71st St., Suite 200Tulsa, OK 74136Telephone: (918) 970-2000Facsimile: (918) 970-2002. The organization will now operate over . [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] Join Our Community Today! CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1073 (9th Cir. None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. 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. it must be reasonable." Id. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. Nov. 4, 2010); Ronlake v. US-Reports, Inc., No. 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. 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. Hirschbach, based in Dubuque, Iowa, is a privately owned carrier . See Leroy v. Great W. United Corp., 443 U.S. 173, 180 (1979) ("The question of personal jurisdiction, which goes to the court's power to exercise control over the parties, is typically decided in advance of venue, which is primarily a matter of choosing a convenient forum."). ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." John Christner Trucking is Seeking Lease Purchase Drivers and Owner Operators Solos Start at to $1.20 per Mile Teams Start at $1.25 per Mile John Christner Trucking Benefits: Solos Starts at to $1.20 per Mile Teams Start at $1.25 per Mile Fuel Surcharge paid on all miles - loaded and empty "We are impressed with the customized technical . 2004) (internal citation and quotation marks omitted). John Christner Trucking Just Sold To Hirschbach Trucking 5 Min Ago Grab some Mutha Trucker Gear@ https://theasianmaishow.com/ For information . You make about $3600 per week. Here you can view your weekly settlements, insurance and contracts. In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. PAGA cases "function[] as a substitute for an action brought by the government itself." [Please open the Notice for important information.] 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. LaCross v. Knight Transportation, Inc., 95 F. Supp. 2015). John Christner Trucking, LLC, N.D. Oklahoma (Case No. 2015). JCT argues that neither general nor specific personal jurisdiction exists here. Certificate of Interested Parties: No. [21-5023, 21-5025] [Entered: 03/25/2021 08:56 AM], Docket[10817559] Entry of appearance filed by Adam Carl Smedstad, James Anthony Eckhart, Mrs. Angela Stemle Cashand Christopher Eckhart for John Christner Trucking, LLC. . RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. 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. John Christner Trucking adds 800 trucks to the Hirschbach fleet. Seventh, Oklahoma is available as an alternative forum. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. 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. JCT does not target any advertising specifically to California and, since at least 2013, only 10- 12% of its total nationwide miles have been logged in California. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] [21-5025] [Entered: 03/24/2021 02:58 PM], Docket[10817554] Entry of appearance submitted by Christopher J. Eckhart, Angela S. Cash, James A. Eckhart, Adam C. Smedstad for Appellee John Christner Trucking, LLC for court review. Class Counsel will file a Motion for Attorneys Fees and Costs with the Court. (internal quotation marks omitted)). Do yourself a favor and keep looking. Gallo Winery v. Andina Licores S.A., 440 F. Supp. Murphy, 362 F.3d at 1140 (quoting M/S Bremen., 47 U.S. at 17). 3d 1199, 1206 n.4 (C.D. ; all claims for deceptive and unfair trade practices under the Oklahoma Consumer Protection Act, 15 Okla. Stat. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], [10817921] Docketing statement filed by Thomas Huddleston. Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. 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. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. Also, every "owner-operator" completes an orientation at those headquarters. [21-5025] [Entered: 04/20/2021 09:24 AM], [10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. "'[A] party challenging enforcement of a forum selection clause may not base its challenge on choice of law analysis.'" 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." This lawsuit alleges that Defendant improperly classified Class Members as independent contractors instead of as employees, and Class Members were not provided meal and rest breaks, were not compensated for all hours worked, were not paid minimum wage, were not paid all wages due upon termination, were not provided timely and compliant itemized wage statements, were not reimbursed for necessary business expenses, and were subject to unfair business practices. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. 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. Who are the attorneys representing Defendant John Christner Trucking, LLC? Cal. Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir. A former safety manager for a California company has been sentenced to probation for a conspiracy involving the illegal repair of cargo tanks. Every dime goes to the truck. 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. C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. See also Narayan, 616 F.3d at 899; Quinonez v. Empire Today, LLC, No. 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. Manetti-Farrow, Inc. v. Gucci Am., Inc., 858 F.2d 509, 513 (9th Cir. Attorney Cottrell, Carolyn H. added. 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. "Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin." 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. There are two kinds of personal jurisdiction that a court may exercise over an out-of-state defendant. CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. of Tex., 134 S. Ct. 568, 579 (2013) (internal quotation omitted). 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 lawsuit was filed in 2017. The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. 2012 WL 393614, at *1 (emphasis supplied). [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. Select SOLO DRIVER or TEAM DRIVER. granted the motion for class certification, International group throws support behind Rhode Islands appeal of truck toll verdict, Vehicle weight at issue in overtime lawsuit, Trucker awarded $500K after being unlawfully detained, Former safety manager receives probation for cargo tank conspiracy. The DM speaks to their Drivers poorly and use profanity. See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. 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. In contract cases, courts generally apply the purposeful availment test, while in tort cases they use the purposeful direction analysis. Thus, this factor is not at issue. As to the ICOA, he testifies that when he was in Oklahoma for orientation, he was told that the ICOA was nonnegotiable, was told that it was offered on a take-it-or-leave-it basis, and that the forum-selection clause and its effects were never explained to him. International Shoe Co. v. Washington, 326 U.S. 310, 318 (1945). ROBERTO BALDERRAMA vs. JOHN CHRISTNER TRUCKING, JACQUELINE BRADFORD, Ordosgoitti v. Werner Enterprises, Inc. et al, Chandler et al v. Craters & Freighters Franchise Company, Beissel et al v. Western Flyer Express, LLC, Board of Education of Yukon Oklahoma Public Schools v. SYSCO USA II, LLC, Seay et al v. Oklahoma Board of Dentistry et al, Seay, et al v. Oklahoma Board of Dentistry, et al. 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. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Tenth Circuit. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. 1993) holding modified by Yahoo! Rowen v. Soundview Commc'ns, Inc., No. Id. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 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. at 7. R. Civ. You pay about $1000 week for lease with good miles. Cal. 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. ICOA 23. 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. Response date set to 04/14/2021 for Carolyn H. Cottrell. John Christner Trucking 19007 W Hwy 33 Internet United States of America. 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. 30-31, Ex. OF INTERESTED PARTIES: n. Served on 03/12/2021. Oct. 5, 2010)); Hernandez v. Martinez, No. "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. 10 ("Opp. First name. Don't miss out on our weekly happenings within our company! Dec. 6, 2012). Why one international organization is joining the fight. Hirschbach acquiring John Christner Trucking, creating reefer giant. Marine, 134 S. Ct. at 583. See Atl. CERT. "); Turner v. Syfan Logistics, Inc., No. 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. How will the Attorneys for the Class Members be paid? You do not take home any money. If you dispute the number of workweeks as shown on the Notice that was mailed to you, you may produce evidence to the settlement administrator establishing the dates you contend to have worked for Defendant. Opp. 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." 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. Feb. 6, 2012). 3:21-CV-01669 | 2021-07-20, Dallas County District Courts | Personal Injury | John Christner Trucking, LLC, No. (Text Only - No Attachment). 1:11-CV-02009 LJO, 2012 WL 393614, at *3-4 (E.D. Schedule Monday - Friday 1:30pm - 10:30pm. ECF No. 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 . Huddleston v. John Christner Trucking, LLC, 1:17-cv-00925-LJO-SAB (E.D. Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. Id. This rating has decreased by -4% over the last 12 months. Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. Manner of Service: email. (citing Holliday, 2010 WL 3910143, at *4). The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. Thread Status: Not open for further replies. Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. 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." Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. 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." If you mail a written objection, you may also, if you wish, appear at the Final Approval Hearing to discuss your objection with the Court and the parties. [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. A forum-selection clause is "not unreasonable merely because of the parties' unequal bargaining power: it is enforceable if there is reasonable communication of the clause." 5-1, Crowley Decl. See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. 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. 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. John Christner Trucking LLC Sapulpa, OK. Quick Apply. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). "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.'" 12. [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. They say lease purchase but you have to lease for 5 yrs before u can own it. 2010))). OF INTERESTED PARTIES: y. 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 9. Who are the attorneys representing Defendant John Christner Trucking, LLC? 10-1, Huddleston Decl. Personal Jurisdiction. 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. 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." at 582. at 11-12. This factor does not weigh in favor of a finding of unreasonableness. Certificate of Interested Parties: Yes. "Even though the defendant's headquartersfrom which the challenged policies originatedwere located outside of California, jurisdiction was still proper based on the application of the policies to the company's activities in this state." (FLSA Collective 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, (3) were classified as independent contractors, and (4) validly opted in to the FLSA collective on or before February 14, 2020 (FLSA Collective Members). 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. Core-Vent Corp. v. Nobel Indus. 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. 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 program. This website is designed and maintained by the Settlement Administrator for the lawsuit known as Huddleston v. John Christner Trucking, LLC . 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. Click UPDATE at the bottom of the calculator. at 1138. Christner said the company has seen continuous growth over the past two decades. Served on 03/24/2021. Plaintiff and Class Participants should consult with their own tax advisors concerning the tax consequences of the Settlement based on their Individual Settlement Amount. See Local Rule 230(g). The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. Federal Rule of Civil Procedure 12(b)(2) authorizes motions to dismiss for lack of personal jurisdiction. 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. "Public-interest factors may include 'the administrative difficulties flowing from court congestion; the local interest in having localized controversies decided at home; [and] the interest in having the trial of a diversity case in a forum that is at home with the law.'" Manner of Service: email. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Attorney at Scopelitis Garvin Light Hanson & Feary, Attorney at Schneider Wallace Cottrell Konecky, Docket[10826612] On the court's own motion and pursuant to 10th Cir. Certificate of Interested Parties: Yes. 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.