The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. The organization will now operate over . 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. "The party challenging the clause bears a 'heavy burden of proof.'" DECLARATION OF KAREN BUTLER REISINGER RE DEFENDANT'S CLASS ACTION FAIRNESS ACT SETTLEMENT NOTICE by John Christner Trucking, LLC (With attachments) (Reisinger, Karen) (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. Hirshbach buys John Christner Trucking, boosts its reefer carrier ranking Bringing your own truck, you enjoy all of our great benefits (you''re responsible for your 2290). 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 The Court concludes that the forum selection clause of the ICOA is valid and enforceable. The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. Job Summary The Parts Coordinator is responsible for taking parts order, dealing one-on-one with mechanics and drivers. "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." See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. Manner of Service: email. JCT has not met its burden of showing that this Court's exercise of specific jurisdiction would be unreasonable. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. Purposeful availment is not enough; the claims in this case must also arise out of FCT's contacts with California. A trucker has been awarded $500,000 after being unlawfully detained while making a 2019 delivery in California. C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. Although the ICOA "will likely be used as evidence" to support Huddleston's statutory claims, his "claims do not arise out of the contract, involve the interpretation of any contract terms, or otherwise require there to be a contract" in the first place. Id. The classes consist of more than 3,000 truck drivers in the California Work Class and the Oklahoma class. DATE RECEIVED: 03/11/2021. When a case concerns enforcement of a forum-selection clause, 1404(a) provides a mechanism for its enforcement and "a proper application of section 1404(a) requires that a forum-selection clause be given controlling weight in all but the most exceptional cases." John Christner Trucking, LLC, N.D. Oklahoma (Case No. Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). We have the right trucks, the right freight, the right people. Id. (Oklahoma Class Period). Every dime goes to the truck. The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. Popular Searches. 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. 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. The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. Manner of Service: email. California's labor laws "are part of a broad regulatory policy defining the obligations" of employers "without regard to the substance of [their] contractual obligations." Click UPDATE at the bottom of the calculator. Atlantic Marine Const. Served on: 03/25/2021. The combined revenue of both companies will exceed $1. Team Leader in Settlement Services #219682 - linkedin.com at 8. Pros. John Christner Trucking - Inc. John Christner Trucking LLC. 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. [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. According to Crowley, JCT does not own or lease any property in California, except for one drop yard it leases in Colton, California. at 298. 1. approve of John M Christner's performance Founded 1986 Company size 1001 to 5,000 Revenue $100M to $500M (USD) Industry Transportation & Logistics Headquarters Sapulpa Oklahoma, United . The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. [21-5023, 21-5025] [Entered: 03/25/2021 08:56 AM], [10817559] Entry of appearance filed by Adam Carl Smedstad, James Anthony Eckhart, Mrs. Angela Stemle Cashand Christopher Eckhart for John Christner Trucking, LLC. Company Contact Info John Christner Trucking LLC 19007 W Highway 33 Sapulpa, OK 74066 918-227-1600 918-248-3085 Cargo Hauled by John Christner Trucking LLC Fresh Produce General Freight Meat Refrigerated Food Can Defendant retaliate against me for participating in this Settlement? 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. Id. --------. ECF No. at 8. Fill out the form below to receive a free and confidential initial consultation. Finally, one place to get all the court documents we need. LaCross v. Knight Transportation, Inc., 95 F. Supp. 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." John Christner Trucking, LLC, No. JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. John Christner Trucking adds 800 trucks to the Hirschbach fleet. 14-CV-05530-WHO, 2015 WL 899294, at *3-4 (N.D. Cal. CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. Federal Rule of Civil Procedure 12(b)(2) authorizes motions to dismiss for lack of personal jurisdiction. Id. Co., 417 F.3d at 357. [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. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). Ronlake v. US-Reports, Inc., No. 3d 1199, 1207 (C.D. 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. 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. Atl. A. 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. 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. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Huddleston has submitted no evidence of court congestion particular to Oklahoma as opposed to California. Richards v. Lloyd's of London, 135 F.3d 1289, 1297 (9th Cir. July 12, 2013). [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] 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 Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). 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 Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. CDL Solo and Team Truck Drivers - Hickory, PA - John Christner Trucking So basically they give you older trucks with almost 500k miles. 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/. In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. # 9). at 7. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. Joint Stipulation of Settlement Agreement and Release of Class and Collective Action, This website is designed and maintained by the Settlement Administrator for thelawsuit known as, Huddleston v. John Christner Trucking, LLC, Joint Stipulation of Settlement and Release of Class and Collective Action, All papers filed by Class Counsel to obtain preliminary and final approval of the Settlement Agreement. The Court held that an arbitration agreement to which the EEOC was not a party could not limit the remedies otherwise granted to the EEOC by statute, which not only had the authority to pursue independent actions in court for Title VII violations but, in the context of the suit, also had "exclusive authority over the choice of forum and the prayer for relief once a charge has been filed." shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . This Settlement is a compromise and is not an admission of liability on the part of Defendant. 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. CERT. This field is for validation purposes and should be left unchanged. 2005) (collecting cases from various federal courts of appeals). C. 28 U.S.C. 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 . Good lease to make money. Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. Huddleston does not exclusively bring California claims; the Complaint also contains four causes of action under Oklahoma law, and in any case, "federal judges routinely apply the law of a State other than the State in which they sit." See Fed. 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. 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 argues that neither general nor specific personal jurisdiction exists here. 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. 5-1, Crowley Decl. at 919. Atl. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1080 (9th Cir. 2000). In contract cases, the Ninth Circuit inquires whether a defendant "purposefully avails itself of the privilege of conducting activities" or "consummate[s] [a] transaction" in the forum, focusing on activities such as delivering goods or executing a contract. 9. Id. Served on 04/27/2021. (Text Only - No Attachment). Cal. 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. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. Huddleston has failed to provide any evidence that the Contract's terms regarding forum selection were not clearly communicated in the ICOA or that the inclusion of the forum selection clause was the product of fraud or overreaching. Iskanian v. CLS Transp. shall be governed by the provisions of the law in New York." "'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." at 11-12. Fifth, the question of efficient judicial resolution is neutral. The settlement administrator will notify you of the decision on the dispute. JOHN CHRISTNER TRUCKING, LLC, Defendant. 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. They say lease purchase but you have to lease for 5 yrs before u can own it. Certificate of Interested Parties: Yes. Cal. To calculate your estimated compensation package at JCT: Select OWNER OPERATOR or LEASE PURCHASE. 30-31, Ex. "We are proud to partner with WorkAdvance and provide Tulsans with employment opportunities," said Angie Buchanan, vice president of Melton Truck Lines. 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. When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. CDL Solo and Team Truck Drivers - Granville, PA - John Christner Trucking Defendant is represented by the following attorneys: Christopher J. Eckhart Angela S. Cash Karen B. Reisinger SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C. 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."). M/S Bremen, 407 U.S. at 18. This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. Long hours and little pay: Lawsuit claims local trucking company The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. 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. JCT argues that the centerpiece of Huddleston's complaint is the Fair Labor Standards Act ("FLSA"), which set nationwide standards, and because Huddleston performed long-haul truck-driving services throughout the country, the FLSA claims "could have arisen whether he was a resident of California, Connecticut, Colorado, or any other state in the country." 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." Atl. John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. 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. 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. Apply today. Cal. Id. Id. See Leroy v. Great W. United Corp., 443 U.S. 173, 180 (1979) ("The question of personal jurisdiction, which goes to the court's power to exercise control over the parties, is typically decided in advance of venue, which is primarily a matter of choosing a convenient forum."). Silver Valley Partners, LLC v. De Motte, 400 F. Supp. M/S Bremen, 407 U.S. at 1. Cal. Opp. Id. Plaintiff and Class Participants should consult with their own tax advisors concerning the tax consequences of the Settlement based on their Individual Settlement Amount. 752, et seq. Manner of Service: email. Why is this public record being published online? Id. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. 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. Attorney Cottrell, Carolyn H. added. 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." 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. 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. Schwarzenegger, 374 F.3d at 805. John Christner Truck Driver Settlement - Huddleston s. John Christner I would still be there if I were able to still be there. Line, Inc. v. Wartsila N. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. ECF No. The Court begins its analysis with JCT's challenge to personal jurisdiction. (citing Iskanian for the proposition that representative PAGA claims may be brought in forums other than California state courts). op. 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 [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. C. Forum-Selection Clause And 28 U.S.C. Christner Trucking was facing a class-action lawsuit. Huddleston does not argue that the Court could exercise general jurisdiction over JCT but contends that the Court does have specific jurisdiction over JCT. But after fuel. Leaked News! Working At John Christner Trucking: Employee Reviews and Culture - Zippia Id. Your decision as to whether or not to participate in this Settlement will in no way affect your work or relationship with Defendant or future work or relationship with Defendant. John Christner Trucking, L.L.C. Response date set to 04/14/2021 for Michelle S. Lim. 1404 and the forum-selection clause. Served on 03/24/2021. A former safety manager for a California company has been sentenced to probation for a conspiracy involving the illegal repair of cargo tanks. 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. 2004). Mot. Ripoff Report | John Christner Truc Review - Internet, Internet The Court disagrees. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. 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 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."