john christner trucking settlement john christner trucking settlement

Current Outline Item. 897 F.2d 377, 385 (9th Cir. However, under certain circumstances, public policy considerations may lead to non-enforcement of an otherwise valid forum selection clause: Huddleston argues that enforcement of the forum-selection clause would operate in tandem with the choice-of-law provision to apply Oklahoma law to his claims and "result in a wholesale waiver of all state wage and hour remedies." 2d 1262, 1269 (W.D. 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. . Aug. 13, 2014). This factor does not weigh against transfer. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). A former safety manager for a California company has been sentenced to probation for a conspiracy involving the illegal repair of cargo tanks. Being primarily a FLSA case, JCT contends, "[i]t cannot be said that JCT's California operations made the FLSA claim (or Oklahoma state claims) uniquely possible." 2009) (called into question on other grounds by Narayan v. EGL, Inc., 616 F.3d 895, 899, 904 (9th Cir. 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. shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . The Court applies federal law to the interpretation and enforcement of a forum-selection clause. No money will revert to Defendant. | All Rights Reserved. John Christner Trucking, L.L.C. --------. Served on 03/24/2021. Cal. 1988). 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. This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. # 9). John Christner Trucking, LLC, N.D. Oklahoma (Case No. (citing Carnival Cruise Lines, 499 U.S. at 595. 5:15CV81, 2016 WL 1559176, at *5 (W.D. Why is this public record being published online? (Filing fee $ 400, receipt number 0972-7154708) (Attachments: # 1 Civil Cover Sheet) (Cottrell, Carolyn) [Transferred from California Eastern on 9/28/2017.] Join to connect John Christner Trucking, LLC. Password (8+ characters) Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. Opp. 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 5). 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. Arising Out Of Forum-Related Activities. Served on 03/25/2021. Christner got his start in trucking in the 1960s hauling produce from California and returning to the coast with juice or meat, and this is still the core of what JCT does today. 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. Va. Apr. 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. 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." This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. Id. Sep. 27, 2017). As to plaintiff specifically, Crowley testifies that only three of Huddleston's twenty-five pick-ups or deliveries were in the Eastern District of California. Phone: 8003241900. Case information including a copy of the complaint can be found here . 2d 204, 213 (W.D.N.Y. [21-5025] [Entered: 03/15/2021 11:58 AM], [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. 3d 1199, 1206 n.4 (C.D. 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. Dubuque, Iowa-based Hirschbach Motor Lines announced the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. This matter is now ripe for review and is suitable for disposition without oral argument. 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. Huddleston does not allege that he was prevented from reading the IOCA, misled about the effect of the forum-selection clause, or that the clause was fraudulently inserted without his knowledge. Rather, "for venue to be proper, significant events or omissions material to the plaintiff's claim must have occurred in the district in question, even if other material events occurred elsewhere." Id. Richards v. Lloyd's of London, 135 F.3d 1289, 1297 (9th Cir. DATE RECEIVED: 03/11/2021. "'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." Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. 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. Manner of Service: email. To do so, send a letter to the settlement administrator explaining the basis for your dispute and attach copies of the supporting evidence. Fifth, the question of efficient judicial resolution is neutral. 1. Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. Opp. "We are proud to partner with WorkAdvance and provide Tulsans with employment opportunities," said Angie Buchanan, vice president of Melton Truck Lines. at 297. The DM speaks to their Drivers poorly and use profanity. Cal. 5-3, Huddleston v. John Christner Trucking, LLC, No. Served on 03/25/2021. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. JCT is big enough to offer all you need to be successful but we're small enough to know you by name. Served on: 03/25/2021. 21% of John Christner Trucking employees are women, while 79% are men. Iowa-based Hirschbach Motor Lines has acquired John Christner Trucking, a refrigerated carrier based in Sapulpa. No. 5 ("Mot."). Id. 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. ECF No. By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. 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. My experience working at John Christner Trucking was a good experience. 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.". A review of the distirct court docket shows transcripts ordered were already on file. $246.4 M. Employees. 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. 752, et seq. 1979). 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."). 4th 15, 21 (2012) (holding that a lawsuit "to enforce rights arising under the Labor Code benefitting employees but not independent contractors" did not "concern the application or interpretation of the" parties' employment agreements because the "petitioners' rights under the Labor Code are distinct from their contractual rights under the [a]greements"). . This rating has decreased by -4% over the last 12 months. CLAIRE V. EAGAN UNITED STATES DISTRICT JUDGE OPINION AND ORDER Now before the Court is Defendants John Christner Trucking, LLC and Three Diamond Leasing, LLC's Motion to Dismiss and Brief in Support (Dkt. 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. A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. 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." 4:20-CV-00638 | 2020-12-07, U.S. District Courts | Contract | Last year's revenues were $185 million, and the company expects to reach $200 million this year. Iskanian v. CLS Transp. Hirschbach, based in Dubuque, Iowa, is a privately owned carrier . Id. John Christner Trucking Just Sold To Hirschbach Trucking 5 Min Ago Grab some Mutha Trucker Gear@ https://theasianmaishow.com/ For information . Marine, 134 S. Ct. at 583. 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." 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. Thumbnails Document Outline Attachments Layers. Mot. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. it must be reasonable." [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. Don't miss out on our weekly happenings within our company! In contract cases, the Ninth Circuit inquires whether a defendant "purposefully avails itself of the privilege of conducting activities" or "consummate[s] [a] transaction" in the forum, focusing on activities such as delivering goods or executing a contract. 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. Cal. Id. Discussion in 'Report A BAD Trucking Company Here' started by GipsySoul, Sep 26, 2012. Apr. Plaintiff bears the burden of showing that venue is proper. 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. 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. John Christner Trucking LLC Sapulpa, OK. Quick Apply. B. Venue, Federal Rule of Civil Procedure 12(b)(3) authorizes motions to dismiss for improper venue. JCT argues that neither general nor specific personal jurisdiction exists here. John Christner Trucking, LLC, No. at 17. 1995). B. Venue. 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. 2012). 1. Cal. Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. 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. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. Reply at 3. Id. JCT restricts all routes accross I-90 but if driver does not say anything about added miles to avoid JCT WILL NOT Pay them same as using I-70 west of Denver in winter. The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. Mot. [21-5025] [Entered: 04/27/2021 08:32 AM], Docket[10823665] Minute order filed - Notice due that record is complete by 04/27/2021 for Mark C. McCartt, Clerk of Court (oclk). Robles v. Comtrak Logistics, Inc., No. 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. 2006). None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. "), and JCT replied, ECF No. 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. . Id. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. 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." [21-5025] [Entered: 04/19/2021 04:25 PM], [10822480] Attorney Ms. Michelle S. Lim for Thomas Huddleston admitted to the bar of this court. Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. JCT Media Center. at 319. Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. Finally, one place to get all the court documents we need. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], [10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Hirschbach Motor Lines on Feb. 16 announced that it will acquire Sapulpa, Okla.-based refrigerated carrier John Christner Trucking. But after fuel. Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. The original complaint alleged that truck drivers for John Christner Trucking often worked 70-100 hours per week while being paid less than $500. International Shoe Co. v. Washington, 326 U.S. 310, 318 (1945). Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199 (9th Cir. CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. Id. Served on 03/24/2021. 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. 4:21-CV-00132 | 2021-03-24, U.S. District Courts | Other | 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. Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1080 (9th Cir. As such, the Class Participants understand and agree that they are providing the Released Parties with a full and complete release with respect to the Released Claims. 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. In essence, the lawsuit alleges JCT made false representations about its lease purchase program and concealed material facts. (FLSA Collective 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, (3) were classified as independent contractors, and (4) validly opted in to the FLSA collective on or before February 14, 2020 (FLSA Collective Members). The party opposing enforcement of the forum selection clause on the grounds of fraud or overreaching "must show that the inclusion of the clause itself into the agreement was improper; it is insufficient to allege that the agreement as a whole was improperly procured." Thus, this factor is not at issue. [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. In contract cases, courts generally apply the purposeful availment test, while in tort cases they use the purposeful direction analysis. Cal. This factor primarily concerns "where the witnesses and the evidence are likely to be located." 10. John Christner Trucking has 500 employees. Scam Internet. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. Cal. 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. OF INTERESTED PARTIES: n. Served on 03/12/2021. Huddleston has submitted an affidavit outlining the "prohibitive" financial hardship associated with litigating this case in Oklahoma, Huddleston Decl. Narayan, 616 F.3d at 897; see also id. Co, 134 S.Ct. This constitutes some purposeful injection into California and supports the reasonableness of the exercise of personal jurisdiction over JCT. 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." Federal judges approved separate class certifications for divers in Oklahoma and California. C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. Therein, he states that he is a resident of California and that much of his work activity took place in California. 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." If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. He testifies in his declaration that litigating in Oklahoma would impose substantial travel costs, including airfare, rental cars, and hotel stays; that if he were to miss "any significant time away from work," his employer may withhold work or terminate his position entirely; and that being the primary wage-earner means that missed wages may threaten his ability to support his family. 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. Job Summary The Parts Coordinator is responsible for taking parts order, dealing one-on-one with mechanics and drivers. ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. 10-1, Huddleston Decl. Updated May 4, 2022. 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. at 6-7 (N.D. Cal. Cancellation and Refund Policy, Privacy Policy, and 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. 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. Id. 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. CERT. 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.