The original complaint alleged that truck drivers for John Christner Trucking often worked 70-100 hours per week while being paid less than $500. C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. 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."). July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. 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. However, under certain circumstances, public policy considerations may lead to non-enforcement of an otherwise valid forum selection clause: Huddleston argues that enforcement of the forum-selection clause would operate in tandem with the choice-of-law provision to apply Oklahoma law to his claims and "result in a wholesale waiver of all state wage and hour remedies." The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], Docket[10817929] Acknowledgment of transcript order filed by Thomas Huddleston. 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. JOHN CHRISTNER TRUCKING, LLC, Defendant. OF INTERESTED PARTIES: y. 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. ." Id. Schwarzenegger, 374 F.3d at 805. NEW! at 582. at 8. 2d 1115, 1126 (E.D. 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. The ICOA states that the ICOA itself "shall be interpreted in accordance with, and governed by, the laws of the United States and, of the State of Oklahoma," without applying a choice-of law analysis. Cal. 2012). 1999), or that it is the "best" venue. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. Code Ann. Our . CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1080 (9th Cir. Served on 03/24/2021. 10-1, Huddleston Decl. ECF No. Click UPDATE at the bottom of the calculator. (Filing fee $ 400, receipt number 0972-7154708) (Attachments: # 1 Civil Cover Sheet) (Cottrell, Carolyn) [Transferred from California Eastern on 9/28/2017.] In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. 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. If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. England Case $37,800,000 Settlement Concluded; Refusal to Drive Unsafe Truck - Driver Awarded $55k; Franchisor's Non-competition Injunction Denied. The deal makes Hirschbach one of the nation's largest refrigerated carriers, the news release says, bumping it from sixth on Transport Topics 2021 ranking to second on the list. Perry, 2011 WL 4080625, at *5. No money will revert to Defendant. at 1125. Oct. 5, 2010)); Hernandez v. Martinez, No. There is nothing to indicate that the provision was the product of undue influence or overreaching. at 17. International Shoe Co. v. Washington, 326 U.S. 310, 318 (1945). "The party challenging the clause bears a 'heavy burden of proof.'" Iskanian v. CLS Transp. [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. Iowa-based Hirschbach Motor Lines has acquired John Christner Trucking, a refrigerated carrier based in Sapulpa. No further written . Huddleston Decl. Manner of Service: email. 2011). The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. The Oklahoma class, specifically, claimed that the trucking companys marketing practices violated the Oklahoma Consumer Protection Act and the Oklahoma Business Opportunity Sales Act. 1998) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 518 (1974)) (emphasis in original). My experience working at John Christner Trucking was a good experience. This factor does not weigh in favor of a finding of unreasonableness. 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." Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. # 9). JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. 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. Served on 04/27/2021. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. Huddleston v. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. Plaintiff and Class Participants should consult with their own tax advisors concerning the tax consequences of the Settlement based on their Individual Settlement Amount. This website is designed and maintained by the Settlement Administrator for the lawsuit known as Huddleston v. John Christner Trucking, LLC . They say lease purchase but you have to lease for 5 yrs before u can own it. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. 2005) (collecting cases from various federal courts of appeals). at 297. Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. [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. If you object to the Settlement, you cannot opt out of the Settlement, and you will be bound by the terms of Settlement in the event the Court denies your objection. Each Class Participant (as described in Section 3) will receive a pro rata share of the Net Settlement Amount based on settlement shares assigned to them as described below. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 1. Good lease to make money. There are two kinds of personal jurisdiction that a court may exercise over an out-of-state defendant. Fill out the form below to receive a free and confidential initial consultation. 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. Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. 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. Proc. Line, Inc. v. Wartsila N. at *4. INTRODUCTION John Christner founded JCT in 1986 with only 2 trucks. 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. 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. A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. You will if you sign a lease! 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. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. at 581. 1391 (d). Narayan, 616 F.3d at 899; see Elijahjuan v. Superior Court, 210 Cal. 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. This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. 2021-06-11, U.S. Courts Of Appeals | Other | Id. (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. As such, the Class Participants understand and agree that they are providing the Released Parties with a full and complete release with respect to the Released Claims. Response date set to 04/14/2021 for David C. Leimbach. 74] of the defendant, John Christner Trucking, LLC ("JCT"). 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." 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. Enforceability Of Forum-Selection Clause. of Tex., 134 S. Ct. 568, 579 (2013) (internal quotation omitted). 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." You pay about $1000 week for lease with good miles. The general rule is that each plaintiff in a class action must individually satisfy venue, so the venue determination is "based on the plaintiffs in the class actionnot absent class members." 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 . The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. John Christner Trucking Case Summary On 03/11/2021 Huddleston filed a Labor - Labor Standard lawsuit against John Christner Trucking. "); Turner v. Syfan Logistics, Inc., No. For tax reporting purposes, all Individual Settlement Amounts will be reported on an U.S. Internal Revenue Service (IRS) 1099 Form. JOHN CHRISTNER TRUCKING, LLC, Defendant. Id. at 294. 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. [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). 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. Second, the forum-selection clause in Ronlake applied only to claims "arising out of" the agreement, narrow language that did not apply to misclassification claims that did not rely on contract interpretation for resolution. | All Rights Reserved. Because the parties' private interests should not be considered, the district court may consider only arguments about public-interest factors. Gulf Ins. Bringing your own truck, you enjoy all of our great benefits (you''re responsible for your 2290). Narayan, 616 F.3d at 897; see also id. 5-3, Huddleston v. John Christner Trucking, LLC, No. Atlantic Marine Const. The settlement administrator will notify you of the decision on the dispute. You will, have to pay for your own DOT physical and drug screen, your first settlement will be -$111.00(YES NEGATIVE), relay . (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . Federal Rule of Civil Procedure 12(b)(2) authorizes motions to dismiss for lack of personal jurisdiction. 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. This factor does not weigh against transfer. Id. 12. Aug. 13, 2014). Purposeful availment is not enough; the claims in this case must also arise out of FCT's contacts with California. Id. Certificate of Interested Parties: Yes. Id. On average, employees at John Christner Trucking stay with the company for 2.3 years. 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. Manner of Service: email. 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. Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. it must be reasonable." Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). CERT. Huddleston has submitted an affidavit outlining the "prohibitive" financial hardship associated with litigating this case in Oklahoma, Huddleston Decl. Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). 17-cv-02081-RS ("Huddleston I"), slip op. at 298. Richards v. Lloyd's of London, 135 F.3d 1289, 1297 (9th Cir. Yahoo, 433 F.3d at 1206; Schwarzenegger, 374 F.3d at 802. 4:17-CV-06257 | 2017-10-29, U.S. District Courts | Personal Injury | Gallo Winery v. Andina Licores S.A., 440 F. Supp. Id. JCT leases facilities in Phoenix, Arizona, and Oklahoma City, Oklahoma. Case information including a copy of the complaint can be found here . 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