4:17-cv-00549) Christner Trucking was facing a class-action lawsuit. CERT. . Have you been screwed by John Christner Trucking yet? at 24. For Plaintiff and the FLSA Collective Members (i.e., individuals who previously completed a valid Opt-In Consent Form to join this case), the Released Claims also include any and all claims, known or unknown, under the FLSA, 29 U.S.C. ECF No. gimme fonts (citing Iskanian for the proposition that representative PAGA claims may be brought in forums other than California state courts). 9. Who are the attorneys representing Defendant John Christner Trucking, LLC? Manner of Service: email. This second prong of the specific jurisdiction test is satisfied if the plaintiff would not have been injured "but for" the defendant's forum-related contacts. "The scope of the claims governed by a forum selection clause depends [upon] the language used in the clause." Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. (Text Only - No Attachment). The Court held that an arbitration agreement to which the EEOC was not a party could not limit the remedies otherwise granted to the EEOC by statute, which not only had the authority to pursue independent actions in court for Title VII violations but, in the context of the suit, also had "exclusive authority over the choice of forum and the prayer for relief once a charge has been filed." 1 : UPS Inc. 2015). JCT responds that only three of the twenty-five loads that Huddleston performed had pick-ups or deliveries that took place within this district and that in any case, the classification decisions giving rise to this suit took place at JCT's corporate headquarters in Oklahoma and not in California at all. Iskanian v. CLS Transp. But after fuel. Fill out the form below to receive a free and confidential initial consultation. Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). Huddleston seeks to represent other "owner-operators" in a collective action under the Fair Labor Standards Act ("FLSA") and class actions under California and Oklahoma law. Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. Huddleston I, slip op. Huddleston does not argue that the Court could exercise general jurisdiction over JCT but contends that the Court does have specific jurisdiction over JCT. Huddleston v. John Christner Trucking | Robert S. Boulter | Attorney at Law (internal quotation marks omitted)). John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . According to court documents, John Christner Trucking is a for-hire motor carrier that provides trucking services nationwide and relies, in part, on drivers who operate trucks leased from its company, Three Diamond Leasing. Joint Stipulation of Settlement Agreement and Release of Class and Collective Action, This website is designed and maintained by the Settlement Administrator for thelawsuit known as, Huddleston v. John Christner Trucking, LLC, Joint Stipulation of Settlement and Release of Class and Collective Action, All papers filed by Class Counsel to obtain preliminary and final approval of the Settlement Agreement. 18, 2016) ("It can come as no surprise to Syfan that litigation in Virginia might ensue when Syfan's conduct ensured DD would haul a load of frozen chicken across a significant portion of the state."). 14-CV-05530-WHO, 2015 WL 899294, at *3-4 (N.D. Cal. [21-5025] [Entered: 04/20/2021 09:24 AM], [10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. P. 4(k)(1)(A). Your decision as to whether or not to participate in this Settlement will in no way affect your work or relationship with Defendant or future work or relationship with Defendant. Certificate of Interested Parties: No. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. Id. Tiffany Lalim - Driver Settlement - John Christner Trucking, LLC | LinkedIn Served on 03/12/2021. This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. M/S Bremen, 407 U.S. at 18. Because the state of California is the real party in interest in this "quasi-administrative enforcement action," Huddleston argues, the state has a strong interest in having the case litigated at home. Opp. Because document collection is now mostly an exercise in electronic discovery, the presence of corporate documents in Oklahoma does not weigh heavily in favor of finding that jurisdiction in California would be unreasonable. Id. Scam Internet. In support of its motion to dismiss, JCT submits, inter alia, a declaration from Shannon Crowley, Vice President of Risk Management. Manner of Service: email. Id. 2021-11-03, U.S. District Courts | Personal Injury | John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. In EEOC v. Waffle House, Inc., 534 U.S. 279 (2002), the Supreme Court held that a governmental agency was not bound by an employee's arbitration agreement such that it was barred from pursuing judicial relief in an enforcement action. Thus, this factor is not at issue. 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. This factor does not weigh in favor of a finding of unreasonableness. Seventh, Oklahoma is available as an alternative forum. If you would like additional information or have any non-legal questions, please contact the Huddleston v. JCT Settlement Administrator: Huddleston v. JCT SettlementAdministratorP.O Box 10269Tallahassee, FL 32302-2269 claims@ssiclaims.com(855) 458-3918, This website is designed and maintained by the Settlement Administrator for thelawsuit known as Huddleston v. John Christner Trucking, LLC. The trucking company also contended that the state labor laws in Oklahoma, not California, govern the alleged employment relationship between Huddleston and John Christner Trucking. JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. Manner of Service: email. Fourth, the interest of the forum state is great, because California has a strong interest "in protecting its citizens from the wrongful acts of nonresident defendants." The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. LaCross v. Knight Transportation, Inc., 95 F. Supp. C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. Huddleston has submitted no evidence of court congestion particular to Oklahoma as opposed to California. Served on 03/24/2021. LaCross, 95 F. Supp. John Christner Trucking 19007 W Hwy 33 Internet United States of America. at *3-*4 and thus had broader reach than the choice-of-law provision in the ICOA here. SAFER Web - Company Snapshot JOHN CHRISTNER TRUCKING LLC - Transportation 2004) (internal citation and quotation marks omitted). Unless you present convincing evidence proving you worked more workweeks than shown by Defendants records, your Individual Settlement Amount will be determined based on Defendants records. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1073 (9th Cir. You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. ; statutory penalties, civil penalties under PAGA, California Labor Code 2699 et seq., all claims for constructive fraud and negligent misrepresentation; and all claims for unjust enrichment (Released Claims). Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. My experience working at John Christner Trucking was a good experience. The Released Claims include, but are not limited to, all wage and hour claims, whether known or unknown, at law or in equity, which Plaintiff and the Class Members may now have or may have as of the execution of the Joint Stipulation of Settlement and Release of Class and Collective Action under the wage orders of the California Industrial Welfare Commission, or other federal, state, or local law, claims for penalties under California Private Attorneys General Act, all claims for failure to pay minimum wages under California law, all claims for failure to pay for all hours worked under California law, all claims for failure to authorize and permit and/or make available meal and rest periods pursuant to the California Labor Code (Labor Code), all claims for failure to reimburse for necessary business expenses under Labor Code 2802, all claims for failure to maintain proper payroll records under Labor Code 1174, all claims for failure to provide accurate itemized wage statements under Labor Code 226, all claims regarding coerced purchases under Labor Code 450, all claims regarding willful misclassification under Labor Code 226.8, all claims for waiting time penalties under Labor Code 201-204, all claims for unlawful business practices under the California Business and Professions Code 17200, et seq., all claims for the unlawful sale of business opportunities under the Oklahoma Business Opportunity Sales Act, 71 Okla. Stat. AB, 11 F.3d 1482, 1489 (9th Cir. Levine v. Entrust Grp., Inc., No. "For a party to escape a forum selection clause on the grounds of fraud, it must show that 'the inclusion of that clause in the contract was the product of fraud or coercion.'" ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." [21-5025] [Entered: 03/12/2021 05:19 PM], [10814925] Entry of appearance submitted by Rachel Lawrence Mor, Michael J. Blaschke, Carolyn Hunt Cottrell, David C. Leimbach, Michelle S. Lim and Robert S. Boulter for Appellant Thomas Huddleston for court review. Huddleston has presented no case law to support the idea that PAGA cases are exempt from application of forum-selection clauses and has offered no explanation why the Northern District of Oklahoma could not fairly adjudicate these claims. In contract cases, courts generally apply the purposeful availment test, while in tort cases they use the purposeful direction analysis. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011). DATE RECEIVED: 03/11/2021. The most common ethnicity at John Christner Trucking is White (66%), followed by Hispanic or Latino (11%) and Black or African American (10%). John Christner Trucking Class Action Certified | Robert S. Boulter No. The combined revenue of both companies will exceed $1 billion and will propel Hirschbach to be one of the nation's largest refrigerated carriers. CERT. 2021-06-11, U.S. Courts Of Appeals | Other | Marine, 134 S. Ct. at 584. The forum-selection clause, by contrast, states more broadly that "any claim or dispute arising from or in connection with this agreement, whether under federal, state, local, or foreign law . First, the forum-selection clause in Ronlake provided that the agreement "and all issues regarding the rights and obligations of the Members, the construction, enforcement and interpretation hereof . A forum-selection clause may be deemed unreasonable under the following circumstances: (1) if the inclusion of the clause in the agreement was the product of fraud or overreaching; (2) if the party wishing to repudiate the clause would effectively be deprived of his day in court were the clause enforced; and (3) if enforcement would contravene a strong public policy of the forum in which suit is brought. Why one international organization is joining the fight. We have the right trucks, the right freight, the right people. Make your practice more effective and efficient with Casetexts legal research suite. 8. Who are the attorneys representing Plaintiff and the Class Members? 5-3, Huddleston v. John Christner Trucking, LLC, No. Id. Plaintiff and the Class Members are represented by the following attorneys acting as Class Counsel: Carolyn H. CottrellDavid C. LeimbachMichelle S. LimSCHNEIDER WALLACECOTTRELL KONECKY LLP2000 Powell Street, Suite 1400Emeryville, CA 94608Telephone: (800) 689-0024Facsimile: (415) 421-7105ccottrell@schneiderwallace.comDLeimbach@schneiderwallace.commlim@schneiderwallace.com, Robert S. BoulterLAW OFFICES OF ROBERT S. BOULTER1101 Fifth Avenue, Suite 310San Rafael, California 94901Telephone: (415) 233-7100rsb@boulter-law.com. "The party challenging the clause bears a 'heavy burden of proof.'" This matter is now ripe for review and is suitable for disposition without oral argument. This message tells you what trips have. Huddleston has not met his burden of demonstrating that this is an "exceptional case" in which the Court should set aside a valid forum-selection clause. The general rule is that each plaintiff in a class action must individually satisfy venue, so the venue determination is "based on the plaintiffs in the class actionnot absent class members." In the event any portion of the Individual Settlement Amounts paid to Plaintiff and Class Participants is ultimately construed by the IRS or any other taxing authority to be taxable income from which taxes should have been withheld, Plaintiff and Class Participants shall pay any and all such taxes, interest, and penalties on the amount they receive. With combined revenues expected to exceed $1 billion annually, the reefer conglomerate will operate more than 3,000 trucks and . Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. 12 ("Reply"). M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972). Huddleston argues that his claims brought pursuant to the Private Attorney General Act ("PAGA") are of such a strong local nature that they should be litigated in California. "Although a FLSA claim for relief ostensibly arises from an employment contract, courts have likened FLSA claims to tort claims and have applied the purposeful direction standard." ***TIDBIT TUESDAY*** QualComm - John Christner Trucking | Facebook FLSA Collective Members All current and former individuals who provide(d) transportation services for Defendant within the United States, between May 1, 2015 and June 21, 2022. [21-5025] [Entered: 03/24/2021 02:58 PM], [10817554] Entry of appearance submitted by Christopher J. Eckhart, Angela S. Cash, James A. Eckhart, Adam C. Smedstad for Appellee John Christner Trucking, LLC for court review. You pay about $1000 week for lease with good miles. The following persons will be considered Class Members and be eligible to receive an Individual Settlement Amount from the Net Settlement Amount: Plaintiff and persons who meet the requirements of one or more of the following class or collective definitions: California Class All current and former individuals, to the extent they perform(ed) transportation services for Defendant within California from April 12, 2013 to June 21, 2022. at 581. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] Served on 03/25/2021. Here you can view your weekly settlements, insurance and contracts. Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. 3:21-CV-01669 | 2021-07-20, Dallas County District Courts | Personal Injury | A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. 3d at 1207 n.6. [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). 4:17-cv-00549-GKF-CDL). "No one factor is dispositive; a court must balance all seven." . 2006)). Jan. 10, 2006) ("Because venue can properly lie in multiple districts, the court need not compare sales figures in an effort to find the 'best venue'; rather the question is whether the venue chosen by a plaintiff is proper."). Rhode Island is appealing a court ruling that ended the states truck-only tolls. COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. ICOA 23. The settlement administrator will notify you of the decision on the dispute. R. Civ. RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. Court for W. Dist. Can Defendant retaliate against me for participating in this Settlement? Plaintiff and Class Participants should consult with their own tax advisors concerning the tax consequences of the Settlement based on their Individual Settlement Amount. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. Huddleston argues that just as the EEOC was not bound by an agreement to which it was not a party, the PAGA claims here belong to the state of California and therefore fall outside the ambit of the forum-selection clause. Huddleston v. John Christner Trucking, LLC, 1:17-cv-00925-LJO-SAB (E.D. If you fail to keep your address current, you may not receive your Individual Settlement Amount. "[U]ncontroverted allegations must be taken as true, and conflicts between parties over statements contained in affidavits must be resolved in the plaintiff's favor." shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . Served on: 03/25/2021. That test requires showing that the defendant (1) has committed an intentional act; (2) expressly aimed at the forum state; (3) causing harm that the defendant knows is likely to be suffered in the forum state. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. The plaintiff bears the burden of satisfying the first two prongs of the test. 2011). Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding. 3, 2015). If you dispute the number of workweeks as shown on the Notice that was mailed to you, you may produce evidence to the settlement administrator establishing the dates you contend to have worked for Defendant. Hirshbach buys John Christner Trucking, boosts its reefer carrier ranking An award-winning journalist and former assistant news editor at The Topeka Capital-Journal, he brings fresh ideas, solid reporting skills, and more than two decades of journalism experience to our staff. Education among Chamber's priorities | | tulsaworld.com Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. 5). Full-Time. 3d 1199, 1207 (C.D. See Fed. Thread Status: Not open for further replies. 2011). (10/24/19 Mot hrng & 12/09/20 Sched conf.). Christner said the company has seen continuous growth over the past two decades. . Password (8+ characters) | All Rights Reserved. The Court applies federal law to the interpretation and enforcement of a forum-selection clause. Every dime goes to the truck. Also, every "owner-operator" completes an orientation at those headquarters. at 11-12. Manner of Service: email. . Opp. Made in Oklahoma: John Christner Trucking Inc. The state of California may have an interest in the outcome of this dispute, but that interest is not so overwhelming or unusual that this should be an exception to the general rule that a valid forum-selection clause should be honored. Plaintiff Thomas Huddleston brings this wage-and-hour putative class action lawsuit against defendant John Christner Trucking, LLC ("JCT"). Core-Vent Corp. v. Nobel Indus. If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. If you object to the Settlement, you cannot opt out of the Settlement, and you will be bound by the terms of Settlement in the event the Court denies your objection. 10 West Market Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 637-1777 Facsimile: (317) 687-2414 Preliminary record filed. Hirschbach Motor Lines today announced the completion of the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. Gallo Winery v. Andina Licores S.A., 440 F. Supp. Under the general venue statute, a civil action may be brought in: (1) a judicial district in which any defendant resides, if all defendants are residents of the state in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action. Good lease to make money. So basically they give you older trucks with almost 500k miles. 1993) holding modified by Yahoo! See also Narayan, 616 F.3d at 899; Quinonez v. Empire Today, LLC, No. This field is for validation purposes and should be left unchanged. . 897 F.2d 377, 385 (9th Cir. Join to connect John Christner Trucking, LLC. Do yourself a favor and keep looking. 1995). 10 ("Opp. [a] forum [selection] clause should control absent a strong showing that it should be set aside." The combined revenue of both companies will exceed $1. ***TIDBIT TUESDAY*** QualComm Message Reinder: Every Friday around 10:00 am you receive a message from the driver settlement department on your qual comm. Va. Apr. at 6-7 (N.D. Cal. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. Though JCT's corporate documents and witnesses likely will be located in Oklahoma, Huddleston and other members of the California class likely will be located in California. 74] of the defendant, John Christner Trucking, LLC ("JCT"). Huddleston claims the trucking company misclassifies him and other leasing drivers as independent contractors rather than employees, thus violating a variety of state and federal labor laws. For-Hire Companies | Transport Topics Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). R. 33.1, order filed by (CLK) extending time to file first brief on cross-appeal and appendix until 07/07/2021 for John Christner Trucking, LLC. Contact Who is John Christner Trucking, LLC Headquarters 19007 W Hwy 33, Sapulpa, Oklahoma, 74067, United States Phone Number (918) 227-1600 Website www.johnchristner.com Revenue $246.4M Industry Freight & Logistics Services Transportation John Christner Trucking insights Based on 104 survey responses Areas for improvement Fair pay for job Trust in colleagues Sense of belonging One of the worst company to work for trcuk driver (Former Employee) - Sapulpa, OK - September 7, 2020 Attention attention avoid this company at all cost. Huddleston v. John Christner Trucking, LLC - casetext.com Dec. 6, 2012). 1406(a), which provides that "[t]he district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought." OF INTERESTED PARTIES: y. [21-5025] [Entered: 03/11/2021 03:45 PM]. JOHN CHRISTNER TRUCKING, LLC, Defendant. [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent.
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