LaCross, 95 F. Supp. John Christner Trucking, LLC, No. We are all in this together. 3d at 1207 n.6. Id. JCT's contacts with California are not mere happenstance resulting from Huddleston's incidental residence in the state independent of JCT's conduct. The purposeful-direction requirement is satisfied. 2015) (construing similar contract and holding that "while Plaintiffs' misclassification claims 'relate to' the ICOA (and thus trigger the forum-selection clause) they would likely not be governed by Arizona law, as only 'the agreement' itself is governed by such law"). 21% of John Christner Trucking employees are women, while 79% are men. 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. P. 4(k)(1)(A). While FLSA claims can arise in any state, JCT's decision to hire Huddleston, a California resident, to make pick-ups and drop-offs in California means that his claims arose, at least in part, there. Inc., 223 F.3d 1082, 1088 (9th Cir. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. Opp. Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." If you fail to keep your address current, you may not receive your Individual Settlement Amount. 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. (citing Carnival Cruise Lines, 499 U.S. at 595. (10/24/19 Mot hrng & 12/09/20 Sched conf.). Adjust the GREEN FIELDS below. 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 . 2011). The Court applies federal law to the interpretation and enforcement of a forum-selection clause. 12-CV-06133-LHK, 2014 WL 3962647, at *4 (N.D. Cal. 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. 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. Perry, 2011 WL 4080625, at *5. RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. Id. Served on 04/27/2021. 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." Marine, 134 S. Ct. at 584. Whether JCT violated the California Labor Code and Wage Orders will be answered not by looking to the ICOA but instead by the statutes and regulations governing Huddleston's claims. Reply at 6-8. "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." Id. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] 2012 WL 393614, at *1 (emphasis supplied). On average, employees at John Christner Trucking stay with the company for 2.3 years. Opp. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. Manner of Service: email. NEW! (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], [10817929] Acknowledgment of transcript order filed by Thomas Huddleston. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Attorney at Scopelitis Garvin Light Hanson & Feary, Attorney at Schneider Wallace Cottrell Konecky, Docket[10826612] On the court's own motion and pursuant to 10th Cir. of Tex., 134 S. Ct. 568, 579 (2013) (internal quotation omitted). 2d 204, 213 (W.D.N.Y. ECF No. First name. Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. 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. Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse. 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 . 9. Who are the attorneys representing Defendant John Christner Trucking, LLC? [21-5025] [Entered: 03/15/2021 11:58 AM], [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. Response date set to 04/14/2021 for Carolyn H. Cottrell. Enforceability Of Forum-Selection Clause. You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. John Christner 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. 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. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. at 582. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1080 (9th Cir. 0. C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. Plaintiff Thomas Huddleston brings this wage-and-hour putative class action lawsuit against defendant John Christner Trucking, LLC ("JCT"). Sign up for our weekly newsletter today! They say lease purchase but you have to lease for 5 yrs before u can own it. ECF No. Report this profile . 2007). 2d 1115, 1126 (E.D. "We are impressed with the customized technical . 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | 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). Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. IT IS SO ORDERED. Id. 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. 10 West Market Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 637-1777 Facsimile: (317) 687-2414 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. 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. John Christner Trucking is Seeking Lease Purchase Drivers and Owner Operators Solos Start at to $1.20 per Mile Teams Start at $1.25 per Mile John Christner Trucking Benefits: Solos Starts at to $1.20 per Mile Teams Start at $1.25 per Mile Fuel Surcharge paid on all miles - loaded and empty (Text Only - No Attachment). As such, the argument regarding fraud and overreaching fails. This is so, he argues, because the ICOA provides for the application of Oklahoma law, and under Oklahoma law, Huddleston does not meet the statutory definition of "employee" and does not qualify for the sorts of unwaivable statutory remedies to which he would otherwise be entitled under California law. 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 program. Hirschbach builds national footprint through M&A (Photo: Hirschbach) Refrigerated carrier Hirschbach announced Wednesday the acquisition of John Christner Trucking (JCT). Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). A forum-selection clause is "not unreasonable merely because of the parties' unequal bargaining power: it is enforceable if there is reasonable communication of the clause." Id. First, the forum-selection clause in Ronlake provided that the agreement "and all issues regarding the rights and obligations of the Members, the construction, enforcement and interpretation hereof . Cal. 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. Rowen v. Soundview Commc'ns, Inc., No. Served on 04/27/2021. C. 28 U.S.C. Huddleston has submitted an affidavit outlining the "prohibitive" financial hardship associated with litigating this case in Oklahoma, Huddleston Decl. Opp. Manner of Service: email. 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. "Although a FLSA claim for relief ostensibly arises from an employment contract, courts have likened FLSA claims to tort claims and have applied the purposeful direction standard." 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. 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. 5-3, Huddleston v. John Christner Trucking, LLC, No. See 28 U.S.C. 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." Proc. The original complaint alleged that truck drivers for John Christner Trucking often worked 70-100 hours per week while being paid less than $500. 20-610 | 2020-11-09, U.S. District Courts | Contract | 10-1, Huddleston Decl. OF INTERESTED PARTIES: n. Served on 03/12/2021. No. 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." If a defendant challenges the existence of personal jurisdiction, the plaintiff bears the burden of establishing the district court's personal jurisdiction over the defendant. Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. 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. op. INTRODUCTION The combined revenue of both companies will exceed $1. 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. at *4. Feb. 6, 2012). [a] forum [selection] clause should control absent a strong showing that it should be set aside." Iowa-based Hirschbach Motor Lines has acquired John Christner Trucking, a refrigerated carrier based in Sapulpa. 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. Gulf Ins. JOHN CHRISTNER TRUCKING, LLC, Defendant. 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 Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1073 (9th Cir. at 294. at 297. See Narayan v. EGL, Inc., 616 F.3d 895, 899 (9th Cir. Served on 03/24/2021. Issued on 04/27/2021. Murphy, 362 F.3d at 1140 (quoting M/S Bremen., 47 U.S. at 17). John Christner Trucking 19007 W Hwy 33 Internet United States of America. Certificate of Interested Parties: Yes. 1 : UPS Inc. Manner of Service: email. There are two kinds of personal jurisdiction that a court may exercise over an out-of-state defendant. According to Crowley, JCT does not own or lease any property in California, except for one drop yard it leases in Colton, California. 4:17-cv-00549-GKF-CDL). Christner got his start in trucking in the 1960s hauling produce from California and returning to the coast with juice or meat, and this is still the core of what JCT does today. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. 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." C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. 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). Plaintiff opposed, ECF No. (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . Compare Gonzalez v. Crete Carrier, Consequently, when evaluating a 1404(a) motion based on a forum-selection clause, a court should transfer, Full title:THOMAS HUDDLESTON, individually and on behalf of all others similarly, Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, In Huddleston, Chief Judge O'Neill of this district confronted a materially identical clause: "This Agreement shall be interpreted in accordance with, and governed by the laws of the United States and, of the State of Oklahoma.". Join Our Community Today! JCT also argues for transfer to the Northern District of Oklahoma pursuant to 28 U.S.C. Marcotte, 2014 WL 4477349, at *8 (quoting Besag v. Custom Decorators, Inc., No. Manner of Service: email. Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. Co., Inc. v. U.S. Dist. 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. 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. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. 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." ECF No. Id. Feb 17, 2022. 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. You will if you sign a lease! Why is this public record being published online? JCT is big enough to offer all you need to be successful but we're small enough to know you by name. ." Huddleston v. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. Though JCT's corporate documents and witnesses likely will be located in Oklahoma, Huddleston and other members of the California class likely will be located in California. Here you can view your weekly settlements, insurance and contracts. shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . [Please open the Notice for important information.] (citing Holliday, 2010 WL 3910143, at *4). 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." 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. For tax reporting purposes, all Individual Settlement Amounts will be reported on an U.S. Internal Revenue Service (IRS) 1099 Form. 897 F.2d 377, 385 (9th Cir. 1391. 12. 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. Thus, this factor is not at issue. See id. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. Full-Time. Core-Vent Corp. v. Nobel Indus. Submit. Cal. Id. [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. . This is an estimate of what your fixed expenses and variable expenses may be. Served on: 03/25/2021. Deductions from this amount will be made for attorneys fees and costs for Class Counsel (see Section 10 below), settlement administration costs (estimated to be $79,500.00); a service award in an amount not to exceed $25,000.00 to Plaintiff, Thomas Huddleston, for his service to the Class Members, and $75,000.00 to the California Labor and Workforce Development Agency (LWDA), which is 75% of the $100,000.00 the parties allocated to penalties associated with Plaintiffs claim under the California Private Attorneys General Act (PAGA).