Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). See 28 U.S.C. 0. In support of its motion to dismiss, JCT submits, inter alia, a declaration from Shannon Crowley, Vice President of Risk Management. John Christner Trucking JCT Never lease with this company as long as BA and JM are there. 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. . Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199 (9th Cir. 752, et seq. Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. Web: www.johnchristner.com. Response date set to 04/14/2021 for David C. Leimbach. 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. Civ. OF INTERESTED PARTIES: y. As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. John Christner Trucking, L.L.C. Huddleston argues that just as the EEOC was not bound by an agreement to which it was not a party, the PAGA claims here belong to the state of California and therefore fall outside the ambit of the forum-selection clause. See Atl. 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." 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. 4:20-CV-00638 | 2020-12-07, U.S. District Courts | Contract | Id. If you are a Class Member, you may be entitled to receive money from a Settlement in this case, as described below. Plaintiff and Class Participants should consult with their own tax advisors concerning the tax consequences of the Settlement based on their Individual Settlement Amount. Preliminary record filed. 9. Who are the attorneys representing Defendant John Christner Trucking, LLC? Huddleston does not allege that he was prevented from reading the IOCA, misled about the effect of the forum-selection clause, or that the clause was fraudulently inserted without his knowledge. Manner of Service: email. 1 at 18. Last year's revenues were $185 million, and the company expects to reach $200 million this year. Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). 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. Id. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). Christner said the company has seen continuous growth over the past two decades. Email. See Fed. Join Our Community Today! PAGA cases "function[] as a substitute for an action brought by the government itself." COO John Christner Trucking, LLC . 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. 10-1, Huddleston Decl. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Feb. 6, 2012). 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. Id. For the precise terms and conditions of the Settlement, please see the Joint Stipulation of Settlement and Release of Class and Collective Action available in the documents section of this website, contact Class Counsel toll-free at (800) 689-0024, or access the Court docket in this case, for a fee, through the Courts Public Access to Court Electronic Records (PACER) system at https://ecf.oknd.uscourts.gov/. 30-31, Ex. Sign up for our weekly newsletter today! Federal Rule of Civil Procedure 12(b)(2) authorizes motions to dismiss for lack of personal jurisdiction. The California resident claims he routinely. If you object to the Settlement, you cannot opt out of the Settlement, and you will be bound by the terms of Settlement in the event the Court denies your objection. 1 : UPS Inc. The DM speaks to their Drivers poorly and use profanity. Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. Management. In EEOC v. Waffle House, Inc., 534 U.S. 279 (2002), the Supreme Court held that a governmental agency was not bound by an employee's arbitration agreement such that it was barred from pursuing judicial relief in an enforcement action. 5:15CV81, 2016 WL 1559176, at *5 (W.D. 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 . 2012 WL 393614, at *1 (emphasis supplied). Christner Trucking was facing a class-action lawsuit. 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." As to the ICOA, he testifies that when he was in Oklahoma for orientation, he was told that the ICOA was nonnegotiable, was told that it was offered on a take-it-or-leave-it basis, and that the forum-selection clause and its effects were never explained to him. 8:20-CV-00421 | 2020-10-14, U.S. District Courts | Contract | First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. 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." Federal judges approved separate class certifications for divers in Oklahoma and California. Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. 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.' 71st St., Suite 200Tulsa, OK 74136Telephone: (918) 970-2000Facsimile: (918) 970-2002. at 298. # 9). 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. A review of the distirct court docket shows transcripts ordered were already on file. 2010))). (Text Only - No Attachment). Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. Cal. Id. Click UPDATE at the bottom of the calculator. Ronlake v. US-Reports, Inc., No. (Text Only - No Attachment). Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. Ziegler v. Indian River County, 64 F.3d 470, 475 (9th Cir. Full-Time. 2000). ROBERTO BALDERRAMA vs. JOHN CHRISTNER TRUCKING, JACQUELINE BRADFORD, Ordosgoitti v. Werner Enterprises, Inc. et al, Chandler et al v. Craters & Freighters Franchise Company, Beissel et al v. Western Flyer Express, LLC, Board of Education of Yukon Oklahoma Public Schools v. SYSCO USA II, LLC, Seay et al v. Oklahoma Board of Dentistry et al, Seay, et al v. Oklahoma Board of Dentistry, et al. Reply at 3. 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."). This Settlement is a compromise and is not an admission of liability on the part of Defendant. shall be governed by the provisions of the law in New York." [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. "[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." Huddleston has also presented a prima facie case under the purposeful availment test. We have the right trucks, the right freight, the right people. John Christner Trucking, LLC, N.D. Oklahoma (Case No. at 9. 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." Plaintiff bears the burden of showing that venue is proper. However, "the Ninth Circuit has rejected the argument that unequal bargaining power is a ground to reject enforcement of a forum selection clause in an employment contract." 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. ECF No. at 581-82. Response date set to 04/14/2021 for Michelle S. Lim. 2011). 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. "'Overreaching' is a ground 'short of fraud,' and a mere showing of 'non-negotiability and power difference' does not render a forum selection clause unenforceable." Public Records Policy. Category: Trucking Companies. The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. 1999), or that it is the "best" venue. See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. Murphy, 362 F.3d at 1140 (quoting M/S Bremen., 47 U.S. at 17). John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. 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. This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. [21-5025] [Entered: 04/14/2021 04:43 PM], Docket[10822463] Attorney Mr. David C. Leimbach for Thomas Huddleston admitted to the bar of this court. No. Plaintiff opposed, ECF No. 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. Hirschbach, based in Dubuque, Iowa, is a privately owned carrier . 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. Va. Apr. Yahoo! Sixth, a California forum is important to Huddleston's interest in convenient relief, since he is a resident of and works in this forum and has averred that traveling to Oklahoma to litigate this case would present a burden. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1073 (9th Cir. ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." [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. 74] of the defendant, John Christner Trucking, LLC ("JCT"). Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. Response date set to 04/14/2021 for Carolyn H. Cottrell. 4th 348, 394 (2014) (internal quotation marks and citation omitted). This rating has decreased by -4% over the last 12 months. Co., Inc. v. U.S. Dist. Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." 2006). This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. 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. 2021-06-11, U.S. Courts Of Appeals | Other | John Christner Trucking 19007 W Hwy 33 Internet United States of America. The Court has not ruled on the merits of Plaintiffs claims or Defendants defenses. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. Am., Inc., 485 F.3d 450, 457 (9th Cir. Holland Am. In contract cases, courts generally apply the purposeful availment test, while in tort cases they use the purposeful direction analysis. . John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. Submit. In a case not involving a forum-selection clause, a district court considering a Section 1404(a) motion would evaluate both the convenience of the parties and various public interest considerations. Scam Internet. . Huddleston I, slip op. 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 [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). John Christner Trucking Just Sold To Hirschbach Trucking 5 Min Ago Grab some Mutha Trucker Gear@ https://theasianmaishow.com/ For information . . A trucker has been awarded $500,000 after being unlawfully detained while making a 2019 delivery in California. 1. 10-1. Unless you present convincing evidence proving you worked more workweeks than shown by Defendants records, your Individual Settlement Amount will be determined based on Defendants records. Enforceability Of Forum-Selection Clause. The general venue statute does not authorize venue in a single district in which the most substantial part of the events or omissions giving rise to the claim occurred. 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." JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. JCT Media Center. You may also withdraw your objection in writing by mailing a withdrawal statement to the Court and counsel for the parties postmarked no later than Monday, October 17, 2022, orally at the Final Approval Hearing, or as otherwise ordered by the Court. The organization will now operate over . [21-5025] [Entered: 03/11/2021 03:45 PM], Dallas County Texas Courts | Personal Injury | CIVF 07-1321 AWI SMS, 2007 WL 3341389, at *7 (E.D. 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. | All Rights Reserved. We've also provided a list of contacts should you have any questions. 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. Marcotte v. Micros Sys., Inc., No. 5:16-CV-01221 | 2016-10-21, U.S. District Courts | Intellectual Property | You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. LaCross v. Knight Transportation, Inc., 95 F. Supp. 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. 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"). Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse. Once the plaintiff carries this burden, the defendant must come forward with a "compelling case" that the exercise of jurisdiction would not be reasonable. "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." 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. You will if you sign a lease! CERT. The policies at issue may have their origin in Oklahoma, but JCT's decision to purposefully direct its activities toward California and apply those policies in this forum give rise to specific personal jurisdiction. Line, Inc. v. Wartsila N. at 7. Schedule Monday - Friday 1:30pm - 10:30pm. A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. Don't miss out on our weekly happenings within our company! 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 . [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. Hirschbach Motor Lines on Feb. 16 announced that it will acquire Sapulpa, Okla.-based refrigerated carrier John Christner Trucking. . Oct. 5, 2010)); Hernandez v. Martinez, No. Opp. See, e.g., Brandi v. Belger Cartage Serv., Inc., 842 F. Supp. Fill out the form below to receive a free and confidential initial consultation. Inc., 223 F.3d 1082, 1088 (9th Cir. John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . at 13-14 (emphasis in original). CLAIRE V. EAGAN UNITED STATES DISTRICT JUDGE OPINION AND ORDER Now before the Court is Defendants John Christner Trucking, LLC and Three Diamond Leasing, LLC's Motion to Dismiss and Brief in Support (Dkt. LaCross, 95 F. Supp. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. 2d 1262, 1269 (W.D. See Dole Food Co. v. Watts, 303 F.3d 1104, 1114 (9th Cir. IT IS SO ORDERED. (Oklahoma Class Period). 4:17-cv-00549-GKF-CDL). CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. 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.