john christner trucking settlement john christner trucking settlement

This website is designed and maintained by the Settlement Administrator for the lawsuit known as Huddleston v. John Christner Trucking, LLC . Cal. 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. It is unlawful for Defendant to take any adverse action against you as a result of your participation in this Settlement. JCT argues that because it is an Oklahoma corporation that holds its driver orientations in Oklahoma and bases its drivers' compensation on miles traveled nationwide, not merely in California, it "never directed its actions at California," and the second prong is left unsatisfied. 20-610 | 2020-11-09, U.S. District Courts | Contract | 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. M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972). 5:20-CV-00915 | 2020-09-11, U.S. Courts Of Appeals | Civil Right | OF INTERESTED PARTIES: n. Served on 03/12/2021. The Court concludes that the forum selection clause of the ICOA is valid and enforceable. Id. 1979). Id. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. Holliday, 2010 WL 3910143, at *3-*4. Id. 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | The Court disagrees. Education funding and standards, certain business incentives, health care and transportation will be the lobbying priorities for the Tulsa Regional Chamber's OneVoice state legislative agenda this . Working at John Christner Trucking: 135 Reviews in US - Indeed 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 . Hirschbach acquiring John Christner Trucking, creating reefer giant. Murphy, 362 F.3d at 1140 (quoting M/S Bremen., 47 U.S. at 17). [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. SAFER Web - Company Snapshot JOHN CHRISTNER TRUCKING LLC - Transportation 367. Plaintiff bears the burden of showing that venue is proper. Id. Second, the forum-selection clause in Ronlake applied only to claims "arising out of" the agreement, narrow language that did not apply to misclassification claims that did not rely on contract interpretation for resolution. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . at 581. 2015). September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. [21-5025] [Entered: 04/19/2021 04:25 PM], Docket[10822480] Attorney Ms. Michelle S. Lim for Thomas Huddleston admitted to the bar of this court. John Christner Trucking adds 800 trucks to the Hirschbach fleet. Issued on 04/27/2021. 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. See id. Please do not contact the court. Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." . Huddleston argues that his claims brought pursuant to the Private Attorney General Act ("PAGA") are of such a strong local nature that they should be litigated in California. Christner Trucking was facing a class-action lawsuit. 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. Enforceability Of Forum-Selection Clause. John Christner Trucking 19007 W Hwy 33 Internet United States of America. 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. 2006)). (citing Holliday, 2010 WL 3910143, at *4). Class Counsel will be paid from the Gross Settlement Amount of $9,250,000.00. Huddleston I, slip op. Jct Lease Purchase - Page 1 | TruckingTruth Forum Lease and other payments you end up with about $1000 on 3000 mile wk. . at *4. 9. 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. See also Kia Motors Am., Inc. v. MPA Autoworks, No. According to the complaint, Huddleston worked as an "owner-operator" for JCT until August 2016. According to Crowley, JCT does not own or lease any property in California, except for one drop yard it leases in Colton, California. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] Pros. 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. The purposeful-direction requirement is satisfied. 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. Jane Gantz - Carrier Settlement - John Christner Trucking | LinkedIn UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. Federal judges approved separate class certifications for divers in Oklahoma and California. Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. The organization will now operate over . If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. Finally, one place to get all the court documents we need. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] 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. Cases involving labor standard violations, Fair Labor Standards Act (FLSA) - 29 USC 201, [10826612] On the court's own motion and pursuant to 10th Cir. Served on 03/24/2021. John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. 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. 2007). See Fed. Marine, 134 S. Ct. at 581. 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. 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. This field is for validation purposes and should be left unchanged. You will, have to pay for your own DOT physical and drug screen, your first settlement will be -$111.00(YES NEGATIVE), relay . Feb. 6, 2012). For tax reporting purposes, all Individual Settlement Amounts will be reported on an U.S. Internal Revenue Service (IRS) 1099 Form. ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. 3, 2015). John Christner Trucking, LLC Company Profile - Datanyze Jan. 10, 2006) ("Because venue can properly lie in multiple districts, the court need not compare sales figures in an effort to find the 'best venue'; rather the question is whether the venue chosen by a plaintiff is proper."). Hirschbach to acquire John Christner Trucking - TheTrucker.com 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/. "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. 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. The state of California may have an interest in the outcome of this dispute, but that interest is not so overwhelming or unusual that this should be an exception to the general rule that a valid forum-selection clause should be honored. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. RLM [Entered: 03/12/2021 04:57 PM], [10814509] Civil case docketed. Mot. 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. Hirschbach Motor Lines acquires John Christner Trucking Aug. 13, 2014). 1995). In support of its motion to dismiss, JCT submits, inter alia, a declaration from Shannon Crowley, Vice President of Risk Management. Bringing your own truck, you enjoy all of our great benefits (you''re responsible for your 2290). 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. 2011). 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. Served on: 03/25/2021. Los Angeles, LLC, 59 Cal. 3d 1199, 1206 n.4 (C.D. Mot. Opp. 1404 and the forum-selection clause. "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." Huddleston does not argue that the Court could exercise general jurisdiction over JCT but contends that the Court does have specific jurisdiction over JCT. 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. 3d 1199, 1207 (C.D. Huddleston v. John Christner Trucking, LLC JCT argues in the alternative that even if this Court does have specific personal jurisdiction and venue is proper in this District, the case should be transferred to the Northern District of Oklahoma pursuant to 28 U.S.C. Huddleston contends that because thirteen of the nineteen causes of action are based on California law, a California federal court will be better equipped to apply California state law than an Oklahoma court would be. Marcotte, 2014 WL 4477349, at *8 (quoting Besag v. Custom Decorators, Inc., No. The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. Opp. The settlement administrator will total the number of settlement shares for all Class Participants; the resulting sum will be divided into the Net Settlement Amount to reach a per share dollar figure. ICOA 23. at 9. Atl. The Court applies federal law to the interpretation and enforcement of a forum-selection clause. JCT keeps all company records at its Oklahoma headquarters and dispatches drivers from there. We are all in this together. 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." Ronlake v. US-Reports, Inc., No. The Court begins its analysis with JCT's challenge to personal jurisdiction. at 581. While the Court is sensitive to the potential financial strain involved in litigating this case in Oklahoma, serving as the named plaintiff in a class action is unlikely to carry with it the requirement that Huddleston travel to Oklahoma with much frequency, and Huddleston has failed to explain why litigating in Oklahoma would require substantially more time away from work than litigating in California such that he would be denied the ability to bring the case. This lawsuit alleges that Defendant improperly classified Class Members as independent contractors instead of as employees, and Class Members were not provided meal and rest breaks, were not compensated for all hours worked, were not paid minimum wage, were not paid all wages due upon termination, were not provided timely and compliant itemized wage statements, were not reimbursed for necessary business expenses, and were subject to unfair business practices. Overall. 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], [10825412] Filed notice record is complete. 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. . Click UPDATE at the bottom of the calculator. . (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. Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. 2007) (citing Murphy, 362 F.3d at 1141; E.J. Marine Const. 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. Leaked News! John Christner Trucking Just Sold To Hirschbach - YouTube Id. This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. 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. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). --------. at 18. Oct. 5, 2010)); Hernandez v. Martinez, No. 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." In other words, while the "in connection with" language is broad enough to encompass Huddleston's misclassification claims and bring them under the umbrella of the forum-selection clause, the ICOA provides that Oklahoma law applies only to interpretation of the ICOA itself. OF INTERESTED PARTIES: y. Bancroft & Masters, Inc. v. Augusta Nat. Mot. Because the state of California is the real party in interest in this "quasi-administrative enforcement action," Huddleston argues, the state has a strong interest in having the case litigated at home. 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." 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. Gallo Winery v. Andina Licores S.A., 440 F. Supp. $246.4 M. Employees. at 24. Manetti-Farrow, Inc. v. Gucci Am., Inc., 858 F.2d 509, 513 (9th Cir. CIVF 07-1321 AWI SMS, 2007 WL 3341389, at *7 (E.D. op. And the best part of all, documents in their CrowdSourced Library are FREE! Levine v. Entrust Grp., Inc., No. [a] forum [selection] clause should control absent a strong showing that it should be set aside." Cal. 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. Rowen v. Soundview Commc'ns, Inc., No. We have the right trucks, the right freight, the right people. There is nothing to indicate that the provision was the product of undue influence or overreaching. M/S Bremen, 407 U.S. at 1. (10/24/19 Mot hrng & 12/09/20 Sched conf.). Briefly: Hirschbach completes acquisition of John Christner Trucking 1y+ OTR Owner Operator - Seattle, WA - R.E. Garrison Trucking, Inc. See 28 U.S.C. 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." 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. How will the Attorneys for the Class Members be paid? P. 4(k)(1)(A). Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. 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. The court denied motions for certification to a California resident class and the portion of the Oklahoma class related to the Oklahoma Business Opportunity Sales Act claims. . 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. JCT has not met its burden of showing that this Court's exercise of specific jurisdiction would be unreasonable. at 294. [21-5025] [Entered: 04/20/2021 09:24 AM], Docket[10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. Parts Coordinator. at 298. However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." Huddleston v. John Christner Trucking, LLC - Casetext 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 . DECLARATION OF KAREN BUTLER REISINGER RE DEFENDANT'S CLASS ACTION FAIRNESS ACT SETTLEMENT NOTICE by John Christner Trucking, LLC (With attachments) (Reisinger, Karen) 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. 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. JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. 5) I. Join Our Community Today! The classes consist of more than 3,000 truck drivers in the California Work Class and the Oklahoma class. Adjust the GREEN FIELDS below. Cal. 5:15CV81, 2016 WL 1559176, at *5 (W.D. 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. "[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." Hirschbach completes its purchase of John Christner Trucking Plaintiff and the Class Members are represented by the following attorneys acting as Class Counsel: Carolyn H. CottrellDavid C. LeimbachMichelle S. LimSCHNEIDER WALLACECOTTRELL KONECKY LLP2000 Powell Street, Suite 1400Emeryville, CA 94608Telephone: (800) 689-0024Facsimile: (415) 421-7105ccottrell@schneiderwallace.comDLeimbach@schneiderwallace.commlim@schneiderwallace.com, Robert S. BoulterLAW OFFICES OF ROBERT S. BOULTER1101 Fifth Avenue, Suite 310San Rafael, California 94901Telephone: (415) 233-7100rsb@boulter-law.com. Holland Am. The Ninth Circuit has established a three-prong test for analyzing a claim of specific personal jurisdiction: (i) the defendant must have purposefully availed itself "of the privilege of conducting activities in the forum, thereby invoking the benefits and protections of its laws"; (ii) the cause of action must "arise[] out of or relate[] to the defendant's forum-related activities"; and (iii) "the exercise of jurisdiction must comport with fair play and substantial justice, i.e. Served on: 03/25/2021. 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 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." While FLSA claims can arise in any state, JCT's decision to hire Huddleston, a California resident, to make pick-ups and drop-offs in California means that his claims arose, at least in part, there. 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. B. [21-5025] [Entered: 03/11/2021 03:45 PM]. Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. See Gulf Ins. Thread Status: Not open for further replies. Preliminary record filed. Co. v. Glasbrenner, 417 F.3d 353, 356 (2d Cir. 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." [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. 2d 204, 213 (W.D.N.Y. The settlement administrator will notify you of the decision on the dispute. gimme fonts at 17. Hirschbach to Acquire John Christner Trucking | Transport Topics 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). "No one factor is dispositive; a court must balance all seven." 1998). Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse. Plaintiff Thomas Huddleston brings this wage-and-hour putative class action lawsuit against defendant John Christner Trucking, LLC ("JCT"). 1404 And Forum-Selection Clause. 10-1, Huddleston Decl. 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.". In re John Christner Trucking, LLC - casetext.com [21-5025] [Entered: 03/15/2021 11:58 AM], Docket[10814928] Entry of appearance filed by Michael J Blaschke, Mr. Robert S. Boulter, Ms. Carolyn H. Cottrell, Mr. David C. Leimbach, Ms. Michelle S. Lim and Ms. Rachel Lawrence Mor for Thomas Huddleston. Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . 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