Following redistribution, any unclaimed monies will be paid to Legal Services Corporation. As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. [21-5025] [Entered: 03/12/2021 05:19 PM], Docket[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. Cal. 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. RLM [Entered: 03/12/2021 04:57 PM], [10814509] Civil case docketed. 5:16-CV-01221 | 2016-10-21, U.S. District Courts | Intellectual Property | ECF No. [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. 2004). It is unlawful for Defendant to take any adverse action against you as a result of your participation in this Settlement. 2021-06-11, U.S. Courts Of Appeals | Other | Thread Status: Not open for further replies. at 18. 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. Id. 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. 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 . Dubuque, Iowa-based Hirschbach Motor Lines announced the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. DATE RECEIVED: 03/11/2021. 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. Yahoo! Sixth, a California forum is important to Huddleston's interest in convenient relief, since he is a resident of and works in this forum and has averred that traveling to Oklahoma to litigate this case would present a burden. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. 2004) (internal citation and quotation marks omitted). Response date set to 04/14/2021 for David C. Leimbach. JCT's contacts with California are not mere happenstance resulting from Huddleston's incidental residence in the state independent of JCT's conduct. (citing Holliday, 2010 WL 3910143, at *4). . 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. Cancellation and Refund Policy, Privacy Policy, and Id. In 2020, United States District Court Judge Gregory Frizzell certified a nationwide class of drivers for a claim that JCT violated Oklahomas consumer protection law in selling the lease program utilizing alleged misrepresentations and concealing material facts. 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. 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 . CV 05-4928-NM EX, 2006 WL 8074721, at *3 (C.D. 3:21-CV-01669 | 2021-07-20, Dallas County District Courts | Personal Injury | (Text Only - No Attachment). 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. You may have received a Notice of Settlement (Notice) because you (1) previously completed a valid Opt-In Consent Form to join this case; or (2) the records of John Christner Trucking, LLC (Defendant) show you qualify as a member of the California Class and/or the Oklahoma Class as defined in Section 3. The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. "'Overreaching' is a ground 'short of fraud,' and a mere showing of 'non-negotiability and power difference' does not render a forum selection clause unenforceable." 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." John Christner Trucking asked the court to deny certification because Huddleston has failed to demonstrate that Californias wage and hour laws apply to him or any other putative class member.. Id. A review of the distirct court docket shows transcripts ordered were already on file. A former safety manager for a California company has been sentenced to probation for a conspiracy involving the illegal repair of cargo tanks. "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.'" Overall. 1. 10-1. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). Id. Forum-selection clauses are also scrutinized for "fundamental fairness," and may be deemed unfair if inclusion of the clause was motivated by bad faith, or if the party had no notice of the forum provision. ***TIDBIT TUESDAY*** QualComm Message Reinder: Every Friday around 10:00 am you receive a message from the driver settlement department on your qual comm. 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. See Local Rule 230(g). [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. 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | Atlantic Marine Const. Class Counsel will be paid from the Gross Settlement Amount of $9,250,000.00. Therein, he states that he is a resident of California and that much of his work activity took place in California. at 8. John Christner Trucking, LLC, No. 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. 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. Opp. The 'but for' test preserves the requirement that there be some nexus between the cause of action and the defendant's activities in the forum." Management. Category: Trucking Companies. [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. To do so, send a letter to the settlement administrator explaining the basis for your dispute and attach copies of the supporting evidence. at 6-7 (N.D. Cal. Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. Served on 03/12/2021. 17-cv-02081-RS ("Huddleston I"), slip op. | All Rights Reserved. Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. Bancroft & Masters, Inc. v. Augusta Nat. 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. The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . 10. In general, managers at John Christner Trucking are good to work with. There are two kinds of personal jurisdiction that a court may exercise over an out-of-state defendant. 0. Enforceability Of Forum-Selection Clause. The Oklahoma class, specifically, claimed that the trucking companys marketing practices violated the Oklahoma Consumer Protection Act and the Oklahoma Business Opportunity Sales Act. FLSA Collective Members All current and former individuals who provide(d) transportation services for Defendant within the United States, between May 1, 2015 and June 21, 2022. Finally, one place to get all the court documents we need. 1391 (d). Manner of Service: email. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . 1. COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972). Marcotte, 2014 WL 4477349, at *8 (quoting Besag v. Custom Decorators, Inc., No. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], Docket[10817929] Acknowledgment of transcript order filed by Thomas Huddleston. [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. John Christner Trucking JCT Never lease with this company as long as BA and JM are there. [21-5025] [Entered: 04/19/2021 04:25 PM], [10822480] Attorney Ms. Michelle S. Lim for Thomas Huddleston admitted to the bar of this court. 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." No. The original complaint alleged that truck drivers for John Christner Trucking often worked 70-100 hours per week while being paid less than $500. 752, et seq. Manner of Service: email. at 581. Robles v. Comtrak Logistics, Inc., No. . Manner of Service: email. 28 U.S.C 1404(a) provides that "[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." Reply at 6-8. 1404 And Forum-Selection Clause. He testifies in his declaration that "[m]uch" of his JCT-related work took place in California and that he drove "all over" the state, including making a "significant portion" of his pick-ups and drop-offs in the cities within this District listed in paragraph 18 of the Complaint. 3d at 1206 n.5 (holding that a representative PAGA claim could be litigated in Arizona federal courts); see also id. Silver Valley Partners, LLC v. De Motte, 400 F. Supp. 2006). The settlement administrator will determine all Individual Settlement Amounts based on Defendants records of the weeks worked by Class Members. He also asserts that the power differential between himself and JCT, the inability to negotiate the contract, and his lack of advanced formal education all work to render the provision a product of overreaching. Pros. [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. If you fail to keep your address current, you may not receive your Individual Settlement Amount. 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 2006). The second, known as "specific jurisdiction," exists where the litigation is derived from obligations that "arise out of or are connected with the [company's] activities within the state." How will the Attorneys for the Class Members be paid? Holliday, 2010 WL 3910143, at *3-*4. In the context of a motion under Rule 12(b)(3), a court need not accept as true all allegations in the complaint, but may consider facts outside the pleadings. Attorney Cottrell, Carolyn H. added. Updated May 4, 2022. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] 10-1, Huddleston Decl. 5) I. . One (1) settlement share for each FLSA Workweek. Click UPDATE at the bottom of the calculator. Line, Inc. v. Wartsila N. By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. In a state which has more than one judicial district, corporate defendants "shall be deemed to reside in any district within which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate state." 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. Id. Inc., 223 F.3d 1082, 1088 (9th Cir. While FLSA claims can arise in any state, JCT's decision to hire Huddleston, a California resident, to make pick-ups and drop-offs in California means that his claims arose, at least in part, there. The test's first prong encompasses both purposeful direction and purposeful availment. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. Issued on 04/27/2021. ; all claims for deceptive and unfair trade practices under the Oklahoma Consumer Protection Act, 15 Okla. Stat. [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. See also Kia Motors Am., Inc. v. MPA Autoworks, No. 2002). Plaintiff opposed, ECF No. 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. gimme fonts GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. at 13-14 (emphasis in original). "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." Parts Coordinator. Schwarzenegger, 374 F.3d at 805. [21-5025] [Entered: 04/14/2021 04:21 PM], Docket[10817932] Minute order filed - Transcript order form due 04/08/2021 for Brian Neil, Court Reporter. Yahoo, 433 F.3d at 1206; Schwarzenegger, 374 F.3d at 802. 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. Marine, 134 S. Ct. at 584. 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. If you do not agree with these terms, then do not use our website and/or services. In the event any portion of the Individual Settlement Amounts paid to Plaintiff and Class Participants is ultimately construed by the IRS or any other taxing authority to be taxable income from which taxes should have been withheld, Plaintiff and Class Participants shall pay any and all such taxes, interest, and penalties on the amount they receive. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Hirschbach builds national footprint through M&A (Photo: Hirschbach) Refrigerated carrier Hirschbach announced Wednesday the acquisition of John Christner Trucking (JCT). Id. 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. [Please open the Notice for important information.] Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir. See Fed. 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. Id. Served on 03/24/2021. Hirschbach Motor Lines on Feb. 16 announced that it will acquire Sapulpa, Okla.-based refrigerated carrier John Christner Trucking. 21% of John Christner Trucking employees are women, while 79% are men. [21-5025] [Entered: 03/15/2021 11:58 AM], Docket[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 keeps all company records at its Oklahoma headquarters and dispatches drivers from there. 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. 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. Report this profile . (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. A review of the distirct court docket shows transcripts ordered were already on file. (Text Only - No Attachment). Response date set to 04/14/2021 for Michelle S. Lim. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. 12 ("Reply"). 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. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. Web: www.johnchristner.com. 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."). 1391. 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." Rowen v. Soundview Commc'ns, Inc., No. . Cal. We have the right trucks, the right freight, the right people. You do not take home any money. 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."). "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." 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. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. The Court cannot find on this record that honoring the forum-selection clause would mean that Huddleston "will for all practical purposes be deprived of his day in court." 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." "No one factor is dispositive; a court must balance all seven." John Christner founded JCT in 1986 with only 2 trucks. [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. at 919. The case status is Pending - Other Pending. (10/24/19 Mot hrng & 12/09/20 Sched conf.). Our . at 20. John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. If at the conclusion of the 180-day void period, there are any uncashed checks, the settlement administrator will redistribute those monies to Class Participants who did cash their checks. 3, 2015). Can Defendant retaliate against me for participating in this Settlement? Where a forum-selection clause uses the phrases "arising under," "arising out of," or similar language, the clause is construed narrowly to cover only disputes "relating to the interpretation and performance of the contract itself." 206, et seq. 367. First name. . 410.10 (2004). Cases involving labor standard violations, Fair Labor Standards Act (FLSA) - 29 USC 201, [10826612] On the court's own motion and pursuant to 10th Cir. Public-interest "factors will rarely defeat a transfer motion, [meaning that] the practical result is that forum-selection clauses should control except in unusual cases." Full-Time. 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." "[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." Id. 1995). Submit. "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.'" Huddleston "alleges that JCT contracts with California residents and instructs them (and others) to make pick-ups and drop-offs in California. If you are a Class Member, you may be entitled to receive money from a Settlement in this case, as described below. Perry, 2011 WL 4080625, at *5. 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. Id. "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." The touchstone for asserting specific jurisdiction over a nonresident defendant is "the relationship among the defendant, the forum, and the litigation." The most common ethnicity at John Christner Trucking is White (66%), followed by Hispanic or Latino (11%) and Black or African American (10%). Preliminary record filed. In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. This message tells you what trips have. at 7. John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. See Piedmont Label Co. v. Sun Garden Packing Co., 598 F.2d 491, 496 (9th Cir. Personal Jurisdiction. ECF No. ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. Gulf Ins. See, e.g., Brandi v. Belger Cartage Serv., Inc., 842 F. Supp. home chef heat and eat lasagna, thomas powell obituary, what religion was pablo escobar,

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