Federal judges approved separate class certifications for divers in Oklahoma and California. Id. at 8. 1995). 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.. John Christner Trucking - Inc. John Christner Trucking LLC. The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . 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."). of Tex., 134 S. Ct. 568, 579 (2013) (internal quotation omitted). The combined revenue of both companies will exceed $1. 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." 8. Who are the attorneys representing Plaintiff and the Class Members? 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. M/S Bremen, 407 U.S. at 18. Lease and other payments you end up with about $1000 on 3000 mile wk. Response date set to 04/14/2021 for David C. Leimbach. at 7. . A federal judge in Oklahoma approved separate class certifications for more than 3,000 truck drivers in a misclassification lawsuit against 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." 2021-06-11, U.S. Courts Of Appeals | Other | C 12-03959 WHA, 2012 WL 6087399, at *4 (N.D. Cal. 801, et seq. 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. The DM speaks to their Drivers poorly and use profanity. 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. 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. Marcotte, 2014 WL 4477349, at *8 (quoting Besag v. Custom Decorators, Inc., No. England Case $37,800,000 Settlement Concluded; Refusal to Drive Unsafe Truck - Driver Awarded $55k; Franchisor's Non-competition Injunction Denied. . Plaintiff bears the burden of showing that venue is proper. Id. 2010))). 206, et seq. Id. 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." 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. John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. In contract cases, courts generally apply the purposeful availment test, while in tort cases they use the purposeful direction analysis. 1 : UPS Inc. All Rights Reserved. This field is for validation purposes and should be left unchanged. This Settlement is a compromise and is not an admission of liability on the part of Defendant. CERT. 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. In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. 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. Joint Stipulation of Settlement Agreement and Release of Class and Collective Action, This website is designed and maintained by the Settlement Administrator for thelawsuit known as, Huddleston v. John Christner Trucking, LLC, Joint Stipulation of Settlement and Release of Class and Collective Action, All papers filed by Class Counsel to obtain preliminary and final approval of the Settlement Agreement. ECF No. Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. 2d 204, 213 (W.D.N.Y. The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. Christner said the company has seen continuous growth over the past two decades. Case information including a copy of the complaint can be found here . Plaintiff opposed, ECF No. This factor primarily concerns "where the witnesses and the evidence are likely to be located." "'[A] party challenging enforcement of a forum selection clause may not base its challenge on choice of law analysis.'" Opp. 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. Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. 5-3, Huddleston v. John Christner Trucking, LLC, No. The clause here is clearly marked; the section header is bolded, and the forum-selection provision is in capital letters. Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. Id. Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. AB, 11 F.3d 1482, 1489 (9th Cir. at 24. (citing Holliday, 2010 WL 3910143, at *4). 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. But after fuel. GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. 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. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. 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. Here, in contrast, the forum-selection clause is not limiting any remedies that would otherwise be available to the government or removing the case from the courts completely; instead, it merely "alters which specific court will hear those claims." 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 Cases involving labor standard violations, Fair Labor Standards Act (FLSA) - 29 USC 201, [10826612] On the court's own motion and pursuant to 10th Cir. 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. Manner of Service: email. "); Turner v. Syfan Logistics, Inc., No. IT IS SO ORDERED. Under the general venue statute, a civil action may be brought in: (1) a judicial district in which any defendant resides, if all defendants are residents of the state in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action. ICOA 23. It is unlawful for Defendant to take any adverse action against you as a result of your participation in this Settlement. 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. Id. JOHN CHRISTNER TRUCKING, LLC, Defendant. The Released Claims include, but are not limited to, all wage and hour claims, whether known or unknown, at law or in equity, which Plaintiff and the Class Members may now have or may have as of the execution of the Joint Stipulation of Settlement and Release of Class and Collective Action under the wage orders of the California Industrial Welfare Commission, or other federal, state, or local law, claims for penalties under California Private Attorneys General Act, all claims for failure to pay minimum wages under California law, all claims for failure to pay for all hours worked under California law, all claims for failure to authorize and permit and/or make available meal and rest periods pursuant to the California Labor Code (Labor Code), all claims for failure to reimburse for necessary business expenses under Labor Code 2802, all claims for failure to maintain proper payroll records under Labor Code 1174, all claims for failure to provide accurate itemized wage statements under Labor Code 226, all claims regarding coerced purchases under Labor Code 450, all claims regarding willful misclassification under Labor Code 226.8, all claims for waiting time penalties under Labor Code 201-204, all claims for unlawful business practices under the California Business and Professions Code 17200, et seq., all claims for the unlawful sale of business opportunities under the Oklahoma Business Opportunity Sales Act, 71 Okla. Stat. 14-CV-05530-WHO, 2015 WL 899294, at *3-4 (N.D. Cal. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Marine, 134 S. Ct. at 583. John Christner Trucking, LLC, N.D. Oklahoma (Case No. Class Counsel will be paid from the Gross Settlement Amount of $9,250,000.00. A trucker has been awarded $500,000 after being unlawfully detained while making a 2019 delivery in California. [21-5025] [Entered: 03/11/2021 03:45 PM], Dallas County Texas Courts | Personal Injury | JCT was started in 1986 by the John Christner. Manner of Service: email. at 319. John Christner Trucking adds 800 trucks to the Hirschbach fleet. This rating has decreased by -4% over the last 12 months. (internal quotation marks omitted)). Response date set to 04/14/2021 for David C. Leimbach. 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." [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], [10825412] Filed notice record is complete. Gulf Ins. Served on 03/24/2021. Hirschbach Motor Lines today announced the completion of the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. Rowen v. Soundview Commc'ns, Inc., No. 1404. 1988). We have the right trucks, the right freight, and the right people. A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." 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 LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. Each Class Participant (as described in Section 3) will receive a pro rata share of the Net Settlement Amount based on settlement shares assigned to them as described below. Co, 134 S.Ct. Ziegler v. Indian River County, 64 F.3d 470, 475 (9th Cir. 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." NEW! The deal will form one of the biggest temperature-controlled fleets in the nation at more than 3,000 trucks (800 at JCT), 5,000 trailers and total revenue exceeding $1 billion. In the context of a motion under Rule 12(b)(3), a court need not accept as true all allegations in the complaint, but may consider facts outside the pleadings. The Court applies federal law to the interpretation and enforcement of a forum-selection clause. 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." Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. Opp. Id. Iskanian v. CLS Transp. 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. at 294. Proc. Who are the attorneys representing Defendant John Christner Trucking, LLC? 3, 2015). 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 LLC Sapulpa, OK. Quick Apply. Defendant contends that it properly classified Class Members as independent contractors, and that the policies challenged by Plaintiff, including those regarding payment for time worked, meal breaks, rest breaks, and expense reimbursements, are lawful and have been lawful throughout the relevant time period. Management. See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. 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. 10-cv-02049 (WHA), 2010 WL 4569873, at *2-3 (N. D. Cal. Id. Have you been screwed by John Christner Trucking yet? The touchstone for asserting specific jurisdiction over a nonresident defendant is "the relationship among the defendant, the forum, and the litigation." Because document collection is now mostly an exercise in electronic discovery, the presence of corporate documents in Oklahoma does not weigh heavily in favor of finding that jurisdiction in California would be unreasonable. Copyright 2023 Land Line Magazine & Land Line Now. Category: Trucking Companies. 2007). LaCross, 95 F. Supp. Gallo Winery v. Andina Licores S.A., 440 F. Supp. 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. My experience working at John Christner Trucking was a good experience. Fifth, the question of efficient judicial resolution is neutral. COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. Third, JCT does not contest that the exercise of jurisdiction would conflict with the sovereignty of Oklahoma, its state of domicile, though the Court notes that the bulk of Huddleston's claims are brought under California state law, and the FLSA analysis will be the same in either California or Oklahoma. John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. [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. As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." 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. . There is nothing to indicate that the provision was the product of undue influence or overreaching. (Text Only - No Attachment). The Court begins its analysis with JCT's challenge to personal jurisdiction. 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"). Perry, 2011 WL 4080625, at *5. 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. 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." John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. 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." 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. 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. There are two kinds of personal jurisdiction that a court may exercise over an out-of-state defendant. [21-5025] [Entered: 03/15/2021 12:17 PM], Docket[10815131] Admissions letter sent. If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. 1998). A former safety manager for a California company has been sentenced to probation for a conspiracy involving the illegal repair of cargo tanks. 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. 2010) ("Whether the Drivers are entitled to [California Labor Code] benefits depends on whether they are employees of [the defendant], which in turn depends on the definition that the otherwise governing lawnot the partiesgives to the term 'employee.' 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 9. Response date set to 04/14/2021 for Carolyn H. Cottrell. A forum-selection clause may be deemed unreasonable under the following circumstances: (1) if the inclusion of the clause in the agreement was the product of fraud or overreaching; (2) if the party wishing to repudiate the clause would effectively be deprived of his day in court were the clause enforced; and (3) if enforcement would contravene a strong public policy of the forum in which suit is brought. The state of California may have an interest in the outcome of this dispute, but that interest is not so overwhelming or unusual that this should be an exception to the general rule that a valid forum-selection clause should be honored. Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. "We are proud to partner with WorkAdvance and provide Tulsans with employment opportunities," said Angie Buchanan, vice president of Melton Truck Lines. Both groups are considered Class Members in this Notice. 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. John Christner Trucking We've Got The Drive You Need Apply Now Search Driver Jobs Search Office Jobs Driver Verification Integrity, Dependability, Stewardship We live by our core values and pride ourselves on the foundation that has been built for over three generations. This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. John Christner Trucking JCT Never lease with this company as long as BA and JM are there. This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. 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. 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. 2021-11-03, U.S. District Courts | Personal Injury | Our . 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. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. See also Kia Motors Am., Inc. v. MPA Autoworks, No. Atl. If a defendant challenges the existence of personal jurisdiction, the plaintiff bears the burden of establishing the district court's personal jurisdiction over the defendant. When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. 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. Adjust the GREEN FIELDS below.
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