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Huddleston v. John Christner Trucking, LLC, No. 4:2017cv00549 John Christner Truck Driver Settlement - Huddleston s. John Christner at 24. 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.. Richards v. Lloyd's of London, 135 F.3d 1289, 1297 (9th Cir. [21-5025] [Entered: 03/15/2021 12:17 PM], Docket[10815131] Admissions letter sent. Civ. John Christner Trucking insights Based on 104 survey responses Areas for improvement Fair pay for job Trust in colleagues Sense of belonging One of the worst company to work for trcuk driver (Former Employee) - Sapulpa, OK - September 7, 2020 Attention attention avoid this company at all cost. Select SOLO DRIVER or TEAM DRIVER. Good lease to make money. 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. 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." Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). at 919. Co., 417 F.3d at 357. 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. This constitutes some purposeful injection into California and supports the reasonableness of the exercise of personal jurisdiction over JCT. Make your practice more effective and efficient with Casetexts legal research suite. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] 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. 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. Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. at 13-14 (emphasis in original). 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. 2015). The general rule is that each plaintiff in a class action must individually satisfy venue, so the venue determination is "based on the plaintiffs in the class actionnot absent class members." Sign up for our weekly newsletter today! Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. Served on 03/24/2021. 8:20-CV-00421 | 2020-10-14, U.S. District Courts | Contract | Id. 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." Parts Coordinator. 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. 1995). If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. You pay about $1000 week for lease with good miles. The 'but for' test preserves the requirement that there be some nexus between the cause of action and the defendant's activities in the forum." John Christner Trucking, L.L.C. 4:17-cv-00549-GKF-CDL). Working at John Christner Trucking: 135 Reviews | Indeed.com This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. The test's first prong encompasses both purposeful direction and purposeful availment. ECF No. Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). [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. Hirshbach buys John Christner Trucking, boosts its reefer carrier ranking 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. The DM speaks to their Drivers poorly and use profanity. The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. 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). The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . CIVF 07-1321 AWI SMS, 2007 WL 3341389, at *7 (E.D. Thus, this factor is not at issue. (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. at *4. "The scope of the claims governed by a forum selection clause depends [upon] the language used in the clause." Company Snapshot JOHN CHRISTNER TRUCKING LLC USDOT Number: 273897 Other Information for this Carrier SMS Results Licensing & Insurance ID/Operations | Inspections/Crashes In US | Inspections/Crashes In Canada | Safety Rating See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 464 (1985). Manner of Service: email. DATE RECEIVED: 03/11/2021. Id. Plaintiff bears the burden of showing that venue is proper. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. JCT contracted with Huddleston (a California resident) to pick up and drop off cargo in California, which is enough to satisfy the test. While the Court is sensitive to the potential financial strain involved in litigating this case in Oklahoma, serving as the named plaintiff in a class action is unlikely to carry with it the requirement that Huddleston travel to Oklahoma with much frequency, and Huddleston has failed to explain why litigating in Oklahoma would require substantially more time away from work than litigating in California such that he would be denied the ability to bring the case. [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. July 12, 2013). 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." (Oklahoma Class Period). Enforceability Of Forum-Selection Clause. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. [a] forum [selection] clause should control absent a strong showing that it should be set aside." 1337, 1341-42 (D. Kan. 1994) ("[G]iven the nationwide nature of Professional's transportation brokerage service, it should certainly have foreseen the possibility of litigation arising in a state through which it had arranged for the shipment of goods. ***TIDBIT TUESDAY*** QualComm - John Christner Trucking | Facebook CV 05-4928-NM EX, 2006 WL 8074721, at *3 (C.D. 1 : UPS Inc. See Narayan v. EGL, Inc., 616 F.3d 895, 899 (9th Cir. Gulf Ins. Mot. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. Code Ann. . More than 3,000 truck drivers were involved. 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. Personal Jurisdiction. 1998) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 518 (1974)) (emphasis in original). 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. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. John Christner Trucking, LLC Company Profile - Datanyze 9. Who are the attorneys representing Defendant John Christner Trucking, LLC? 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. See id. 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. Opp. . With combined revenues expected to exceed $1 billion annually, the reefer conglomerate will operate more than 3,000 trucks and . Change of Address Success - John Christner Truck Driver Settlement A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. Click UPDATE at the bottom of the calculator. See also Narayan, 616 F.3d at 899; Quinonez v. Empire Today, LLC, No. All Rights Reserved. Hirschbach to acquire John Christner Trucking | FleetOwner Served on 03/25/2021. 5:15CV81, 2016 WL 1559176, at *5 (W.D. "), and JCT replied, ECF No. 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." Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. 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. See 28 U.S.C. 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." Submit. Gallo Winery v. Andina Licores S.A., 440 F. Supp. John Christner Trucking LLC Sapulpa, OK. Quick Apply. Id. Plaintiff Thomas Huddleston brings this wage-and-hour putative class action lawsuit against defendant John Christner Trucking, LLC ("JCT"). See Gulf Ins. Federal Rule of Civil Procedure 12(b)(2) authorizes motions to dismiss for lack of personal jurisdiction. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], Docket[10817929] Acknowledgment of transcript order filed by Thomas Huddleston. Huddleston v. John Christner Trucking, LLC - casetext.com 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. 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. 3, 2015). 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. 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. Discussion in 'Report A BAD Trucking Company Here' started by GipsySoul, Sep 26, 2012. Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. A federal judge in Oklahoma approved separate class certifications for more than 3,000 truck drivers in a misclassification lawsuit against John Christner Trucking. Overall. It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. Judge Gregory Frizzell of the U.S. District Court for the Northern District of Oklahoma granted the motion for class certification on Jan. 30 for truck drivers who worked in California, as well for an Oklahoma consumer protection class. The Court applies federal law to the interpretation and enforcement of a forum-selection clause. 10. 10-1. 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. C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] 2d 1262, 1269 (W.D. Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). 1979). Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. Have you been screwed by John Christner Trucking yet? 1391(b). John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. Manetti-Farrow, Inc. v. Gucci Am., Inc., 858 F.2d 509, 513 (9th Cir. Hirschbach acquires John Christner Trucking - Overdrive ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. 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." shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . Id. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). 2010))). "[U]ncontroverted allegations must be taken as true, and conflicts between parties over statements contained in affidavits must be resolved in the plaintiff's favor." The plaintiff bears the burden of satisfying the first two prongs of the test. Huddleston "alleges that JCT contracts with California residents and instructs them (and others) to make pick-ups and drop-offs in California. Do yourself a favor and keep looking. . "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." When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. 2009) (called into question on other grounds by Narayan v. EGL, Inc., 616 F.3d 895, 899, 904 (9th Cir. 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." 12. Every dime goes to the truck. [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. 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. Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. A review of the distirct court docket shows transcripts ordered were already on file. The forum-selection clause here provides that "any claim or dispute arising from or in connection with" the ICOA "shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma." However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." 752, et seq. Cal. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. 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. 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. The lawsuit was filed in 2017. 1y+ OTR Owner Operator - Seattle, WA - R.E. Garrison Trucking, Inc. [Please open the Notice for important information.] C. 28 U.S.C. Huddleston I, slip op. op. Job Summary The Parts Coordinator is responsible for taking parts order, dealing one-on-one with mechanics and drivers. 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. of Tex., 134 S. Ct. 568, 579 (2013) (internal quotation omitted). 1. at 1138. gimme fonts ECF No. Cancellation and Refund Policy, Privacy Policy, and 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. John Christner Trucking Case Summary On 03/11/2021 Huddleston filed a Labor - Labor Standard lawsuit against John Christner Trucking. 9. Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. PAGA cases "function[] as a substitute for an action brought by the government itself." Why is this public record being published online? Manner of Service: email. The following persons will be considered Class Members and be eligible to receive an Individual Settlement Amount from the Net Settlement Amount: Plaintiff and persons who meet the requirements of one or more of the following class or collective definitions: California Class All current and former individuals, to the extent they perform(ed) transportation services for Defendant within California from April 12, 2013 to June 21, 2022. Manner of Service: email. The Court concludes that the forum selection clause of the ICOA is valid and enforceable. The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. "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.'" . 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."

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