The combined revenue of both companies will surpass $1 billion and propel . 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. 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. 21% of John Christner Trucking employees are women, while 79% are men. The ICOA's choice-of-law provision is narrower than the forum-selection clause. Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. at 581. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] Farm Credit W., PCA v. Lanting, No. Opp. Because the parties' private interests should not be considered, the district court may consider only arguments about public-interest factors. Any disputes must be postmarked by Saturday, September 24, 2022, and should be mailed to Huddleston v. JCT Settlement Administrator, P.O. John Christner Trucking - Inc. John Christner Trucking LLC. The test's first prong encompasses both purposeful direction and purposeful availment. The agreement sought to impose New York law, with the potential effect of displacing unwaivable California statutory protections to which the plaintiffs would otherwise be entitled, id. Phone: 8003241900. 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. Id. at 294. Hirschbach acquiring John Christner Trucking, creating reefer giant. 2021-06-11, U.S. Courts Of Appeals | Other | (citing Holliday, 2010 WL 3910143, at *4). 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." 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. [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. This prong may be satisfied by "purposeful availment of the privilege of doing business in the forum; by purposeful direction of activities at the forum; or by some combination thereof." ECF No. 1999), or that it is the "best" venue. Served on 03/24/2021. . Click on the links below to download documents related to the Settlement. John Christner Trucking, LLC, N.D. Oklahoma (Case No. 2d 1262, 1269 (W.D. 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. We are all in this together. Line, Inc. v. Wartsila N. Manetti-Farrow, Inc. v. Gucci Am., Inc., 858 F.2d 509, 513 (9th Cir. JCT also argues for transfer to the Northern District of Oklahoma pursuant to 28 U.S.C. 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. 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. ECF No. Response date set to 04/14/2021 for David C. Leimbach. John Christner Trucking, L.L.C. RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199 (9th Cir. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] 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." Id. at 581-82. "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.'" Do yourself a favor and keep looking. 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. See Piedmont Label Co. v. Sun Garden Packing Co., 598 F.2d 491, 496 (9th Cir. 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. Response date set to 04/14/2021 for David C. Leimbach. Still others have found that they are neither tort nor contract claims. July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. 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. 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. OF INTERESTED PARTIES: y. 8. Who are the attorneys representing Plaintiff and the Class Members? Narayan, 616 F.3d at 897; see also id. 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. Id. 3d 1199, 1207 (C.D. 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. 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 . In general, managers at John Christner Trucking are good to work with. 1404 And Forum-Selection Clause. Id. The classes consist of more than 3,000 truck drivers in the California Work Class and the Oklahoma class. Rowen v. Soundview Commc'ns, Inc., No. Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. Christner got his start in trucking in the 1960s hauling produce from California and returning to the coast with juice or meat, and this is still the core of what JCT does today. Atl. Company Contact Info John Christner Trucking LLC 19007 W Highway 33 Sapulpa, OK 74066 918-227-1600 918-248-3085 Cargo Hauled by John Christner Trucking LLC Fresh Produce General Freight Meat Refrigerated Food Schedule Monday - Friday 1:30pm - 10:30pm. John Christner Trucking has 500 employees. Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. Mot. 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. And the best part of all, documents in their CrowdSourced Library are FREE! Fifth, the question of efficient judicial resolution is neutral. No further written . . Our . ." The plaintiff bears the burden of satisfying the first two prongs of the test. JCT will continue to operate as a separate, but highly integrated, company with Danny Christner joining Hirschbach as the president of JCT, according to a statement from Hirschbach. 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. Yahoo! Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. 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. Served on: 03/25/2021. 2004). 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. The opinion in Waffle House was fairly narrow and distinguishable from the facts here. at 20. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). Web: www.johnchristner.com. . "Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin." 71st St., Suite 200Tulsa, OK 74136Telephone: (918) 970-2000Facsimile: (918) 970-2002. 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." In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. The combined revenue of both companies will exceed $1 billion and will propel Hirschbach to be one of the nation's largest refrigerated carriers. Sign up for our weekly newsletter today! Id. 1990), rev'd on other grounds, 499 U.S. 585 (1991); see also Walden, 134 S. Ct. at 1121 ("For a State to exercise jurisdiction consistent with due process, the defendant's suit-related conduct must create a substantial connection with the forum State."). Co. v. Glasbrenner, 417 F.3d 353, 356 (2d Cir. 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." at *3-*4 and thus had broader reach than the choice-of-law provision in the ICOA here. 1. 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. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. 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. Cal. Hirschbach Motor Lines today announced the completion of the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. Overall. . The clause here is clearly marked; the section header is bolded, and the forum-selection provision is in capital letters. 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 . 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. In essence, the lawsuit alleges JCT made false representations about its lease purchase program and concealed material facts. JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. COO John Christner Trucking, LLC . 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. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. Issued on 04/27/2021. Arising Out Of Forum-Related Activities. 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. shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . "We are proud to partner with WorkAdvance and provide Tulsans with employment opportunities," said Angie Buchanan, vice president of Melton Truck Lines. 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. Last year's revenues were $185 million, and the company expects to reach $200 million this year. 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | Opp. "[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." 4:21-CV-00132 | 2021-03-24, U.S. District Courts | Other | 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 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. (Filing fee $ 400, receipt number 0972-7154708) (Attachments: # 1 Civil Cover Sheet) (Cottrell, Carolyn) [Transferred from California Eastern on 9/28/2017.] 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. . Opp. (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. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 464 (1985). September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. Civ. M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972). Id. This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. Jag Trucking Inc. Revenue. See also Narayan, 616 F.3d at 899; Quinonez v. Empire Today, LLC, No. Please do not contact the court. . Id. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. 1988). . . 1391(b). at 319. at 13-14 (emphasis in original). 1 at 18. at 11-12. On average, employees at John Christner Trucking stay with the company for 2.3 years. Iowa-based Hirschbach Motor Lines has acquired John Christner Trucking, a refrigerated carrier based in Sapulpa. Although the ICOA "will likely be used as evidence" to support Huddleston's statutory claims, his "claims do not arise out of the contract, involve the interpretation of any contract terms, or otherwise require there to be a contract" in the first place. 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). Yahoo, 433 F.3d at 1206; Schwarzenegger, 374 F.3d at 802. at 18. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. Mahoney v. Depuy Orthopaedics, Inc., No. GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. Any and all claims, demands, causes of action, charges, and grievances, of whatever kind or nature, whether known or unknown, suspected or unsuspected, which Plaintiff and the Class Members now own or hold or have at any time before the Effective Date owned or held against Defendant or any of the Released Parties and which arose out of, are in any way connected to, or that were made or could have been made based on the facts, theories, and claims pled in Plaintiffs Class and Collective Action Complaint (Complaint). See Dole Food Co. v. Watts, 303 F.3d 1104, 1114 (9th Cir. NEW! Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. The postmark date of mailing to Class Counsel and Defendants counsel shall be the exclusive means for determining that an objection is timely mailed to counsel. (10/24/19 Mot hrng & 12/09/20 Sched conf.). 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. ECF No. Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. 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. Id. Indeed, courts have found the requirements of specific personal jurisdiction satisfied where a shipping company contracts to ship goods from one state to a second state and a cause of action arises in a third state through which the goods were passing. You will, have to pay for your own DOT physical and drug screen, your first settlement will be -$111.00(YES NEGATIVE), relay . Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. Holliday, 2010 WL 3910143, at *3-*4. 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. 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. A review of the distirct court docket shows transcripts ordered were already on file. JCT does not target any advertising specifically to California and, since at least 2013, only 10- 12% of its total nationwide miles have been logged in California. 9. Who are the attorneys representing Defendant John Christner Trucking, LLC? Join to connect John Christner Trucking, LLC.
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