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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. 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. The Court begins its analysis with JCT's challenge to personal jurisdiction. Working at John Christner Trucking: 135 Reviews in US - Indeed See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | Served on: 03/25/2021. Hirshbach buys John Christner Trucking, boosts its reefer carrier ranking Hirschbach acquires John Christner Trucking - Overdrive Phone: 8003241900. 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.. Ripoff Report | John Christner Truc Review - Internet, Internet Cal. Served on 03/25/2021. Any and all claims, demands, causes of action, charges, and grievances, of whatever kind or nature, whether known or unknown, suspected or unsuspected, which Plaintiff and the Class Members now own or hold or have at any time before the Effective Date owned or held against Defendant or any of the Released Parties and which arose out of, are in any way connected to, or that were made or could have been made based on the facts, theories, and claims pled in Plaintiffs Class and Collective Action Complaint (Complaint). 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. 20-6072 | 2020-05-21. [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. If you do not agree with these terms, then do not use our website and/or services. Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. Huddleston I, slip. 1404 And Forum-Selection Clause. 2004). The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. Rhode Island is appealing a court ruling that ended the states truck-only tolls. 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 . Netherland v. John Christner Trucking, L.L.C. (2:14-cv-00183 Driver Resources | John Christner Trucking As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. To be heard at the Final Approval Hearing you must also not opt out of the Settlement. Issued on 04/27/2021. Plaintiff bears the burden of showing that venue is proper. Manner of Service: email. "[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." None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. ECF No. No further written . SAFER Web - Company Snapshot JOHN CHRISTNER TRUCKING LLC - Transportation Iskanian v. CLS Transp. 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. 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. The forum-selection clause here, as discussed above, uses broader language that does cover claims brought "in connection with" the employment relationship, even if they do not rely on interpretation of the ICOA itself. Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. Certificate of Interested Parties: Yes. Mot. See Narayan v. EGL, Inc., 616 F.3d 895, 899 (9th Cir. # 9). Inc., 223 F.3d 1082, 1088 (9th Cir. See Gulf Ins. Huddleston v. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. Case Details Parties Documents Dockets Case Details Case Number: 21-5025 Filing Date: JCT was started in 1986 by the John Christner. Mahoney v. Depuy Orthopaedics, Inc., No. To calculate your estimated compensation package at JCT: Select OWNER OPERATOR or LEASE PURCHASE. There is nothing to indicate that the provision was the product of undue influence or overreaching. COO John Christner Trucking, LLC . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, According to Crowley, JCT does not own or lease any property in California, except for one drop yard it leases in Colton, California. This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. For-Hire Companies | Transport Topics Huddleston argues that his claims brought pursuant to the Private Attorney General Act ("PAGA") are of such a strong local nature that they should be litigated in California. Id. Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. Dec. 6, 2012). Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011). 30-31, Ex. 3:21-CV-01669 | 2021-07-20, Dallas County District Courts | Personal Injury | [21-5025] [Entered: 03/11/2021 03:45 PM], Dallas County Texas Courts | Personal Injury | (Text Only - No Attachment). Manner of Service: email. [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. Response date set to 04/14/2021 for David C. Leimbach. We've also provided a list of contacts should you have any questions. However, "the Ninth Circuit has rejected the argument that unequal bargaining power is a ground to reject enforcement of a forum selection clause in an employment contract." Marine, 134 S. Ct. at 584. Rather, "for venue to be proper, significant events or omissions material to the plaintiff's claim must have occurred in the district in question, even if other material events occurred elsewhere." Served on 03/12/2021. Make your practice more effective and efficient with Casetexts legal research suite. The failure to submit a written objection as a prerequisite to appearing in court to object to the settlement may be excused upon a showing of good cause. Certificate of Interested Parties: No. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. Cancellation and Refund Policy, Privacy Policy, and 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? Fifth, the question of efficient judicial resolution is neutral. 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. ECF No. (internal quotation marks omitted)). "The scope of the claims governed by a forum selection clause depends [upon] the language used in the clause." 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). (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. You do not take home any money. See 28 U.S.C. All current and former individuals who provide transportation services for John Christner Trucking within the United States, who entered into an independent contractor operator agreement with JCT and entered into a lease agreement with either JCT or Three Diamond Leasing. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). 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. 1999), or that it is the "best" venue. Sign up for our weekly newsletter today! 5). 1993) holding modified by Yahoo! ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. 4th 15, 21 (2012) (holding that a lawsuit "to enforce rights arising under the Labor Code benefitting employees but not independent contractors" did not "concern the application or interpretation of the" parties' employment agreements because the "petitioners' rights under the Labor Code are distinct from their contractual rights under the [a]greements"). International Shoe Co. v. Washington, 326 U.S. 310, 318 (1945). This message tells you what trips have. . THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. B. 7. Weekly Settlement Deduction with JCT (John Christner Trucking) Code Ann. Huddleston v. John Christner Trucking, LLC - Casetext ECF No. Huddleston claims JCT misclassified its "owner-operators" as independent contractors, rather than employees, and thus violated a variety of state and federal labor laws, including those governing payment of wages, minimum wage, meal and rest breaks, and wage reporting. CLAIRE V. EAGAN UNITED STATES DISTRICT JUDGE OPINION AND ORDER Now before the Court is Defendants John Christner Trucking, LLC and Three Diamond Leasing, LLC's Motion to Dismiss and Brief in Support (Dkt. Parts Coordinator. 2010))). ECF No. RLM [Entered: 03/12/2021 04:57 PM], [10814509] Civil case docketed. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. 17-cv-02081-RS ("Huddleston I"), slip op. Feb. 6, 2012). at *4. 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. 2021-06-11, U.S. Courts Of Appeals | Other | If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. JCT argues in the alternative that even if this Court does have specific personal jurisdiction and venue is proper in this District, the case should be transferred to the Northern District of Oklahoma pursuant to 28 U.S.C. 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." Danny Christner - Chief Executive Officer - John Christner Trucking See Atl. A review of the distirct court docket shows transcripts ordered were already on file. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. Made in Oklahoma: John Christner Trucking Inc. This website is designed and maintained by the Settlement Administrator for the lawsuit known as Huddleston v. John Christner Trucking, LLC . Huddleston v. John Christner Trucking, LLC, 1:17-cv-00925-LJO-SAB (E.D. In re John Christner Trucking, LLC - casetext.com Certificate of Interested Parties: Yes. 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. Holliday, 2010 WL 3910143, at *3-*4. Certificate of Interested Parties: No. At John Christner Trucking, our primary focus is on truckload transportation, with an emphasis on temperature controlled products. John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. Civ. Id. Hirschbach Motor Lines today announced the completion of the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). Because the parties' private interests should not be considered, the district court may consider only arguments about public-interest factors. 12. 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 Schedule Monday - Friday 1:30pm - 10:30pm. Id. 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. Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. Response date set to 04/14/2021 for Carolyn H. Cottrell. Served on 03/24/2021. LaCross, 95 F. Supp. Defendant contends that it properly classified Class Members as independent contractors, and that the policies challenged by Plaintiff, including those regarding payment for time worked, meal breaks, rest breaks, and expense reimbursements, are lawful and have been lawful throughout the relevant time period. 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. Huddleston "alleges that JCT contracts with California residents and instructs them (and others) to make pick-ups and drop-offs in California. Cal. Click UPDATE at the bottom of the calculator. 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." 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. 4:17-cv-00549-GKF-CDL). (10/24/19 Mot hrng & 12/09/20 Sched conf.). John Christner Trucking LLC (Oklahoma Transport Company) The Crowley declaration includes as an exhibit a copy of the "Independent Contractor Operating Agreement" ("ICOA") that Huddleston signed. The settlement administrator will determine all Individual Settlement Amounts based on Defendants records of the weeks worked by Class Members. John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. 8:20-CV-00421 | 2020-10-14, U.S. District Courts | Contract | 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."). The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. Id. The DM speaks to their Drivers poorly and use profanity. gimme fonts My experience working at John Christner Trucking was a good experience. For tax reporting purposes, all Individual Settlement Amounts will be reported on an U.S. Internal Revenue Service (IRS) 1099 Form. JCT also argues for transfer to the Northern District of Oklahoma pursuant to 28 U.S.C. INTRODUCTION Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. 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." Served on 04/27/2021. Defendant is represented by the following attorneys: Christopher J. Eckhart Angela S. Cash Karen B. Reisinger SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C. 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. 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." 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. 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. 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. 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. JCT keeps all company records at its Oklahoma headquarters and dispatches drivers from there. . The Oklahoma class, specifically, claimed that the trucking companys marketing practices violated the Oklahoma Consumer Protection Act and the Oklahoma Business Opportunity Sales Act. Reply at 6-8. Submit. 12. In general, managers at John Christner Trucking are good to work with. John christner trucking settlement at 582. There are two kinds of personal jurisdiction that a court may exercise over an out-of-state defendant. Huddleston does not argue that the Court could exercise general jurisdiction over JCT but contends that the Court does have specific jurisdiction over JCT. Served on 03/24/2021. Co. v. Glasbrenner, 417 F.3d 353, 356 (2d Cir. 2011). DECLARATION OF KAREN BUTLER REISINGER RE DEFENDANT'S CLASS ACTION FAIRNESS ACT SETTLEMENT NOTICE by John Christner Trucking, LLC (With attachments) (Reisinger, Karen) Defendant further denies that it misled any Class Member about its lease operator program. (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). M/S Bremen, 407 U.S. at 1. at 9. 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. Manner of Service: email. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. The purposeful-direction requirement is satisfied. Aug. 13, 2014). 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." 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." Core-Vent Corp. v. Nobel Indus. Hirschbach builds national footprint through M&A (Photo: Hirschbach) Refrigerated carrier Hirschbach announced Wednesday the acquisition of John Christner Trucking (JCT). According to the complaint, Huddleston worked as an "owner-operator" for JCT until August 2016. Huddleston has submitted no evidence of court congestion particular to Oklahoma as opposed to California. 2d 1262, 1269 (W.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. JCT Customers | John Christner Trucking Enforceability Of Forum-Selection Clause. Huddleston asserts that while JCT representatives outlined certain provisions of the ICOA prior to his signing it, he was unaware of the forum-selection clause and its implications. 2004) (internal citation and quotation marks omitted). 0. Response date set to 04/14/2021 for Michelle S. Lim. Why one international organization is joining the fight. OF INTERESTED PARTIES: n. Served on 03/12/2021. 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. 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. 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. Line, Inc. v. Wartsila N. Have you been screwed by John Christner Trucking yet? Click on the links below to download documents related to the Settlement. Manetti-Farrow, Inc. v. Gucci Am., Inc., 858 F.2d 509, 513 (9th Cir. It is thus not Huddleston's personal choice to live in California which drives the jurisdictional analysis, but JCT's choice to dispatch deliveries to and from California which does." Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. John Christner Trucking Employee Reviews for Driver - Indeed 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. [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. Class Counsel will be paid from the Gross Settlement Amount of $9,250,000.00. LaCross, 95 F. Supp. See Piedmont Label Co. v. Sun Garden Packing Co., 598 F.2d 491, 496 (9th Cir. Manner of Service: email. --------. . jct Logistics - JCT Logistics Reply at 3. Huddleston v John Christner Trucking | 21-5025 | Court Records - UniCourt Select SOLO DRIVER or TEAM DRIVER. [a] forum [selection] clause should control absent a strong showing that it should be set aside." Christner Trucking was facing a class-action lawsuit. "We are proud to partner with WorkAdvance and provide Tulsans with employment opportunities," said Angie Buchanan, vice president of Melton Truck Lines. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). Thus, this factor is not at issue. 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.

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