See id. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. Password (8+ characters) [21-5025] [Entered: 03/15/2021 12:17 PM], Docket[10815131] Admissions letter sent. Id. We've also provided a list of contacts should you have any questions. 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 581. Huddleston I, slip. Our . The Oklahoma class, specifically, claimed that the trucking companys marketing practices violated the Oklahoma Consumer Protection Act and the Oklahoma Business Opportunity Sales Act. Ziegler v. Indian River County, 64 F.3d 470, 475 (9th Cir. We have the right trucks, the right freight, the right people. 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. July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. OF INTERESTED PARTIES: y. The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . "'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." 2004) (internal citation and quotation marks omitted). LaCross, 95 F. Supp. See Local Rule 230(g). Huddleston I, slip op. You pay about $1000 week for lease with good miles. 5) I. Huddleston does not argue that the Court could exercise general jurisdiction over JCT but contends that the Court does have specific jurisdiction over JCT. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. 17-cv-02081-RS ("Huddleston I"), slip op. at 581. CDL Solo and Team Truck Drivers - Granville, PA - John Christner Trucking 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. 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. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . C. Forum-Selection Clause And 28 U.S.C. See Piedmont Label Co. v. Sun Garden Packing Co., 598 F.2d 491, 496 (9th Cir. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. 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. CV 05-4928-NM EX, 2006 WL 8074721, at *3 (C.D. . No money will revert to Defendant. Indeed, the list of pick-ups and drop-offs appended as Exhibit B to the Crowley Declaration shows that twelve of the twenty-five loads that JCT assigned to Huddleston had origin or destination points within the state of California. R. 33.1, order filed by (CLK) extending time to file first brief on cross-appeal and appendix until 07/07/2021 for John Christner Trucking, LLC. 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. op. The California Supreme Court has likened PAGA actions to qui tam actions in that a representative plaintiff brings an action "as the proxy or agent of the state's labor enforcement agencies, representing the same legal right and interest as those agencies and seeking statutory civil penalties that otherwise would be sought by those agencies." See Atl. P. 4(k)(1)(A). Last year's revenues were $185 million, and the company expects to reach $200 million this year. This message tells you what trips have. [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. 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. GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. JCT was started in 1986 by the John Christner. See, e.g., Brandi v. Belger Cartage Serv., Inc., 842 F. Supp. Id. "), and JCT replied, ECF No. 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. 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | Scam Internet. For-Hire Companies | Transport Topics It is well established that the Fourteenth Amendment's Due Process Clause limits the power of a court to exercise jurisdiction over out-of-state defendants who do not consent to jurisdiction. . 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. [a] forum [selection] clause should control absent a strong showing that it should be set aside." CERT. Ronlake v. US-Reports, Inc., No. In 2020, United States District Court Judge Gregory Frizzell certified a nationwide class of drivers for a claim that JCT violated Oklahomas consumer protection law in selling the lease program utilizing alleged misrepresentations and concealing material facts. Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). 2021-06-11, U.S. Courts Of Appeals | Other | 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. (Text Only - No Attachment). The court granted class certification for: All current and former individuals, to the extent they performed transportation services for John Christner Trucking within California, who entered into an independent contractor operator agreement with JCT, entered into a lease agreement with either JCT or Three Diamond Leasing, and were classified as independent contractors. Danny Christner - Chief Executive Officer - John Christner Trucking John Christner Trucking, LLC, N.D. Oklahoma (Case No. Hirschbach acquiring John Christner Trucking, creating reefer giant. There is nothing to indicate that the provision was the product of undue influence or overreaching. Do yourself a favor and keep looking. John Christner Trucking Just Sold To Hirschbach Trucking 5 Min Ago Grab some Mutha Trucker Gear@ https://theasianmaishow.com/ For information . This factor does not weigh against transfer. 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. Apr. Response date set to 04/14/2021 for Michelle S. Lim. "[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." Working At John Christner Trucking: Employee Reviews and Culture - Zippia The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. (10/24/19 Mot hrng & 12/09/20 Sched conf.). "We are proud to partner with WorkAdvance and provide Tulsans with employment opportunities," said Angie Buchanan, vice president of Melton Truck Lines. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], [10825412] Filed notice record is complete. See Fed. 2011). 1998) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 518 (1974)) (emphasis in original). Certificate of Interested Parties: Yes. Preliminary record filed. The ICOA states that the ICOA itself "shall be interpreted in accordance with, and governed by, the laws of the United States and, of the State of Oklahoma," without applying a choice-of law analysis. The Court applies federal law to the interpretation and enforcement of a forum-selection clause. International Shoe Co. v. Washington, 326 U.S. 310, 318 (1945). ECF No. Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding. The settlement administrator will notify you of the decision on the dispute. 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.' John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. 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. 2021-11-03, U.S. District Courts | Personal Injury | The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. at 294. 2011). 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. Upon the date the Settlement becomes effective (Effective Date), all Class Participants release claims as follows against Defendant, and their present and former parent companies, subsidiaries, divisions, affiliates, successors, predecessors, related companies, and joint ventures, and each of their present and former officers, directors, shareholders, agents, employees, insurers, attorneys, accountants, auditors, advisors, representatives, consultants, administrators, trustees, general and limited partners, predecessors, successors and assigns (collectively, the Released Parties): In addition, all Class Participants expressly waive, as to the Released Claims stated above and based on or arising out of the same factual predicates of the Complaint, running through June 21, 2022, the provisions, rights, and benefits of California Civil Code 1542, which reads: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. Am., Inc., 485 F.3d 450, 457 (9th Cir. JCT responds that only three of the twenty-five loads that Huddleston performed had pick-ups or deliveries that took place within this district and that in any case, the classification decisions giving rise to this suit took place at JCT's corporate headquarters in Oklahoma and not in California at all. Manner of Service: email. 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." Case Details Parties Documents Dockets Case Details Case Number: 21-5025 Filing Date: It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. Id. Id. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. Manner of Service: email. john christner trucking Inc. John Christner Trucking. [21-5025] [Entered: 04/14/2021 04:21 PM], Docket[10817932] Minute order filed - Transcript order form due 04/08/2021 for Brian Neil, Court Reporter. 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." 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. at 297. The clause here is clearly marked; the section header is bolded, and the forum-selection provision is in capital letters. Why is this public record being published online? ; all claims for deceptive and unfair trade practices under the Oklahoma Consumer Protection Act, 15 Okla. Stat. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. John Christner founded JCT in 1986 with only 2 trucks. at 1125. 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. Holland Am. 1391(b). 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. Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. Cal. Served on: 03/25/2021. Jag Trucking Inc. Revenue. I would still be there if I were able to still be there. You will, have to pay for your own DOT physical and drug screen, your first settlement will be -$111.00(YES NEGATIVE), relay . 71st St., Suite 200Tulsa, OK 74136Telephone: (918) 970-2000Facsimile: (918) 970-2002. C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. Manner of Service: email. shall be governed by the provisions of the law in New York." 14-CV-05530-WHO, 2015 WL 899294, at *3-4 (N.D. Cal. In contract cases, courts generally apply the purposeful availment test, while in tort cases they use the purposeful direction analysis. M/S Bremen, 407 U.S. at 18. 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. . 30-31, Ex. [21-5025] [Entered: 04/19/2021 04:25 PM], Docket[10822480] Attorney Ms. Michelle S. Lim for Thomas Huddleston admitted to the bar of this court. 2006). "'[A] party challenging enforcement of a forum selection clause may not base its challenge on choice of law analysis.'" 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." 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. 12. 9. Response date set to 04/14/2021 for Michelle S. Lim. at 7. Served on: 03/25/2021. The case status is Pending - Other Pending. See also Kia Motors Am., Inc. v. MPA Autoworks, No. Yahoo! Id. 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."). 1404 and the forum-selection clause. The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. SAFER Web - Company Snapshot JOHN CHRISTNER TRUCKING LLC - Transportation [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. 3d at 1206 n.5 (holding that a representative PAGA claim could be litigated in Arizona federal courts); see also id. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. 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." Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. R. 33.1, order filed by (CLK) extending time to file first brief on cross-appeal and appendix until 07/07/2021 for John Christner Trucking, LLC. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. Case information including a copy of the complaint can be found here . Hirschbach completes its purchase of John Christner Trucking Marine, 134 S. Ct. at 583. 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." After deductions of these amounts, what remains of the Gross Settlement Amount, or the Net Settlement Amount, will be available to pay monetary Individual Settlement Amounts to (i) Plaintiff; and (ii) Class Members who do not opt out of the Settlement (collectively, Class Participants).