Join to connect John Christner Trucking, LLC. Personal Jurisdiction. Issued on 04/27/2021. Make your practice more effective and efficient with Casetexts legal research suite. 0. C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. The California Supreme Court has likened PAGA actions to qui tam actions in that a representative plaintiff brings an action "as the proxy or agent of the state's labor enforcement agencies, representing the same legal right and interest as those agencies and seeking statutory civil penalties that otherwise would be sought by those agencies." Marine, 134 S. Ct. at 583. Apr. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. 10 ("Opp. The test's first prong encompasses both purposeful direction and purposeful availment. JCT was started in 1986 by the John Christner. CERT. (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. Opp. 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. Certificate of Interested Parties: Yes. Report this profile . They say lease purchase but you have to lease for 5 yrs before u can own it. 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. 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. PAGA cases "function[] as a substitute for an action brought by the government itself." 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. Pros. 2005) (collecting cases from various federal courts of appeals). Select SOLO DRIVER or TEAM DRIVER. Therein, he states that he is a resident of California and that much of his work activity took place in California. . The party opposing enforcement of the forum selection clause on the grounds of fraud or overreaching "must show that the inclusion of the clause itself into the agreement was improper; it is insufficient to allege that the agreement as a whole was improperly procured." The most common ethnicity at John Christner Trucking is White (66%), followed by Hispanic or Latino (11%) and Black or African American (10%). Hirschbach Motor Lines on Feb. 16 announced that it will acquire Sapulpa, Okla.-based refrigerated carrier John Christner Trucking. Mot. John Christner Trucking has 500 employees. Gulf Ins. Last year's revenues were $185 million, and the company expects to reach $200 million this year. "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." Public Records Policy. This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. Do yourself a favor and keep looking. 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. [Please open the Notice for important information.] Leaked News! at 581. 2d 1115, 1126 (E.D. Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. 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 court granted class certification for: All current and former individuals, to the extent they performed transportation services for John Christner Trucking within California, who entered into an independent contractor operator agreement with JCT, entered into a lease agreement with either JCT or Three Diamond Leasing, and were classified as independent contractors. Thumbnails Document Outline Attachments Layers. C 12-03959 WHA, 2012 WL 6087399, at *4 (N.D. Cal. John Christner Trucking - Inc. John Christner Trucking LLC. Cancellation and Refund Policy, Privacy Policy, and Id. GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. 9. 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). Bancroft & Masters, Inc. v. Augusta Nat. NEW! The first, known as "general jurisdiction," exists if the defendant's contacts with the forum are "so substantial and of such a nature as to justify suit against it on causes of action arising from dealings entirely distinct from those activities." The combined revenue of both companies will surpass $1 billion and propel . Atl. 5 ("Mot."). Cal. Robles v. Comtrak Logistics, Inc., No. 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. See Atl. "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." Huddleston v. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. AB, 11 F.3d 1482, 1489 (9th Cir. Defendant further denies that it misled any Class Member about its lease operator program. JCT is big enough to offer all you need to be successful but we're small enough to know you by name. "We are impressed with the customized technical . The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. It is well established that the Fourteenth Amendment's Due Process Clause limits the power of a court to exercise jurisdiction over out-of-state defendants who do not consent to jurisdiction. Mot. 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." It also leases "drop yards" in locations throughout the United States, which are used for parking and staging trailers. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. The Court has not ruled on the merits of Plaintiffs claims or Defendants defenses. 10-1, Huddleston Decl. 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. 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. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], [10817929] Acknowledgment of transcript order filed by Thomas Huddleston. 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. See Local Rule 230(g). M/S Bremen, 407 U.S. at 18. [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. A former safety manager for a California company has been sentenced to probation for a conspiracy involving the illegal repair of cargo tanks. 8:20-CV-00421 | 2020-10-14, U.S. District Courts | Contract | Co., 417 F.3d at 357. JCT argues that because it is an Oklahoma corporation that holds its driver orientations in Oklahoma and bases its drivers' compensation on miles traveled nationwide, not merely in California, it "never directed its actions at California," and the second prong is left unsatisfied. 2011). Every dime goes to the truck. M/S Bremen, 407 U.S. at 1. Manner of Service: email. Preliminary record filed. "The party challenging the clause bears a 'heavy burden of proof.'" Manner of Service: email. 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 C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. [21-5025] [Entered: 03/11/2021 03:45 PM]. 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. Hirschbach, based in Dubuque, Iowa, is a privately owned carrier . None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. ." Huddleston seeks to represent other "owner-operators" in a collective action under the Fair Labor Standards Act ("FLSA") and class actions under California and Oklahoma law. It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. [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 lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. 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. See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. 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." 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. 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. We've also provided a list of contacts should you have any questions. 3:21-CV-01669 | 2021-07-20, Dallas County District Courts | Personal Injury | 3d 1199, 1207 (C.D. Id. at 20. On average, employees at John Christner Trucking stay with the company for 2.3 years. 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. 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. Wash. 2005). 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." RLM [Entered: 03/12/2021 04:57 PM], [10814509] Civil case docketed. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. Opp. ICOA 23. Cal. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. 10-cv-02049 (WHA), 2010 WL 4569873, at *2-3 (N. D. Cal. 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. Opp. 7. Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. [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. JCT also argues for transfer to the Northern District of Oklahoma pursuant to 28 U.S.C. 1404. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. Management. 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." 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. Served on 03/25/2021. John Christner Trucking insights Based on 104 survey responses Areas for improvement Fair pay for job Trust in colleagues Sense of belonging One of the worst company to work for trcuk driver (Former Employee) - Sapulpa, OK - September 7, 2020 Attention attention avoid this company at all cost. . Updated May 4, 2022. Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. Am., Inc., 485 F.3d 450, 457 (9th Cir. 8. Who are the attorneys representing Plaintiff and the Class Members? CERT. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], [10825412] Filed notice record is complete. 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."). 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. 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. The Court disagrees. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. 10 West Market Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 637-1777 Facsimile: (317) 687-2414 . 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. Served on 04/27/2021. 4:17-CV-06257 | 2017-10-29, U.S. District Courts | Personal Injury | at 8. Huddleston Decl. JCT Media Center. The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . Reply at 3. The opinion in Waffle House was fairly narrow and distinguishable from the facts here. 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. 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. Id. (Text Only - No Attachment). COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." Phone: 8003241900. The state of California may have an interest in the outcome of this dispute, but that interest is not so overwhelming or unusual that this should be an exception to the general rule that a valid forum-selection clause should be honored. Rowen v. Soundview Commc'ns, Inc., No. The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. OF INTERESTED PARTIES: y. 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. at 7. 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: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." Federal judges approved separate class certifications for divers in Oklahoma and California. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. Response date set to 04/14/2021 for David C. Leimbach. This factor does not weigh against transfer. . 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. This field is for validation purposes and should be left unchanged. (citing Holliday, 2010 WL 3910143, at *4). Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). 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." . Id. at 8. 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. 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. 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. C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. It is unlawful for Defendant to take any adverse action against you as a result of your participation in this Settlement. The combined revenue of both companies will exceed $1. Arising Out Of Forum-Related Activities. You will if you sign a lease! The settlement administrator will notify you of the decision on the dispute. DATE RECEIVED: 03/11/2021. Co. v. Glasbrenner, 417 F.3d 353, 356 (2d Cir. Marine, 134 S. Ct. at 581. Holliday, 2010 WL 3910143, at *3-*4. [a] forum [selection] clause should control absent a strong showing that it should be set aside." Following redistribution, any unclaimed monies will be paid to Legal Services Corporation. When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. Aug. 13, 2014). Rather, "for venue to be proper, significant events or omissions material to the plaintiff's claim must have occurred in the district in question, even if other material events occurred elsewhere."
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