john christner trucking settlement

Mot. LaCross v. Knight Transportation, Inc., 95 F. Supp. OF INTERESTED PARTIES: n. Served on 03/12/2021. Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. When the parties' contract contains a forum selection clause, however, the "calculus changes" and district courts must adjust their usual Section 1404(a) analysis in three ways: (1) the plaintiff's choice of forum merits no weight; (2) arguments about the parties' private interests should not be considered; and (3) a 1404(a) transfer of venue "will not carry with it the original venue's choice-of-law rules." John Christner was great at first and then milege saving came to be the normal no matter the load and route drivers lose 100+ miles per load sometimes as high as 200. 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. Class Counsel will be paid from the Gross Settlement Amount of $9,250,000.00. Huddleston has also presented a prima facie case under the purposeful availment test. at 11-12. 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. You do not take home any money. Upon the date the Settlement becomes effective (Effective Date), all Class Participants release claims as follows against Defendant, and their present and former parent companies, subsidiaries, divisions, affiliates, successors, predecessors, related companies, and joint ventures, and each of their present and former officers, directors, shareholders, agents, employees, insurers, attorneys, accountants, auditors, advisors, representatives, consultants, administrators, trustees, general and limited partners, predecessors, successors and assigns (collectively, the Released Parties): In addition, all Class Participants expressly waive, as to the Released Claims stated above and based on or arising out of the same factual predicates of the Complaint, running through June 21, 2022, the provisions, rights, and benefits of California Civil Code 1542, which reads: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. Manner of Service: email. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. Id. John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. [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). Issued on 04/27/2021. 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 7. 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. 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 . No money will revert to Defendant. All Rights Reserved. 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. Served on 03/25/2021. John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. 2009) (called into question on other grounds by Narayan v. EGL, Inc., 616 F.3d 895, 899, 904 (9th Cir. 17-cv-02081-RS ("Huddleston I"), slip op. ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." 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. Adjust the GREEN FIELDS below. Huddleston I, slip op. The purposeful-direction requirement is satisfied. 2012). Robles v. Comtrak Logistics, Inc., No. If you are a Class Member, you may be entitled to receive money from a Settlement in this case, as described below. Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. That test requires showing that the defendant (1) has committed an intentional act; (2) expressly aimed at the forum state; (3) causing harm that the defendant knows is likely to be suffered in the forum state. 8. Who are the attorneys representing Plaintiff and the Class Members? at 297. 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." 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. 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. 2011). CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1080 (9th Cir. According to the complaint, Huddleston worked as an "owner-operator" for JCT until August 2016. Id. 2021-06-11, U.S. Courts Of Appeals | Other | CLAIRE V. EAGAN UNITED STATES DISTRICT JUDGE OPINION AND ORDER Now before the Court is Defendants John Christner Trucking, LLC and Three Diamond Leasing, LLC's Motion to Dismiss and Brief in Support (Dkt. Huddleston has submitted no evidence of court congestion particular to Oklahoma as opposed to California. A trucker has been awarded $500,000 after being unlawfully detained while making a 2019 delivery in California. See Piedmont Label Co. v. Sun Garden Packing Co., 598 F.2d 491, 496 (9th Cir. The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. Leaked News! John Christner Trucking adds 800 trucks to the Hirschbach fleet. 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." 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. Certificate of Interested Parties: No. Id. ECF No. 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." 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."). If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Issued on 04/27/2021. AB, 11 F.3d 1482, 1489 (9th Cir. at 581. [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. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], [10817921] Docketing statement filed by Thomas Huddleston. C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. This factor does not weigh in favor of a finding of unreasonableness. INTRODUCTION Christner Trucking was facing a class-action lawsuit. Huddleston v. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. 1998) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 518 (1974)) (emphasis in original). As such, the argument regarding fraud and overreaching fails. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . 2004) (internal citation and quotation marks omitted). 5:15CV81, 2016 WL 1559176, at *5 (W.D. Federal judges approved separate class certifications for divers in Oklahoma and California. Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). The second, known as "specific jurisdiction," exists where the litigation is derived from obligations that "arise out of or are connected with the [company's] activities within the state." Manner of Service: email. $246.4 M. Employees. [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. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. [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. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. Copyright 2023 Land Line Magazine & Land Line Now. Farm Credit W., PCA v. Lanting, No. Am., Inc., 485 F.3d 450, 457 (9th Cir. [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. 2d 1262, 1269 (W.D. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] 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. 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. "Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin." ECF No. Sep. 27, 2017). Id. Indeed, courts have found the requirements of specific personal jurisdiction satisfied where a shipping company contracts to ship goods from one state to a second state and a cause of action arises in a third state through which the goods were passing. Id. 1391. Opp. Each Class Participant (as described in Section 3) will receive a pro rata share of the Net Settlement Amount based on settlement shares assigned to them as described below. at 17. 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." [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. Once the plaintiff carries this burden, the defendant must come forward with a "compelling case" that the exercise of jurisdiction would not be reasonable. 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. . My experience working at John Christner Trucking was a good experience. Mahoney v. Depuy Orthopaedics, Inc., No. Levine v. Entrust Grp., Inc., No. 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. 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 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." 2010))). Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. John Christner Trucking has 500 employees. But after fuel. [21-5025] [Entered: 03/11/2021 03:45 PM]. England Case $37,800,000 Settlement Concluded; Refusal to Drive Unsafe Truck - Driver Awarded $55k; Franchisor's Non-competition Injunction Denied. (citing Iskanian for the proposition that representative PAGA claims may be brought in forums other than California state courts). 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. Schedule Monday - Friday 1:30pm - 10:30pm. Our . (Text Only - No Attachment). Cal. Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. The clause here is clearly marked; the section header is bolded, and the forum-selection provision is in capital letters. 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. However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." Co., Inc. v. U.S. Dist. ECF No. The settlement administrator will determine all Individual Settlement Amounts based on Defendants records of the weeks worked by Class Members. JCT was started in 1986 by the John Christner. 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. The forum-selection clause here, as discussed above, uses broader language that does cover claims brought "in connection with" the employment relationship, even if they do not rely on interpretation of the ICOA itself. Cal. 5) I. 10 ("Opp. 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. [Please open the Notice for important information.] Job Summary The Parts Coordinator is responsible for taking parts order, dealing one-on-one with mechanics and drivers. 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | B. Venue. 206, et seq. 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. 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. 2006)). The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. Christner said the company has seen continuous growth over the past two decades. Opp. We have the right trucks, the right freight, the right people. We've also provided a list of contacts should you have any questions. 3d at 1206 n.5 (holding that a representative PAGA claim could be litigated in Arizona federal courts); see also id. Current Outline Item. Both groups are considered Class Members in this Notice. Core-Vent Corp. v. Nobel Indus. Opp. Have you been screwed by John Christner Trucking yet? Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. Manner of Service: email. Now as a fleet of over 800 trucks, John has had the support of many throughout the years, including his two sons Danny & Darryl. Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. 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." See 28 U.S.C. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. Join Our Community Today! at *4. Make your practice more effective and efficient with Casetexts legal research suite. Don't miss out on our weekly happenings within our company! 2011). You will, have to pay for your own DOT physical and drug screen, your first settlement will be -$111.00(YES NEGATIVE), relay . 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." Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." 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. Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse. Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." 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. [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. The touchstone for asserting specific jurisdiction over a nonresident defendant is "the relationship among the defendant, the forum, and the litigation." JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. Dec. 6, 2012). 1993) holding modified by Yahoo! Reply at 6-8. Gallo Winery v. Andina Licores S.A., 440 F. Supp. Also, every "owner-operator" completes an orientation at those headquarters. op. A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." 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. Schwarzenegger, 374 F.3d at 805. ECF No. Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. RLM [Entered: 03/12/2021 04:57 PM], [10814509] Civil case docketed. 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. On average, employees at John Christner Trucking stay with the company for 2.3 years. Va. Apr. Court for W. Dist. 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. Click UPDATE at the bottom of the calculator. First name. 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." 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). ." So basically they give you older trucks with almost 500k miles. at 581. Instead, the federal circuit courts appear to agree that venue may be proper in multiple districts if a "substantial part" of the underlying events took place in each of those districts. 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 The purposeful direction test requires satisfaction of all three prongs of the Supreme Court's effects test from Calder v. Jones, 465 U.S. 783, 789-90 (1984). Marine, 134 S. Ct. at 583. . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Following redistribution, any unclaimed monies will be paid to Legal Services Corporation. The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. 3d 1199, 1206 n.4 (C.D. In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. Mot. We have the right trucks, the right freight, and the right people. Id. Hirschbach Motor Lines on Feb. 16 announced that it will acquire Sapulpa, Okla.-based refrigerated carrier John Christner Trucking. By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. Yahoo! at 319. Here you can view your weekly settlements, insurance and contracts. [21-5025] [Entered: 03/11/2021 03:45 PM], Dallas County Texas Courts | Personal Injury | If you fail to keep your address current, you may not receive your Individual Settlement Amount. 4th 348, 394 (2014) (internal quotation marks and citation omitted). By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Hirschbach builds national footprint through M&A (Photo: Hirschbach) Refrigerated carrier Hirschbach announced Wednesday the acquisition of John Christner Trucking (JCT). When venue is challenged, the court must determine whether the case falls within one of the three categories set out in the general venue statute, 28 U.S.C. 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. 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. The trucking company also contended that the state labor laws in Oklahoma, not California, govern the alleged employment relationship between Huddleston and John Christner Trucking. OF INTERESTED PARTIES: n. Served on 03/12/2021. Password (8+ characters) 4:21-CV-00132 | 2021-03-24, U.S. District Courts | Other | Served on 03/12/2021. Co., 417 F.3d at 357. Full-Time. Cal. Public-interest "factors will rarely defeat a transfer motion, [meaning that] the practical result is that forum-selection clauses should control except in unusual cases." A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. b. The settlement administrator will notify you of the decision on the dispute. 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." 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. Why one international organization is joining the fight. See also Narayan, 616 F.3d at 899; Quinonez v. Empire Today, LLC, No. Opp. 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.