at 17. (Filing fee $ 400, receipt number 0972-7154708) (Attachments: # 1 Civil Cover Sheet) (Cottrell, Carolyn) [Transferred from California Eastern on 9/28/2017.] Id. Marine, 134 S. Ct. at 581. Manner of Service: email. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. Management. John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. at 24. 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. This Notice explains your right to share in the monetary proceeds of this Settlement, exclude yourself (opt out) of the Settlement, or object to the Settlement. 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 claims in this lawsuit are brought under federal law, California law, and Oklahoma law. [21-5025] [Entered: 04/27/2021 08:32 AM], Docket[10823665] Minute order filed - Notice due that record is complete by 04/27/2021 for Mark C. McCartt, Clerk of Court (oclk). C. Forum-Selection Clause And 28 U.S.C. Inc., 223 F.3d 1082, 1088 (9th Cir. Id. Bancroft & Masters, Inc. v. Augusta Nat. In essence, the lawsuit alleges JCT made false representations about its lease purchase program and concealed material facts. Education among Chamber's priorities | | tulsaworld.com Cal. Dec. 6, 2012). C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. 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. You make about $3600 per week. [21-5025] [Entered: 04/19/2021 04:25 PM], [10822480] Attorney Ms. Michelle S. Lim for Thomas Huddleston admitted to the bar of this court. at 1125. Am., Inc., 485 F.3d 450, 457 (9th Cir. JCT responds that only three of the twenty-five loads that Huddleston performed had pick-ups or deliveries that took place within this district and that in any case, the classification decisions giving rise to this suit took place at JCT's corporate headquarters in Oklahoma and not in California at all. Last name. Core-Vent Corp. v. Nobel Indus. Cal. "), and JCT replied, ECF No. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. 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. Arising Out Of Forum-Related Activities. CV 05-4928-NM EX, 2006 WL 8074721, at *3 (C.D. ; all claims for deceptive and unfair trade practices under the Oklahoma Consumer Protection Act, 15 Okla. Stat. You may have received a Notice of Settlement (Notice) because you (1) previously completed a valid Opt-In Consent Form to join this case; or (2) the records of John Christner Trucking, LLC (Defendant) show you qualify as a member of the California Class and/or the Oklahoma Class as defined in Section 3. See also Kia Motors Am., Inc. v. MPA Autoworks, No. Christner said the company has seen continuous growth over the past two decades. Education funding and standards, certain business incentives, health care and transportation will be the lobbying priorities for the Tulsa Regional Chamber's OneVoice state legislative agenda this . 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). 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. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 464 (1985). Personal Jurisdiction. 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. Your written objection must state whether you will attend the Final Approval Hearing, and your written notice of your intention to appear at the Final Approval Hearing must be filed with the Court and served upon Class Counsel and Defendants counsel on or before Saturday, September 24, 2022. [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. 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 lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. Under the general venue statute, a civil action may be brought in: (1) a judicial district in which any defendant resides, if all defendants are residents of the state in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action. Popular Searches. Huddleston argues that his claims brought pursuant to the Private Attorney General Act ("PAGA") are of such a strong local nature that they should be litigated in California. Va. Apr. JCT Variable Lease John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. 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. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. No. Click UPDATE at the bottom of the calculator. The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. Parts Coordinator. As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. 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. (citing Iskanian for the proposition that representative PAGA claims may be brought in forums other than California state courts). 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. OF INTERESTED PARTIES: n. Served on 03/12/2021. 3d at 1206 n.5 (holding that a representative PAGA claim could be litigated in Arizona federal courts); see also id. SAFER Web - Company Snapshot JOHN CHRISTNER TRUCKING LLC - Transportation The Court has not ruled on the merits of Plaintiffs claims or Defendants defenses. at 294. In Shute v. Carnival Cruise Lines, the Ninth Circuit reasoned that "[t]he 'but for' test is consistent with the basic function of the 'arising out of requirementit preserves the essential distinction between general and specific jurisdiction. Served on 04/27/2021. Yahoo! Id. In support of its motion to dismiss, JCT submits, inter alia, a declaration from Shannon Crowley, Vice President of Risk Management. 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. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Mot. Civ. This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. John Christner Trucking LLC (Oklahoma Transport Company) 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." John Christner Trucking asked the court to deny certification because Huddleston has failed to demonstrate that Californias wage and hour laws apply to him or any other putative class member.. 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." 897 F.2d 377, 385 (9th Cir. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. "); Turner v. Syfan Logistics, Inc., No. 1391(b). Temperature-controlled carrier Hirschbach acquires John Christner Trucking Atl. First name. | All Rights Reserved. Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. Public Records Policy. B. Venue. 1391 (d). ECF No. JCT's setting employment policies and wages is an "intentional act" that satisfies the first prong, and applying them in the forum state likewise satisfies the third prong. The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. 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." Leaked News! JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. Huddleston has not met his burden of demonstrating that this is an "exceptional case" in which the Court should set aside a valid forum-selection clause. Huddleston does not argue that the Court could exercise general jurisdiction over JCT but contends that the Court does have specific jurisdiction over JCT. The DM speaks to their Drivers poorly and use profanity. 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. at 298. 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. 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. 206, et seq. Huddleston has submitted an affidavit outlining the "prohibitive" financial hardship associated with litigating this case in Oklahoma, Huddleston Decl. AB, 11 F.3d 1482, 1489 (9th Cir. 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. --------. Feb 17, 2022. 2015). Preliminary record filed. 801, et seq. 20-6072 | 2020-05-21. At John Christner Trucking, our primary focus is on truckload transportation, with an emphasis on temperature controlled products. 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. 10-1, Huddleston Decl. How will the Attorneys for the Class Members be paid? Our . it must be reasonable." Working at John Christner Trucking: 135 Reviews in US - Indeed Password (8+ characters) Thus, Huddleston need not show that the Eastern District of California has the most substantial relationship to the dispute, Kirkpatrick v. Rays Group, 71 F. Supp. [21-5025] [Entered: 03/11/2021 03:45 PM]. Manner of Service: email. 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."). 2004). 2021-11-03, U.S. District Courts | Personal Injury | Robles v. Comtrak Logistics, Inc., No. ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." Certificate of Interested Parties: Yes. 2d 1262, 1269 (W.D. Change of Address Success - John Christner Truck Driver Settlement 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. Danny Christner - Chief Executive Officer - John Christner Trucking A. 8:20-CV-00421 | 2020-10-14, U.S. District Courts | Contract | 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."). 1999), or that it is the "best" venue. John Christner Truck Driver Settlement - Huddleston s. John Christner See also Narayan, 616 F.3d at 899; Quinonez v. Empire Today, LLC, No. However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." Served on 03/25/2021. 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. Id. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. Hirschbach acquiring John Christner Trucking, creating reefer giant. JCT keeps all company records at its Oklahoma headquarters and dispatches drivers from there. Because the parties' private interests should not be considered, the district court may consider only arguments about public-interest factors. Sign up for our weekly newsletter today! C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. CERT. Hirschbach Motor Lines recently agreed to acquire John Christner Trucking (JCT), a refrigerated carrier based in Sapulpa, Oklahoma. 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." See id. Served on 03/12/2021. Lawrence J. O'Neill UNITED STATES CHIEF DISTRICT JUDGE MEMORANDUM DECISION AND ORDER RE DEFENDANT'S MOTION TO DISMISS FOR LACK OF JURISDICTION, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE (ECF NO. 3:21-CV-01669 | 2021-07-20, Dallas County District Courts | Personal Injury | 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. "Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin." (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. Jag Trucking Inc. Revenue. [21-5025] [Entered: 03/12/2021 05:19 PM], Docket[10814925] Entry of appearance submitted by Rachel Lawrence Mor, Michael J. Blaschke, Carolyn Hunt Cottrell, David C. Leimbach, Michelle S. Lim and Robert S. Boulter for Appellant Thomas Huddleston for court review. Who are the attorneys representing Defendant John Christner Trucking, LLC? Reply at 6-8. See Dole Food Co. v. Watts, 303 F.3d 1104, 1114 (9th Cir. And the best part of all, documents in their CrowdSourced Library are FREE! 5 ("Mot."). Apply today. 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. Manner of Service: email. 14-CV-05530-WHO, 2015 WL 899294, at *3-4 (N.D. Cal. 1995). Enforceability Of Forum-Selection Clause. Reply at 3. Plaintiff opposed, ECF No. Levine v. Entrust Grp., Inc., No. JCT contracted with Huddleston (a California resident) to pick up and drop off cargo in California, which is enough to satisfy the test. John Christner Trucking Team Truck Jobs | John Christner Trucking Gallo Winery v. Andina Licores S.A., 440 F. Supp. Here, in contrast, the forum-selection clause is not limiting any remedies that would otherwise be available to the government or removing the case from the courts completely; instead, it merely "alters which specific court will hear those claims." Understand also that this is a lease. 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. For Plaintiff and the FLSA Collective Members (i.e., individuals who previously completed a valid Opt-In Consent Form to join this case), the Released Claims also include any and all claims, known or unknown, under the FLSA, 29 U.S.C. Report this profile . 4:17-CV-06257 | 2017-10-29, U.S. District Courts | Personal Injury | John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. JCT argues that neither general nor specific personal jurisdiction exists here. With combined revenues expected to exceed $1 billion annually, the reefer conglomerate will operate more than 3,000 trucks and . Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. We've also provided a list of contacts should you have any questions. Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse.