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LaCross, 95 F. Supp. Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse. Served on 03/24/2021. 1998). 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. Adjust the GREEN FIELDS below. 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. Wash. 2005). [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. Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." [21-5025] RLM [Entered: 03/25/2021 04:03 PM], [10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Weekly Settlement Deduction with JCT (John Christner Trucking) 4,877 views Jan 20, 2020 64 Dislike Share Save Trucking with Miss Tee 1.95K subscribers Deduction that will come out of your. B. JCT moves to dismiss based on lack of personal jurisdiction and improper venue or, in the alternative, to transfer the case to the Northern District of Oklahoma, the forum specified in the forum-selection clause of the contract between the parties. Objections shall only be considered if the Class Member has not opted out of the Settlement. The ICOA's choice-of-law provision is narrower than the forum-selection clause. The touchstone for asserting specific jurisdiction over a nonresident defendant is "the relationship among the defendant, the forum, and the litigation." 2004). # 9). JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. Id. John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. 3d 1199, 1207 (C.D. 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." Danny Christner - Chief Executive Officer - John Christner Trucking UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. More than 3,000 truck drivers were involved. Aug. 13, 2014). It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199 (9th Cir. John Christner Trucking - Inc. John Christner Trucking LLC. Mot. Media Center | John Christner Trucking Civ. 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."). ECF No. 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." 5:15CV81, 2016 WL 1559176, at *5 (W.D. Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). The combined revenue of both companies will surpass $1 billion and propel . 1404 And Forum-Selection Clause. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. 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. Huddleston v. John Christner Trucking, LLC, 1:17-cv-00925-LJO-SAB (E.D. A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." at 581. Manner of Service: email. 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. 752, et seq. 17-cv-02081-RS ("Huddleston I"), slip op. See Local Rule 230(g). In a state which has more than one judicial district, corporate defendants "shall be deemed to reside in any district within which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate state." 10 West Market Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 637-1777 Facsimile: (317) 687-2414 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. If you fail to keep your address current, you may not receive your Individual Settlement Amount. Co, 134 S.Ct. Huddleston does not exclusively bring California claims; the Complaint also contains four causes of action under Oklahoma law, and in any case, "federal judges routinely apply the law of a State other than the State in which they sit." Compare Gonzalez v. Crete Carrier, Consequently, when evaluating a 1404(a) motion based on a forum-selection clause, a court should transfer, Full title:THOMAS HUDDLESTON, individually and on behalf of all others similarly, Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, In Huddleston, Chief Judge O'Neill of this district confronted a materially identical clause: "This Agreement shall be interpreted in accordance with, and governed by the laws of the United States and, of the State of Oklahoma.". (internal quotation marks omitted)). Manner of Service: email. Sign up for our weekly newsletter today! Cal. Popular Searches. 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. 1. 4:17-cv-00549-GKF-CDL). [21-5025] [Entered: 04/19/2021 04:25 PM], Docket[10822480] Attorney Ms. Michelle S. Lim for Thomas Huddleston admitted to the bar of this court. 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. Still others have found that they are neither tort nor contract claims. 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 [21-5025] [Entered: 04/27/2021 08:32 AM], [10823665] Minute order filed - Notice due that record is complete by 04/27/2021 for Mark C. McCartt, Clerk of Court (oclk). Thumbnails Document Outline Attachments Layers. ECF No. John Christner Trucking, LLC - Overview, News & Competitors - ZoomInfo 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. 897 F.2d 377, 385 (9th Cir. (Filing fee $ 400, receipt number 0972-7154708) (Attachments: # 1 Civil Cover Sheet) (Cottrell, Carolyn) [Transferred from California Eastern on 9/28/2017.] 8:20-CV-00421 | 2020-10-14, U.S. District Courts | Contract | Mot. Marine, 134 S. Ct. at 584. Password (8+ characters) No further written . Atl. Also, every "owner-operator" completes an orientation at those headquarters. 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." This class action case was initiated by Robert Boulter and co-counsel in 2017 on behalf of driver Thomas Huddleston against Oklahoma based trucking giant John Christner Trucking (JCT) and arises out of its lease purchase program. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Huddleston Decl. "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." JCT argues that because it is an Oklahoma corporation that holds its driver orientations in Oklahoma and bases its drivers' compensation on miles traveled nationwide, not merely in California, it "never directed its actions at California," and the second prong is left unsatisfied. Class Counsel will file a Motion for Attorneys Fees and Costs with the Court. Good lease to make money. 1988). Report this profile . 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"). 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. Cases involving labor standard violations, Fair Labor Standards Act (FLSA) - 29 USC 201, [10826612] On the court's own motion and pursuant to 10th Cir. Response date set to 04/14/2021 for Michelle S. Lim. 4:20-CV-00638 | 2020-12-07, U.S. District Courts | Contract | 0. Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. John Christner Truck Driver Settlement - Huddleston s. John Christner Id. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. 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. CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. Marine, 134 S. Ct. at 583. The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. CDL Solo and Team Truck Drivers - Hickory, PA - John Christner Trucking This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. The Court concludes that the forum selection clause of the ICOA is valid and enforceable. Working at John Christner Trucking: 135 Reviews | Indeed.com 7. Huddleston has submitted an affidavit outlining the "prohibitive" financial hardship associated with litigating this case in Oklahoma, Huddleston Decl. 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. 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. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] Purposeful availment is not enough; the claims in this case must also arise out of FCT's contacts with California. 20-610 | 2020-11-09, U.S. District Courts | Contract | Richards v. Lloyd's of London, 135 F.3d 1289, 1297 (9th Cir. [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. Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. At John Christner Trucking, our primary focus is on truckload transportation, with an emphasis on temperature controlled products. Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). Response date set to 04/14/2021 for David C. Leimbach. 5:20-CV-00915 | 2020-09-11, U.S. Courts Of Appeals | Civil Right | John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. 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." If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. In re John Christner Trucking, LLC - casetext.com Fill out the form below to receive a free and confidential initial consultation. Jane Gantz - Carrier Settlement - John Christner Trucking | LinkedIn 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. 9. Who are the attorneys representing Defendant John Christner Trucking, LLC? You make about $3600 per week. Id. This factor does not weigh against transfer. 10 ("Opp. He further testifies that litigating this case in Oklahoma would impose a prohibitive economic hardship on him due to the cost of travel and time away from work, problems that he would not experience if the case were to remain in California. DATE RECEIVED: 03/11/2021. Every dime goes to the truck. Jct Lease Purchase - Page 1 | TruckingTruth Forum Your written objection must state whether you will attend the Final Approval Hearing, and your written notice of your intention to appear at the Final Approval Hearing must be filed with the Court and served upon Class Counsel and Defendants counsel on or before Saturday, September 24, 2022. at 319. ICOA 23. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. at 21-22. Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. Id. International Shoe Co. v. Washington, 326 U.S. 310, 318 (1945). By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 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. (Text Only - No Attachment). 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. [21-5025] [Entered: 03/11/2021 03:45 PM]. John Christner Trucking adds 800 trucks to the Hirschbach fleet. Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. 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. 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. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. Id. JCT Variable Lease P. 4(k)(1)(A). Served on: 03/25/2021. Cal. [a] forum [selection] clause should control absent a strong showing that it should be set aside." Change of Address Success - John Christner Truck Driver Settlement John Christner Trucking Case Summary On 03/11/2021 Huddleston filed a Labor - Labor Standard lawsuit against John Christner Trucking. A federal judge in Oklahoma approved separate class certifications for more than 3,000 truck drivers in a misclassification lawsuit against John Christner Trucking. Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. Manner of Service: email. Have you been screwed by John Christner Trucking yet? You will if you Mark Schremmer, senior editor, joined Land Line in 2015. Join Our Community Today! RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. The clause here is clearly marked; the section header is bolded, and the forum-selection provision is in capital letters. (citing Carnival Cruise Lines, 499 U.S. at 595. 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. . See also Kia Motors Am., Inc. v. MPA Autoworks, No. 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." 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. Plaintiff bears the burden of showing that venue is proper. Id. GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. Hirschbach to acquire John Christner Trucking - TheTrucker.com Co., Inc. v. U.S. Dist. [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. 74] of the defendant, John Christner Trucking, LLC ("JCT"). The court denied motions for certification to a California resident class and the portion of the Oklahoma class related to the Oklahoma Business Opportunity Sales Act claims. Los Angeles, LLC, 59 Cal. "Even though the defendant's headquartersfrom which the challenged policies originatedwere located outside of California, jurisdiction was still proper based on the application of the policies to the company's activities in this state." 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. 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. John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. 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. Opp. [21-5025] [Entered: 04/20/2021 09:24 AM], Docket[10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. 20-6072 | 2020-05-21. 5-3, Huddleston v. John Christner Trucking, LLC, No. Updated May 4, 2022. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. 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. Ronlake v. US-Reports, Inc., No. California's labor laws "are part of a broad regulatory policy defining the obligations" of employers "without regard to the substance of [their] contractual obligations." ECF No. 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." Core-Vent Corp. v. Nobel Indus. Enforceability Of Forum-Selection Clause. 1391 (d). Forum-selection clauses are also scrutinized for "fundamental fairness," and may be deemed unfair if inclusion of the clause was motivated by bad faith, or if the party had no notice of the forum provision. 4th 348, 394 (2014) (internal quotation marks and citation omitted). ." Indeed, the list of pick-ups and drop-offs appended as Exhibit B to the Crowley Declaration shows that twelve of the twenty-five loads that JCT assigned to Huddleston had origin or destination points within the state of California. 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. But after fuel. Job Search | John Christner Trucking Marine Const. 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.

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