. Cal. The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. Served on 03/24/2021. Civ. Inc., 223 F.3d 1082, 1088 (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. "No one factor is dispositive; a court must balance all seven." 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 Court begins its analysis with JCT's challenge to personal jurisdiction. 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. 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 "); Turner v. Syfan Logistics, Inc., No. As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. CERT. 2014) (citing Murphy, 362 F.3d at 1141). JCT contracted with Huddleston (a California resident) to pick up and drop off cargo in California, which is enough to satisfy the test. Public-interest "factors will rarely defeat a transfer motion, [meaning that] the practical result is that forum-selection clauses should control except in unusual cases." The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. The clause here is clearly marked; the section header is bolded, and the forum-selection provision is in capital letters. 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. 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. Jag Trucking Inc. Revenue. Fifth, the question of efficient judicial resolution is neutral. [21-5025] [Entered: 03/11/2021 03:45 PM], Dallas County Texas Courts | Personal Injury | "As a general matter, California courts will enforce adequate forum selection clauses that apply to non-waivable statutory claims, because such clauses do[ ] not waive the claims, they simply submit their resolution to another forum." it must be reasonable." at 581. [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. 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." The combined revenue of both companies will exceed $1. Manner of Service: email. at 8. 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. JOHN CHRISTNER TRUCKING, LLC, Defendant. The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] Served on 04/27/2021. Every dime goes to the truck. Why one international organization is joining the fight. Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1080 (9th Cir. Hirschbach Motor Lines on Feb. 16 announced that it will acquire Sapulpa, Okla.-based refrigerated carrier John Christner Trucking. 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. Gulf Ins. Richards v. Lloyd's of London, 135 F.3d 1289, 1297 (9th Cir. Served on: 03/25/2021. Perry, 2011 WL 4080625, at *5. Response date set to 04/14/2021 for Carolyn H. Cottrell. If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. Id. 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. 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. at 24. at 17. Leaked News! at 294. ICOA 23. Served on 03/24/2021. Served on 03/12/2021. 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. 10. Atlantic Marine Const. Christner Trucking was facing a class-action lawsuit. See id. 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. John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. OF INTERESTED PARTIES: y. Schwarzenegger, 374 F.3d at 805. 1988). Line, Inc. v. Wartsila N. While the contracts will likely be used as evidence to prove or disprove the statutory claims, the claims do not arise out of the contract, involve the interpretation of any contract terms, or otherwise require there to be a contract."). Plaintiff Thomas Huddleston brings this wage-and-hour putative class action lawsuit against defendant John Christner Trucking, LLC ("JCT"). This rating has decreased by -4% over the last 12 months. Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." 2007) (citing Murphy, 362 F.3d at 1141; E.J. Cal. Co., Inc. v. U.S. Dist. 1404 and the forum-selection clause. Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], Docket[10817929] Acknowledgment of transcript order filed by Thomas Huddleston. 2015). Huddleston v. John Christner Trucking, LLC, 1:17-cv-00925-LJO-SAB (E.D. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. Cal. You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. DATE RECEIVED: 03/11/2021. 11-cv-2009 (LJO)(MJS), 2012 WL 393614, at *4 (E. D. Cal. 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." 2021-06-11, U.S. Courts Of Appeals | Other | 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." JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. 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. This factor does not weigh in favor of a finding of unreasonableness. 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. Atl. 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."). Opp. Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. Co, 134 S.Ct. Copyright 2023 Land Line Magazine & Land Line Now. 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. 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. (Oklahoma Class Period). This constitutes some purposeful injection into California and supports the reasonableness of the exercise of personal jurisdiction over JCT. Who are the attorneys representing Defendant John Christner Trucking, LLC? The court, however, "is obligated to draw all reasonable inferences in favor of the non-moving party and resolve all factual conflicts in favor of the non-moving party." 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | See, e.g., Brandi v. Belger Cartage Serv., Inc., 842 F. Supp. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] 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. at 298. 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. Good lease to make money. "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.'" Dec. 6, 2012). Served on 03/24/2021. at 18. See also Kia Motors Am., Inc. v. MPA Autoworks, No. This is an estimate of what your fixed expenses and variable expenses may be. 71st St., Suite 200Tulsa, OK 74136Telephone: (918) 970-2000Facsimile: (918) 970-2002. Our . Overall. 1391 (d). . (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. The Court will hold a Final Approval Hearing on October 31, 2022 at 10:30 a.m. before the Honorable Gregory K. Frizzell at U.S District Court for the Northern District of Oklahoma. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. [21-5025] [Entered: 03/15/2021 12:17 PM], Docket[10815131] Admissions letter sent. 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. 2d 1115, 1126 (E.D. In the event any portion of the Individual Settlement Amounts paid to Plaintiff and Class Participants is ultimately construed by the IRS or any other taxing authority to be taxable income from which taxes should have been withheld, Plaintiff and Class Participants shall pay any and all such taxes, interest, and penalties on the amount they receive. AB, 11 F.3d 1482, 1489 (9th Cir. 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. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. Id. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. Manner of Service: email. The classes consist of more than 3,000 truck drivers in the California Work Class and the Oklahoma class. Do yourself a favor and keep looking. Reply at 3. Have you been screwed by John Christner Trucking yet? 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." Opp. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. Thumbnails Document Outline Attachments Layers. Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir. Id. The organization will now operate over . (internal quotation marks omitted)). Narayan, 616 F.3d at 897; see also id. 7. 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. Huddleston has failed to provide any evidence that the Contract's terms regarding forum selection were not clearly communicated in the ICOA or that the inclusion of the forum selection clause was the product of fraud or overreaching. at 6-7 (N.D. Cal. Arising Out Of Forum-Related Activities. Hirschbach Motor Lines recently agreed to acquire John Christner Trucking (JCT), a refrigerated carrier based in Sapulpa, Oklahoma. Id. The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. Defendant is represented by the following attorneys: Christopher J. EckhartAngela S. CashKaren B. ReisingerSCOPELITIS, GARVIN, LIGHT,HANSON & FEARY, P.C.10 West Market Street, Suite 1400Indianapolis, IN 46204Telephone: (317) 637-1777Facsimile: (317) 687-2414, Bobby L. Latham, Jr.James L. ColvinLATHAM WAGNER STEELE LEHMAN1515E. 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. 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." Why is this public record being published online? 1:11-CV-02009 LJO, 2012 WL 393614, at *3-4 (E.D. John Christner founded JCT in 1986 with only 2 trucks. Certificate of Interested Parties: Yes. 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." 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. The "only issue" before the Supreme Court in Waffle House was "whether the fact that [an employee] has signed a mandatory arbitration agreement limits the remedies available to the EEOC." Id. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). 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 Certificate of Interested Parties: Yes. The lawsuit also claimed that it wasn't uncommon for drivers to receive negative paychecks. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). 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. Contact Who is John Christner Trucking, LLC Headquarters 19007 W Hwy 33, Sapulpa, Oklahoma, 74067, United States Phone Number (918) 227-1600 Website www.johnchristner.com Revenue $246.4M Industry Freight & Logistics Services Transportation For tax reporting purposes, all Individual Settlement Amounts will be reported on an U.S. Internal Revenue Service (IRS) 1099 Form. 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 10-1, Huddleston Decl. 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. (citing Iskanian for the proposition that representative PAGA claims may be brought in forums other than California state courts). ECF No. Id. Huddleston Decl. First name. See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. 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 . If you fail to keep your address current, you may not receive your Individual Settlement Amount. M/S Bremen, 407 U.S. at 18. Dubuque, Iowa-based Hirschbach Motor Lines announced the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. Huddleston claims JCT misclassified its "owner-operators" as independent contractors, rather than employees, and thus violated a variety of state and federal labor laws, including those governing payment of wages, minimum wage, meal and rest breaks, and wage reporting. (10/24/19 Mot hrng & 12/09/20 Sched conf.). In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. This message tells you what trips have. at 297. 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. Id. Seventh, Oklahoma is available as an alternative forum. See Local Rule 230(g). A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." Pros. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. The settlement administrator will total the number of settlement shares for all Class Participants; the resulting sum will be divided into the Net Settlement Amount to reach a per share dollar figure. Education funding and standards, certain business incentives, health care and transportation will be the lobbying priorities for the Tulsa Regional Chamber's OneVoice state legislative agenda this . Sign up for our weekly newsletter today! John Christner Trucking, LLC, N.D. Oklahoma (Case No.

Slipknot Members Height, Barbers Hill Basketball, Jana Duggar Married This Weekend, Articles J