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[21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] 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. 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 JCT leases facilities in Phoenix, Arizona, and Oklahoma City, Oklahoma. Manner of Service: email. Va. Apr. 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. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. CERT. 2011). 10 West Market Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 637-1777 Facsimile: (317) 687-2414 at 582. Served on: 03/25/2021. CLAIRE V. EAGAN UNITED STATES DISTRICT JUDGE OPINION AND ORDER Now before the Court is Defendants John Christner Trucking, LLC and Three Diamond Leasing, LLC's Motion to Dismiss and Brief in Support (Dkt. 2002). 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. 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." Yahoo, 433 F.3d at 1206; Schwarzenegger, 374 F.3d at 802. John Christner Trucking, L.L.C. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. [Please open the Notice for important information.] JOHN CHRISTNER TRUCKING, LLC, Defendant. Wash. 2005). 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. Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. No further written . The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. 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. 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. "The party challenging the clause bears a 'heavy burden of proof.'" 1993) holding modified by Yahoo! 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. Issued on 04/27/2021. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir. Class Counsel will be paid from the Gross Settlement Amount of $9,250,000.00. at *4. Id. Marine, 134 S. Ct. at 584. 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. Phone: 8003241900. But after fuel. John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. 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. You do not have to pay the attorneys who represent the Class Members. 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. 2015). This field is for validation purposes and should be left unchanged. The Ninth Circuit has established a three-prong test for analyzing a claim of specific personal jurisdiction: (i) the defendant must have purposefully availed itself "of the privilege of conducting activities in the forum, thereby invoking the benefits and protections of its laws"; (ii) the cause of action must "arise[] out of or relate[] to the defendant's forum-related activities"; and (iii) "the exercise of jurisdiction must comport with fair play and substantial justice, i.e. JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. 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." 2006). ; statutory penalties, civil penalties under PAGA, California Labor Code 2699 et seq., all claims for constructive fraud and negligent misrepresentation; and all claims for unjust enrichment (Released Claims). CERT. $246.4 M. Employees. This rating has decreased by -4% over the last 12 months. 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. 2004) (internal citation and quotation marks omitted). 1404. 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. 10-cv-02049 (WHA), 2010 WL 4569873, at *2-3 (N. D. Cal. 3, 2015). . Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. 2006). Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. at 21-22. Fifth, the question of efficient judicial resolution is neutral. 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. Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. Thumbnails Document Outline Attachments Layers. Every dime goes to the truck. Can Defendant retaliate against me for participating in this Settlement? 2011). C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. 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. 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 Oklahoma class, specifically, claimed that the trucking companys marketing practices violated the Oklahoma Consumer Protection Act and the Oklahoma Business Opportunity Sales Act. John Christner Trucking - Inc. John Christner Trucking LLC. 14-CV-05530-WHO, 2015 WL 899294, at *3-4 (N.D. Cal. Id. (citing Iskanian for the proposition that representative PAGA claims may be brought in forums other than California state courts). Co, 134 S.Ct. It is unlawful for Defendant to take any adverse action against you as a result of your participation in this Settlement. Mot. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. 1998). Still others have found that they are neither tort nor contract claims. Cal. Id. According to the motion, relators and the real parties in interest, Michael Ladd, Christopher Ladd, and Stephen Bryson, as next friend of his minor son E.B., have reached a settlement agreement that will resolve their claims in the underlying lawsuit and the issues . "For a party to escape a forum selection clause on the grounds of fraud, it must show that 'the inclusion of that clause in the contract was the product of fraud or coercion.'" Scam Internet. On average, employees at John Christner Trucking stay with the company for 2.3 years. (citing Carnival Cruise Lines, 499 U.S. at 595. John Christner Trucking LLC Sapulpa, OK. Quick Apply. 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. To do so, send a letter to the settlement administrator explaining the basis for your dispute and attach copies of the supporting evidence. "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. Rhode Island is appealing a court ruling that ended the states truck-only tolls. Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. Line, Inc. v. Wartsila N. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. Proc. Manner of Service: email. Here you can view your weekly settlements, insurance and contracts. 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. See 28 U.S.C. Civ. Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. Once the plaintiff carries this burden, the defendant must come forward with a "compelling case" that the exercise of jurisdiction would not be reasonable. 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. 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. 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." . Jag Trucking Inc. Revenue. Click on the links below to download documents related to the Settlement. 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. 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. Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. Huddleston Decl. Category: Trucking Companies. IT IS SO ORDERED. If you do not agree with these terms, then do not use our website and/or services. My experience working at John Christner Trucking was a good experience. Don't miss out on our weekly happenings within our company! 1 : UPS Inc. at 1125. The original complaint alleged that truck drivers for John Christner Trucking often worked 70-100 hours per week while being paid less than $500. 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. 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. (10/24/19 Mot hrng & 12/09/20 Sched conf.). Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). . None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. [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). However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." 7. 2d 1115, 1126 (E.D. 1. Co., 417 F.3d at 357. JCT has not met its burden of showing that this Court's exercise of specific jurisdiction would be unreasonable. However, "the Ninth Circuit has rejected the argument that unequal bargaining power is a ground to reject enforcement of a forum selection clause in an employment contract." 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. LaCross v. Knight Transportation, Inc., 95 F. Supp. 2021-06-11, U.S. Courts Of Appeals | Other | 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. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. JCT also argues for transfer to the Northern District of Oklahoma pursuant to 28 U.S.C. JCT's contacts with California are not mere happenstance resulting from Huddleston's incidental residence in the state independent of JCT's conduct. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] 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." Id. As such, the argument regarding fraud and overreaching fails. Leaked News! Sign up for our weekly newsletter today! We are all in this together. 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. JCT keeps all company records at its Oklahoma headquarters and dispatches drivers from there. 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 CERT. Gulf Ins. Id. The general venue statute does not authorize venue in a single district in which the most substantial part of the events or omissions giving rise to the claim occurred. Id. 2000). If you fail to keep your address current, you may not receive your Individual Settlement Amount. Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. 5:15CV81, 2016 WL 1559176, at *5 (W.D. 5 ("Mot."). There is nothing to indicate that the provision was the product of undue influence or overreaching. 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. Lease and other payments you end up with about $1000 on 3000 mile wk. ICOA 23. 17-cv-02081-RS ("Huddleston I"), slip op. CV 05-4928-NM EX, 2006 WL 8074721, at *3 (C.D. I would still be there if I were able to still be there. Hirschbach Motor Lines recently agreed to acquire John Christner Trucking (JCT), a refrigerated carrier based in Sapulpa, Oklahoma. Schedule Monday - Friday 1:30pm - 10:30pm. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. 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. at 11-12. Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). 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. at 6-7 (N.D. Cal. 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. JCT will continue to operate as a separate, but highly integrated, company with Danny Christner joining Hirschbach as the president of JCT, according to a statement from Hirschbach. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. 752, et seq. CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. We have the right trucks, the right freight, the right people. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. Court for W. Dist. Arising Out Of Forum-Related Activities. 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). GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. Plaintiff opposed, ECF No. 12-CV-06133-LHK, 2014 WL 3962647, at *4 (N.D. Cal. "No one factor is dispositive; a court must balance all seven." The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. B. Venue. 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. 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. Both groups are considered Class Members in this Notice. Hirschbach Motor Lines today announced the completion of the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. 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 proper question is whether the defendant's conduct connects him to the forum in a meaningful way." Job Summary The Parts Coordinator is responsible for taking parts order, dealing one-on-one with mechanics and drivers. For tax reporting purposes, all Individual Settlement Amounts will be reported on an U.S. Internal Revenue Service (IRS) 1099 Form. At John Christner Trucking, our primary focus is on truckload transportation, with an emphasis on temperature controlled products. Any disputes must be postmarked by Saturday, September 24, 2022, and should be mailed to Huddleston v. JCT Settlement Administrator, P.O.