at 17. Submit. M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972). Make your practice more effective and efficient with Casetexts legal research suite. Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding. So basically they give you older trucks with almost 500k miles. (10/24/19 Mot hrng & 12/09/20 Sched conf.). R. 33.1, order filed by (CLK) extending time to file first brief on cross-appeal and appendix until 07/07/2021 for John Christner Trucking, LLC. 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. 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. Objections shall only be considered if the Class Member has not opted out of the Settlement. 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." 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. In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 464 (1985). Opp. Served on 04/27/2021. LaCross v. Knight Transportation, Inc., 95 F. Supp. 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. 2014) (citing Murphy, 362 F.3d at 1141). Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. 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. 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. 1391 (d). Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. Federal Rule of Civil Procedure 12(b)(2) authorizes motions to dismiss for lack of personal jurisdiction. Click on the links below to download documents related to the Settlement. Id. This factor primarily concerns "where the witnesses and the evidence are likely to be located." See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. Rhode Island is appealing a court ruling that ended the states truck-only tolls. 2012 WL 393614, at *1 (emphasis supplied). Cal. 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. 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. Id. 1988). 2006)). 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. 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. 1993) holding modified by Yahoo! Issued on 04/27/2021. The court denied motions for certification to a California resident class and the portion of the Oklahoma class related to the Oklahoma Business Opportunity Sales Act claims. 1404. As such, the argument regarding fraud and overreaching fails. A. 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 . Manner of Service: email. This factor does not weigh against transfer. 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. This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. JCT argues that neither general nor specific personal jurisdiction exists here. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Good lease to make money. One (1) settlement share for each FLSA Workweek. (Text Only - No Attachment). 2002). Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." Password (8+ characters) Plaintiff opposed, ECF No. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. Id. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. 10 ("Opp. ICOA 23. JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. But after fuel. The Court concludes that the forum selection clause of the ICOA is valid and enforceable. at 24. 5-1, Crowley Decl. at 919. Indeed, the list of pick-ups and drop-offs appended as Exhibit B to the Crowley Declaration shows that twelve of the twenty-five loads that JCT assigned to Huddleston had origin or destination points within the state of California. 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. He testifies in his declaration that litigating in Oklahoma would impose substantial travel costs, including airfare, rental cars, and hotel stays; that if he were to miss "any significant time away from work," his employer may withhold work or terminate his position entirely; and that being the primary wage-earner means that missed wages may threaten his ability to support his family. R. Civ. Id. "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." Report this profile . [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. Manner of Service: email. [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. 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." 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. RLM [Entered: 03/12/2021 04:57 PM], [10814509] Civil case docketed. Still others have found that they are neither tort nor contract claims. The Court applies federal law to the interpretation and enforcement of a forum-selection clause. 14-CV-05530-WHO, 2015 WL 899294, at *3-4 (N.D. Cal. None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. Job Summary The Parts Coordinator is responsible for taking parts order, dealing one-on-one with mechanics and drivers. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. Co, 134 S.Ct. Reply at 3. If you have money saved in your account or money they owe you for loads you have delivered they will pay . Atl. See, e.g., Brandi v. Belger Cartage Serv., Inc., 842 F. Supp. However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." App. C. Forum-Selection Clause And 28 U.S.C. Here you can view your weekly settlements, insurance and contracts. 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. CV 05-4928-NM EX, 2006 WL 8074721, at *3 (C.D. ***TIDBIT TUESDAY*** QualComm Message Reinder: Every Friday around 10:00 am you receive a message from the driver settlement department on your qual comm. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. Huddleston I, slip. Thread Status: Not open for further replies. 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. TEXT ONLY ORDER: The parties having announced a settlement, they are to submit an agreed order of dismissal to the District Judge on or before 9/1/15. Robles v. Comtrak Logistics, Inc., No. See Fed. [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. Federal judges approved separate class certifications for divers in Oklahoma and California. 2010))). at 13-14 (emphasis in original). As a part of this settlement, Defendant has also agreed to release Class Members that are former drivers as of the date of final approval from all known and unknown monetary claims. In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. 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. The most common ethnicity at John Christner Trucking is White (66%), followed by Hispanic or Latino (11%) and Black or African American (10%). 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. More than 3,000 truck drivers were involved. 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. 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. 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. 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. Served on: 03/25/2021. 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." Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. Proc. Opp. Response date set to 04/14/2021 for Carolyn H. Cottrell. Arising Out Of Forum-Related Activities. 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. 10-1, Huddleston Decl. 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. 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. 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."). Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. Because the state of California is the real party in interest in this "quasi-administrative enforcement action," Huddleston argues, the state has a strong interest in having the case litigated at home. Class Counsel will be paid from the Gross Settlement Amount of $9,250,000.00. When the parties' contract contains a forum selection clause, however, the "calculus changes" and district courts must adjust their usual Section 1404(a) analysis in three ways: (1) the plaintiff's choice of forum merits no weight; (2) arguments about the parties' private interests should not be considered; and (3) a 1404(a) transfer of venue "will not carry with it the original venue's choice-of-law rules." "), and JCT replied, ECF No. IT IS SO ORDERED. 4:20-CV-00638 | 2020-12-07, U.S. District Courts | Contract | Manner of Service: email. 2004). England Case $37,800,000 Settlement Concluded; Refusal to Drive Unsafe Truck - Driver Awarded $55k; Franchisor's Non-competition Injunction Denied. 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." Cal. The lawsuit was filed in 2017. C 12-03959 WHA, 2012 WL 6087399, at *4 (N.D. Cal. Manner of Service: email. ECF No. 2015) (construing similar contract and holding that "while Plaintiffs' misclassification claims 'relate to' the ICOA (and thus trigger the forum-selection clause) they would likely not be governed by Arizona law, as only 'the agreement' itself is governed by such law"). 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." John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. [Please open the Notice for important information.] . 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. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], [10817921] Docketing statement filed by Thomas Huddleston. ECF No. 1. (citing Iskanian for the proposition that representative PAGA claims may be brought in forums other than California state courts). 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. The trucking company also contended that the state labor laws in Oklahoma, not California, govern the alleged employment relationship between Huddleston and John Christner Trucking. (10/24/19 Mot hrng & 12/09/20 Sched conf.). I would still be there if I were able to still be there. John Christner founded JCT in 1986 with only 2 trucks. John Christner Trucking - Inc. John Christner Trucking LLC. Now as a fleet of over 800 trucks, John has had the support of many throughout the years, including his two sons Danny & Darryl. Manner of Service: email. ECF No. Opp. 410.10 (2004). [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). "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.'" John Christner Trucking Just Sold To Hirschbach Trucking 5 Min Ago Grab some Mutha Trucker Gear@ https://theasianmaishow.com/ For information . 2d 1115, 1126 (E.D. at 294. Hirschbach Motor Lines today announced the completion of the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. at *3-*4 and thus had broader reach than the choice-of-law provision in the ICOA here. Id. How will the Attorneys for the Class Members be paid? Fifth, the question of efficient judicial resolution is neutral. 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." Id. Huddleston has also presented a prima facie case under the purposeful availment test. 3d 1199, 1207 (C.D. Huddleston Decl. 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. On average, employees at John Christner Trucking stay with the company for 2.3 years. Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. 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. Served on 03/12/2021. Served on: 03/25/2021. [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. 9. 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. John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. Yahoo, 433 F.3d at 1206; Schwarzenegger, 374 F.3d at 802. 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." M/S Bremen, 407 U.S. at 18. The purposeful-direction requirement is satisfied. John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. Murphy, 362 F.3d at 1140 (quoting M/S Bremen., 47 U.S. at 17). 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. CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. See Local Rule 230(g). 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. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] 1999), or that it is the "best" venue. Id. Leaked News! The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. 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 . M/S Bremen, 407 U.S. at 1. Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. ECF No. This website is designed and maintained by the Settlement Administrator for the lawsuit known as Huddleston v. John Christner Trucking, LLC . Education funding and standards, certain business incentives, health care and transportation will be the lobbying priorities for the Tulsa Regional Chamber's OneVoice state legislative agenda this . This is an estimate of what your fixed expenses and variable expenses may be. 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). Dubuque, Iowa-based Hirschbach Motor Lines announced the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. Yahoo! Co. v. Glasbrenner, 417 F.3d 353, 356 (2d Cir. Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. Court for W. Dist. Manner of Service: email. All Rights Reserved. ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. We have the right trucks, the right freight, the right people. 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. The clause here is clearly marked; the section header is bolded, and the forum-selection provision is in capital letters. 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. | All Rights Reserved. The combined revenue of both companies will surpass $1 billion and propel . Marine, 134 S. Ct. at 581. The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. 4:21-CV-00132 | 2021-03-24, U.S. District Courts | Other | . Served on 03/24/2021. The ICOA's choice-of-law provision is narrower than the forum-selection clause. When a case concerns enforcement of a forum-selection clause, 1404(a) provides a mechanism for its enforcement and "a proper application of section 1404(a) requires that a forum-selection clause be given controlling weight in all but the most exceptional cases." Do yourself a favor and keep looking. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. Served on 03/25/2021. 10-1. 3d at 1207 n.6. To calculate your estimated compensation package at JCT: Select OWNER OPERATOR or LEASE PURCHASE. 2d 1262, 1269 (W.D. Co., 417 F.3d at 357. . Christner Trucking was facing a class-action lawsuit. Please do not contact the court. The combined revenue of both companies will exceed $1 billion and will propel Hirschbach to be one of the nation's largest refrigerated carriers. Farm Credit W., PCA v. Lanting, No. 1995). Id. July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. 2012). No money will revert to Defendant. Iskanian v. CLS Transp. Manner of Service: email. For the precise terms and conditions of the Settlement, please see the Joint Stipulation of Settlement and Release of Class and Collective Action available in the documents section of this website, contact Class Counsel toll-free at (800) 689-0024, or access the Court docket in this case, for a fee, through the Courts Public Access to Court Electronic Records (PACER) system at https://ecf.oknd.uscourts.gov/. John Christner Trucking adds 800 trucks to the Hirschbach fleet. If you do not agree with these terms, then do not use our website and/or services. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] In Shute v. Carnival Cruise Lines, the Ninth Circuit reasoned that "[t]he 'but for' test is consistent with the basic function of the 'arising out of requirementit preserves the essential distinction between general and specific jurisdiction. This message tells you what trips have. Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. 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." 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. 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. 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. John Christner Trucking Case Summary On 03/11/2021 Huddleston filed a Labor - Labor Standard lawsuit against John Christner Trucking. 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. . Cancellation and Refund Policy, Privacy Policy, and CIVF 07-1321 AWI SMS, 2007 WL 3341389, at *7 (E.D. 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. 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 lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518.
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