Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. See Leroy v. Great W. United Corp., 443 U.S. 173, 180 (1979) ("The question of personal jurisdiction, which goes to the court's power to exercise control over the parties, is typically decided in advance of venue, which is primarily a matter of choosing a convenient forum."). We are all in this together. 1:11-CV-02009 LJO, 2012 WL 393614, at *3-4 (E.D. 21% of John Christner Trucking employees are women, while 79% are men. JCT restricts all routes accross I-90 but if driver does not say anything about added miles to avoid JCT WILL NOT Pay them same as using I-70 west of Denver in winter. 1391. You will, have to pay for your own DOT physical and drug screen, your first settlement will be -$111.00(YES NEGATIVE), relay . Opp. In contract cases, courts generally apply the purposeful availment test, while in tort cases they use the purposeful direction analysis. Id. It is well established that the Fourteenth Amendment's Due Process Clause limits the power of a court to exercise jurisdiction over out-of-state defendants who do not consent to jurisdiction. Code Ann. 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. Huddleston Decl. 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. 897 F.2d 377, 385 (9th Cir. 801, et seq. Served on 04/27/2021. gimme fonts Narayan, 616 F.3d at 897; see also id. 3d 1199, 1206 n.4 (C.D. As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." 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. 2015). In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. . Core-Vent Corp. v. Nobel Indus. Understand also that this is a lease. 10-1. According to the complaint, Huddleston worked as an "owner-operator" for JCT until August 2016. 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 Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. This matter is now ripe for review and is suitable for disposition without oral argument. Also, every "owner-operator" completes an orientation at those headquarters. Manner of Service: email. Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). Huddleston does not exclusively bring California claims; the Complaint also contains four causes of action under Oklahoma law, and in any case, "federal judges routinely apply the law of a State other than the State in which they sit." The clause here is clearly marked; the section header is bolded, and the forum-selection provision is in capital letters. Aug. 13, 2014). If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. 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. Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Tenth Circuit. After deductions of these amounts, what remains of the Gross Settlement Amount, or the Net Settlement Amount, will be available to pay monetary Individual Settlement Amounts to (i) Plaintiff; and (ii) Class Members who do not opt out of the Settlement (collectively, Class Participants). The Court has not ruled on the merits of Plaintiffs claims or Defendants defenses. DECLARATION OF KAREN BUTLER REISINGER RE DEFENDANT'S CLASS ACTION FAIRNESS ACT SETTLEMENT NOTICE by John Christner Trucking, LLC (With attachments) (Reisinger, Karen) (10/24/19 Mot hrng & 12/09/20 Sched conf.). Id. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199 (9th Cir. at 24. Thus, this factor is not at issue. $246.4 M. Employees. 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. at 581 n.6 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 241 n.6 (1981) (internal quotation marks omitted)). I would still be there if I were able to still be there. 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). Marine Const. 752, et seq. My experience working at John Christner Trucking was a good experience. John Christner Trucking adds 800 trucks to the Hirschbach fleet. 74] of the defendant, John Christner Trucking, LLC ("JCT"). 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. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Served on: 03/25/2021. ICOA 23. 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 10. at 24. ECF No. 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." Id. The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. [21-5025] [Entered: 03/11/2021 03:45 PM], Dallas County Texas Courts | Personal Injury | Defendant is represented by the following attorneys: Christopher J. Eckhart Angela S. Cash Karen B. Reisinger SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C. Manner of Service: email. John Christner Trucking, LLC, No. Please do not contact the court. Rhode Island is appealing a court ruling that ended the states truck-only tolls. 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.". (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. Current Outline Item. 5:20-CV-00915 | 2020-09-11, U.S. Courts Of Appeals | Civil Right | App. 2021-06-11, U.S. Courts Of Appeals | Other | at 319. Mot. M/S Bremen, 407 U.S. at 18. The settlement administrator will determine all Individual Settlement Amounts based on Defendants records of the weeks worked by Class Members. OF INTERESTED PARTIES: n. Served on 03/12/2021. This rating has decreased by -4% over the last 12 months. 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. 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. 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. JCT has not met its burden of showing that this Court's exercise of specific jurisdiction would be unreasonable. IT IS SO ORDERED. RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. Manner of Service: email. There are two kinds of personal jurisdiction that a court may exercise over an out-of-state defendant. Id. Inc., 223 F.3d 1082, 1088 (9th Cir. 3:21-CV-01669 | 2021-07-20, Dallas County District Courts | Personal Injury | [Please open the Notice for important information.] 1990), rev'd on other grounds, 499 U.S. 585 (1991); see also Walden, 134 S. Ct. at 1121 ("For a State to exercise jurisdiction consistent with due process, the defendant's suit-related conduct must create a substantial connection with the forum State."). Huddleston has submitted no evidence of court congestion particular to Oklahoma as opposed to California. John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. 71st St., Suite 200Tulsa, OK 74136Telephone: (918) 970-2000Facsimile: (918) 970-2002. Fourth, the interest of the forum state is great, because California has a strong interest "in protecting its citizens from the wrongful acts of nonresident defendants." 2009) (called into question on other grounds by Narayan v. EGL, Inc., 616 F.3d 895, 899, 904 (9th Cir. You do not take home any money. Rowen v. Soundview Commc'ns, Inc., No. Huddleston v. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. ECF No. Response date set to 04/14/2021 for Carolyn H. Cottrell. Manetti-Farrow, Inc. v. Gucci Am., Inc., 858 F.2d 509, 513 (9th Cir. at 1138. 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. John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. ECF No. at 17. Cal. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 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 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. 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. 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. This Settlement is a compromise and is not an admission of liability on the part of Defendant. 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. This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. JCT was started in 1986 by the John Christner. DATE RECEIVED: 03/11/2021. Manner of Service: email. 2d 1115, 1126 (E.D. DATE RECEIVED: 03/11/2021. Iskanian v. CLS Transp. 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. If you mail a written objection, you may also, if you wish, appear at the Final Approval Hearing to discuss your objection with the Court and the parties. "The party challenging the clause bears a 'heavy burden of proof.'" 1406(a), which provides that "[t]he district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought." 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. Response date set to 04/14/2021 for Michelle S. Lim. 10-cv-02049 (WHA), 2010 WL 4569873, at *2-3 (N. D. Cal. 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. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. 1 : UPS Inc. "As a general matter, California courts will enforce adequate forum selection clauses that apply to non-waivable statutory claims, because such clauses do[ ] not waive the claims, they simply submit their resolution to another forum." Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse. We've also provided a list of contacts should you have any questions. [21-5025] [Entered: 04/27/2021 08:32 AM], Docket[10823665] Minute order filed - Notice due that record is complete by 04/27/2021 for Mark C. McCartt, Clerk of Court (oclk). 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, LLC, Defendant. Manner of Service: email. [Please open the Notice for important information.] 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. Oct. 5, 2010)); Hernandez v. Martinez, No. This prong may be satisfied by "purposeful availment of the privilege of doing business in the forum; by purposeful direction of activities at the forum; or by some combination thereof." 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. 3d at 1206 n.5 (holding that a representative PAGA claim could be litigated in Arizona federal courts); see also id. Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. JCT also argues for transfer to the Northern District of Oklahoma pursuant to 28 U.S.C. The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. Bancroft & Masters, Inc. v. Augusta Nat. Ronlake v. US-Reports, Inc., No. Class Counsel will file a Motion for Attorneys Fees and Costs with the Court. Huddleston has also presented a prima facie case under the purposeful availment test. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. [21-5025] [Entered: 03/15/2021 12:17 PM], Docket[10815131] Admissions letter sent. "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." Good lease to make money. 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. 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." "We are proud to partner with WorkAdvance and provide Tulsans with employment opportunities," said Angie Buchanan, vice president of Melton Truck Lines. Finally, one place to get all the court documents we need. Iowa-based Hirschbach Motor Lines has acquired John Christner Trucking, a refrigerated carrier based in Sapulpa. 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. In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. Why is this public record being published online? Plaintiff Thomas Huddleston brings this wage-and-hour putative class action lawsuit against defendant John Christner Trucking, LLC ("JCT"). . 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. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). 4:20-CV-00638 | 2020-12-07, U.S. District Courts | Contract | ***TIDBIT TUESDAY*** QualComm Message Reinder: Every Friday around 10:00 am you receive a message from the driver settlement department on your qual comm. Case information including a copy of the complaint can be found here . 10-1, Huddleston Decl. 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. JCT is big enough to offer all you need to be successful but we're small enough to know you by name. 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. Preliminary record filed. Id. As such, the argument regarding fraud and overreaching fails. Served on 03/24/2021. (citing Carnival Cruise Lines, 499 U.S. at 595. Marine, 134 S. Ct. at 584. 1404 And Forum-Selection Clause. 0. 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." This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. CIVF 07-1321 AWI SMS, 2007 WL 3341389, at *7 (E.D. No money will revert to Defendant. A review of the distirct court docket shows transcripts ordered were already on file. (10/24/19 Mot hrng & 12/09/20 Sched conf.). Make your practice more effective and efficient with Casetexts legal research suite. 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. July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. Lease and other payments you end up with about $1000 on 3000 mile wk. [21-5023, 21-5025] [Entered: 03/25/2021 08:56 AM], Docket[10817559] Entry of appearance filed by Adam Carl Smedstad, James Anthony Eckhart, Mrs. Angela Stemle Cashand Christopher Eckhart for John Christner Trucking, LLC. Farm Credit W., PCA v. Lanting, No. 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] [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. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. 367. 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 The opinion in Waffle House was fairly narrow and distinguishable from the facts here. In the event any portion of the Individual Settlement Amounts paid to Plaintiff and Class Participants is ultimately construed by the IRS or any other taxing authority to be taxable income from which taxes should have been withheld, Plaintiff and Class Participants shall pay any and all such taxes, interest, and penalties on the amount they receive. 12 ("Reply"). The organization will now operate over . 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. "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.'" 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. Every dime goes to the truck. Manner of Service: email. Company Contact Info John Christner Trucking LLC 19007 W Highway 33 Sapulpa, OK 74066 918-227-1600 918-248-3085 Cargo Hauled by John Christner Trucking LLC Fresh Produce General Freight Meat Refrigerated Food But after fuel. No further written . [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. Join Our Community Today! JCT will continue to operate as a separate, but highly integrated, company with Danny Christner joining Hirschbach as the president of JCT, according to a statement from Hirschbach. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. CERT. A former safety manager for a California company has been sentenced to probation for a conspiracy involving the illegal repair of cargo tanks. See Local Rule 230(g). Nov. 4, 2010); Ronlake v. US-Reports, Inc., No. at 297. (citing Holliday, 2010 WL 3910143, at *4). C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. The party opposing enforcement of the forum selection clause on the grounds of fraud or overreaching "must show that the inclusion of the clause itself into the agreement was improper; it is insufficient to allege that the agreement as a whole was improperly procured." at 298. Id. The settlement administrator will notify you of the decision on the dispute. 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." John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. at 20. at 7. 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. 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. Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. 2010) ("Whether the Drivers are entitled to [California Labor Code] benefits depends on whether they are employees of [the defendant], which in turn depends on the definition that the otherwise governing lawnot the partiesgives to the term 'employee.' John Christner Trucking Case Summary On 03/11/2021 Huddleston filed a Labor - Labor Standard lawsuit against John Christner Trucking. JCT keeps all company records at its Oklahoma headquarters and dispatches drivers from there. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. [21-5025] [Entered: 03/24/2021 02:58 PM], [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. 5:16-CV-01221 | 2016-10-21, U.S. District Courts | Intellectual Property |