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Id. 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. Hirschbach to Acquire John Christner Trucking | Transport Topics 10-1, Huddleston Decl. [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. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. 1998) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 518 (1974)) (emphasis in original). Id. If you have money saved in your account or money they owe you for loads you have delivered they will pay . 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." This matter is now ripe for review and is suitable for disposition without oral argument. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. 3, 2015). AB, 11 F.3d 1482, 1489 (9th Cir. As to the ICOA, he testifies that when he was in Oklahoma for orientation, he was told that the ICOA was nonnegotiable, was told that it was offered on a take-it-or-leave-it basis, and that the forum-selection clause and its effects were never explained to him. Id. The combined revenue of both companies will exceed $1 billion and will propel Hirschbach to be one of the nation's largest refrigerated carriers. The combined revenue of both companies will surpass $1 billion and propel . Atl. PAGA cases "function[] as a substitute for an action brought by the government itself." 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. Reply at 6-8. Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). "'[A] party challenging enforcement of a forum selection clause may not base its challenge on choice of law analysis.'" Mahoney v. Depuy Orthopaedics, Inc., No. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. 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. 5:16-CV-01221 | 2016-10-21, U.S. District Courts | Intellectual Property | App. Who are the attorneys representing Defendant John Christner Trucking, LLC? 5). This is an estimate of what your fixed expenses and variable expenses may be. Danny Christner - Chief Executive Officer - John Christner Trucking 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. . It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. Manner of Service: email. Murphy, 362 F.3d at 1140 (quoting M/S Bremen., 47 U.S. at 17). (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. . CERT. The purposeful-direction requirement is satisfied. Leaked News! John Christner Trucking Just Sold To Hirschbach - YouTube Report this profile . (10/24/19 Mot hrng & 12/09/20 Sched conf.). 2006). UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. Id. 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. ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." Weekly Settlement Deduction with JCT (John Christner Trucking) 4,877 views Jan 20, 2020 64 Dislike Share Save Trucking with Miss Tee 1.95K subscribers Deduction that will come out of your. Adjust the GREEN FIELDS below. Marine, 134 S. Ct. at 584. Pros. 1391. This prong may be satisfied by "purposeful availment of the privilege of doing business in the forum; by purposeful direction of activities at the forum; or by some combination thereof." On average, employees at John Christner Trucking stay with the company for 2.3 years. 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"). 20-6072 | 2020-05-21. The failure to submit a written objection as a prerequisite to appearing in court to object to the settlement may be excused upon a showing of good cause. Manner of Service: email. John Christner Trucking has 500 employees. Perry, 2011 WL 4080625, at *5. Huddleston "alleges that JCT contracts with California residents and instructs them (and others) to make pick-ups and drop-offs in California. 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. How will the Attorneys for the Class Members be paid? We have the right trucks, the right freight, and the right people. 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. We have the right trucks, the right freight, the right people. Served on 03/12/2021. Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. Netherland v. John Christner Trucking, L.L.C. (2:14-cv-00183 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." 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. Co. v. Glasbrenner, 417 F.3d 353, 356 (2d Cir. The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. [21-5025] [Entered: 04/20/2021 09:24 AM], Docket[10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. No. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. ECF No. Christner Trucking was facing a class-action lawsuit. Id. 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. RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. Id. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. 9. 2010))). The California resident claims he routinely. Ronlake v. US-Reports, Inc., No. In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. The original complaint alleged that truck drivers for John Christner Trucking often worked 70-100 hours per week while being paid less than $500. Because the parties' private interests should not be considered, the district court may consider only arguments about public-interest factors. Why one international organization is joining the fight. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Tenth Circuit. 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. 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. 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 See id. 71st St., Suite 200Tulsa, OK 74136Telephone: (918) 970-2000Facsimile: (918) 970-2002. 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. John Christner Trucking Team Truck Jobs | John Christner Trucking The policies at issue may have their origin in Oklahoma, but JCT's decision to purposefully direct its activities toward California and apply those policies in this forum give rise to specific personal jurisdiction. Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. 74] of the defendant, John Christner Trucking, LLC ("JCT"). Make your practice more effective and efficient with Casetexts legal research suite. This field is for validation purposes and should be left unchanged. Opp. 2011). JCT restricts all routes accross I-90 but if driver does not say anything about added miles to avoid JCT WILL NOT Pay them same as using I-70 west of Denver in winter. Please do not contact the court. "As a general matter, California courts will enforce adequate forum selection clauses that apply to non-waivable statutory claims, because such clauses do[ ] not waive the claims, they simply submit their resolution to another forum." 10. 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. ECF No. 8:20-CV-00421 | 2020-10-14, U.S. District Courts | Contract | This factor primarily concerns "where the witnesses and the evidence are likely to be located." Category: Trucking Companies. As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. ; statutory penalties, civil penalties under PAGA, California Labor Code 2699 et seq., all claims for constructive fraud and negligent misrepresentation; and all claims for unjust enrichment (Released Claims). Served on 03/24/2021. Last year's revenues were $185 million, and the company expects to reach $200 million this year. You make about $3600 per week. Defendant is represented by the following attorneys: Christopher J. EckhartAngela S. CashKaren B. ReisingerSCOPELITIS, GARVIN, LIGHT,HANSON & FEARY, P.C.10 West Market Street, Suite 1400Indianapolis, IN 46204Telephone: (317) 637-1777Facsimile: (317) 687-2414, Bobby L. Latham, Jr.James L. ColvinLATHAM WAGNER STEELE LEHMAN1515E. OF INTERESTED PARTIES: n. Served on 03/12/2021. LaCross v. Knight Transportation, Inc., 95 F. Supp. at 7. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. This website is designed and maintained by the Settlement Administrator for the lawsuit known as Huddleston v. John Christner Trucking, LLC . Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. The DM speaks to their Drivers poorly and use profanity. John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . 2006)). john christner trucking Inc. John Christner Trucking. The combined revenue of both companies will exceed $1. More than 3,000 truck drivers were involved. Response date set to 04/14/2021 for Michelle S. Lim. Co., Inc. v. U.S. Dist. Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." Have you been screwed by John Christner Trucking yet? You will if you Served on: 03/25/2021. (Text Only - No Attachment). See Atl. 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 . CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. This class action case was initiated by Robert Boulter and co-counsel in 2017 on behalf of driver Thomas Huddleston against Oklahoma based trucking giant John Christner Trucking (JCT) and arises out of its lease purchase 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. Popular Searches. John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. Cal. Iskanian v. CLS Transp. Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. The settlement administrator will determine all Individual Settlement Amounts based on Defendants records of the weeks worked by Class Members. 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. In re John Christner Trucking, LLC - casetext.com at 581. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. Click on the links below to download documents related to the Settlement. LaCross v. Knight Transportation, Inc., 95 F. Supp. Id. John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. 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. Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir. Training and Employment Center Opens in Tulsa 12 ("Reply"). Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse. 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."). Job Search | 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. RLM [Entered: 03/12/2021 04:57 PM], [10814509] Civil case docketed. 752, et seq. (Oklahoma Class Period). 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. 1y+ OTR Owner Operator - Seattle, WA - R.E. Garrison Trucking, Inc. 1990), rev'd on other grounds, 499 U.S. 585 (1991); see also Walden, 134 S. Ct. at 1121 ("For a State to exercise jurisdiction consistent with due process, the defendant's suit-related conduct must create a substantial connection with the forum State."). Long hours and little pay: Lawsuit claims local trucking company 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. Temperature-controlled carrier Hirschbach acquires John Christner Trucking The Court applies federal law to the interpretation and enforcement of a forum-selection clause. at *4. at 298. . 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. The Court disagrees. [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. Cal. John Christner Trucking, LLC, No. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], [10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Court for W. Dist. shall be governed by the provisions of the law in New York." at 11-12. A review of the distirct court docket shows transcripts ordered were already on file. By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. To be heard at the Final Approval Hearing you must also not opt out of the Settlement. 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. This factor does not weigh against transfer. Wash. 2005). Seventh, Oklahoma is available as an alternative forum. An award-winning journalist and former assistant news editor at The Topeka Capital-Journal, he brings fresh ideas, solid reporting skills, and more than two decades of journalism experience to our staff. 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. [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. Feb. 6, 2012). M/S Bremen, 407 U.S. at 18. 2007). International Shoe Co. v. Washington, 326 U.S. 310, 318 (1945). 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/. "The party challenging the clause bears a 'heavy burden of proof.'" 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. 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." Current Outline Item. 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." Schwarzenegger, 374 F.3d at 805. The deal will form one of the biggest temperature-controlled fleets in the nation at more than 3,000 trucks (800 at JCT), 5,000 trailers and total revenue exceeding $1 billion. The settlement administrator will notify you of the decision on the dispute. 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. . Classes approved in lawsuit against John Christner Trucking John Christner Trucking LLC (Oklahoma Transport Company) B. Venue. 11-cv-2009 (LJO)(MJS), 2012 WL 393614, at *4 (E. D. Cal. 2014) (citing Murphy, 362 F.3d at 1141). Web: www.johnchristner.com. JCT was started in 1986 by the John Christner. Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. All current and former individuals who provide transportation services for John Christner Trucking within the United States, who entered into an independent contractor operator agreement with JCT and entered into a lease agreement with either JCT or Three Diamond Leasing. Marine Const. 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. Issued on 04/27/2021. The court, however, "is obligated to draw all reasonable inferences in favor of the non-moving party and resolve all factual conflicts in favor of the non-moving party." JOHN CHRISTNER TRUCKING, LLC, Defendant. Mousavi v. John Christner Trucking, LLC - Casetext [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). John Christner Trucking The general venue statute does not authorize venue in a single district in which the most substantial part of the events or omissions giving rise to the claim occurred. 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. Iowa-based Hirschbach Motor Lines has acquired John Christner Trucking, a refrigerated carrier based in Sapulpa. 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 keeps all company records at its Oklahoma headquarters and dispatches drivers from there. Last name. Id. 1391(b). 21% of John Christner Trucking employees are women, while 79% are men. Fifth, the question of efficient judicial resolution is neutral. ECF No. 8. Who are the attorneys representing Plaintiff and the Class Members? IT IS SO ORDERED. 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 . Certificate of Interested Parties: No. CDL Solo and Team Truck Drivers - Hickory, PA - John Christner Trucking This factor does not weigh in favor of a finding of unreasonableness. 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. 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | Mot. Contact Who is John Christner Trucking, LLC Headquarters 19007 W Hwy 33, Sapulpa, Oklahoma, 74067, United States Phone Number (918) 227-1600 Website www.johnchristner.com Revenue $246.4M Industry Freight & Logistics Services Transportation Why is this public record being published online? (10/24/19 Mot hrng & 12/09/20 Sched conf.). Once the plaintiff carries this burden, the defendant must come forward with a "compelling case" that the exercise of jurisdiction would not be reasonable. (internal quotation marks omitted)). ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. 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. 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." Defendant is represented by the following attorneys: Christopher J. Eckhart Angela S. Cash Karen B. Reisinger SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C. Id. Dec. 6, 2012). [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. Id. Submit. 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021.