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. Phone: 8003241900. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. Huddleston does not allege that he was prevented from reading the IOCA, misled about the effect of the forum-selection clause, or that the clause was fraudulently inserted without his knowledge. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] 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." In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. To do so, send a letter to the settlement administrator explaining the basis for your dispute and attach copies of the supporting evidence. You will, have to pay for your own DOT physical and drug screen, your first settlement will be -$111.00(YES NEGATIVE), relay . See id. Huddleston has submitted an affidavit outlining the "prohibitive" financial hardship associated with litigating this case in Oklahoma, Huddleston Decl. Schwarzenegger, 374 F.3d at 805. 2d 1262, 1269 (W.D. LaCross v. Knight Transportation, Inc., 95 F. Supp. Cal. 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. 2012 WL 393614, at *1 (emphasis supplied). --------. Huddleston v. John Christner Trucking, LLC - Casetext at 581 n.6 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 241 n.6 (1981) (internal quotation marks omitted)). 2d 204, 213 (W.D.N.Y. 12-CV-06133-LHK, 2014 WL 3962647, at *4 (N.D. Cal. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. [21-5025] [Entered: 04/14/2021 04:21 PM], Docket[10817932] Minute order filed - Transcript order form due 04/08/2021 for Brian Neil, Court Reporter. He testifies that JCT said it would make every effort to make his first and last stop of any given trip in California so his work would be completed close to home, and that his first and last stops were indeed in California. op. If you object to the Settlement, you cannot opt out of the Settlement, and you will be bound by the terms of Settlement in the event the Court denies your objection. ECF No. 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. Management. 1998). 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. at *3-*4 and thus had broader reach than the choice-of-law provision in the ICOA here. 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." See Gulf Ins. 1:11-CV-02009 LJO, 2012 WL 393614, at *3-4 (E.D. The classes consist of more than 3,000 truck drivers in the California Work Class and the Oklahoma class. Feb. 6, 2012). Also, every "owner-operator" completes an orientation at those headquarters. Lease and other payments you end up with about $1000 on 3000 mile wk. It is thus not Huddleston's personal choice to live in California which drives the jurisdictional analysis, but JCT's choice to dispatch deliveries to and from California which does." 2011). They say lease purchase but you have to lease for 5 yrs before u can own it. 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. Hirschbach builds national footprint through M&A (Photo: Hirschbach) Refrigerated carrier Hirschbach announced Wednesday the acquisition of John Christner Trucking (JCT). ." Fifth, the question of efficient judicial resolution is neutral. 5). [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. CDL Solo and Team Truck Drivers - Hickory, PA - John Christner Trucking 1. at 581. Jct Lease Purchase - Page 1 | TruckingTruth Forum Pros. 9. Who are the attorneys representing Defendant John Christner Trucking, LLC? The touchstone for asserting specific jurisdiction over a nonresident defendant is "the relationship among the defendant, the forum, and the litigation." Hirschbach to acquire John Christner Trucking | FleetOwner CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1073 (9th Cir. 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. 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." The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. See 28 U.S.C. DATE RECEIVED: 03/11/2021. 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. 10-1, Huddleston Decl. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). Fill out the form below to receive a free and confidential initial consultation. Id. . Atl. I would still be there if I were able to still be there. Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. The forum-selection clause, by contrast, states more broadly that "any claim or dispute arising from or in connection with this agreement, whether under federal, state, local, or foreign law . We have the right trucks, the right freight, and the right people. Huddleston v. John Christner Trucking | Robert S. Boulter | Attorney at Law JOHN CHRISTNER TRUCKING, LLC, Defendant. Holland Am. Have you been screwed by John Christner Trucking yet? By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. Served on 04/27/2021. 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." (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. 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." 1391(b). Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). There are two kinds of personal jurisdiction that a court may exercise over an out-of-state defendant. 2006). Huddleston v. John Christner Trucking, LLC, 1:17-cv-00925-LJO-SAB (E.D. 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." [21-5025] [Entered: 03/24/2021 02:58 PM], Docket[10817554] Entry of appearance submitted by Christopher J. Eckhart, Angela S. Cash, James A. Eckhart, Adam C. Smedstad for Appellee John Christner Trucking, LLC for court review. Ronlake v. US-Reports, Inc., No. See also Kia Motors Am., Inc. v. MPA Autoworks, No. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. 2006)). JOHN CHRISTNER TRUCKING Jobs (Now Hiring) Near Me [21-5025] [Entered: 03/12/2021 05:19 PM], Docket[10814925] Entry of appearance submitted by Rachel Lawrence Mor, Michael J. Blaschke, Carolyn Hunt Cottrell, David C. Leimbach, Michelle S. Lim and Robert S. Boulter for Appellant Thomas Huddleston for court review. My experience working at John Christner Trucking was a good experience. In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. Served on 03/25/2021. On average, employees at John Christner Trucking stay with the company for 2.3 years. You may have received a Notice of Settlement (Notice) because you (1) previously completed a valid Opt-In Consent Form to join this case; or (2) the records of John Christner Trucking, LLC (Defendant) show you qualify as a member of the California Class and/or the Oklahoma Class as defined in Section 3. 5) I. Id. Iowa-based Hirschbach Motor Lines has acquired John Christner Trucking, a refrigerated carrier based in Sapulpa. 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. OF INTERESTED PARTIES: n. Served on 03/12/2021. Apply today. Id. Thumbnails Document Outline Attachments Layers. Manner of Service: email. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], [10817929] Acknowledgment of transcript order filed by Thomas Huddleston. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. it must be reasonable." In 2020, United States District Court Judge Gregory Frizzell certified a nationwide class of drivers for a claim that JCT violated Oklahomas consumer protection law in selling the lease program utilizing alleged misrepresentations and concealing material facts. CDL Solo and Team Truck Drivers - Granville, PA - John Christner Trucking John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . 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."). See Fed. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. JCT has not met its burden of showing that this Court's exercise of specific jurisdiction would be unreasonable. Why is this public record being published online? Hirschbach Motor Lines acquires John Christner Trucking As such, the argument regarding fraud and overreaching fails. 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.' 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. 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. "The scope of the claims governed by a forum selection clause depends [upon] the language used in the clause." 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. Cal. 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. 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. Co., 417 F.3d at 357. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199 (9th Cir. 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). If you fail to keep your address current, you may not receive your Individual Settlement Amount. Marine Const. 1. . 2002). John Christner Trucking Team Truck Jobs | John Christner Trucking Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. Id. . [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] Opp. Marine, 134 S. Ct. at 584. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. (Text Only - No Attachment). 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"). at 6-7 (N.D. Cal. "), and JCT replied, ECF No. R. Civ. The Ninth Circuit has outlined three situations in which enforcement of a forum-selection clause would be unreasonable: "(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." at *4. 2011). 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. Served on 03/24/2021. Aug. 13, 2014). Click on the links below to download documents related to the Settlement. Iowa company purchases John Christner Trucking in Sapulpa 2007). If you have money saved in your account or money they owe you for loads you have delivered they will pay . Schedule Monday - Friday 1:30pm - 10:30pm. 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). Defendant contends that it properly classified Class Members as independent contractors, and that the policies challenged by Plaintiff, including those regarding payment for time worked, meal breaks, rest breaks, and expense reimbursements, are lawful and have been lawful throughout the relevant time period. [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. john christner trucking Inc. John Christner Trucking. Class Counsel will be paid from the Gross Settlement Amount of $9,250,000.00. JCT also argues for transfer to the Northern District of Oklahoma pursuant to 28 U.S.C. Served on 04/27/2021. You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. John Christner Trucking, LLC Company Profile - Datanyze 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." Core-Vent Corp. v. Nobel Indus. The Court applies federal law to the interpretation and enforcement of a forum-selection clause. 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.". The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. Response date set to 04/14/2021 for Carolyn H. Cottrell. at 24. See also Narayan, 616 F.3d at 899; Quinonez v. Empire Today, LLC, No. 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. For-Hire Companies | Transport Topics Huddleston "alleges that JCT contracts with California residents and instructs them (and others) to make pick-ups and drop-offs in California. John christner trucking settlement COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. 2d 1115, 1126 (E.D. We've also provided a list of contacts should you have any questions. B. Venue, Federal Rule of Civil Procedure 12(b)(3) authorizes motions to dismiss for improper venue. at 24. Holliday, 2010 WL 3910143, at *3-*4. . 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 Parts Coordinator. Issued on 04/27/2021. Education among Chamber's priorities | | tulsaworld.com Perry, 2011 WL 4080625, at *5. Id. GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. (10/24/19 Mot hrng & 12/09/20 Sched conf.). LaCross, 95 F. Supp. JCT Media Center. [21-5025] [Entered: 04/20/2021 09:24 AM], [10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. Now as a fleet of over 800 trucks, John has had the support of many throughout the years, including his two sons Danny & Darryl. 2009) (called into question on other grounds by Narayan v. EGL, Inc., 616 F.3d 895, 899, 904 (9th Cir. Who are the attorneys representing Defendant John Christner Trucking, LLC? M/S Bremen, 407 U.S. at 18. The Court has not ruled on the merits of Plaintiffs claims or Defendants defenses. Working at John Christner Trucking: 135 Reviews | Indeed.com Oct. 5, 2010)); Hernandez v. Martinez, No. 801, et seq. at 18. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], [10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Atl. 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. 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." 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." Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. 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. John Christner Trucking LLC (Oklahoma Transport Company)