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5:20-CV-00915 | 2020-09-11, U.S. Courts Of Appeals | Civil Right | 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. Am., Inc., 485 F.3d 450, 457 (9th Cir. Id. 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. 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. The purposeful-direction requirement is satisfied. 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. "No one factor is dispositive; a court must balance all seven." If you wish to object to the Settlement but fail to return your timely written objection in the manner specified above, you shall be deemed to have waived any objection and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement. C 12-03959 WHA, 2012 WL 6087399, at *4 (N.D. Cal. Marine, 134 S. Ct. at 581. 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." LaCross v. Knight Transportation, Inc., 95 F. Supp. See Dole Food Co. v. Watts, 303 F.3d 1104, 1114 (9th Cir. 1391(b). "We are proud to partner with WorkAdvance and provide Tulsans with employment opportunities," said Angie Buchanan, vice president of Melton Truck Lines. He testifies in his declaration that litigating in Oklahoma would impose substantial travel costs, including airfare, rental cars, and hotel stays; that if he were to miss "any significant time away from work," his employer may withhold work or terminate his position entirely; and that being the primary wage-earner means that missed wages may threaten his ability to support his family. Because California's long-arm statute allows the exercise of personal jurisdiction to the full extent permissible under the U.S. Constitution, the question here is whether assertion of personal jurisdiction over JCT comports with the limits imposed by federal due process. | All Rights Reserved. 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 . 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. 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. 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."). They say lease purchase but you have to lease for 5 yrs before u can own it. 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. [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. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. 0. [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). Id. 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. 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. 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. [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). Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. In determining whether jurisdiction is reasonable, courts consider seven factors: (1) the extent of a defendant's purposeful interjection into the forum; (2) the burden on the defendant in defending in the forum; (3) the extent of conflict with the sovereignty of the defendant's state; (4) the forum state's interest in adjudicating the dispute; (5) the most efficient judicial resolution of the dispute; (6) the importance of the forum to the plaintiff's interest in convenient and effective relief; and (7) the existence of an alternative forum. 11-cv-2009 (LJO)(MJS), 2012 WL 393614, at *4 (E. D. Cal. 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. Served on: 03/25/2021. 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. The plaintiff bears the burden of satisfying the first two prongs of the test. 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." 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. July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. 7. Gallo Winery v. Andina Licores S.A., 440 F. Supp. Code Ann. John Christner Trucking adds 800 trucks to the Hirschbach fleet. This Settlement is a compromise and is not an admission of liability on the part of Defendant. The Court applies federal law to the interpretation and enforcement of a forum-selection clause. "); Turner v. Syfan Logistics, Inc., No. See Fed. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Enforceability Of Forum-Selection Clause. Feb. 6, 2012). This is an estimate of what your fixed expenses and variable expenses may be. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). The Released Claims include, but are not limited to, all wage and hour claims, whether known or unknown, at law or in equity, which Plaintiff and the Class Members may now have or may have as of the execution of the Joint Stipulation of Settlement and Release of Class and Collective Action under the wage orders of the California Industrial Welfare Commission, or other federal, state, or local law, claims for penalties under California Private Attorneys General Act, all claims for failure to pay minimum wages under California law, all claims for failure to pay for all hours worked under California law, all claims for failure to authorize and permit and/or make available meal and rest periods pursuant to the California Labor Code (Labor Code), all claims for failure to reimburse for necessary business expenses under Labor Code 2802, all claims for failure to maintain proper payroll records under Labor Code 1174, all claims for failure to provide accurate itemized wage statements under Labor Code 226, all claims regarding coerced purchases under Labor Code 450, all claims regarding willful misclassification under Labor Code 226.8, all claims for waiting time penalties under Labor Code 201-204, all claims for unlawful business practices under the California Business and Professions Code 17200, et seq., all claims for the unlawful sale of business opportunities under the Oklahoma Business Opportunity Sales Act, 71 Okla. Stat. (Filing fee $ 400, receipt number 0972-7154708) (Attachments: # 1 Civil Cover Sheet) (Cottrell, Carolyn) [Transferred from California Eastern on 9/28/2017.] 12. 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). Id. The opinion in Waffle House was fairly narrow and distinguishable from the facts here. 801, et seq. The California resident claims he routinely. Discussion in 'Report A BAD Trucking Company Here' started by GipsySoul, Sep 26, 2012. 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. Holland Am. at 581. According to the complaint, Huddleston worked as an "owner-operator" for JCT until August 2016. 2014) (citing Murphy, 362 F.3d at 1141). The 19 causes of action in the lawsuit: The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. The organization will now operate over . [21-5025] [Entered: 03/11/2021 03:45 PM], Dallas County Texas Courts | Personal Injury | 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 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." 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. [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. We've also provided a list of contacts should you have any questions. Manner of Service: email. . Cal. If you do not agree with these terms, then do not use our website and/or services. 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. Third, JCT does not contest that the exercise of jurisdiction would conflict with the sovereignty of Oklahoma, its state of domicile, though the Court notes that the bulk of Huddleston's claims are brought under California state law, and the FLSA analysis will be the same in either California or Oklahoma. Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. 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. Co. v. Glasbrenner, 417 F.3d 353, 356 (2d Cir. If you would like additional information or have any non-legal questions, please contact the Huddleston v. JCT Settlement Administrator: Huddleston v. JCT SettlementAdministratorP.O Box 10269Tallahassee, FL 32302-2269 claims@ssiclaims.com(855) 458-3918, This website is designed and maintained by the Settlement Administrator for thelawsuit known as Huddleston v. John Christner Trucking, LLC. [21-5025] [Entered: 03/12/2021 05:19 PM], [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. . Driver Resources | John Christner Trucking Driver Resources Welcome JCT Drivers This page is dedicated to keeping you up to date with the latest JCT info. Parts Coordinator. Join to connect John Christner Trucking, LLC. John Christner Trucking, LLC, No. 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." The plaintiff need only make a prima facie showing of jurisdiction to defeat the motion to dismiss, but "may not simply rest on the bare allegations of the complaint." [Please open the Notice for important information.] 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 . John Christner Trucking - Inc. John Christner Trucking LLC. Atl. Marcotte v. Micros Sys., Inc., No. You may also withdraw your objection in writing by mailing a withdrawal statement to the Court and counsel for the parties postmarked no later than Monday, October 17, 2022, orally at the Final Approval Hearing, or as otherwise ordered by the Court. Mot. This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. 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." 1. Who are the attorneys representing Defendant John Christner Trucking, LLC? 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). 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. 4:21-CV-00132 | 2021-03-24, U.S. District Courts | Other | John Christner Trucking, L.L.C. "[U]ncontroverted allegations must be taken as true, and conflicts between parties over statements contained in affidavits must be resolved in the plaintiff's favor." ECF No. Can Defendant retaliate against me for participating in this Settlement? You pay about $1000 week for lease with good miles. ECF No. 2d 1262, 1269 (W.D. The lawsuit also claimed that it wasn't uncommon for drivers to receive negative paychecks. [21-5025] [Entered: 04/19/2021 04:25 PM], Docket[10822480] Attorney Ms. Michelle S. Lim for Thomas Huddleston admitted to the bar of this court. Preliminary record filed. 12, which he asserts is substantial enough that he "may not be able to maintain his claim if forced to do so in Oklahoma," Opp. # 9). 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 . JCT leases facilities in Phoenix, Arizona, and Oklahoma City, Oklahoma. Under California's long-arm statute, courts may exercise personal jurisdiction "on any basis not inconsistent with the Constitution of this state or of the United States." Cal. A federal judge in Oklahoma approved separate class certifications for more than 3,000 truck drivers in a misclassification lawsuit against John Christner Trucking. at 581 n.6 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 241 n.6 (1981) (internal quotation marks omitted)). Id. Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. Leaked News! 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. See 28 U.S.C. CERT. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], [10825412] Filed notice record is complete. 3d at 1207 n.6. Web: www.johnchristner.com. 1404. To do so, send a letter to the settlement administrator explaining the basis for your dispute and attach copies of the supporting evidence. As it is his burden to show the public interest factors weigh in his favor, he has failed to meet his burden as to this public interest factor. (10/24/19 Mot hrng & 12/09/20 Sched conf.). Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. Updated May 4, 2022. 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. --------. [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. See also Kia Motors Am., Inc. v. MPA Autoworks, No. at 581. . Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. 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. 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. Core-Vent Corp. v. Nobel Indus. 1 at 18. Served on 03/12/2021. 2006)). 1995). Oklahoma Class All current and former individuals who provide(d) transportation services for Defendant within the United States, who (1) entered into an Independent Contractor Operating Agreement with Defendant, and (2) entered into a Lease Agreement with Defendant or Three Diamond Leasing, LLC, from April 12, 2014 to June 21, 2022. at 7. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199 (9th Cir. Cancellation and Refund Policy, Privacy Policy, and Id. 5-1, Crowley Decl. See id. The test's first prong encompasses both purposeful direction and purposeful availment. John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. Cal. Oct. 5, 2010)); Hernandez v. Martinez, No. Now as a fleet of over 800 trucks, John has had the support of many throughout the years, including his two sons Danny & Darryl. at 20. If you fail to keep your address current, you may not receive your Individual Settlement Amount. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. 12 ("Reply"). THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. Class Counsel will file a Motion for Attorneys Fees and Costs with the Court. The Court disagrees. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. Wash. 2005). If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. Id. Opp. 1404 and the forum-selection clause. at 581-82. Robles v. Comtrak Logistics, Inc., No. Sign up for our weekly newsletter today! 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. 2004). Los Angeles, LLC, 59 Cal. According to Crowley, JCT does not own or lease any property in California, except for one drop yard it leases in Colton, California. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). In essence, the lawsuit alleges JCT made false representations about its lease purchase program and concealed material facts. B. Venue. In other words, while the "in connection with" language is broad enough to encompass Huddleston's misclassification claims and bring them under the umbrella of the forum-selection clause, the ICOA provides that Oklahoma law applies only to interpretation of the ICOA itself. 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. 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. Huddleston Decl. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. This rating has decreased by -4% over the last 12 months. Case Details Parties Documents Dockets Case Details Case Number: 21-5025 Filing Date: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. Mot. Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). 1404 And Forum-Selection Clause. Id. It is unlawful for Defendant to take any adverse action against you as a result of your participation in this Settlement. b. 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. 2011). "'[A] party challenging enforcement of a forum selection clause may not base its challenge on choice of law analysis.'" This message tells you what trips have. 206, et seq. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. The Court will hold a Final Approval Hearing on October 31, 2022 at 10:30 a.m. before the Honorable Gregory K. Frizzell at U.S District Court for the Northern District of Oklahoma. Submit. Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. at 298. 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. Following redistribution, any unclaimed monies will be paid to Legal Services Corporation.