C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. . Being primarily a FLSA case, JCT contends, "[i]t cannot be said that JCT's California operations made the FLSA claim (or Oklahoma state claims) uniquely possible." Silver Valley Partners, LLC v. De Motte, 400 F. Supp. Id. 4:17-cv-00549-GKF-CDL). Have you been screwed by John Christner Trucking yet? You will if you Issued on 04/27/2021. 1391 (d). 10-cv-02049 (WHA), 2010 WL 4569873, at *2-3 (N. D. Cal. Marine, 134 S. Ct. at 581. . Inc., 223 F.3d 1082, 1088 (9th Cir. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. 2004). Huddleston v John Christner Trucking | 21-5025 | Court Records - UniCourt "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 Class Action Certified | Robert S. Boulter If you would like additional information or have any non-legal questions, please contact the Huddleston v. JCT Settlement Administrator: Huddleston v. JCT SettlementAdministratorP.O Box 10269Tallahassee, FL 32302-2269 claims@ssiclaims.com(855) 458-3918, This website is designed and maintained by the Settlement Administrator for thelawsuit known as Huddleston v. John Christner Trucking, LLC. John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. Media Center | John Christner Trucking 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. 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. The 19 causes of action in the lawsuit: Under the general venue statute, a civil action may be brought in: (1) a judicial district in which any defendant resides, if all defendants are residents of the state in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action. The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. Mot. Classes approved in lawsuit against John Christner Trucking 4:17-cv-00549-GKF-CDL). This factor does not weigh against transfer. Manner of Service: email. 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. --------. Id. 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. 11-cv-2009 (LJO)(MJS), 2012 WL 393614, at *4 (E. D. Cal. DECLARATION OF KAREN BUTLER REISINGER RE DEFENDANT'S CLASS ACTION FAIRNESS ACT SETTLEMENT NOTICE by John Christner Trucking, LLC (With attachments) (Reisinger, Karen) Long hours and little pay: Lawsuit claims local trucking company Weekly Settlement Deduction with JCT (John Christner Trucking) C. 28 U.S.C. 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. . at 17. This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. 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. 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. 367. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. 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. "[U]ncontroverted allegations must be taken as true, and conflicts between parties over statements contained in affidavits must be resolved in the plaintiff's favor." 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." The Oklahoma class, specifically, claimed that the trucking companys marketing practices violated the Oklahoma Consumer Protection Act and the Oklahoma Business Opportunity Sales Act. Preliminary record filed. The original complaint alleged that truck drivers for the Sapulpa, Okla.-based company often worked 70-100 hours per week while being paid less than $500. 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. Working at John Christner Trucking: 135 Reviews | Indeed.com (internal quotation marks omitted)). Public Records Policy. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. 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 Thus, this factor is not at issue. Wash. 2005). 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. Bringing your own truck, you enjoy all of our great benefits (you''re responsible for your 2290). Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. The Crowley declaration includes as an exhibit a copy of the "Independent Contractor Operating Agreement" ("ICOA") that Huddleston signed. Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse. C 12-03959 WHA, 2012 WL 6087399, at *4 (N.D. Cal. Marcotte v. Micros Sys., Inc., No. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. John Christner Trucking Careers and Employment in US 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. 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/. C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. The state of California may have an interest in the outcome of this dispute, but that interest is not so overwhelming or unusual that this should be an exception to the general rule that a valid forum-selection clause should be honored. ECF No. [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. Every dime goes to the truck. ICOA 23. at 581 n.6 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 241 n.6 (1981) (internal quotation marks omitted)). Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. "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.'" [21-5025] [Entered: 03/11/2021 03:45 PM], Dallas County Texas Courts | Personal Injury | OF INTERESTED PARTIES: n. Served on 03/12/2021. Served on 04/27/2021. Perry, 2011 WL 4080625, at *5. at 581. The clause here is clearly marked; the section header is bolded, and the forum-selection provision is in capital letters. According to Crowley, JCT does not own or lease any property in California, except for one drop yard it leases in Colton, California. It is unlawful for Defendant to take any adverse action against you as a result of your participation in this Settlement. This is an estimate of what your fixed expenses and variable expenses may be. Huddleston v. John Christner Trucking, LLC - casetext.com at 20. 10-1, Huddleston Decl. CDL Solo and Team Truck Drivers - Granville, PA - John Christner Trucking [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. Hirschbach to acquire John Christner Trucking | FleetOwner Response date set to 04/14/2021 for Michelle S. Lim. 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. CERT. Marine, 134 S. Ct. at 584. Do yourself a favor and keep looking. 1:11-CV-02009 LJO, 2012 WL 393614, at *3-4 (E.D. 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. 801, et seq. 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." 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. Thumbnails Document Outline Attachments Layers. John Christner Trucking, LLC Company Profile - Datanyze 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. 5 ("Mot."). [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. Pros. When a case concerns enforcement of a forum-selection clause, 1404(a) provides a mechanism for its enforcement and "a proper application of section 1404(a) requires that a forum-selection clause be given controlling weight in all but the most exceptional cases." The lawsuit also claimed that it wasn't uncommon for drivers to receive negative paychecks. 1337, 1341-42 (D. Kan. 1994) ("[G]iven the nationwide nature of Professional's transportation brokerage service, it should certainly have foreseen the possibility of litigation arising in a state through which it had arranged for the shipment of goods. You make about $3600 per week. Opp. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. Unless you present convincing evidence proving you worked more workweeks than shown by Defendants records, your Individual Settlement Amount will be determined based on Defendants records. A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." 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. ECF No. Cal. 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 18. John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. Thus, Huddleston need not show that the Eastern District of California has the most substantial relationship to the dispute, Kirkpatrick v. Rays Group, 71 F. Supp. JCT leases facilities in Phoenix, Arizona, and Oklahoma City, Oklahoma. 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." The 'but for' test preserves the requirement that there be some nexus between the cause of action and the defendant's activities in the forum." Served on 03/25/2021. We have the right trucks, the right freight, the right people. Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). . 2d 1262, 1269 (W.D. Huddleston I, slip op. 4:20-CV-00638 | 2020-12-07, U.S. District Courts | Contract | SAFER Web - Company Snapshot JOHN CHRISTNER TRUCKING LLC - Transportation In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. 8. Who are the attorneys representing Plaintiff and the Class Members? 2011). [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. Our . Served on 03/12/2021. M/S Bremen, 407 U.S. at 18. Id. Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. JOHN CHRISTNER TRUCKING - 13 Photos - 19007 W Highway 33 - Yelp Co, 134 S.Ct. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. Schwarzenegger, 374 F.3d at 805. To do so, send a letter to the settlement administrator explaining the basis for your dispute and attach copies of the supporting evidence. Huddleston alleges in the Complaint that he "would regularly engage in JCT's business in various locations within this judicial district, including but not limited to Fresno, Stockton, Tulare, Newman, Turlock, Modesto, Merced, Madera, and Livingston." 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. 1391. Purposeful availment is not enough; the claims in this case must also arise out of FCT's contacts with California. 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." The ICOA's choice-of-law provision is narrower than the forum-selection clause. [21-5025] [Entered: 04/19/2021 04:25 PM], Docket[10822480] Attorney Ms. Michelle S. Lim for Thomas Huddleston admitted to the bar of this court. 5). Manner of Service: email. App. 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. CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. 2007) (citing Murphy, 362 F.3d at 1141; E.J. He also asserts that the power differential between himself and JCT, the inability to negotiate the contract, and his lack of advanced formal education all work to render the provision a product of overreaching. . Marine, 134 S. Ct. at 583. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). Murphy, 362 F.3d at 1140 (quoting M/S Bremen., 47 U.S. at 17). 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. Indeed, the list of pick-ups and drop-offs appended as Exhibit B to the Crowley Declaration shows that twelve of the twenty-five loads that JCT assigned to Huddleston had origin or destination points within the state of California. B. Ripoff Report | John Christner Truc Review - Internet, Internet The organization will now operate over . Join Our Community Today! "We are proud to partner with WorkAdvance and provide Tulsans with employment opportunities," said Angie Buchanan, vice president of Melton Truck Lines. Response date set to 04/14/2021 for Michelle S. Lim. More than 3,000 truck drivers were involved. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. P. 4(k)(1)(A). You pay about $1000 week for lease with good miles. Line, Inc. v. Wartsila N. NEW! 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. Change of Address Success - John Christner Truck Driver Settlement ECF No. For the foregoing reasons, the Court GRANTS IN PART Defendant's Motion To Dismiss Or, In The Alternative, To Transfer Venue, and ORDERS this case TRANSFERRED to the Northern District of Oklahoma for all further proceedings. Both groups are considered Class Members in this Notice. (FLSA Collective 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, (3) were classified as independent contractors, and (4) validly opted in to the FLSA collective on or before February 14, 2020 (FLSA Collective Members). This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. at 319. Have you been screwed by John Christner Trucking yet? The Court disagrees. The Court has not ruled on the merits of Plaintiffs claims or Defendants defenses. Huddleston v. John Christner Trucking, LLC: ERRATA/CORRECTION (Re: 269 CERT. at 13-14 (emphasis in original). Certificate of Interested Parties: No. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. 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." The Court applies federal law to the interpretation and enforcement of a forum-selection clause. England Case $37,800,000 Settlement Concluded; Refusal to Drive Unsafe Truck - Driver Awarded $55k; Franchisor's Non-competition Injunction Denied. July 12, 2013). All Rights Reserved. (10/24/19 Mot hrng & 12/09/20 Sched conf.). Huddleston v. John Christner Trucking, LLC
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