[21-5025] RLM [Entered: 03/25/2021 04:20 PM], [10817921] Docketing statement filed by Thomas Huddleston. Rowen v. Soundview Commc'ns, Inc., No. ECF No. One (1) settlement share for each FLSA Workweek. ECF No. LaCross, 95 F. Supp. Last name. The original complaint alleged that truck drivers for John Christner Trucking often worked 70-100 hours per week while being paid less than $500. Jag Trucking Inc. Revenue. 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.' FLSA Collective Members All current and former individuals who provide(d) transportation services for Defendant within the United States, between May 1, 2015 and June 21, 2022. He testifies in his declaration that litigating in Oklahoma would impose substantial travel costs, including airfare, rental cars, and hotel stays; that if he were to miss "any significant time away from work," his employer may withhold work or terminate his position entirely; and that being the primary wage-earner means that missed wages may threaten his ability to support his family. Manner of Service: email. 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. 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. It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. Inc., 223 F.3d 1082, 1088 (9th Cir. Id. Class Counsel will be paid from the Gross Settlement Amount of $9,250,000.00. 74] of the defendant, John Christner Trucking, LLC ("JCT"). 2012). Lease and other payments you end up with about $1000 on 3000 mile wk. [a] forum [selection] clause should control absent a strong showing that it should be set aside." Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. Marine, 134 S. Ct. at 584. Cases involving labor standard violations, Fair Labor Standards Act (FLSA) - 29 USC 201, [10826612] On the court's own motion and pursuant to 10th Cir. Manetti-Farrow, Inc. v. Gucci Am., Inc., 858 F.2d 509, 513 (9th Cir. In contract cases, courts generally apply the purposeful availment test, while in tort cases they use the purposeful direction analysis. As to plaintiff specifically, Crowley testifies that only three of Huddleston's twenty-five pick-ups or deliveries were in the Eastern District of California. at 6-7 (N.D. Cal. Id. 2011). GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. at 919. [21-5025] [Entered: 04/14/2021 04:43 PM], [10822463] Attorney Mr. David C. Leimbach for Thomas Huddleston admitted to the bar of this court. 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. gimme fonts See also Narayan, 616 F.3d at 899; Quinonez v. Empire Today, LLC, No. ECF No. Id. (Text Only - No Attachment). 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." at 581. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Preliminary record filed. 3d at 1206 n.5 (holding that a representative PAGA claim could be litigated in Arizona federal courts); see also id. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], [10817929] Acknowledgment of transcript order filed by Thomas Huddleston. 2011). And the best part of all, documents in their CrowdSourced Library are FREE! Where a forum-selection clause uses the phrases "arising under," "arising out of," or similar language, the clause is construed narrowly to cover only disputes "relating to the interpretation and performance of the contract itself." [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. 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. Cal. Cal. 410.10 (2004). Manner of Service: email. [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. Co. v. Glasbrenner, 417 F.3d 353, 356 (2d Cir. We can transport your goods at temperatures ranging anywhere from minus 20 degrees Fahrenheit to plus 90 degrees Fahrenheit and hold them at the temperature you specify. 2015); Robles, 2015 WL 1530510, at *4. 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. (Filing fee $ 400, receipt number 0972-7154708) (Attachments: # 1 Civil Cover Sheet) (Cottrell, Carolyn) [Transferred from California Eastern on 9/28/2017.] See Piedmont Label Co. v. Sun Garden Packing Co., 598 F.2d 491, 496 (9th Cir. Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. Hirschbach Motor Lines today announced the completion of the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. A trucker has been awarded $500,000 after being unlawfully detained while making a 2019 delivery in California. Still others have found that they are neither tort nor contract claims. 9. See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. Public Records Policy. We have the right trucks, the right freight, the right people. John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir. The DM speaks to their Drivers poorly and use profanity. Gallo Winery v. Andina Licores S.A., 440 F. Supp. According to the motion, relators and the real parties in interest, Michael Ladd, Christopher Ladd, and Stephen Bryson, as next friend of his minor son E.B., have reached a settlement agreement that will resolve their claims in the underlying lawsuit and the issues . John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. 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."). The combined revenue of both companies will surpass $1 billion and propel . In a case not involving a forum-selection clause, a district court considering a Section 1404(a) motion would evaluate both the convenience of the parties and various public interest considerations. at 8. (10/24/19 Mot hrng & 12/09/20 Sched conf.). 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. Proc. 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. This field is for validation purposes and should be left unchanged. B. Venue, Federal Rule of Civil Procedure 12(b)(3) authorizes motions to dismiss for improper venue. PAGA cases "function[] as a substitute for an action brought by the government itself." The forum-selection clause here provides that "any claim or dispute arising from or in connection with" the ICOA "shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma." 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." Narayan, 616 F.3d at 899; see Elijahjuan v. Superior Court, 210 Cal. 2000). 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. Report this profile . JCT is big enough to offer all you need to be successful but we're small enough to know you by name. Va. Apr. 2021-06-11, U.S. Courts Of Appeals | Other | He testifies in his declaration that "[m]uch" of his JCT-related work took place in California and that he drove "all over" the state, including making a "significant portion" of his pick-ups and drop-offs in the cities within this District listed in paragraph 18 of the Complaint. Id. Id. Discussion in 'Report A BAD Trucking Company Here' started by GipsySoul, Sep 26, 2012. Submit. 2021-11-03, U.S. District Courts | Personal Injury | Schedule Monday - Friday 1:30pm - 10:30pm. The touchstone for asserting specific jurisdiction over a nonresident defendant is "the relationship among the defendant, the forum, and the litigation." 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. See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. at 1138. 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. JCT argues that neither general nor specific personal jurisdiction exists here. Phone: 8003241900. Opp. at 24. Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. Manner of Service: email. Id. Core-Vent Corp. v. Nobel Indus. Enforceability Of Forum-Selection Clause. Iskanian v. CLS Transp. Am., Inc., 485 F.3d 450, 457 (9th Cir. Huddleston argues that just as the EEOC was not bound by an agreement to which it was not a party, the PAGA claims here belong to the state of California and therefore fall outside the ambit of the forum-selection clause. To be heard at the Final Approval Hearing you must also not opt out of the Settlement. In other words, while the "in connection with" language is broad enough to encompass Huddleston's misclassification claims and bring them under the umbrella of the forum-selection clause, the ICOA provides that Oklahoma law applies only to interpretation of the ICOA itself. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. 1998). Perry, 2011 WL 4080625, at *5. So basically they give you older trucks with almost 500k miles. 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. "'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." 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." 1404 And Forum-Selection Clause. Federal Rule of Civil Procedure 12(b)(2) authorizes motions to dismiss for lack of personal jurisdiction. Bancroft & Masters, Inc. v. Augusta Nat. "[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." 2006)). at 9. As such, the Class Participants understand and agree that they are providing the Released Parties with a full and complete release with respect to the Released Claims. Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. 2004) (internal citation and quotation marks omitted). 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." 5). DATE RECEIVED: 03/11/2021. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. Served on 03/24/2021. "'[A] party challenging enforcement of a forum selection clause may not base its challenge on choice of law analysis.'" First name. Click UPDATE at the bottom of the calculator. Certificate of Interested Parties: Yes. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Second, litigating in California would impose some burden on JCT, but because "modern advances in communications and transportation have significantly reduced the burden of litigating in another [jurisdiction]," Sinatra v. Nat'l Enquirer, Inc., 854 F.2d 1191, 1199 (9th Cir. at 297. 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. 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." Id. 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. 30-31, Ex. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. "We are impressed with the customized technical . The Court concludes that the forum selection clause of the ICOA is valid and enforceable. 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. 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. 1391. Sep. 27, 2017). Manner of Service: email. 752, et seq. Join Our Community Today! Farm Credit W., PCA v. Lanting, No. . Huddleston I, slip op. Federal judges approved separate class certifications for divers in Oklahoma and California. shall be governed by the provisions of the law in New York." All Rights Reserved. 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." Opp. Served on 03/24/2021. 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. 5) I. No further written . 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. ." "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." 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. 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. John Christner Trucking, LLC, No. While the contracts will likely be used as evidence to prove or disprove the statutory claims, the claims do not arise out of the contract, involve the interpretation of any contract terms, or otherwise require there to be a contract."). Id. 4:17-CV-06257 | 2017-10-29, U.S. District Courts | Personal Injury | This rating has decreased by -4% over the last 12 months. Served on 03/24/2021. Because the parties' private interests should not be considered, the district court may consider only arguments about public-interest factors. Atlantic Marine Const. See 28 U.S.C. 2006). # 9). [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. If you have money saved in your account or money they owe you for loads you have delivered they will pay . The organization will now operate over . A review of the distirct court docket shows transcripts ordered were already on file. . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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."). No money will revert to Defendant. 5:16-CV-01221 | 2016-10-21, U.S. District Courts | Intellectual Property | 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. Response date set to 04/14/2021 for David C. Leimbach. Bringing your own truck, you enjoy all of our great benefits (you''re responsible for your 2290). Plaintiff Thomas Huddleston brings this wage-and-hour putative class action lawsuit against defendant John Christner Trucking, LLC ("JCT"). . Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. This factor does not weigh against transfer. Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. The California resident claims he routinely. The lawsuit also claimed that it wasn't uncommon for drivers to receive negative paychecks. 2011). The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. See Local Rule 230(g). Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. Certificate of Interested Parties: No. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. (Oklahoma Class Period). JCT Logistics Team Executive Team VP of Brokerage Operations Cory J. Manzi Direct: 918-347-2370 corymanzi@jctlogistics.com VP of Account Management Dustin Byrd Direct: 918-347-2344 dustinbyrd@jctlogistics.com LEADERSHIP TEAM East Loren Benjar Direct: 918-347-2353 LorenBenjar@jctlogistics.com Central Hilda Aviles Direct: 918-347-2372 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. [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. "); Turner v. Syfan Logistics, Inc., No. 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. "Even though the defendant's headquartersfrom which the challenged policies originatedwere located outside of California, jurisdiction was still proper based on the application of the policies to the company's activities in this state." CERT. 0. 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. Gulf Ins. Huddleston v. John Christner Trucking, LLC, 1:17-cv-00925-LJO-SAB (E.D. (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . 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. Management. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199 (9th Cir. Huddleston v. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. OF INTERESTED PARTIES: y. . [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. 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.