at 1138. [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. 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. If you are a Class Member, you may be entitled to receive money from a Settlement in this case, as described below. John Christner Trucking 19007 W Hwy 33 Internet United States of America. The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. R. Civ. Los Angeles, LLC, 59 Cal. "The party challenging the clause bears a 'heavy burden of proof.'" A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." 410.10 (2004). 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. 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. It also does not have any employees in California except one individual who works from his home in Fresno to arrange the transportation of customer freight. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. 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 Adjust the GREEN FIELDS below. 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." 5-3, Huddleston v. John Christner Trucking, LLC, No. 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. 8:20-CV-00421 | 2020-10-14, U.S. District Courts | Contract | Id. [21-5025] [Entered: 04/14/2021 04:21 PM], [10817932] Minute order filed - Transcript order form due 04/08/2021 for Brian Neil, Court Reporter. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Manner of Service: email. 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. In general, managers at John Christner Trucking are good to work with. Huddleston does not argue that the Court could exercise general jurisdiction over JCT but contends that the Court does have specific jurisdiction over JCT. Preliminary record filed. 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. 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. Id. Attorney Cottrell, Carolyn H. added. --------. 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. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. Join Our Community Today! 5:20-CV-00915 | 2020-09-11, U.S. Courts Of Appeals | Civil Right | at *4. The Oklahoma class, specifically, claimed that the trucking companys marketing practices violated the Oklahoma Consumer Protection Act and the Oklahoma Business Opportunity Sales Act. Huddleston alleges in the Complaint that he "would regularly engage in JCT's business in various locations within this judicial district, including but not limited to Fresno, Stockton, Tulare, Newman, Turlock, Modesto, Merced, Madera, and Livingston." Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. Have you been screwed by John Christner Trucking yet? 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. 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. "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." at 17. 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 program. 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. Huddleston I, slip op. John Christner Trucking We've Got The Drive You Need Apply Now Search Driver Jobs Search Office Jobs Driver Verification Integrity, Dependability, Stewardship We live by our core values and pride ourselves on the foundation that has been built for over three generations. 897 F.2d 377, 385 (9th Cir. Line, Inc. v. Wartsila N. 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). B. Venue, Federal Rule of Civil Procedure 12(b)(3) authorizes motions to dismiss for improper venue. Huddleston v. John Christner Trucking, LLC, 1:17-cv-00925-LJO-SAB (E.D. RLM [Entered: 03/12/2021 04:57 PM], [10814509] Civil case docketed. Response date set to 04/14/2021 for David C. Leimbach. 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. The Court disagrees. Submit. 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. With combined revenues expected to exceed $1 billion annually, the reefer conglomerate will operate more than 3,000 trucks and . Whether JCT violated the California Labor Code and Wage Orders will be answered not by looking to the ICOA but instead by the statutes and regulations governing Huddleston's claims. Richards v. Lloyd's of London, 135 F.3d 1289, 1297 (9th Cir. Bancroft & Masters, Inc. v. Augusta Nat. Schedule Monday - Friday 1:30pm - 10:30pm. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. 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. Jag Trucking Inc. Revenue. B. 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." The Settlement provides that Class Counsel will receive attorneys fees of up to 33.33% of $9,250,000.00, and costs not to exceed $150,000.00. Served on 04/27/2021. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. Federal judges approved separate class certifications for divers in Oklahoma and California. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 7. (10/24/19 Mot hrng & 12/09/20 Sched conf.). Dubuque, Iowa-based Hirschbach Motor Lines announced the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. Id. Phone: 8003241900. John Christner Trucking has 500 employees. Click on the links below to download documents related to the Settlement. Feb. 6, 2012). Opp. This is so, he argues, because the ICOA provides for the application of Oklahoma law, and under Oklahoma law, Huddleston does not meet the statutory definition of "employee" and does not qualify for the sorts of unwaivable statutory remedies to which he would otherwise be entitled under California law. You pay about $1000 week for lease with good miles. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). Fill out the form below to receive a free and confidential initial consultation. OF INTERESTED PARTIES: y. 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. By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. Yahoo, 433 F.3d at 1206; Schwarzenegger, 374 F.3d at 802. In contract cases, courts generally apply the purposeful availment test, while in tort cases they use the purposeful direction analysis. Certificate of Interested Parties: 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." Silver Valley Partners, LLC v. De Motte, 400 F. Supp. We have the right trucks, the right freight, the right people. This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. Hirschbach Motor Lines on Feb. 16 announced that it will acquire Sapulpa, Okla.-based refrigerated carrier John Christner Trucking. This constitutes some purposeful injection into California and supports the reasonableness of the exercise of personal jurisdiction over JCT. ; all claims for deceptive and unfair trade practices under the Oklahoma Consumer Protection Act, 15 Okla. Stat. 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. Served on 03/24/2021. JCT was started in 1986 by the John Christner. This is an estimate of what your fixed expenses and variable expenses may be. 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. op. 4:20-CV-00638 | 2020-12-07, U.S. District Courts | Contract | John Christner Trucking JCT Never lease with this company as long as BA and JM are there. To do so, send a letter to the settlement administrator explaining the basis for your dispute and attach copies of the supporting evidence. Response date set to 04/14/2021 for Michelle S. Lim. 1993) holding modified by Yahoo! All current and former individuals who provide transportation services for John Christner Trucking within the United States, who entered into an independent contractor operator agreement with JCT and entered into a lease agreement with either JCT or Three Diamond Leasing. Overall. Marcotte, 2014 WL 4477349, at *8 (quoting Besag v. Custom Decorators, Inc., No. 2006). A forum-selection clause may be deemed unreasonable under the following circumstances: (1) if the inclusion of the clause in the agreement was the product of fraud or overreaching; (2) if the party wishing to repudiate the clause would effectively be deprived of his day in court were the clause enforced; and (3) if enforcement would contravene a strong public policy of the forum in which suit is brought. [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. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. 10-1, Huddleston Decl. at 919. The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. 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. b. 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. DATE RECEIVED: 03/11/2021. 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. 2000). 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. 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. John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011). Hirschbach Motor Lines today announced the completion of the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. Because California's long-arm statute allows the exercise of personal jurisdiction to the full extent permissible under the U.S. Constitution, the question here is whether assertion of personal jurisdiction over JCT comports with the limits imposed by federal due process. Id. 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." 11-cv-2009 (LJO)(MJS), 2012 WL 393614, at *4 (E. D. Cal. at 581-82. 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." According to the complaint, Huddleston worked as an "owner-operator" for JCT until August 2016. Code Ann. PAGA cases "function[] as a substitute for an action brought by the government itself." Because the parties' private interests should not be considered, the district court may consider only arguments about public-interest factors. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. 10-cv-02049 (WHA), 2010 WL 4569873, at *2-3 (N. D. Cal. A review of the distirct court docket shows transcripts ordered were already on file. You make about $3600 per week. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. 2004). Huddleston has presented no case law to support the idea that PAGA cases are exempt from application of forum-selection clauses and has offered no explanation why the Northern District of Oklahoma could not fairly adjudicate these claims. [21-5025] [Entered: 03/11/2021 03:45 PM], Dallas County Texas Courts | Personal Injury | Robles v. Comtrak Logistics, Inc., No. . . granted the motion for class certification, International group throws support behind Rhode Islands appeal of truck toll verdict, Vehicle weight at issue in overtime lawsuit, Trucker awarded $500K after being unlawfully detained, Former safety manager receives probation for cargo tank conspiracy. (10/24/19 Mot hrng & 12/09/20 Sched conf.). This field is for validation purposes and should be left unchanged. Cal. Inc., 223 F.3d 1082, 1088 (9th Cir. The Court begins its analysis with JCT's challenge to personal jurisdiction. Purposeful availment is not enough; the claims in this case must also arise out of FCT's contacts with California. Here, in contrast, the forum-selection clause is not limiting any remedies that would otherwise be available to the government or removing the case from the courts completely; instead, it merely "alters which specific court will hear those claims." at 319. [Please open the Notice for important information.] 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199 (9th Cir. The opinion in Waffle House was fairly narrow and distinguishable from the facts here. [21-5025] [Entered: 03/11/2021 03:45 PM]. 2010))). ***TIDBIT TUESDAY*** QualComm Message Reinder: Every Friday around 10:00 am you receive a message from the driver settlement department on your qual comm. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. 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. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], [10825412] Filed notice record is complete. Court for W. Dist. Rowen v. Soundview Commc'ns, Inc., No. at 298. Report this profile . B. Venue. Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. A former safety manager for a California company has been sentenced to probation for a conspiracy involving the illegal repair of cargo tanks. Id. 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. 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. 2012). 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"). The first, known as "general jurisdiction," exists if the defendant's contacts with the forum are "so substantial and of such a nature as to justify suit against it on causes of action arising from dealings entirely distinct from those activities." 12, which he asserts is substantial enough that he "may not be able to maintain his claim if forced to do so in Oklahoma," Opp. Plaintiff opposed, ECF No. 752, et seq. 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. 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. Mot. Served on: 03/25/2021. You will if you sign a lease! "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." Cal. Farm Credit W., PCA v. Lanting, No. JOHN CHRISTNER TRUCKING, LLC, Defendant. 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 . 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. Served on 03/24/2021. Certificate of Interested Parties: No. 17-cv-02081-RS ("Huddleston I"), slip op. A. Thus, this factor is not at issue. Proc. Civ. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 464 (1985). CV 05-4928-NM EX, 2006 WL 8074721, at *3 (C.D. Manner of Service: email. Manner of Service: email. 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. 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 Gulf Ins. LaCross v. Knight Transportation, Inc., 95 F. Supp. Still others have found that they are neither tort nor contract claims. 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. The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. at 1125. The test's first prong encompasses both purposeful direction and purposeful availment. International Shoe Co. v. Washington, 326 U.S. 310, 318 (1945). Manner of Service: email. 2015); Robles, 2015 WL 1530510, at *4.