2014) (citing Murphy, 362 F.3d at 1141). 1988). 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. JCT is big enough to offer all you need to be successful but we're small enough to know you by name. Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). JCT argues that the centerpiece of Huddleston's complaint is the Fair Labor Standards Act ("FLSA"), which set nationwide standards, and because Huddleston performed long-haul truck-driving services throughout the country, the FLSA claims "could have arisen whether he was a resident of California, Connecticut, Colorado, or any other state in the country." Understand also that this is a lease. 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. 9. Who are the attorneys representing Defendant John Christner Trucking, LLC? The plaintiff need only make a prima facie showing of jurisdiction to defeat the motion to dismiss, but "may not simply rest on the bare allegations of the complaint." See 28 U.S.C. OF INTERESTED PARTIES: y. 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"). Dec. 6, 2012). (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . 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. 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."). Huddleston I, slip. Parts Coordinator. July 12, 2013). The purposeful-direction requirement is satisfied. Manetti-Farrow, Inc. v. Gucci Am., Inc., 858 F.2d 509, 513 (9th Cir. 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 Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. Hirschbach Motor Lines today announced the completion of the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). Silver Valley Partners, LLC v. De Motte, 400 F. Supp. [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). 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. Id. (Filing fee $ 400, receipt number 0972-7154708) (Attachments: # 1 Civil Cover Sheet) (Cottrell, Carolyn) [Transferred from California Eastern on 9/28/2017.] Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. The Court applies federal law to the interpretation and enforcement of a forum-selection clause. This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. Click on the links below to download documents related to the Settlement. 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). Here, in contrast, the forum-selection clause is not limiting any remedies that would otherwise be available to the government or removing the case from the courts completely; instead, it merely "alters which specific court will hear those claims." 10-1. Certificate of Interested Parties: Yes. Served on 03/24/2021. Co., Inc. v. U.S. Dist. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199 (9th Cir. ECF No. 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. 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. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. 2012 WL 393614, at *1 (emphasis supplied). Opp. Now as a fleet of over 800 trucks, John has had the support of many throughout the years, including his two sons Danny & Darryl. Id. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . JCT contracted with Huddleston (a California resident) to pick up and drop off cargo in California, which is enough to satisfy the test. Served on: 03/25/2021. 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. This factor does not weigh against transfer. (citing Iskanian for the proposition that representative PAGA claims may be brought in forums other than California state courts). So basically they give you older trucks with almost 500k miles. M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972). 4th 348, 394 (2014) (internal quotation marks and citation omitted). of Tex., 134 S. Ct. 568, 579 (2013) (internal quotation omitted). To calculate your estimated compensation package at JCT: Select OWNER OPERATOR or LEASE PURCHASE. 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. The Court has not ruled on the merits of Plaintiffs claims or Defendants defenses. [a] forum [selection] clause should control absent a strong showing that it should be set aside." The first, known as "general jurisdiction," exists if the defendant's contacts with the forum are "so substantial and of such a nature as to justify suit against it on causes of action arising from dealings entirely distinct from those activities." 5-3, Huddleston v. John Christner Trucking, LLC, No. (Text Only - No Attachment). at 13-14 (emphasis in original). 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 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. CV 05-4928-NM EX, 2006 WL 8074721, at *3 (C.D. He further testifies that litigating this case in Oklahoma would impose a prohibitive economic hardship on him due to the cost of travel and time away from work, problems that he would not experience if the case were to remain in California. 10-1, Huddleston Decl. "The party challenging the clause bears a 'heavy burden of proof.'" This second prong of the specific jurisdiction test is satisfied if the plaintiff would not have been injured "but for" the defendant's forum-related contacts. JCT also argues for transfer to the Northern District of Oklahoma pursuant to 28 U.S.C. Cal. JCT was started in 1986 by the John Christner. Huddleston has submitted no evidence of court congestion particular to Oklahoma as opposed to California. 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. No. Certificate of Interested Parties: No. Los Angeles, LLC, 59 Cal. 2d 204, 213 (W.D.N.Y. CIVF 07-1321 AWI SMS, 2007 WL 3341389, at *7 (E.D. John Christner Trucking, L.L.C. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. If you have money saved in your account or money they owe you for loads you have delivered they will pay . This rating has decreased by -4% over the last 12 months. Finally, one place to get all the court documents we need. 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. 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." Can Defendant retaliate against me for participating in this Settlement? "Courts in the Ninth Circuit have generally agreed that the choice-of-law analysis is irrelevant to determining if the enforcement of a forum selection clause contravenes a strong public policy." John Christner Trucking, LLC, N.D. Oklahoma (Case No. Yahoo! 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." JCT responds that only three of the twenty-five loads that Huddleston performed had pick-ups or deliveries that took place within this district and that in any case, the classification decisions giving rise to this suit took place at JCT's corporate headquarters in Oklahoma and not in California at all. ECF No. Co. v. Glasbrenner, 417 F.3d 353, 356 (2d Cir. 2002). Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. The settlement administrator will determine all Individual Settlement Amounts based on Defendants records of the weeks worked by Class Members. 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. The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. Certificate of Interested Parties: Yes. The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Plaintiff opposed, ECF No. Copyright 2023 Land Line Magazine & Land Line Now. 1391. Popular Searches. The DM speaks to their Drivers poorly and use profanity. Click UPDATE at the bottom of the calculator. Please do not contact the court. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. DECLARATION OF KAREN BUTLER REISINGER RE DEFENDANT'S CLASS ACTION FAIRNESS ACT SETTLEMENT NOTICE by John Christner Trucking, LLC (With attachments) (Reisinger, Karen) TEXT ONLY ORDER: The parties having announced a settlement, they are to submit an agreed order of dismissal to the District Judge on or before 9/1/15. 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. Your decision as to whether or not to participate in this Settlement will in no way affect your work or relationship with Defendant or future work or relationship with Defendant. Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir. Hirschbach Motor Lines recently agreed to acquire John Christner Trucking (JCT), a refrigerated carrier based in Sapulpa, Oklahoma. . CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. Response date set to 04/14/2021 for Carolyn H. Cottrell. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. The general rule is that each plaintiff in a class action must individually satisfy venue, so the venue determination is "based on the plaintiffs in the class actionnot absent class members." 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. 5:15CV81, 2016 WL 1559176, at *5 (W.D. 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. 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. Response date set to 04/14/2021 for David C. Leimbach. at 919. Objections shall only be considered if the Class Member has not opted out of the Settlement. 2021-06-11, U.S. Courts Of Appeals | Other | at 6-7 (N.D. Cal. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], [10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. | All Rights Reserved. . 2004) (internal citation and quotation marks omitted). Opp. Mark Schremmer, senior editor, joined Land Line in 2015. Hirschbach builds national footprint through M&A (Photo: Hirschbach) Refrigerated carrier Hirschbach announced Wednesday the acquisition of John Christner Trucking (JCT). This factor does not weigh in favor of a finding of unreasonableness. (10/24/19 Mot hrng & 12/09/20 Sched conf.). at 24. Opp. 2006). Management. Id. Perry, 2011 WL 4080625, at *5. Id. Huddleston v. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. Murphy, 362 F.3d at 1140 (quoting M/S Bremen., 47 U.S. at 17). The Court begins its analysis with JCT's challenge to personal jurisdiction. Under California's long-arm statute, courts may exercise personal jurisdiction "on any basis not inconsistent with the Constitution of this state or of the United States." 2007). 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. 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. Hirschbach, based in Dubuque, Iowa, is a privately owned carrier . Lawrence J. O'Neill UNITED STATES CHIEF DISTRICT JUDGE, MEMORANDUM DECISION AND ORDER RE DEFENDANT'S MOTION TO DISMISS FOR LACK OF JURISDICTION, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE (ECF NO. 206, et seq. Code Ann. We have the right trucks, the right freight, and the right people. Holliday, 2010 WL 3910143, at *3-*4. The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. Served on 03/12/2021. [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. 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. CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. at 581. Join Our Community Today! JCT moves to dismiss based on lack of personal jurisdiction and improper venue or, in the alternative, to transfer the case to the Northern District of Oklahoma, the forum specified in the forum-selection clause of the contract between the parties. You do not take home any money. Court for W. Dist. Schwarzenegger, 374 F.3d at 805. Gallo Winery v. Andina Licores S.A., 440 F. Supp. [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. Because document collection is now mostly an exercise in electronic discovery, the presence of corporate documents in Oklahoma does not weigh heavily in favor of finding that jurisdiction in California would be unreasonable. John Christner Trucking 19007 W Hwy 33 Internet United States of America. at *3-*4 and thus had broader reach than the choice-of-law provision in the ICOA here. [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. Id. ECF No. Deductions from this amount will be made for attorneys fees and costs for Class Counsel (see Section 10 below), settlement administration costs (estimated to be $79,500.00); a service award in an amount not to exceed $25,000.00 to Plaintiff, Thomas Huddleston, for his service to the Class Members, and $75,000.00 to the California Labor and Workforce Development Agency (LWDA), which is 75% of the $100,000.00 the parties allocated to penalties associated with Plaintiffs claim under the California Private Attorneys General Act (PAGA). Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. 30-31, Ex. 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. CERT. John Christner Trucking - Inc. John Christner Trucking LLC. John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. 1979). Id. 2015). Id. "We are impressed with the customized technical . Adjust the GREEN FIELDS below. The most common ethnicity at John Christner Trucking is White (66%), followed by Hispanic or Latino (11%) and Black or African American (10%). 2000). 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." 2015); Robles, 2015 WL 1530510, at *4. Huddleston "alleges that JCT contracts with California residents and instructs them (and others) to make pick-ups and drop-offs in California. One (1) settlement share for each FLSA Workweek. John Christner Trucking Dec 2010 - Jun 2013 2 years 7 months Invoiced customers for our service, large and small based upon their requests and requirements and on a timely basis. 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. In the context of a motion under Rule 12(b)(3), a court need not accept as true all allegations in the complaint, but may consider facts outside the pleadings. 74] of the defendant, John Christner Trucking, LLC ("JCT"). Co., 417 F.3d at 357. 28 U.S.C 1404(a) provides that "[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." 5). But after fuel. Iskanian v. CLS Transp. The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. How will the Attorneys for the Class Members be paid? Manner of Service: email. See Narayan v. EGL, Inc., 616 F.3d 895, 899 (9th Cir. Cal. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] Id. at 581 n.6 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 241 n.6 (1981) (internal quotation marks omitted)). "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.'" Federal judges approved separate class certifications for divers in Oklahoma and California. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1080 (9th Cir. Your written objection must state whether you will attend the Final Approval Hearing, and your written notice of your intention to appear at the Final Approval Hearing must be filed with the Court and served upon Class Counsel and Defendants counsel on or before Saturday, September 24, 2022. 410.10 (2004). 18, 2016) ("It can come as no surprise to Syfan that litigation in Virginia might ensue when Syfan's conduct ensured DD would haul a load of frozen chicken across a significant portion of the state."). Schedule Monday - Friday 1:30pm - 10:30pm. "'Overreaching' is a ground 'short of fraud,' and a mere showing of 'non-negotiability and power difference' does not render a forum selection clause unenforceable." Third, JCT does not contest that the exercise of jurisdiction would conflict with the sovereignty of Oklahoma, its state of domicile, though the Court notes that the bulk of Huddleston's claims are brought under California state law, and the FLSA analysis will be the same in either California or Oklahoma. Huddleston does not argue that the Court could exercise general jurisdiction over JCT but contends that the Court does have specific jurisdiction over JCT. See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. The deal makes Hirschbach one of the nation's largest refrigerated carriers, the news release says, bumping it from sixth on Transport Topics 2021 ranking to second on the list. Scam Internet. Certificate of Interested Parties: No. at 17. "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."