As a part of this settlement, Defendant has also agreed to release Class Members that are former drivers as of the date of final approval from all known and unknown monetary claims. Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. 1998) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 518 (1974)) (emphasis in original). Opp. C. 28 U.S.C. CV 05-4928-NM EX, 2006 WL 8074721, at *3 (C.D. B. Venue, Federal Rule of Civil Procedure 12(b)(3) authorizes motions to dismiss for improper venue. 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. Made in Oklahoma: John Christner Trucking Inc. Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. Served on 03/25/2021. 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 Id. 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 Served on 03/12/2021. We have the right trucks, the right freight, the right people. The California resident claims he routinely. C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. | All Rights Reserved. John Christner Trucking Reviews - Glassdoor Hirschbach acquires John Christner Trucking - Overdrive [21-5025] RLM [Entered: 03/25/2021 04:20 PM], [10817921] Docketing statement filed by Thomas Huddleston. JCT's setting employment policies and wages is an "intentional act" that satisfies the first prong, and applying them in the forum state likewise satisfies the third prong. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. Served on: 03/25/2021. Change of Address Success - John Christner Truck Driver Settlement 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." it must be reasonable." With combined revenues expected to exceed $1 billion annually, the reefer conglomerate will operate more than 3,000 trucks and . John Christner Trucking Case Summary On 03/11/2021 Huddleston filed a Labor - Labor Standard lawsuit against John Christner Trucking. Hirshbach buys John Christner Trucking, boosts its reefer carrier ranking 897 F.2d 377, 385 (9th Cir. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. Co. v. Glasbrenner, 417 F.3d 353, 356 (2d Cir. This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. Enforceability Of Forum-Selection Clause. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. Code Ann. The general rule is that each plaintiff in a class action must individually satisfy venue, so the venue determination is "based on the plaintiffs in the class actionnot absent class members." Opp. 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. Reply at 3. 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 touchstone for asserting specific jurisdiction over a nonresident defendant is "the relationship among the defendant, the forum, and the litigation." Huddleston v. John Christner Trucking, LLC, 1:17-cv-00925-LJO-SAB (E.D. 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. "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.'" (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . 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. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. There is nothing to indicate that the provision was the product of undue influence or overreaching. The forum-selection clause here provides that "any claim or dispute arising from or in connection with" the ICOA "shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma." Jag Trucking Inc. Revenue. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. Mark Schremmer, senior editor, joined Land Line in 2015. Select SOLO DRIVER or TEAM DRIVER. P. 4(k)(1)(A). 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. 2d 1262, 1269 (W.D. Bancroft & Masters, Inc. v. Augusta Nat. Richards v. Lloyd's of London, 135 F.3d 1289, 1297 (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." 20-6072 | 2020-05-21. 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." 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. Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). See Piedmont Label Co. v. Sun Garden Packing Co., 598 F.2d 491, 496 (9th Cir. 11-cv-2009 (LJO)(MJS), 2012 WL 393614, at *4 (E. D. Cal. JCT keeps all company records at its Oklahoma headquarters and dispatches drivers from there. As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. John Christner Trucking Class Action Certified | Robert S. Boulter 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. 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. Cal. 2005) (collecting cases from various federal courts of appeals). Iowa-based Hirschbach Motor Lines has acquired John Christner Trucking, a refrigerated carrier based in Sapulpa. 2021-06-11, U.S. Courts Of Appeals | Other | The Court begins its analysis with JCT's challenge to personal jurisdiction. JCT Media Center. CIVF 07-1321 AWI SMS, 2007 WL 3341389, at *7 (E.D. See Dole Food Co. v. Watts, 303 F.3d 1104, 1114 (9th Cir. John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. App. Also, every "owner-operator" completes an orientation at those headquarters. at 298. 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. 410.10 (2004). 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. John Christner Trucking 19007 W Hwy 33 Internet United States of America. LaCross v. Knight Transportation, Inc., 95 F. Supp. John Christner Trucking LLC (Oklahoma Transport Company) 18, 2016) ("It can come as no surprise to Syfan that litigation in Virginia might ensue when Syfan's conduct ensured DD would haul a load of frozen chicken across a significant portion of the state."). 17-cv-02081-RS ("Huddleston I"), slip op. 752, et seq. 5-3, Huddleston v. John Christner Trucking, LLC, No. ." Manner of Service: email. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. 4:20-CV-00638 | 2020-12-07, U.S. District Courts | Contract | Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). (10/24/19 Mot hrng & 12/09/20 Sched conf.). Schwarzenegger, 374 F.3d at 805. 1979). 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." Manner of Service: email. Cancellation and Refund Policy, Privacy Policy, and 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. 8:20-CV-00421 | 2020-10-14, U.S. District Courts | Contract | Do yourself a favor and keep looking. 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. Feb. 6, 2012). [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. 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. The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. 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. Bringing your own truck, you enjoy all of our great benefits (you''re responsible for your 2290). 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. 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. Nov. 4, 2010); Ronlake v. US-Reports, Inc., No. Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. 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. ECF No. [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. If you fail to keep your address current, you may not receive your Individual Settlement Amount. The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. OF INTERESTED PARTIES: n. Served on 03/12/2021. Opp. Leaked News! 14-CV-05530-WHO, 2015 WL 899294, at *3-4 (N.D. Cal. Driver Resources | John Christner Trucking John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. Thus, this factor is not at issue. Join Our Community Today! Sep. 27, 2017). 5:15CV81, 2016 WL 1559176, at *5 (W.D. 10-1, Huddleston Decl. This is an estimate of what your fixed expenses and variable expenses may be. Civ. 4th 15, 21 (2012) (holding that a lawsuit "to enforce rights arising under the Labor Code benefitting employees but not independent contractors" did not "concern the application or interpretation of the" parties' employment agreements because the "petitioners' rights under the Labor Code are distinct from their contractual rights under the [a]greements"). 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. The Ninth Circuit has outlined three situations in which enforcement of a forum-selection clause would be unreasonable: "(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." A federal judge in Oklahoma approved separate class certifications for more than 3,000 truck drivers in a misclassification lawsuit against John Christner Trucking. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] Id. 21% of John Christner Trucking employees are women, while 79% are men. Both sides agree that in light of the risks and expenses associated with continued litigation, this Settlement is fair and appropriate under the circumstances, and in the best interests of the Class Members. "[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." B. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. at *3-*4 and thus had broader reach than the choice-of-law provision in the ICOA here. 1404 And Forum-Selection Clause. 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. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). Certificate of Interested Parties: No. JOHN CHRISTNER TRUCKING, LLC, Defendant. Media Center | John Christner Trucking 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. 4:17-cv-00549-GKF-CDL). Levine v. Entrust Grp., Inc., No. 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. 7. The purposeful direction test requires satisfaction of all three prongs of the Supreme Court's effects test from Calder v. Jones, 465 U.S. 783, 789-90 (1984). The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. The Court concludes that the forum selection clause of the ICOA is valid and enforceable. 2012 WL 393614, at *1 (emphasis supplied). It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. Thread Status: Not open for further replies. California's labor laws "are part of a broad regulatory policy defining the obligations" of employers "without regard to the substance of [their] contractual obligations." If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . See 28 U.S.C. Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. 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. 1404 and the forum-selection clause. Good lease to make money. at 1125. Christner Trucking was facing a class-action lawsuit. Cal. John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. Id. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] To calculate your estimated compensation package at JCT: Select OWNER OPERATOR or LEASE PURCHASE. 12. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. Cal. 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. Education among Chamber's priorities | | tulsaworld.com OF INTERESTED PARTIES: y. The test's first prong encompasses both purposeful direction and purposeful availment. . If you do not agree with these terms, then do not use our website and/or services. at 581. 28 U.S.C 1404(a) provides that "[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." 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"). Click UPDATE at the bottom of the calculator. "Although a FLSA claim for relief ostensibly arises from an employment contract, courts have likened FLSA claims to tort claims and have applied the purposeful direction standard." Served on 03/24/2021. We have the right trucks, the right freight, and the right people. DATE RECEIVED: 03/11/2021. Atl. of Tex., 134 S. Ct. 568, 579 (2013) (internal quotation omitted). $246.4 M. Employees. IT IS SO ORDERED. Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . Co., 417 F.3d at 357. Served on 03/25/2021. This factor does not weigh in favor of a finding of unreasonableness. at 9. 2021-11-03, U.S. District Courts | Personal Injury | 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). Served on 03/24/2021. Issued on 04/27/2021. The per share dollar figure will then be multiplied by each Class Participants total number of settlement shares to determine the Class Participants pro rata share of the Net Settlement Amount. Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. Thumbnails Document Outline Attachments Layers. 9. Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). at 18. Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding. The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. gimme fonts "We are impressed with the customized technical . See id. See Fed. 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. A former safety manager for a California company has been sentenced to probation for a conspiracy involving the illegal repair of cargo tanks. Web: www.johnchristner.com. 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." Id. [21-5025] [Entered: 03/24/2021 02:58 PM], Docket[10817554] Entry of appearance submitted by Christopher J. Eckhart, Angela S. Cash, James A. Eckhart, Adam C. Smedstad for Appellee John Christner Trucking, LLC for court review. When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. Huddleston "alleges that JCT contracts with California residents and instructs them (and others) to make pick-ups and drop-offs in California. Manner of Service: email. 2002). 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. Therein, he states that he is a resident of California and that much of his work activity took place in California. John Christner Trucking UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 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. Id. Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. Los Angeles, LLC, 59 Cal. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. 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." The Court held that an arbitration agreement to which the EEOC was not a party could not limit the remedies otherwise granted to the EEOC by statute, which not only had the authority to pursue independent actions in court for Title VII violations but, in the context of the suit, also had "exclusive authority over the choice of forum and the prayer for relief once a charge has been filed." DATE RECEIVED: 03/11/2021. 1988). jct Logistics - JCT Logistics Huddleston asserts that while JCT representatives outlined certain provisions of the ICOA prior to his signing it, he was unaware of the forum-selection clause and its implications. Preliminary record filed. Served on: 03/25/2021. . C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. [21-5025] [Entered: 04/14/2021 04:43 PM], [10822463] Attorney Mr. David C. Leimbach for Thomas Huddleston admitted to the bar of this court. CERT. The purposeful-direction requirement is satisfied. This factor primarily concerns "where the witnesses and the evidence are likely to be located." Line, Inc. v. Wartsila N. M/S Bremen, 407 U.S. at 1. Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir.