Whether JCT violated the California Labor Code and Wage Orders will be answered not by looking to the ICOA but instead by the statutes and regulations governing Huddleston's claims. Served on 03/24/2021. "[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." Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. For the foregoing reasons, the Court GRANTS IN PART Defendant's Motion To Dismiss Or, In The Alternative, To Transfer Venue, and ORDERS this case TRANSFERRED to the Northern District of Oklahoma for all further proceedings. The ICOA's choice-of-law provision is narrower than the forum-selection clause. 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." 1990), rev'd on other grounds, 499 U.S. 585 (1991); see also Walden, 134 S. Ct. at 1121 ("For a State to exercise jurisdiction consistent with due process, the defendant's suit-related conduct must create a substantial connection with the forum State."). 410.10 (2004). --------. Silver Valley Partners, LLC v. De Motte, 400 F. Supp. CIVF 07-1321 AWI SMS, 2007 WL 3341389, at *7 (E.D. No. You will, have to pay for your own DOT physical and drug screen, your first settlement will be -$111.00(YES NEGATIVE), relay . You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. The forum-selection clause here provides that "any claim or dispute arising from or in connection with" the ICOA "shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma." Yahoo! at 7. JCT Media Center. [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. 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. 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." Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. Indeed, courts have found the requirements of specific personal jurisdiction satisfied where a shipping company contracts to ship goods from one state to a second state and a cause of action arises in a third state through which the goods were passing. JCT has not met its burden of showing that this Court's exercise of specific jurisdiction would be unreasonable. ICOA 23. Marine, 134 S. Ct. at 583. 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. 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." Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. When venue is challenged, the court must determine whether the case falls within one of the three categories set out in the general venue statute, 28 U.S.C. Join to connect John Christner Trucking, LLC. Cal. 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. 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. According to the complaint, Huddleston worked as an "owner-operator" for JCT until August 2016. ROBERTO BALDERRAMA vs. JOHN CHRISTNER TRUCKING, JACQUELINE BRADFORD, Ordosgoitti v. Werner Enterprises, Inc. et al, Chandler et al v. Craters & Freighters Franchise Company, Beissel et al v. Western Flyer Express, LLC, Board of Education of Yukon Oklahoma Public Schools v. SYSCO USA II, LLC, Seay et al v. Oklahoma Board of Dentistry et al, Seay, et al v. Oklahoma Board of Dentistry, et al. "Public-interest factors may include 'the administrative difficulties flowing from court congestion; the local interest in having localized controversies decided at home; [and] the interest in having the trial of a diversity case in a forum that is at home with the law.'" 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. Please do not contact the court. Thus, Huddleston need not show that the Eastern District of California has the most substantial relationship to the dispute, Kirkpatrick v. Rays Group, 71 F. Supp. CDL Solo and Team Truck Drivers - Hickory, PA - John Christner Trucking CERT. See also Narayan, 616 F.3d at 899; Quinonez v. Empire Today, LLC, No. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. Under California's long-arm statute, courts may exercise personal jurisdiction "on any basis not inconsistent with the Constitution of this state or of the United States." 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. Jct Lease Purchase - Page 1 | TruckingTruth Forum First name. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). 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." 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. 1 at 18. Working at John Christner Trucking: 135 Reviews | Indeed.com 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. For tax reporting purposes, all Individual Settlement Amounts will be reported on an U.S. Internal Revenue Service (IRS) 1099 Form. Huddleston I, slip op. "'Overreaching' is a ground 'short of fraud,' and a mere showing of 'non-negotiability and power difference' does not render a forum selection clause unenforceable." Co, 134 S.Ct. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. Objections shall only be considered if the Class Member has not opted out of the Settlement. 5 ("Mot."). This factor does not weigh against transfer. See 28 U.S.C. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], [10825412] Filed notice record is complete. Change of Address Success - John Christner Truck Driver Settlement (California Class Period), who (1) entered into an Independent Contractor Operating Agreement with Defendant, (2) entered into a Lease Agreement with either Defendant or Three Diamond Leasing, LLC, and (3) were classified as independent contractors. Category: Trucking Companies. Id. at *4. This Settlement is a compromise and is not an admission of liability on the part of Defendant. op. John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. You do not take home any money. If at the conclusion of the 180-day void period, there are any uncashed checks, the settlement administrator will redistribute those monies to Class Participants who did cash their checks. JCT was started in 1986 by the John Christner. 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. [21-5025] [Entered: 03/11/2021 03:45 PM]. Id. Huddleston does not argue that the Court could exercise general jurisdiction over JCT but contends that the Court does have specific jurisdiction over JCT. You will if you sign a lease! Finally, one place to get all the court documents we need. In support of its motion to dismiss, JCT submits, inter alia, a declaration from Shannon Crowley, Vice President of Risk Management. Line, Inc. v. Wartsila N. ECF No. 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 . 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. 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. Core-Vent Corp. v. Nobel Indus. A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." This is an estimate of what your fixed expenses and variable expenses may be. Leaked News! 10-1, Huddleston Decl. [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. Am., Inc., 485 F.3d 450, 457 (9th Cir. You pay about $1000 week for lease with good miles. INTRODUCTION Huddleston v. John Christner Trucking, LLC, No. 4:2017cv00549 3d 1199, 1206 n.4 (C.D. 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. Hirschbach Motor Lines on Feb. 16 announced that it will acquire Sapulpa, Okla.-based refrigerated carrier John Christner Trucking. Long hours and little pay: Lawsuit claims local trucking company A review of the distirct court docket shows transcripts ordered were already on file. 1391. Last name. 801, et seq. . 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. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. Bancroft & Masters, Inc. v. Augusta Nat. Served on 03/24/2021. 4:21-CV-00132 | 2021-03-24, U.S. District Courts | Other | Hirschbach Motor Lines acquires John Christner Trucking at 7. . 12. # 9). 752, et seq. (Text Only - No Attachment). . 2010))). It is unlawful for Defendant to take any adverse action against you as a result of your participation in this Settlement. 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.". Feb. 6, 2012). Nov. 4, 2010); Ronlake v. US-Reports, Inc., No. The Court begins its analysis with JCT's challenge to personal jurisdiction. ECF No. at 581 n.6 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 241 n.6 (1981) (internal quotation marks omitted)). 1404 And Forum-Selection Clause. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], [10817921] Docketing statement filed by Thomas Huddleston. See Dole Food Co. v. Watts, 303 F.3d 1104, 1114 (9th Cir. JCT's setting employment policies and wages is an "intentional act" that satisfies the first prong, and applying them in the forum state likewise satisfies the third prong. Wreaths Across America Reply at 3. This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. John Christner Trucking asked the court to deny certification because Huddleston has failed to demonstrate that Californias wage and hour laws apply to him or any other putative class member.. [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). 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."). 10-cv-02049 (WHA), 2010 WL 4569873, at *2-3 (N. D. Cal. ICOA 23. We are all in this together. Court for W. Dist. C 12-03959 WHA, 2012 WL 6087399, at *4 (N.D. Cal. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] TEXT ONLY ORDER: The parties having announced a settlement, they are to submit an agreed order of dismissal to the District Judge on or before 9/1/15. Ripoff Report | John Christner Truc Review - Internet, Internet CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. Because the parties' private interests should not be considered, the district court may consider only arguments about public-interest factors. Manetti-Farrow, Inc. v. Gucci Am., Inc., 858 F.2d 509, 513 (9th Cir. Why one international organization is joining the fight. The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. 10 ("Opp. We've also provided a list of contacts should you have any questions. 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. at 13-14 (emphasis in original). 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. The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . Fill out the form below to receive a free and confidential initial consultation. JCT leases facilities in Phoenix, Arizona, and Oklahoma City, Oklahoma. 1391 (d). 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. The Crowley declaration includes as an exhibit a copy of the "Independent Contractor Operating Agreement" ("ICOA") that Huddleston signed. 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. C. 28 U.S.C. b. Thread Status: Not open for further replies. It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. As it is his burden to show the public interest factors weigh in his favor, he has failed to meet his burden as to this public interest factor. Ronlake v. US-Reports, Inc., No. 752, et seq. See Leroy v. Great W. United Corp., 443 U.S. 173, 180 (1979) ("The question of personal jurisdiction, which goes to the court's power to exercise control over the parties, is typically decided in advance of venue, which is primarily a matter of choosing a convenient forum."). The Court applies federal law to the interpretation and enforcement of a forum-selection clause. CERT. JCT argues that neither general nor specific personal jurisdiction exists here. (citing Carnival Cruise Lines, 499 U.S. at 595. Hirschbach Motor Lines today announced the completion of the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. 9. 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. ECF No. So basically they give you older trucks with almost 500k miles. 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. Issued on 04/27/2021. Id. [Please open the Notice for important information.] John Christner Trucking - Inc. John Christner Trucking LLC. 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. If you wish to object to the Settlement but fail to return your timely written objection in the manner specified above, you shall be deemed to have waived any objection and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement. Team Leader in Settlement Services #219682 - linkedin.com Dec. 6, 2012). Huddleston has also presented a prima facie case under the purposeful availment test. at 298. 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. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], [10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." Oklahoma Class All current and former individuals who provide(d) transportation services for Defendant within the United States, who (1) entered into an Independent Contractor Operating Agreement with Defendant, and (2) entered into a Lease Agreement with Defendant or Three Diamond Leasing, LLC, from April 12, 2014 to June 21, 2022. 2007). Mot. . "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." Certificate of Interested Parties: No. Served on 04/27/2021. App. 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. 1:11-CV-02009 LJO, 2012 WL 393614, at *3-4 (E.D. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Attorney at Scopelitis Garvin Light Hanson & Feary, Attorney at Schneider Wallace Cottrell Konecky, Docket[10826612] On the court's own motion and pursuant to 10th Cir. Federal judges approved separate class certifications for divers in Oklahoma and California. [Please open the Notice for important information.] 206, et seq. . The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. With combined revenues expected to exceed $1 billion annually, the reefer conglomerate will operate more than 3,000 trucks and . 2011). | All Rights Reserved. The per share dollar figure will then be multiplied by each Class Participants total number of settlement shares to determine the Class Participants pro rata share of the Net Settlement Amount. Robles v. Comtrak Logistics, Inc., No. 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."). LaCross v. Knight Transportation, Inc., 95 F. Supp. Working At John Christner Trucking: Employee Reviews and Culture - Zippia 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 "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.'" 2015). Pros. Lease and other payments you end up with about $1000 on 3000 mile wk. 4:17-CV-06257 | 2017-10-29, U.S. District Courts | Personal Injury | JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. [21-5025] [Entered: 03/15/2021 11:58 AM], Docket[10814928] Entry of appearance filed by Michael J Blaschke, Mr. Robert S. Boulter, Ms. Carolyn H. Cottrell, Mr. David C. Leimbach, Ms. Michelle S. Lim and Ms. Rachel Lawrence Mor for Thomas Huddleston. Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. 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." NEW! 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 Id. 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 Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. The policies at issue may have their origin in Oklahoma, but JCT's decision to purposefully direct its activities toward California and apply those policies in this forum give rise to specific personal jurisdiction. (citing Iskanian for the proposition that representative PAGA claims may be brought in forums other than California state courts). C. Forum-Selection Clause And 28 U.S.C. Temperature-controlled carrier Hirschbach acquires John Christner Trucking Have you been screwed by John Christner Trucking yet? Served on: 03/25/2021. 1998). 1391(b). Id. Sixth, a California forum is important to Huddleston's interest in convenient relief, since he is a resident of and works in this forum and has averred that traveling to Oklahoma to litigate this case would present a burden.
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