A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." Id. Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. As such, the argument regarding fraud and overreaching fails. If you have questions about this Notice, or the Settlement, or if you did not receive this Notice in the mail and you believe that you are or may be a Class Member, you should contact Class Counsel or the Settlement Administrator.This Notice is only a summary. ; all claims for deceptive and unfair trade practices under the Oklahoma Consumer Protection Act, 15 Okla. Stat. Co, 134 S.Ct. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. Case Details Parties Documents Dockets Case Details Case Number: 21-5025 Filing Date: Thumbnails Document Outline Attachments Layers. A. 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. 2006)). CERT. Lease and other payments you end up with about $1000 on 3000 mile wk. JOHN CHRISTNER TRUCKING, LLC, Defendant. ECF No. 2021-06-11, U.S. Courts Of Appeals | Other | Id. "We are proud to partner with WorkAdvance and provide Tulsans with employment opportunities," said Angie Buchanan, vice president of Melton Truck Lines. DATE RECEIVED: 03/11/2021. at 582. 2012 WL 393614, at *1 (emphasis supplied). Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. No further written . Marcotte, 2014 WL 4477349, at *8 (quoting Besag v. Custom Decorators, Inc., No. See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Huddleston seeks to represent other "owner-operators" in a collective action under the Fair Labor Standards Act ("FLSA") and class actions under California and Oklahoma law. LaCross, 95 F. Supp. After the first two prongs of the test have been met, the defendant has the burden of showing that the Court's jurisdiction would be unreasonable. 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." Class Counsel will be paid from the Gross Settlement Amount of $9,250,000.00. "The party challenging the clause bears a 'heavy burden of proof.'" 3d at 1207 n.6. He testifies in his declaration that "[m]uch" of his JCT-related work took place in California and that he drove "all over" the state, including making a "significant portion" of his pick-ups and drop-offs in the cities within this District listed in paragraph 18 of the Complaint. [21-5025] [Entered: 04/14/2021 04:21 PM], Docket[10817932] Minute order filed - Transcript order form due 04/08/2021 for Brian Neil, Court Reporter. JCT has not met its burden of showing that this Court's exercise of specific jurisdiction would be unreasonable. Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. The purposeful-direction requirement is satisfied. 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. 17-cv-02081-RS ("Huddleston I"), slip op. Plaintiff opposed, ECF No. 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 Id. [Please open the Notice for important information.] How will the Attorneys for the Class Members be paid? Iskanian v. CLS Transp. LaCross v. Knight Transportation, Inc., 95 F. Supp. gimme fonts 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. John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. JCT will continue to operate as a separate, but highly integrated, company with Danny Christner joining Hirschbach as the president of JCT, according to a statement from Hirschbach. Once the plaintiff carries this burden, the defendant must come forward with a "compelling case" that the exercise of jurisdiction would not be reasonable. So basically they give you older trucks with almost 500k miles. ECF No. See also Narayan, 616 F.3d at 899; Quinonez v. Empire Today, LLC, No. at 21-22. To calculate your estimated compensation package at JCT: Select OWNER OPERATOR or LEASE PURCHASE. Certificate of Interested Parties: No. This field is for validation purposes and should be left unchanged. We can transport your goods at temperatures ranging anywhere from minus 20 degrees Fahrenheit to plus 90 degrees Fahrenheit and hold them at the temperature you specify. 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 . OF INTERESTED PARTIES: y. Overall. Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. P. 4(k)(1)(A). RLM [Entered: 03/12/2021 04:57 PM], [10814509] Civil case docketed. Preliminary record filed. 2011). Can Defendant retaliate against me for participating in this Settlement? 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. [21-5025] [Entered: 03/12/2021 05:19 PM], [10814925] Entry of appearance submitted by Rachel Lawrence Mor, Michael J. Blaschke, Carolyn Hunt Cottrell, David C. Leimbach, Michelle S. Lim and Robert S. Boulter for Appellant Thomas Huddleston for court review. This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. Va. Apr. B. Venue. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], [10817921] Docketing statement filed by Thomas Huddleston. Following redistribution, any unclaimed monies will be paid to Legal Services Corporation. Please do not contact the court. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 464 (1985). John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. 2d 1262, 1269 (W.D. Our . 3d 1199, 1206 n.4 (C.D. Id. This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. Id. When a case concerns enforcement of a forum-selection clause, 1404(a) provides a mechanism for its enforcement and "a proper application of section 1404(a) requires that a forum-selection clause be given controlling weight in all but the most exceptional cases." 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." Huddleston has submitted an affidavit outlining the "prohibitive" financial hardship associated with litigating this case in Oklahoma, Huddleston Decl. The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. While FLSA claims can arise in any state, JCT's decision to hire Huddleston, a California resident, to make pick-ups and drop-offs in California means that his claims arose, at least in part, there. Cancellation and Refund Policy, Privacy Policy, and Mark Schremmer, senior editor, joined Land Line in 2015. Dubuque, Iowa-based Hirschbach Motor Lines announced the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. 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. CV 05-4928-NM EX, 2006 WL 8074721, at *3 (C.D. 2006). 7. The Court held that an arbitration agreement to which the EEOC was not a party could not limit the remedies otherwise granted to the EEOC by statute, which not only had the authority to pursue independent actions in court for Title VII violations but, in the context of the suit, also had "exclusive authority over the choice of forum and the prayer for relief once a charge has been filed." op. 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 [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. [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). John Christner Trucking, LLC, No. This is an estimate of what your fixed expenses and variable expenses may be. Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). 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. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. R. Civ. Where a forum-selection clause uses the phrases "arising under," "arising out of," or similar language, the clause is construed narrowly to cover only disputes "relating to the interpretation and performance of the contract itself." 2006). See, e.g., Brandi v. Belger Cartage Serv., Inc., 842 F. Supp. 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"). John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . 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." Response date set to 04/14/2021 for Michelle S. Lim. You may have received a Notice of Settlement (Notice) because you (1) previously completed a valid Opt-In Consent Form to join this case; or (2) the records of John Christner Trucking, LLC (Defendant) show you qualify as a member of the California Class and/or the Oklahoma Class as defined in Section 3. ECF No. [21-5025] [Entered: 03/15/2021 12:17 PM], Docket[10815131] Admissions letter sent. Enforceability Of Forum-Selection Clause. [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. M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972). C 12-03959 WHA, 2012 WL 6087399, at *4 (N.D. Cal. The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). Instead, the federal circuit courts appear to agree that venue may be proper in multiple districts if a "substantial part" of the underlying events took place in each of those districts. Served on 04/27/2021. The Court begins its analysis with JCT's challenge to personal jurisdiction. Parts Coordinator. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. Certificate of Interested Parties: Yes. Ziegler v. Indian River County, 64 F.3d 470, 475 (9th Cir. (citing Carnival Cruise Lines, 499 U.S. at 595. at 581. Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. 4:17-CV-06257 | 2017-10-29, U.S. District Courts | Personal Injury | All Rights Reserved. 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.". John Christner Trucking adds 800 trucks to the Hirschbach fleet. Served on 03/24/2021. If you fail to keep your address current, you may not receive your Individual Settlement Amount. Both groups are considered Class Members in this Notice. Cal. JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. John Christner Trucking Case Summary On 03/11/2021 Huddleston filed a Labor - Labor Standard lawsuit against John Christner Trucking. JCT contracted with Huddleston (a California resident) to pick up and drop off cargo in California, which is enough to satisfy the test. Manner of Service: email. COO John Christner Trucking, LLC . Hirschbach acquiring John Christner Trucking, creating reefer giant. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. at 297. 2015). C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. Los Angeles, LLC, 59 Cal. 1993) holding modified by Yahoo! Served on 03/24/2021. at 298. Click UPDATE at the bottom of the calculator. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. 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. 4:20-CV-00638 | 2020-12-07, U.S. District Courts | Contract | [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] 5:20-CV-00915 | 2020-09-11, U.S. Courts Of Appeals | Civil Right | Good lease to make money. Code Ann. (Text Only - No Attachment). at 13-14 (emphasis in original). 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. By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. Civ. (citing Holliday, 2010 WL 3910143, at *4). The lawsuit also claimed that it wasn't uncommon for drivers to receive negative paychecks. 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." 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. John Christner Trucking JCT Never lease with this company as long as BA and JM are there. John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. The first, known as "general jurisdiction," exists if the defendant's contacts with the forum are "so substantial and of such a nature as to justify suit against it on causes of action arising from dealings entirely distinct from those activities." Report this profile . Rhode Island is appealing a court ruling that ended the states truck-only tolls. We are all in this together. at 11-12. CERT. Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir. at 24. Id. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. 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. For tax reporting purposes, all Individual Settlement Amounts will be reported on an U.S. Internal Revenue Service (IRS) 1099 Form. Feb. 6, 2012). C. 28 U.S.C. at 24. Atl. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. Line, Inc. v. Wartsila N. The Court applies federal law to the interpretation and enforcement of a forum-selection clause. 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. Understand also that this is a lease. 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." The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. 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. App. 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. | All Rights Reserved. Id. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290).
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