10-cv-02049 (WHA), 2010 WL 4569873, at *2-3 (N. D. Cal. Mark Schremmer, senior editor, joined Land Line in 2015. Served on 03/24/2021. 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. Plaintiff bears the burden of showing that venue is proper. While the Court is sensitive to the potential financial strain involved in litigating this case in Oklahoma, serving as the named plaintiff in a class action is unlikely to carry with it the requirement that Huddleston travel to Oklahoma with much frequency, and Huddleston has failed to explain why litigating in Oklahoma would require substantially more time away from work than litigating in California such that he would be denied the ability to bring the case. A forum-selection clause is "not unreasonable merely because of the parties' unequal bargaining power: it is enforceable if there is reasonable communication of the clause." 1:11-CV-02009 LJO, 2012 WL 393614, at *3-4 (E.D. Plaintiff and Class Participants should consult with their own tax advisors concerning the tax consequences of the Settlement based on their Individual Settlement Amount. RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. [21-5025] [Entered: 04/14/2021 04:21 PM], [10817932] Minute order filed - Transcript order form due 04/08/2021 for Brian Neil, Court Reporter. This prong may be satisfied by "purposeful availment of the privilege of doing business in the forum; by purposeful direction of activities at the forum; or by some combination thereof." [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] The Ninth Circuit has established a three-prong test for analyzing a claim of specific personal jurisdiction: (i) the defendant must have purposefully availed itself "of the privilege of conducting activities in the forum, thereby invoking the benefits and protections of its laws"; (ii) the cause of action must "arise[] out of or relate[] to the defendant's forum-related activities"; and (iii) "the exercise of jurisdiction must comport with fair play and substantial justice, i.e. 7. 5-3, Huddleston v. John Christner Trucking, LLC, No. 2015) (construing similar contract and holding that "while Plaintiffs' misclassification claims 'relate to' the ICOA (and thus trigger the forum-selection clause) they would likely not be governed by Arizona law, as only 'the agreement' itself is governed by such law"). 1. Manner of Service: email. 8. Who are the attorneys representing Plaintiff and the Class Members? ECF No. Line, Inc. v. Wartsila N. Still others have found that they are neither tort nor contract claims. JCT argues that the centerpiece of Huddleston's complaint is the Fair Labor Standards Act ("FLSA"), which set nationwide standards, and because Huddleston performed long-haul truck-driving services throughout the country, the FLSA claims "could have arisen whether he was a resident of California, Connecticut, Colorado, or any other state in the country." This website is designed and maintained by the Settlement Administrator for the lawsuit known as Huddleston v. John Christner Trucking, LLC . 12, which he asserts is substantial enough that he "may not be able to maintain his claim if forced to do so in Oklahoma," Opp. at 581 n.6 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 241 n.6 (1981) (internal quotation marks omitted)). The general venue statute does not authorize venue in a single district in which the most substantial part of the events or omissions giving rise to the claim occurred. 1995). The deal makes Hirschbach one of the nation's largest refrigerated carriers, the news release says, bumping it from sixth on Transport Topics 2021 ranking to second on the list. JCT has not met its burden of showing that this Court's exercise of specific jurisdiction would be unreasonable. Last name. Arising Out Of Forum-Related Activities. The Oklahoma class, specifically, claimed that the trucking companys marketing practices violated the Oklahoma Consumer Protection Act and the Oklahoma Business Opportunity Sales Act. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. LaCross, 95 F. Supp. [21-5025] [Entered: 04/14/2021 04:43 PM], [10822463] Attorney Mr. David C. Leimbach for Thomas Huddleston admitted to the bar of this court. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. Specifically, he says that a significant portion of his drop-offs and pick-ups were located in Tulare, Stockton, Fresno, Newman, Turlock, Modesto, Merced, Madera, and Livingston (all located within the Eastern District of California) and that the vast majority of his total driving miles were related to either a pick-up or drop-off in California. (citing Carnival Cruise Lines, 499 U.S. at 595. B. Second, litigating in California would impose some burden on JCT, but because "modern advances in communications and transportation have significantly reduced the burden of litigating in another [jurisdiction]," Sinatra v. Nat'l Enquirer, Inc., 854 F.2d 1191, 1199 (9th Cir. 4:2017cv00549 - Document 76 (N.D. Okla. 2018) Court Description: OPINION AND ORDER by Chief Judge Gregory K Frizzell (Miscellaneous deadline: 5/8/2018) ; granting in part and denying in part 58 Motion for Collective Action Certification (kjp, Dpty Clk) Download PDF 2002). Huddleston alleges in the Complaint that he "would regularly engage in JCT's business in various locations within this judicial district, including but not limited to Fresno, Stockton, Tulare, Newman, Turlock, Modesto, Merced, Madera, and Livingston." Dec. 6, 2012). All current and former individuals who provide transportation services for John Christner Trucking within the United States, who entered into an independent contractor operator agreement with JCT and entered into a lease agreement with either JCT or Three Diamond Leasing. Manner of Service: email. 71st St., Suite 200Tulsa, OK 74136Telephone: (918) 970-2000Facsimile: (918) 970-2002. Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. at 24. Hirschbach Motor Lines today announced the completion of the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. In contract cases, courts generally apply the purposeful availment test, while in tort cases they use the purposeful direction analysis. The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. The touchstone for asserting specific jurisdiction over a nonresident defendant is "the relationship among the defendant, the forum, and the litigation." ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. In a case not involving a forum-selection clause, a district court considering a Section 1404(a) motion would evaluate both the convenience of the parties and various public interest considerations. Id. John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. The U.S. Supreme Court has held that forum-selection clauses are presumptively valid and should only be set aside if the party challenging enforcement can "clearly show that enforcement would be unreasonable and unjust." Any and all claims, demands, causes of action, charges, and grievances, of whatever kind or nature, whether known or unknown, suspected or unsuspected, which Plaintiff and the Class Members now own or hold or have at any time before the Effective Date owned or held against Defendant or any of the Released Parties and which arose out of, are in any way connected to, or that were made or could have been made based on the facts, theories, and claims pled in Plaintiffs Class and Collective Action Complaint (Complaint). See also Narayan, 616 F.3d at 899; Quinonez v. Empire Today, LLC, No. ECF No. As to the ICOA, he testifies that when he was in Oklahoma for orientation, he was told that the ICOA was nonnegotiable, was told that it was offered on a take-it-or-leave-it basis, and that the forum-selection clause and its effects were never explained to him. Deductions from this amount will be made for attorneys fees and costs for Class Counsel (see Section 10 below), settlement administration costs (estimated to be $79,500.00); a service award in an amount not to exceed $25,000.00 to Plaintiff, Thomas Huddleston, for his service to the Class Members, and $75,000.00 to the California Labor and Workforce Development Agency (LWDA), which is 75% of the $100,000.00 the parties allocated to penalties associated with Plaintiffs claim under the California Private Attorneys General Act (PAGA). [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. Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. As a part of this settlement, Defendant has also agreed to release Class Members that are former drivers as of the date of final approval from all known and unknown monetary claims. Though only a quarter of the loads with pick-ups or drop-offs in California occurred within the Eastern District, that is enough to satisfy the requirement that a "substantial" portion of the events giving rise to the suit arise in the District, "even if a greater part of the events occurred elsewhere." The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. granted the motion for class certification, International group throws support behind Rhode Islands appeal of truck toll verdict, Vehicle weight at issue in overtime lawsuit, Trucker awarded $500K after being unlawfully detained, Former safety manager receives probation for cargo tank conspiracy. Marcotte v. Micros Sys., Inc., No. [21-5025] [Entered: 03/15/2021 12:17 PM], Docket[10815131] Admissions letter sent. 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. In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. It also leases "drop yards" in locations throughout the United States, which are used for parking and staging trailers. The most common ethnicity at John Christner Trucking is White (66%), followed by Hispanic or Latino (11%) and Black or African American (10%). shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . See Atl. Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir. John Christner Trucking is Seeking Lease Purchase Drivers and Owner Operators Solos Start at to $1.20 per Mile Teams Start at $1.25 per Mile John Christner Trucking Benefits: Solos Starts at to $1.20 per Mile Teams Start at $1.25 per Mile Fuel Surcharge paid on all miles - loaded and empty ECF No. Plaintiff opposed, ECF No. 2010))). 8:20-CV-00421 | 2020-10-14, U.S. District Courts | Contract | 1391. My experience working at John Christner Trucking was a good experience. Iskanian v. CLS Transp. 2011). He also asserts that the power differential between himself and JCT, the inability to negotiate the contract, and his lack of advanced formal education all work to render the provision a product of overreaching. Narayan, 616 F.3d at 899; see Elijahjuan v. Superior Court, 210 Cal. at 581. With combined revenues expected to exceed $1 billion annually, the reefer conglomerate will operate more than 3,000 trucks and . [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] Sign up for our weekly newsletter today! Manetti-Farrow, Inc. v. Gucci Am., Inc., 858 F.2d 509, 513 (9th Cir. None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. 1979). The Court cannot find on this record that honoring the forum-selection clause would mean that Huddleston "will for all practical purposes be deprived of his day in court." Id. Company Contact Info John Christner Trucking LLC 19007 W Highway 33 Sapulpa, OK 74066 918-227-1600 918-248-3085 Cargo Hauled by John Christner Trucking LLC Fresh Produce General Freight Meat Refrigerated Food Response date set to 04/14/2021 for Carolyn H. Cottrell. If you mail a written objection, you may also, if you wish, appear at the Final Approval Hearing to discuss your objection with the Court and the parties. CERT. International Shoe Co. v. Washington, 326 U.S. 310, 318 (1945). 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 at 11-12. 2005) (collecting cases from various federal courts of appeals). "); Turner v. Syfan Logistics, Inc., No. Popular Searches. Huddleston contends that because thirteen of the nineteen causes of action are based on California law, a California federal court will be better equipped to apply California state law than an Oklahoma court would be. Response date set to 04/14/2021 for David C. Leimbach. 10 West Market Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 637-1777 Facsimile: (317) 687-2414 The test's first prong encompasses both purposeful direction and purposeful availment. Driver Resources | John Christner Trucking Driver Resources Welcome JCT Drivers This page is dedicated to keeping you up to date with the latest JCT info. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199 (9th Cir. 752, et seq. Court for W. Dist. 1988). 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. The Settlement provides that Class Counsel will receive attorneys fees of up to 33.33% of $9,250,000.00, and costs not to exceed $150,000.00. The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. 1391 (d). 801, et seq. You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. Yahoo, 433 F.3d at 1206; Schwarzenegger, 374 F.3d at 802. Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). Mot. Preliminary record filed. C. 28 U.S.C. Also, every "owner-operator" completes an orientation at those headquarters. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. The settlement administrator will notify you of the decision on the dispute. According to Crowley, JCT does not own or lease any property in California, except for one drop yard it leases in Colton, California. This factor does not weigh in favor of a finding of unreasonableness. . The court granted class certification for: All current and former individuals, to the extent they performed transportation services for John Christner Trucking within California, who entered into an independent contractor operator agreement with JCT, entered into a lease agreement with either JCT or Three Diamond Leasing, and were classified as independent contractors. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011). Opp. Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. at 297. You do not have to pay the attorneys who represent the Class Members. Second, the forum-selection clause in Ronlake applied only to claims "arising out of" the agreement, narrow language that did not apply to misclassification claims that did not rely on contract interpretation for resolution. Am., Inc., 485 F.3d 450, 457 (9th Cir. In determining whether jurisdiction is reasonable, courts consider seven factors: (1) the extent of a defendant's purposeful interjection into the forum; (2) the burden on the defendant in defending in the forum; (3) the extent of conflict with the sovereignty of the defendant's state; (4) the forum state's interest in adjudicating the dispute; (5) the most efficient judicial resolution of the dispute; (6) the importance of the forum to the plaintiff's interest in convenient and effective relief; and (7) the existence of an alternative forum. CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. Marine, 134 S. Ct. at 581. Manner of Service: email. 1993) holding modified by Yahoo! Id. A federal judge in Oklahoma approved separate class certifications for more than 3,000 truck drivers in a misclassification lawsuit against John Christner Trucking. Id. See 28 U.S.C. [21-5025] [Entered: 03/24/2021 02:58 PM], Docket[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. Phone: 8003241900. Cal. john christner trucking Inc. John Christner Trucking. Gallo Winery v. Andina Licores S.A., 440 F. Supp. [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. It also does not have any employees in California except one individual who works from his home in Fresno to arrange the transportation of customer freight. See also Kia Motors Am., Inc. v. MPA Autoworks, No. (internal quotation marks omitted)). $246.4 M. Employees. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. [21-5023, 21-5025] [Entered: 03/25/2021 08:56 AM], [10817559] Entry of appearance filed by Adam Carl Smedstad, James Anthony Eckhart, Mrs. Angela Stemle Cashand Christopher Eckhart for John Christner Trucking, LLC. England Case $37,800,000 Settlement Concluded; Refusal to Drive Unsafe Truck - Driver Awarded $55k; Franchisor's Non-competition Injunction Denied. 5:20-CV-00915 | 2020-09-11, U.S. Courts Of Appeals | Civil Right | Perry, 2011 WL 4080625, at *5. CERT. Docketing statement, transcript order form and notice of appearance due on 03/25/2021 for Thomas Huddleston; notice of appearance due on 03-25-2021 for John Christner Trucking, LLC. Reply at 6-8. Huddleston v. John Christner Trucking, LLC, 1:17-cv-00925-LJO-SAB (E.D. Id. Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse. Lawrence J. O'Neill UNITED STATES CHIEF DISTRICT JUDGE, MEMORANDUM DECISION AND ORDER RE DEFENDANT'S MOTION TO DISMISS FOR LACK OF JURISDICTION, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE (ECF NO. NEW! Why is this public record being published online? # 9). Issued on 04/27/2021. 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 . John Christner Trucking JCT Never lease with this company as long as BA and JM are there. 4:17-cv-00549-GKF-CDL). Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. JCT does not target any advertising specifically to California and, since at least 2013, only 10- 12% of its total nationwide miles have been logged in California. 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. John Christner was great at first and then milege saving came to be the normal no matter the load and route drivers lose 100+ miles per load sometimes as high as 200. at 919. Murphy, 362 F.3d at 1140 (quoting M/S Bremen., 47 U.S. at 17). Id. R. Civ. 3, 2015). Who are the attorneys representing Defendant John Christner Trucking, LLC? This Notice explains your right to share in the monetary proceeds of this Settlement, exclude yourself (opt out) of the Settlement, or object to the Settlement. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. Served on 03/12/2021. Apr. "Courts in the Ninth Circuit have generally agreed that the choice-of-law analysis is irrelevant to determining if the enforcement of a forum selection clause contravenes a strong public policy." Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. Leaked News! 12 ("Reply"). If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. Submit. (Filing fee $ 400, receipt number 0972-7154708) (Attachments: # 1 Civil Cover Sheet) (Cottrell, Carolyn) [Transferred from California Eastern on 9/28/2017.] approve of John M Christner's performance Founded 1986 Company size 1001 to 5,000 Revenue $100M to $500M (USD) Industry Transportation & Logistics Headquarters Sapulpa Oklahoma, United . A. Served on 03/24/2021. 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. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. The clause here is clearly marked; the section header is bolded, and the forum-selection provision is in capital letters. Parts Coordinator. The original complaint alleged that truck drivers for the Sapulpa, Okla.-based company often worked 70-100 hours per week while being paid less than $500. We've also provided a list of contacts should you have any questions. 28 U.S.C 1404(a) provides that "[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." John Christner Trucking, LLC ERRATA/CORRECTION (Re: 269 Unopposed MOTION for Preliminary Approval of Class and Collective Action Settlement) by Thomas Huddleston (With attachments) Northern District of Oklahoma, oknd-4:2017-cv-00549. This lawsuit alleges that Defendant improperly classified Class Members as independent contractors instead of as employees, and Class Members were not provided meal and rest breaks, were not compensated for all hours worked, were not paid minimum wage, were not paid all wages due upon termination, were not provided timely and compliant itemized wage statements, were not reimbursed for necessary business expenses, and were subject to unfair business practices. 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. Co. v. Glasbrenner, 417 F.3d 353, 356 (2d Cir. Id. 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. Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. JCT contracted with Huddleston (a California resident) to pick up and drop off cargo in California, which is enough to satisfy the test. Join Our Community Today! Discussion in 'Report A BAD Trucking Company Here' started by GipsySoul, Sep 26, 2012. INTRODUCTION THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. Schwarzenegger, 374 F.3d at 805. at 581. "Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin." The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). Served on 04/27/2021. Feb 17, 2022. 10-1, Huddleston Decl. To calculate your estimated compensation package at JCT: Select OWNER OPERATOR or LEASE PURCHASE. Issued on 04/27/2021. He testifies that JCT said it would make every effort to make his first and last stop of any given trip in California so his work would be completed close to home, and that his first and last stops were indeed in California. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] 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. Id. Lease and other payments you end up with about $1000 on 3000 mile wk. 10-1, Huddleston Decl. The 'but for' test preserves the requirement that there be some nexus between the cause of action and the defendant's activities in the forum."
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