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. CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. Id. 2011). Though JCT's corporate documents and witnesses likely will be located in Oklahoma, Huddleston and other members of the California class likely will be located in California. We have the right trucks, the right freight, and the right people. Dec. 6, 2012). Compare Gonzalez v. Crete Carrier, Consequently, when evaluating a 1404(a) motion based on a forum-selection clause, a court should transfer, Full title:THOMAS HUDDLESTON, individually and on behalf of all others similarly, Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, In Huddleston, Chief Judge O'Neill of this district confronted a materially identical clause: "This Agreement shall be interpreted in accordance with, and governed by the laws of the United States and, of the State of Oklahoma.". DATE RECEIVED: 03/11/2021. 12 ("Reply"). OF INTERESTED PARTIES: n. Served on 03/12/2021. Opp. 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. In essence, the lawsuit alleges JCT made false representations about its lease purchase program and concealed material facts. . 4:20-CV-00638 | 2020-12-07, U.S. District Courts | Contract | The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. JOHN CHRISTNER TRUCKING, LLC, Defendant. The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. 5-1, Crowley Decl. For Plaintiff and the FLSA Collective Members (i.e., individuals who previously completed a valid Opt-In Consent Form to join this case), the Released Claims also include any and all claims, known or unknown, under the FLSA, 29 U.S.C. No. Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. at 17. 1993) holding modified by Yahoo! Id. Cal. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. 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." Line, Inc. v. Wartsila N. LaCross, 95 F. Supp. 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"). 5-3, Huddleston v. John Christner Trucking, LLC, No. Response date set to 04/14/2021 for Michelle S. Lim. ; statutory penalties, civil penalties under PAGA, California Labor Code 2699 et seq., all claims for constructive fraud and negligent misrepresentation; and all claims for unjust enrichment (Released Claims). 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. 1. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. July 12, 2013). 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 keeps all company records at its Oklahoma headquarters and dispatches drivers from there. Last name. 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. 897 F.2d 377, 385 (9th Cir. None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. Narayan, 616 F.3d at 899; see Elijahjuan v. Superior Court, 210 Cal. 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. 2015). This constitutes some purposeful injection into California and supports the reasonableness of the exercise of personal jurisdiction over JCT. See also Kia Motors Am., Inc. v. MPA Autoworks, No. 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. So basically they give you older trucks with almost 500k miles. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. of Tex., 134 S. Ct. 568, 579 (2013) (internal quotation omitted). 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. The opinion in Waffle House was fairly narrow and distinguishable from the facts here. 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. Have you been screwed by John Christner Trucking yet? Cal. Hirschbach Motor Lines today announced the completion of the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. Co, 134 S.Ct. Purposeful availment is not enough; the claims in this case must also arise out of FCT's contacts with California. "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." 3d at 1206 n.5 (holding that a representative PAGA claim could be litigated in Arizona federal courts); see also id. ECF No. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. As such, the argument regarding fraud and overreaching fails. 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. . Court for W. Dist. By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. For the precise terms and conditions of the Settlement, please see the Joint Stipulation of Settlement and Release of Class and Collective Action available in the documents section of this website, contact Class Counsel toll-free at (800) 689-0024, or access the Court docket in this case, for a fee, through the Courts Public Access to Court Electronic Records (PACER) system at https://ecf.oknd.uscourts.gov/. The Oklahoma class, specifically, claimed that the trucking companys marketing practices violated the Oklahoma Consumer Protection Act and the Oklahoma Business Opportunity Sales Act. You may also withdraw your objection in writing by mailing a withdrawal statement to the Court and counsel for the parties postmarked no later than Monday, October 17, 2022, orally at the Final Approval Hearing, or as otherwise ordered by the Court. Silver Valley Partners, LLC v. De Motte, 400 F. Supp. JCT contracted with Huddleston (a California resident) to pick up and drop off cargo in California, which is enough to satisfy the test. 1988). 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. 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. 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. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. shall be governed by the provisions of the law in New York." 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. Opp. If you fail to keep your address current, you may not receive your Individual Settlement Amount. Levine v. Entrust Grp., Inc., No. Preliminary record filed. The second, known as "specific jurisdiction," exists where the litigation is derived from obligations that "arise out of or are connected with the [company's] activities within the state." "For a party to escape a forum selection clause on the grounds of fraud, it must show that 'the inclusion of that clause in the contract was the product of fraud or coercion.'" 3d 1199, 1207 (C.D. it must be reasonable." See Atl. 2015). You may have received a Notice of Settlement (Notice) because you (1) previously completed a valid Opt-In Consent Form to join this case; or (2) the records of John Christner Trucking, LLC (Defendant) show you qualify as a member of the California Class and/or the Oklahoma Class as defined in Section 3. 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." The combined revenue of both companies will surpass $1 billion and propel . Join to connect John Christner Trucking, LLC. Cal. Personal Jurisdiction. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. Marine, 134 S. Ct. at 581. Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] Code Ann. Served on 03/24/2021. 752, et seq. 801, et seq. The plaintiff bears the burden of satisfying the first two prongs of the test. This language has broad reach, and because Huddleston's claims concern the relationship created by the ICOA, which created the working relationship between the parties, his claims fall within the scope of the forum-selection clause. 1404. at 11-12. It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. Jag Trucking Inc. Revenue. Yahoo, 433 F.3d at 1206; Schwarzenegger, 374 F.3d at 802. Id. This website is designed and maintained by the Settlement Administrator for the lawsuit known as Huddleston v. John Christner Trucking, LLC . Cal. Finally, one place to get all the court documents we need. This factor does not weigh in favor of a finding of unreasonableness. at 581. See Fed. Sixth, a California forum is important to Huddleston's interest in convenient relief, since he is a resident of and works in this forum and has averred that traveling to Oklahoma to litigate this case would present a burden. 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." 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. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. Driver Resources | John Christner Trucking Driver Resources Welcome JCT Drivers This page is dedicated to keeping you up to date with the latest JCT info. at 6-7 (N.D. Cal. # 9). Response date set to 04/14/2021 for David C. Leimbach. ." at *4. at 319. Marine, 134 S. Ct. at 583. John Christner Trucking 19007 W Hwy 33 Internet United States of America. DECLARATION OF KAREN BUTLER REISINGER RE DEFENDANT'S CLASS ACTION FAIRNESS ACT SETTLEMENT NOTICE by John Christner Trucking, LLC (With attachments) (Reisinger, Karen) Bringing your own truck, you enjoy all of our great benefits (you''re responsible for your 2290). Schedule Monday - Friday 1:30pm - 10:30pm. 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 11-cv-2009 (LJO)(MJS), 2012 WL 393614, at *4 (E. D. Cal. Defendant further denies that it misled any Class Member about its lease operator program. 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. at 9. 2012). Opp. Marcotte v. Micros Sys., Inc., No. My experience working at John Christner Trucking was a good experience. 9. Who are the attorneys representing Defendant John Christner Trucking, LLC? Id. 1 : UPS Inc. Va. Apr. First name. 14-CV-05530-WHO, 2015 WL 899294, at *3-4 (N.D. Cal. The settlement administrator will determine all Individual Settlement Amounts based on Defendants records of the weeks worked by Class Members. 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 . Marine Const. Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. Proc. In contract cases, courts generally apply the purposeful availment test, while in tort cases they use the purposeful direction analysis. The policies at issue may have their origin in Oklahoma, but JCT's decision to purposefully direct its activities toward California and apply those policies in this forum give rise to specific personal jurisdiction. Overall. Plaintiff Thomas Huddleston brings this wage-and-hour putative class action lawsuit against defendant John Christner Trucking, LLC ("JCT"). (10/24/19 Mot hrng & 12/09/20 Sched conf.). 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). 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. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. Hirschbach builds national footprint through M&A (Photo: Hirschbach) Refrigerated carrier Hirschbach announced Wednesday the acquisition of John Christner Trucking (JCT). 9. COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. Our . This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. 3d 1199, 1206 n.4 (C.D. July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. You pay about $1000 week for lease with good miles. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). See 28 U.S.C. ROBERTO BALDERRAMA vs. JOHN CHRISTNER TRUCKING, JACQUELINE BRADFORD, Ordosgoitti v. Werner Enterprises, Inc. et al, Chandler et al v. Craters & Freighters Franchise Company, Beissel et al v. Western Flyer Express, LLC, Board of Education of Yukon Oklahoma Public Schools v. SYSCO USA II, LLC, Seay et al v. Oklahoma Board of Dentistry et al, Seay, et al v. Oklahoma Board of Dentistry, et al. John Christner Trucking JCT Never lease with this company as long as BA and JM are there. I would still be there if I were able to still be there. 2006)). 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. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. LaCross, 95 F. Supp. 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." Rather, "for venue to be proper, significant events or omissions material to the plaintiff's claim must have occurred in the district in question, even if other material events occurred elsewhere." If you wish to object to the Settlement but fail to return your timely written objection in the manner specified above, you shall be deemed to have waived any objection and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement. Huddleston does not argue that the Court could exercise general jurisdiction over JCT but contends that the Court does have specific jurisdiction over JCT. Christner said the company has seen continuous growth over the past two decades. C 12-03959 WHA, 2012 WL 6087399, at *4 (N.D. Cal. Bancroft & Masters, Inc. v. Augusta Nat. Feb. 6, 2012). Specifically, he says that a significant portion of his drop-offs and pick-ups were located in Tulare, Stockton, Fresno, Newman, Turlock, Modesto, Merced, Madera, and Livingston (all located within the Eastern District of California) and that the vast majority of his total driving miles were related to either a pick-up or drop-off in California. 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. The U.S. Supreme Court has held that forum-selection clauses are presumptively valid and should only be set aside if the party challenging enforcement can "clearly show that enforcement would be unreasonable and unjust." Both groups are considered Class Members in this Notice. Certificate of Interested Parties: No. Aug. 13, 2014). 0. Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). The clause here is clearly marked; the section header is bolded, and the forum-selection provision is in capital letters. 10-1, Huddleston Decl. 12-CV-06133-LHK, 2014 WL 3962647, at *4 (N.D. Cal. You will if you sign a lease! Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. How will the Attorneys for the Class Members be paid? Ronlake v. US-Reports, Inc., No. Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. LaCross v. Knight Transportation, Inc., 95 F. Supp. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] Id. Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir. Also, every "owner-operator" completes an orientation at those headquarters. Served on 03/25/2021. Last year's revenues were $185 million, and the company expects to reach $200 million this year. 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. [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. 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. Seventh, Oklahoma is available as an alternative forum. 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. 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. Huddleston I, slip. Sep. 27, 2017). 3, 2015). 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. That test requires showing that the defendant (1) has committed an intentional act; (2) expressly aimed at the forum state; (3) causing harm that the defendant knows is likely to be suffered in the forum state. See Gulf Ins. (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). 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. This factor primarily concerns "where the witnesses and the evidence are likely to be located." He testifies in his declaration that "[m]uch" of his JCT-related work took place in California and that he drove "all over" the state, including making a "significant portion" of his pick-ups and drop-offs in the cities within this District listed in paragraph 18 of the Complaint. Am., Inc., 485 F.3d 450, 457 (9th Cir. 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. 1:11-CV-02009 LJO, 2012 WL 393614, at *3-4 (E.D. The touchstone for asserting specific jurisdiction over a nonresident defendant is "the relationship among the defendant, the forum, and the litigation." "); Turner v. Syfan Logistics, Inc., No. Id. Wash. 2005). This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. 3d at 1207 n.6. Certificate of Interested Parties: No. 2005) (collecting cases from various federal courts of appeals). Served on 04/27/2021. 2014) (citing Murphy, 362 F.3d at 1141). "), and JCT replied, ECF No. at 7. 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. [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.
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