Plaintiff Thomas Huddleston brings this wage-and-hour putative class action lawsuit against defendant John Christner Trucking, LLC ("JCT"). 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. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. 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. [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. Yahoo, 433 F.3d at 1206; Schwarzenegger, 374 F.3d at 802. Instead, the federal circuit courts appear to agree that venue may be proper in multiple districts if a "substantial part" of the underlying events took place in each of those districts. Public Records Policy. at 581. Federal Rule of Civil Procedure 12(b)(2) authorizes motions to dismiss for lack of personal jurisdiction. Plaintiff and the Class Members are represented by the following attorneys acting as Class Counsel: Carolyn H. CottrellDavid C. LeimbachMichelle S. LimSCHNEIDER WALLACECOTTRELL KONECKY LLP2000 Powell Street, Suite 1400Emeryville, CA 94608Telephone: (800) 689-0024Facsimile: (415) 421-7105ccottrell@schneiderwallace.comDLeimbach@schneiderwallace.commlim@schneiderwallace.com, Robert S. BoulterLAW OFFICES OF ROBERT S. BOULTER1101 Fifth Avenue, Suite 310San Rafael, California 94901Telephone: (415) 233-7100rsb@boulter-law.com. As to the ICOA, he testifies that when he was in Oklahoma for orientation, he was told that the ICOA was nonnegotiable, was told that it was offered on a take-it-or-leave-it basis, and that the forum-selection clause and its effects were never explained to him. See also Narayan, 616 F.3d at 899; Quinonez v. Empire Today, LLC, No. NEW! 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." 12. 1. 2011). COO John Christner Trucking, LLC . Response date set to 04/14/2021 for David C. Leimbach. Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." [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. Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding. 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." Huddleston Decl. ; statutory penalties, civil penalties under PAGA, California Labor Code 2699 et seq., all claims for constructive fraud and negligent misrepresentation; and all claims for unjust enrichment (Released Claims). Our . Company Contact Info John Christner Trucking LLC 19007 W Highway 33 Sapulpa, OK 74066 918-227-1600 918-248-3085 Cargo Hauled by John Christner Trucking LLC Fresh Produce General Freight Meat Refrigerated Food LaCross v. Knight Transportation, Inc., 95 F. Supp. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. . 17-cv-02081-RS ("Huddleston I"), slip op. "[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." 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." 1995). Id. 2014) (citing Murphy, 362 F.3d at 1141). This factor does not weigh against transfer. 9. Who are the attorneys representing Defendant John Christner Trucking, LLC? This website is designed and maintained by the Settlement Administrator for the lawsuit known as Huddleston v. John Christner Trucking, LLC . 2012 WL 393614, at *1 (emphasis supplied). 1337, 1341-42 (D. Kan. 1994) ("[G]iven the nationwide nature of Professional's transportation brokerage service, it should certainly have foreseen the possibility of litigation arising in a state through which it had arranged for the shipment of goods. [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. Mot. Served on 03/12/2021. [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. For tax reporting purposes, all Individual Settlement Amounts will be reported on an U.S. Internal Revenue Service (IRS) 1099 Form. John Christner Trucking Just Sold To Hirschbach Trucking 5 Min Ago Grab some Mutha Trucker Gear@ https://theasianmaishow.com/ For information . In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. The purposeful-direction requirement is satisfied. One (1) settlement share for each FLSA Workweek. 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. "The party challenging the clause bears a 'heavy burden of proof.'" John Christner Trucking, LLC, N.D. Oklahoma (Case No. See Dole Food Co. v. Watts, 303 F.3d 1104, 1114 (9th Cir. Huddleston has submitted an affidavit outlining the "prohibitive" financial hardship associated with litigating this case in Oklahoma, Huddleston Decl. 10. Marine, 134 S. Ct. at 584. 8. Who are the attorneys representing Plaintiff and the Class Members? 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. 1404. at 581. ECF No. JCT was started in 1986 by the John Christner. JCT Logistics Team Executive Team VP of Brokerage Operations Cory J. Manzi Direct: 918-347-2370 corymanzi@jctlogistics.com VP of Account Management Dustin Byrd Direct: 918-347-2344 dustinbyrd@jctlogistics.com LEADERSHIP TEAM East Loren Benjar Direct: 918-347-2353 LorenBenjar@jctlogistics.com Central Hilda Aviles Direct: 918-347-2372 Id. 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 . 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. JOHN CHRISTNER TRUCKING, LLC, Defendant. If you object to the Settlement, you cannot opt out of the Settlement, and you will be bound by the terms of Settlement in the event the Court denies your objection. at *4. With combined revenues expected to exceed $1 billion annually, the reefer conglomerate will operate more than 3,000 trucks and . 14-CV-05530-WHO, 2015 WL 899294, at *3-4 (N.D. Cal. 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. You will, have to pay for your own DOT physical and drug screen, your first settlement will be -$111.00(YES NEGATIVE), relay . (citing Iskanian for the proposition that representative PAGA claims may be brought in forums other than California state courts). 1979). 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. 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). The DM speaks to their Drivers poorly and use profanity. Holliday, 2010 WL 3910143, at *3-*4. 1:11-CV-02009 LJO, 2012 WL 393614, at *3-4 (E.D. This factor primarily concerns "where the witnesses and the evidence are likely to be located." The ICOA's choice-of-law provision is narrower than the forum-selection clause. 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. The lawsuit also claimed that it wasn't uncommon for drivers to receive negative paychecks. But after fuel. Personal Jurisdiction. Huddleston contends that because thirteen of the nineteen causes of action are based on California law, a California federal court will be better equipped to apply California state law than an Oklahoma court would be. 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. The Court concludes that the forum selection clause of the ICOA is valid and enforceable. Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. Mot. Submit. 20-610 | 2020-11-09, U.S. District Courts | Contract | Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. JCT keeps all company records at its Oklahoma headquarters and dispatches drivers from there. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. Management. . ECF No. Manner of Service: email. Thus, this factor is not at issue. Thread Status: Not open for further replies. Co, 134 S.Ct. In contract cases, courts generally apply the purposeful availment test, while in tort cases they use the purposeful direction analysis. ICOA 23. Here you can view your weekly settlements, insurance and contracts. Response date set to 04/14/2021 for Michelle S. Lim. 752, et seq. Atl. 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. Dubuque, Iowa-based Hirschbach Motor Lines announced the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. The Court begins its analysis with JCT's challenge to personal jurisdiction. 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." 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. 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. This language has broad reach, and because Huddleston's claims concern the relationship created by the ICOA, which created the working relationship between the parties, his claims fall within the scope of the forum-selection clause. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Tenth Circuit. 2015); Robles, 2015 WL 1530510, at *4. Select SOLO DRIVER or TEAM DRIVER. Christner Trucking was facing a class-action lawsuit. On average, employees at John Christner Trucking stay with the company for 2.3 years. Preliminary record filed. We are all in this together. 1391. Huddleston has also presented a prima facie case under the purposeful availment test. at 6-7 (N.D. Cal. at 24. C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] Iskanian v. CLS Transp. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. Perry, 2011 WL 4080625, at *5. The agreement sought to impose New York law, with the potential effect of displacing unwaivable California statutory protections to which the plaintiffs would otherwise be entitled, id. 1995). JCT contracted with Huddleston (a California resident) to pick up and drop off cargo in California, which is enough to satisfy the test. The opinion in Waffle House was fairly narrow and distinguishable from the facts here. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. 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." 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. 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. (internal quotation marks omitted)). 206, et seq. 4:21-CV-00132 | 2021-03-24, U.S. District Courts | Other | Phone: 8003241900. 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. Served on 03/25/2021. We've also provided a list of contacts should you have any questions. The settlement administrator will notify you of the decision on the dispute. (Filing fee $ 400, receipt number 0972-7154708) (Attachments: # 1 Civil Cover Sheet) (Cottrell, Carolyn) [Transferred from California Eastern on 9/28/2017.] at 919. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). Huddleston has failed to provide any evidence that the Contract's terms regarding forum selection were not clearly communicated in the ICOA or that the inclusion of the forum selection clause was the product of fraud or overreaching. See, e.g., Brandi v. Belger Cartage Serv., Inc., 842 F. Supp. Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. Plaintiff bears the burden of showing that venue is proper. If you mail a written objection, you may also, if you wish, appear at the Final Approval Hearing to discuss your objection with the Court and the parties. 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. This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. 12-CV-06133-LHK, 2014 WL 3962647, at *4 (N.D. Cal. Served on 04/27/2021. 1391 (d). shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. C. 28 U.S.C. Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. According to the complaint, Huddleston worked as an "owner-operator" for JCT until August 2016. 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." The Court disagrees. 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. John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. Id. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. Huddleston has presented no case law to support the idea that PAGA cases are exempt from application of forum-selection clauses and has offered no explanation why the Northern District of Oklahoma could not fairly adjudicate these claims. [Please open the Notice for important information.] 2d 1262, 1269 (W.D. B. This constitutes some purposeful injection into California and supports the reasonableness of the exercise of personal jurisdiction over JCT. After deductions of these amounts, what remains of the Gross Settlement Amount, or the Net Settlement Amount, will be available to pay monetary Individual Settlement Amounts to (i) Plaintiff; and (ii) Class Members who do not opt out of the Settlement (collectively, Class Participants). 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. 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." No money will revert to Defendant. 5-3, Huddleston v. John Christner Trucking, LLC, No. Class Counsel will file a Motion for Attorneys Fees and Costs with the Court. Certificate of Interested Parties: No. Co., 417 F.3d at 357. [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). at 297. [21-5025] [Entered: 04/19/2021 04:25 PM], Docket[10822480] Attorney Ms. Michelle S. Lim for Thomas Huddleston admitted to the bar of this court. LaCross, 95 F. Supp. See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. 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." "'[A] party challenging enforcement of a forum selection clause may not base its challenge on choice of law analysis.'" John Christner Trucking - Inc. John Christner Trucking LLC. ; all claims for deceptive and unfair trade practices under the Oklahoma Consumer Protection Act, 15 Okla. Stat. This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). at 13-14 (emphasis in original). ECF No. See also Kia Motors Am., Inc. v. MPA Autoworks, No. # 9). CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. Marine Const. at 294. 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 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D.