"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.'" 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. [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. This second prong of the specific jurisdiction test is satisfied if the plaintiff would not have been injured "but for" the defendant's forum-related contacts. Opp. Narayan, 616 F.3d at 899; see Elijahjuan v. Superior Court, 210 Cal. Huddleston claims JCT misclassified its "owner-operators" as independent contractors, rather than employees, and thus violated a variety of state and federal labor laws, including those governing payment of wages, minimum wage, meal and rest breaks, and wage reporting. Mot. at 11-12. b. TEXT ONLY ORDER: The parties having announced a settlement, they are to submit an agreed order of dismissal to the District Judge on or before 9/1/15. 2007). Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199 (9th Cir. 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. 1 : UPS Inc. at *4. Rhode Island is appealing a court ruling that ended the states truck-only tolls. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. Id. (citing Holliday, 2010 WL 3910143, at *4). Narayan, 616 F.3d at 897; see also id. (internal quotation marks omitted)). 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. "[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 Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. 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. Manner of Service: email. at 294. ICOA 23. According to the motion, relators and the real parties in interest, Michael Ladd, Christopher Ladd, and Stephen Bryson, as next friend of his minor son E.B., have reached a settlement agreement that will resolve their claims in the underlying lawsuit and the issues . A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. Inc., 223 F.3d 1082, 1088 (9th Cir. Holland Am. 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. 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. Opp. The combined revenue of both companies will exceed $1. 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. at 8. When the parties' contract contains a forum selection clause, however, the "calculus changes" and district courts must adjust their usual Section 1404(a) analysis in three ways: (1) the plaintiff's choice of forum merits no weight; (2) arguments about the parties' private interests should not be considered; and (3) a 1404(a) transfer of venue "will not carry with it the original venue's choice-of-law rules." 2004). 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. at 7. 1999), or that it is the "best" venue. The test's first prong encompasses both purposeful direction and purposeful availment. This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. (Filing fee $ 400, receipt number 0972-7154708) (Attachments: # 1 Civil Cover Sheet) (Cottrell, Carolyn) [Transferred from California Eastern on 9/28/2017.] at 17. 1995). Id. He further testifies that litigating this case in Oklahoma would impose a prohibitive economic hardship on him due to the cost of travel and time away from work, problems that he would not experience if the case were to remain in California. JCT leases facilities in Phoenix, Arizona, and Oklahoma City, Oklahoma. By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. Served on 03/25/2021. Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. Copyright 2023 Land Line Magazine & Land Line Now. Id. Civ. John Christner Trucking, LLC ERRATA/CORRECTION (Re: 269 Unopposed MOTION for Preliminary Approval of Class and Collective Action Settlement) by Thomas Huddleston (With attachments) Northern District of Oklahoma, oknd-4:2017-cv-00549. at 919. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. Who are the attorneys representing Defendant John Christner Trucking, LLC? Do yourself a favor and keep looking. 1391 (d). You pay about $1000 week for lease with good miles. 2015); Robles, 2015 WL 1530510, at *4. Sep. 27, 2017). [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. The ICOA's choice-of-law provision is narrower than the forum-selection clause. 9. Who are the attorneys representing Defendant John Christner Trucking, LLC? Lawrence J. O'Neill UNITED STATES CHIEF DISTRICT JUDGE MEMORANDUM DECISION AND ORDER RE DEFENDANT'S MOTION TO DISMISS FOR LACK OF JURISDICTION, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE (ECF NO. Finally, one place to get all the court documents we need. Iowa-based Hirschbach Motor Lines has acquired John Christner Trucking, a refrigerated carrier based in Sapulpa. ECF No. John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." You do not take home any money. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. 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. One (1) settlement share for each FLSA Workweek. John Christner Trucking LLC Sapulpa, OK. Quick Apply. Id. C. 28 U.S.C. The plaintiff need only make a prima facie showing of jurisdiction to defeat the motion to dismiss, but "may not simply rest on the bare allegations of the complaint." Under California's long-arm statute, courts may exercise personal jurisdiction "on any basis not inconsistent with the Constitution of this state or of the United States." An award-winning journalist and former assistant news editor at The Topeka Capital-Journal, he brings fresh ideas, solid reporting skills, and more than two decades of journalism experience to our staff. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. You do not have to pay the attorneys who represent the Class Members. He testifies that JCT said it would make every effort to make his first and last stop of any given trip in California so his work would be completed close to home, and that his first and last stops were indeed in California. For tax reporting purposes, all Individual Settlement Amounts will be reported on an U.S. Internal Revenue Service (IRS) 1099 Form. Cal. Plaintiff opposed, ECF No. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. Following redistribution, any unclaimed monies will be paid to Legal Services Corporation. Mot. He testifies in his declaration that litigating in Oklahoma would impose substantial travel costs, including airfare, rental cars, and hotel stays; that if he were to miss "any significant time away from work," his employer may withhold work or terminate his position entirely; and that being the primary wage-earner means that missed wages may threaten his ability to support his family. 74] of the defendant, John Christner Trucking, LLC ("JCT"). at 298. We have the right trucks, the right freight, and the right people. See Gulf Ins. M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972). Huddleston Decl. (10/24/19 Mot hrng & 12/09/20 Sched conf.). The organization will now operate over . JCT contracted with Huddleston (a California resident) to pick up and drop off cargo in California, which is enough to satisfy the test. Served on 03/12/2021. In essence, the lawsuit alleges JCT made false representations about its lease purchase program and concealed material facts. Id. The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. Manner of Service: email. Marine, 134 S. Ct. at 583. 1 at 18. All Rights Reserved. DATE RECEIVED: 03/11/2021. Updated May 4, 2022. First name. Plaintiff bears the burden of showing that venue is proper. 9. See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. JCT keeps all company records at its Oklahoma headquarters and dispatches drivers from there. Phone: 8003241900. This matter is now ripe for review and is suitable for disposition without oral argument. Id. [21-5025] [Entered: 04/19/2021 04:25 PM], [10822480] Attorney Ms. Michelle S. Lim for Thomas Huddleston admitted to the bar of this court. 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. [21-5025] [Entered: 03/11/2021 03:45 PM]. As such, the Class Participants understand and agree that they are providing the Released Parties with a full and complete release with respect to the Released Claims. 2004). See Narayan v. EGL, Inc., 616 F.3d 895, 899 (9th Cir. 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." B. Venue, Federal Rule of Civil Procedure 12(b)(3) authorizes motions to dismiss for improper venue. (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . 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." 1988). John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. 10-cv-02049 (WHA), 2010 WL 4569873, at *2-3 (N. D. Cal. INTRODUCTION There are two kinds of personal jurisdiction that a court may exercise over an out-of-state defendant. Atl. A forum-selection clause is "not unreasonable merely because of the parties' unequal bargaining power: it is enforceable if there is reasonable communication of the clause." 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. Aug. 13, 2014). Certificate of Interested Parties: Yes. 410.10 (2004). LaCross, 95 F. Supp. Iskanian v. CLS Transp. 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 "'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." 2021-11-03, U.S. District Courts | Personal Injury | Gallo Winery v. Andina Licores S.A., 440 F. Supp. Id. Plaintiff Thomas Huddleston brings this wage-and-hour putative class action lawsuit against defendant John Christner Trucking, LLC ("JCT"). 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. 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. C 12-03959 WHA, 2012 WL 6087399, at *4 (N.D. Cal. Ronlake v. US-Reports, Inc., No. 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. 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." JCT was started in 1986 by the John Christner. Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. . Attorney Cottrell, Carolyn H. added. 10-1, Huddleston Decl. 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. JCT is big enough to offer all you need to be successful but we're small enough to know you by name. 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. 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. Atlantic Marine Const. 1998) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 518 (1974)) (emphasis in original). To do so, send a letter to the settlement administrator explaining the basis for your dispute and attach copies of the supporting evidence. Report this profile . 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. Los Angeles, LLC, 59 Cal. RLM [Entered: 03/12/2021 04:57 PM], [10814509] Civil case docketed. 2002). 5-3, Huddleston v. John Christner Trucking, LLC, No. 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 at 18. ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." Plaintiff and Class Participants should consult with their own tax advisors concerning the tax consequences of the Settlement based on their Individual Settlement Amount. [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. Certificate of Interested Parties: No. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. [21-5025] [Entered: 03/11/2021 03:45 PM], Dallas County Texas Courts | Personal Injury | 21% of John Christner Trucking employees are women, while 79% are men. Because the parties' private interests should not be considered, the district court may consider only arguments about public-interest factors. Have you been screwed by John Christner Trucking yet? Contact Who is John Christner Trucking, LLC Headquarters 19007 W Hwy 33, Sapulpa, Oklahoma, 74067, United States Phone Number (918) 227-1600 Website www.johnchristner.com Revenue $246.4M Industry Freight & Logistics Services Transportation . at 297. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. Forum-selection clauses are also scrutinized for "fundamental fairness," and may be deemed unfair if inclusion of the clause was motivated by bad faith, or if the party had no notice of the forum provision. The classes consist of more than 3,000 truck drivers in the California Work Class and the Oklahoma class. Issued on 04/27/2021. 2021-06-11, U.S. Courts Of Appeals | Other | 10. Class Counsel will file a Motion for Attorneys Fees and Costs with the Court. Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. Jan. 10, 2006) ("Because venue can properly lie in multiple districts, the court need not compare sales figures in an effort to find the 'best venue'; rather the question is whether the venue chosen by a plaintiff is proper."). Co, 134 S.Ct. 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. Manner of Service: email. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], Docket[10817929] Acknowledgment of transcript order filed by Thomas Huddleston. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). Here you can view your weekly settlements, insurance and contracts. ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. Id. Id. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. Response date set to 04/14/2021 for Carolyn H. Cottrell. RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. Password (8+ characters) This constitutes some purposeful injection into California and supports the reasonableness of the exercise of personal jurisdiction over JCT. (citing Carnival Cruise Lines, 499 U.S. at 595. 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." ECF No. CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. Also, every "owner-operator" completes an orientation at those headquarters. Response date set to 04/14/2021 for Carolyn H. Cottrell. App. The original complaint alleged that truck drivers for the Sapulpa, Okla.-based company often worked 70-100 hours per week while being paid less than $500. Enforceability Of Forum-Selection Clause. 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. The Court has not ruled on the merits of Plaintiffs claims or Defendants defenses. 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] See id. Lawrence J. O'Neill UNITED STATES CHIEF DISTRICT JUDGE, MEMORANDUM DECISION AND ORDER RE DEFENDANT'S MOTION TO DISMISS FOR LACK OF JURISDICTION, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE (ECF NO. Apply today. Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. 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. The forum-selection clause, by contrast, states more broadly that "any claim or dispute arising from or in connection with this agreement, whether under federal, state, local, or foreign law . Marcotte, 2014 WL 4477349, at *8 (quoting Besag v. Custom Decorators, Inc., No. at 581. Opp. 5) I. Management. DATE RECEIVED: 03/11/2021. (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). My experience working at John Christner Trucking was a good experience. Huddleston has also presented a prima facie case under the purposeful availment test. JCT Media Center. 3d 1199, 1206 n.4 (C.D. 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. 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. Public Records Policy. John Christner Trucking, LLC, N.D. Oklahoma (Case No. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. Response date set to 04/14/2021 for Michelle S. Lim. In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. 2011). 71st St., Suite 200Tulsa, OK 74136Telephone: (918) 970-2000Facsimile: (918) 970-2002. Cancellation and Refund Policy, Privacy Policy, and 367. See Local Rule 230(g). Certificate of Interested Parties: No. at 20. Case Details Parties Documents Dockets Case Details Case Number: 21-5025 Filing Date: John Christner founded JCT in 1986 with only 2 trucks. DECLARATION OF KAREN BUTLER REISINGER RE DEFENDANT'S CLASS ACTION FAIRNESS ACT SETTLEMENT NOTICE by John Christner Trucking, LLC (With attachments) (Reisinger, Karen)
Best Players To Trade For In Nba 2k20, Similarities And Differences Between The American And French Revolutions, Camp Kweebec Cabins, Genesis Lease Deals 2021, Articles J