Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. 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 claims in this lawsuit are brought under federal law, California law, and Oklahoma law. 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." Any disputes must be postmarked by Saturday, September 24, 2022, and should be mailed to Huddleston v. JCT Settlement Administrator, P.O. 4:17-cv-00549-GKF-CDL). The 19 causes of action in the lawsuit: at 319. 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." Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. at 581. JCT argues in the alternative that even if this Court does have specific personal jurisdiction and venue is proper in this District, the case should be transferred to the Northern District of Oklahoma pursuant to 28 U.S.C. Do yourself a favor and keep looking. 7. The combined revenue of both companies will exceed $1 billion and will propel Hirschbach to be one of the nation's largest refrigerated carriers. Understand also that this is a lease. Enforceability Of Forum-Selection Clause. Hirschbach, based in Dubuque, Iowa, is a privately owned carrier . 3d at 1207 n.6. 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. See Piedmont Label Co. v. Sun Garden Packing Co., 598 F.2d 491, 496 (9th Cir. (Oklahoma Class Period). Have you been screwed by John Christner Trucking yet? This is so, he argues, because the ICOA provides for the application of Oklahoma law, and under Oklahoma law, Huddleston does not meet the statutory definition of "employee" and does not qualify for the sorts of unwaivable statutory remedies to which he would otherwise be entitled under California law. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], [10825412] Filed notice record is complete. 3:21-CV-01669 | 2021-07-20, Dallas County District Courts | Personal Injury | Served on: 03/25/2021. 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. Rowen v. Soundview Commc'ns, Inc., No. 30-31, Ex. 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. 752, et seq. A former safety manager for a California company has been sentenced to probation for a conspiracy involving the illegal repair of cargo tanks. 2015). 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." I would still be there if I were able to still be there. 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. Sep. 27, 2017). 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. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. Now as a fleet of over 800 trucks, John has had the support of many throughout the years, including his two sons Danny & Darryl. it must be reasonable." Full-Time. Report this profile . The forum-selection clause here, as discussed above, uses broader language that does cover claims brought "in connection with" the employment relationship, even if they do not rely on interpretation of the ICOA itself. [21-5025] [Entered: 03/12/2021 05:19 PM], Docket[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. at 581. 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. One (1) settlement share for each FLSA Workweek. Although the ICOA "will likely be used as evidence" to support Huddleston's statutory claims, his "claims do not arise out of the contract, involve the interpretation of any contract terms, or otherwise require there to be a contract" in the first place. Arising Out Of Forum-Related Activities. The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. Join Our Community Today! Id. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], [10817921] Docketing statement filed by Thomas Huddleston. Yahoo! Current Outline Item. The ICOA's choice-of-law provision is narrower than the forum-selection clause. 1995). 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], Docket[10817929] Acknowledgment of transcript order filed by Thomas Huddleston. The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . The combined revenue of both companies will surpass $1 billion and propel . Huddleston asserts that while JCT representatives outlined certain provisions of the ICOA prior to his signing it, he was unaware of the forum-selection clause and its implications. Job Summary The Parts Coordinator is responsible for taking parts order, dealing one-on-one with mechanics and drivers. Select SOLO DRIVER or TEAM DRIVER. Dec. 6, 2012). "), and JCT replied, ECF No. Issued on 04/27/2021. Every dime goes to the truck. 2d 1262, 1269 (W.D. . Defendant is represented by the following attorneys: Christopher J. Eckhart Angela S. Cash Karen B. Reisinger SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C. [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. In Shute v. Carnival Cruise Lines, the Ninth Circuit reasoned that "[t]he 'but for' test is consistent with the basic function of the 'arising out of requirementit preserves the essential distinction between general and specific jurisdiction. Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." There are two kinds of personal jurisdiction that a court may exercise over an out-of-state defendant. 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." We've also provided a list of contacts should you have any questions. Updated May 4, 2022. The touchstone for asserting specific jurisdiction over a nonresident defendant is "the relationship among the defendant, the forum, and the litigation." 801, et seq. john christner trucking Inc. John Christner Trucking. . "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." at 581-82. You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. 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 DATE RECEIVED: 03/11/2021. 10 ("Opp. 2006). Iskanian v. CLS Transp. ICOA 23. b. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. . 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. But after fuel. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. CERT. Make your practice more effective and efficient with Casetexts legal research suite. Response date set to 04/14/2021 for David C. Leimbach. Apply today. Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. Huddleston claims the trucking company misclassifies him and other leasing drivers as independent contractors rather than employees, thus violating a variety of state and federal labor laws. If you do not agree with these terms, then do not use our website and/or services. 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. 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. The postmark date of mailing to Class Counsel and Defendants counsel shall be the exclusive means for determining that an objection is timely mailed to counsel. 9. Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). Opp. 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. 1 at 18. Deductions from this amount will be made for attorneys fees and costs for Class Counsel (see Section 10 below), settlement administration costs (estimated to be $79,500.00); a service award in an amount not to exceed $25,000.00 to Plaintiff, Thomas Huddleston, for his service to the Class Members, and $75,000.00 to the California Labor and Workforce Development Agency (LWDA), which is 75% of the $100,000.00 the parties allocated to penalties associated with Plaintiffs claim under the California Private Attorneys General Act (PAGA). ." approve of John M Christner's performance Founded 1986 Company size 1001 to 5,000 Revenue $100M to $500M (USD) Industry Transportation & Logistics Headquarters Sapulpa Oklahoma, United . 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. It is unlawful for Defendant to take any adverse action against you as a result of your participation in this Settlement. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. . You make about $3600 per week. Holland Am. Marine, 134 S. Ct. at 581. Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. 1391(b). 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. 12-CV-06133-LHK, 2014 WL 3962647, at *4 (N.D. Cal. A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. To calculate your estimated compensation package at JCT: Select OWNER OPERATOR or LEASE PURCHASE. See Atl. Id. See 28 U.S.C. The purposeful-direction requirement is satisfied. CV 05-4928-NM EX, 2006 WL 8074721, at *3 (C.D. Cal. It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. A federal judge in Oklahoma approved separate class certifications for more than 3,000 truck drivers in a misclassification lawsuit against John Christner Trucking. The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. 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. This factor primarily concerns "where the witnesses and the evidence are likely to be located." Oct. 5, 2010)); Hernandez v. Martinez, No. 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. Marine Const. 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. Response date set to 04/14/2021 for Michelle S. Lim. 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 . 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." 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 John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. "Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin." According to court documents, John Christner Trucking is a for-hire motor carrier that provides trucking services nationwide and relies, in part, on drivers who operate trucks leased from its company, Three Diamond Leasing. GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. Sign up for our weekly newsletter today! "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." at 17. 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. at 20. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], [10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. See Narayan v. EGL, Inc., 616 F.3d 895, 899 (9th Cir. (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). Huddleston I, slip. 10. Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. This rating has decreased by -4% over the last 12 months. Atl. Certificate of Interested Parties: Yes. Response date set to 04/14/2021 for David C. Leimbach. CERT. Good lease to make money. 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. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. In general, managers at John Christner Trucking are good to work with. Served on 03/24/2021. Id. [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). 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." The organization will now operate over . Issued on 04/27/2021. Manner of Service: email. CERT. Id. (10/24/19 Mot hrng & 12/09/20 Sched conf.). 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. John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. 8:20-CV-00421 | 2020-10-14, U.S. District Courts | Contract | B. Venue. 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.

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