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8. Who are the attorneys representing Plaintiff and the Class Members? 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. 1391. John Christner Trucking 19007 W Hwy 33 Internet United States of America. P. 4(k)(1)(A). LaCross v. Knight Transportation, Inc., 95 F. Supp. 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. 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. at 8. it must be reasonable." If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. 1 : UPS Inc. See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. Manner of Service: email. If you have money saved in your account or money they owe you for loads you have delivered they will pay . Web: www.johnchristner.com. [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. Issued on 04/27/2021. Response date set to 04/14/2021 for David C. Leimbach. Schwarzenegger, 374 F.3d at 805. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. This matter is now ripe for review and is suitable for disposition without oral argument. 1979). Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. Id. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. 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." Holliday, 2010 WL 3910143, at *3-*4. John Christner Trucking, L.L.C. Huddleston has not met his burden of demonstrating that this is an "exceptional case" in which the Court should set aside a valid forum-selection clause. 752, et seq. I would still be there if I were able to still be there. Id. The test's first prong encompasses both purposeful direction and purposeful availment. CIVF 07-1321 AWI SMS, 2007 WL 3341389, at *7 (E.D. Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. at 13-14 (emphasis in original). Huddleston v. John Christner Trucking, LLC, 1:17-cv-00925-LJO-SAB (E.D. JCT does not target any advertising specifically to California and, since at least 2013, only 10- 12% of its total nationwide miles have been logged in California. The "only issue" before the Supreme Court in Waffle House was "whether the fact that [an employee] has signed a mandatory arbitration agreement limits the remedies available to the EEOC." 2007) (citing Murphy, 362 F.3d at 1141; E.J. Still others have found that they are neither tort nor contract claims. As to the ICOA, he testifies that when he was in Oklahoma for orientation, he was told that the ICOA was nonnegotiable, was told that it was offered on a take-it-or-leave-it basis, and that the forum-selection clause and its effects were never explained to him. Huddleston v. John Christner Trucking, LLC: ERRATA/CORRECTION (Re: 269 The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. 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. 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. C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. Made in Oklahoma: John Christner Trucking Inc. CERT. 5:15CV81, 2016 WL 1559176, at *5 (W.D. 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." John Christner Trucking LLC Sapulpa, OK. Quick Apply. 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. 4:2017cv00549 - Document 76 (N.D. Okla. 2018) Court Description: OPINION AND ORDER by Chief Judge Gregory K Frizzell (Miscellaneous deadline: 5/8/2018) ; granting in part and denying in part 58 Motion for Collective Action Certification (kjp, Dpty Clk) Download PDF [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. Feb. 6, 2012). Id. Preliminary record filed. 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. JOHN CHRISTNER TRUCKING, LLC, Defendant. Hirschbach to acquire John Christner Trucking - TheTrucker.com It is unlawful for Defendant to take any adverse action against you as a result of your participation in this Settlement. Id. In contract cases, courts generally apply the purposeful availment test, while in tort cases they use the purposeful direction analysis. 0. See Fed. 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"). Cal. "), and JCT replied, ECF No. Pros. Apply today. 2004). [21-5025] [Entered: 04/27/2021 08:32 AM], [10823665] Minute order filed - Notice due that record is complete by 04/27/2021 for Mark C. McCartt, Clerk of Court (oclk). [21-5025] [Entered: 04/14/2021 04:21 PM], [10817932] Minute order filed - Transcript order form due 04/08/2021 for Brian Neil, Court Reporter. 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. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. Served on 03/25/2021. 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. John christner trucking settlement Mot. 2000). Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). 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. 2011). Id. This field is for validation purposes and should be left unchanged. Reply at 6-8. (Oklahoma Class Period). The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. [a] forum [selection] clause should control absent a strong showing that it should be set aside." The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. 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. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). 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. Temperature-controlled carrier Hirschbach acquires John Christner Trucking OF INTERESTED PARTIES: y. Huddleston I, slip. Click on the links below to download documents related to the Settlement. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] 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." If you are a Class Member, you may be entitled to receive money from a Settlement in this case, as described below. Forum-selection clauses are also scrutinized for "fundamental fairness," and may be deemed unfair if inclusion of the clause was motivated by bad faith, or if the party had no notice of the forum provision. 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. No further written . Thumbnails Document Outline Attachments Layers. 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. Mahoney v. Depuy Orthopaedics, Inc., No. 2006)). Hirschbach Motor Lines recently agreed to acquire John Christner Trucking (JCT), a refrigerated carrier based in Sapulpa, Oklahoma. Hirschbach Motor Lines today announced the completion of the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. 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. 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. 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. Marcotte v. Micros Sys., Inc., No. 10 ("Opp. Id. [21-5023, 21-5025] [Entered: 03/25/2021 08:56 AM], [10817559] Entry of appearance filed by Adam Carl Smedstad, James Anthony Eckhart, Mrs. Angela Stemle Cashand Christopher Eckhart for John Christner Trucking, LLC. 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/. See Atl. 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. You do not take home any money. John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. Nov. 4, 2010); Ronlake v. US-Reports, Inc., No. Bancroft & Masters, Inc. v. Augusta Nat. 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. Id. 2021-11-03, U.S. District Courts | Personal Injury | Parts Coordinator. 1 at 18. 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. Understand also that this is a lease. 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. 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. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. . 206, et seq. John Christner Trucking Employee Reviews for Driver - Indeed This factor does not weigh in favor of a finding of unreasonableness. JCT Variable Lease The Court applies federal law to the interpretation and enforcement of a forum-selection clause. Objections shall only be considered if the Class Member has not opted out of the Settlement. Company Snapshot JOHN CHRISTNER TRUCKING LLC USDOT Number: 273897 Other Information for this Carrier SMS Results Licensing & Insurance ID/Operations | Inspections/Crashes In US | Inspections/Crashes In Canada | Safety Rating Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). Huddleston v. John Christner Trucking | Robert S. Boulter | Attorney at Law 12-CV-06133-LHK, 2014 WL 3962647, at *4 (N.D. Cal. See id. See 28 U.S.C. [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). 3d 1199, 1207 (C.D. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. If you do not agree with these terms, then do not use our website and/or services. Apr. --------. "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." 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. Job Search | John Christner Trucking 21% of John Christner Trucking employees are women, while 79% are men. It also does not have any employees in California except one individual who works from his home in Fresno to arrange the transportation of customer freight. Finally, one place to get all the court documents we need. 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 . John Christner Trucking JCT Never lease with this company as long as BA and JM are there. Training and Employment Center Opens in Tulsa 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"). (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], Docket[10817929] Acknowledgment of transcript order filed by Thomas Huddleston. Thread Status: Not open for further replies. "We are impressed with the customized technical . By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, See Dole Food Co. v. Watts, 303 F.3d 1104, 1114 (9th Cir. Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. John Christner Trucking Careers and Employment in US 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. 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 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 Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). at 581. In support of its motion to dismiss, JCT submits, inter alia, a declaration from Shannon Crowley, Vice President of Risk Management. Both groups are considered Class Members in this Notice. M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972). 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. 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. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. at 6-7 (N.D. Cal. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. In EEOC v. Waffle House, Inc., 534 U.S. 279 (2002), the Supreme Court held that a governmental agency was not bound by an employee's arbitration agreement such that it was barred from pursuing judicial relief in an enforcement action. 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. NEW! 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. . UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. Leaked News! Served on 03/24/2021. at 297. Id. You will, have to pay for your own DOT physical and drug screen, your first settlement will be -$111.00(YES NEGATIVE), relay . [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. Attorney Cottrell, Carolyn H. added. 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. The Court begins its analysis with JCT's challenge to personal jurisdiction. John Christner Trucking, LLC, N.D. Oklahoma (Case No. As such, the argument regarding fraud and overreaching fails. 12. Personal Jurisdiction. Plaintiff bears the burden of showing that venue is proper. 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."