***TIDBIT TUESDAY*** QualComm Message Reinder: Every Friday around 10:00 am you receive a message from the driver settlement department on your qual comm. 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. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. Opp. john christner trucking Inc. John Christner Trucking. The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. Huddleston I, slip. [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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. "Although a FLSA claim for relief ostensibly arises from an employment contract, courts have likened FLSA claims to tort claims and have applied the purposeful direction standard." 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. LaCross v. Knight Transportation, Inc., 95 F. Supp. at 919. Gallo Winery v. Andina Licores S.A., 440 F. Supp. Mahoney v. Depuy Orthopaedics, Inc., No. 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 John Christner founded JCT in 1986 with only 2 trucks. Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir. 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. 3, 2015). Served on 03/24/2021. Hirschbach, based in Dubuque, Iowa, is a privately owned carrier . at 9. The 19 causes of action in the lawsuit: Opp. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. 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. Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. He further testifies that litigating this case in Oklahoma would impose a prohibitive economic hardship on him due to the cost of travel and time away from work, problems that he would not experience if the case were to remain in California. 2002). Finally, one place to get all the court documents we need. John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. Enforceability Of Forum-Selection Clause. 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. Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. 1391(b). 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. Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. John Christner Trucking JCT Never lease with this company as long as BA and JM are there. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. 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."). [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] (internal quotation marks omitted)). C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. 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." 2004). --------. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. Code Ann. Cal. I would still be there if I were able to still be there. He testifies that JCT said it would make every effort to make his first and last stop of any given trip in California so his work would be completed close to home, and that his first and last stops were indeed in California. The Court applies federal law to the interpretation and enforcement of a forum-selection clause. 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." Hirschbach builds national footprint through M&A (Photo: Hirschbach) Refrigerated carrier Hirschbach announced Wednesday the acquisition of John Christner Trucking (JCT). Weekly Settlement Deduction with JCT (John Christner Trucking) 4,877 views Jan 20, 2020 64 Dislike Share Save Trucking with Miss Tee 1.95K subscribers Deduction that will come out of your. OF INTERESTED PARTIES: y. Id. 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. Wash. 2005). This website is designed and maintained by the Settlement Administrator for the lawsuit known as Huddleston v. John Christner Trucking, LLC . See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 464 (1985). 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. While the Court is sensitive to the potential financial strain involved in litigating this case in Oklahoma, serving as the named plaintiff in a class action is unlikely to carry with it the requirement that Huddleston travel to Oklahoma with much frequency, and Huddleston has failed to explain why litigating in Oklahoma would require substantially more time away from work than litigating in California such that he would be denied the ability to bring the case. You will if you sign a lease! at *4. If you have questions about this Notice, or the Settlement, or if you did not receive this Notice in the mail and you believe that you are or may be a Class Member, you should contact Class Counsel or the Settlement Administrator.This Notice is only a summary. 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. [21-5025] [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). Here you can view your weekly settlements, insurance and contracts. [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. Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). Arising Out Of Forum-Related Activities. CERT. Civ. 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." None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. 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. at 581-82. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. Cal. [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. 752, et seq. 752, et seq. 5-3, Huddleston v. John Christner Trucking, LLC, No. And the best part of all, documents in their CrowdSourced Library are FREE! Manner of Service: email. Marine, 134 S. Ct. at 583. 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." Don't miss out on our weekly happenings within our company! 1. Fill out the form below to receive a free and confidential initial consultation. 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. OF INTERESTED PARTIES: n. Served on 03/12/2021. See Piedmont Label Co. v. Sun Garden Packing Co., 598 F.2d 491, 496 (9th Cir. The Ninth Circuit has outlined three situations in which enforcement of a forum-selection clause would be unreasonable: "(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." [21-5025] [Entered: 03/24/2021 02:58 PM], [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. 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). Case information including a copy of the complaint can be found here . 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. Pros. Response date set to 04/14/2021 for David C. Leimbach. Feb 17, 2022. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. Marine Const. . 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. 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. There is nothing to indicate that the provision was the product of undue influence or overreaching. CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. ICOA 23. Lease and other payments you end up with about $1000 on 3000 mile wk. Marine, 134 S. Ct. at 584. Popular Searches. COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. Cal. Line, Inc. v. Wartsila N. 5:16-CV-01221 | 2016-10-21, U.S. District Courts | Intellectual Property | 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." Contact Who is John Christner Trucking, LLC Headquarters 19007 W Hwy 33, Sapulpa, Oklahoma, 74067, United States Phone Number (918) 227-1600 Website www.johnchristner.com Revenue $246.4M Industry Freight & Logistics Services Transportation [21-5025] [Entered: 03/11/2021 03:45 PM], Dallas County Texas Courts | Personal Injury | CV 05-4928-NM EX, 2006 WL 8074721, at *3 (C.D. C. Forum-Selection Clause And 28 U.S.C. See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. 2010))). 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. Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding. Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. (Text Only - No Attachment). 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. See id. Cal. at 8. It is well established that the Fourteenth Amendment's Due Process Clause limits the power of a court to exercise jurisdiction over out-of-state defendants who do not consent to jurisdiction. 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. First, the forum-selection clause in Ronlake provided that the agreement "and all issues regarding the rights and obligations of the Members, the construction, enforcement and interpretation hereof . [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. 1 : UPS Inc. Proc. Management. Co., 417 F.3d at 357. Hirschbach Motor Lines recently agreed to acquire John Christner Trucking (JCT), a refrigerated carrier based in Sapulpa, Oklahoma. 10 ("Opp. Reply at 6-8. 1999), or that it is the "best" venue. DECLARATION OF KAREN BUTLER REISINGER RE DEFENDANT'S CLASS ACTION FAIRNESS ACT SETTLEMENT NOTICE by John Christner Trucking, LLC (With attachments) (Reisinger, Karen) John Christner Trucking - Inc. John Christner Trucking LLC. If you fail to keep your address current, you may not receive your Individual Settlement Amount. 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. 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." 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. This second prong of the specific jurisdiction test is satisfied if the plaintiff would not have been injured "but for" the defendant's forum-related contacts. The combined revenue of both companies will exceed $1. [21-5025] [Entered: 04/14/2021 04:43 PM], Docket[10822463] Attorney Mr. David C. Leimbach for Thomas Huddleston admitted to the bar of this court. A review of the distirct court docket shows transcripts ordered were already on file. Once the plaintiff carries this burden, the defendant must come forward with a "compelling case" that the exercise of jurisdiction would not be reasonable. 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. Served on 04/27/2021. Mark Schremmer, senior editor, joined Land Line in 2015. Murphy, 362 F.3d at 1140 (quoting M/S Bremen., 47 U.S. at 17). [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. 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. 2007). Both sides agree that in light of the risks and expenses associated with continued litigation, this Settlement is fair and appropriate under the circumstances, and in the best interests of the Class Members. at *3-*4 and thus had broader reach than the choice-of-law provision in the ICOA here. Job Summary The Parts Coordinator is responsible for taking parts order, dealing one-on-one with mechanics and drivers. 2015); Robles, 2015 WL 1530510, at *4. Holland Am. See Gulf Ins. ECF No. Understand also that this is a lease. JCT argues that neither general nor specific personal jurisdiction exists here. 4th 348, 394 (2014) (internal quotation marks and citation omitted). John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Purposeful availment is not enough; the claims in this case must also arise out of FCT's contacts with California. 8:20-CV-00421 | 2020-10-14, U.S. District Courts | Contract | NEW! Christner said the company has seen continuous growth over the past two decades. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] at 20. App. 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | Overall. 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." 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. "No one factor is dispositive; a court must balance all seven." Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. 1:11-CV-02009 LJO, 2012 WL 393614, at *3-4 (E.D. Response date set to 04/14/2021 for Michelle S. Lim. This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. Id. Marcotte v. Micros Sys., Inc., No. Mot. 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. Response date set to 04/14/2021 for David C. Leimbach. John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. 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." Id. This factor primarily concerns "where the witnesses and the evidence are likely to be located." 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." Marcotte, 2014 WL 4477349, at *8 (quoting Besag v. Custom Decorators, Inc., No. at 298. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. Id. The purposeful direction test requires satisfaction of all three prongs of the Supreme Court's effects test from Calder v. Jones, 465 U.S. 783, 789-90 (1984). 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. Certificate of Interested Parties: Yes. Response date set to 04/14/2021 for Carolyn H. Cottrell. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. Click UPDATE at the bottom of the calculator. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. Still others have found that they are neither tort nor contract claims. But after fuel. JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. A trucker has been awarded $500,000 after being unlawfully detained while making a 2019 delivery in California. The combined revenue of both companies will surpass $1 billion and propel . 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. 1988). CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent.