john christner trucking settlement

C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. 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." See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 464 (1985). "); Turner v. Syfan Logistics, Inc., No. 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 Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. "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." That test requires showing that the defendant (1) has committed an intentional act; (2) expressly aimed at the forum state; (3) causing harm that the defendant knows is likely to be suffered in the forum state. Id. Id. Farm Credit W., PCA v. Lanting, No. Cases involving labor standard violations, Fair Labor Standards Act (FLSA) - 29 USC 201, [10826612] On the court's own motion and pursuant to 10th Cir. Manner of Service: email. 1404. Last year's revenues were $185 million, and the company expects to reach $200 million this year. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. [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. Id. The Court begins its analysis with JCT's challenge to personal jurisdiction. See also Kia Motors Am., Inc. v. MPA Autoworks, No. Feb. 6, 2012). Served on 03/24/2021. See Fed. See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. CERT. 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. Case Details Parties Documents Dockets Case Details Case Number: 21-5025 Filing Date: To do so, send a letter to the settlement administrator explaining the basis for your dispute and attach copies of the supporting evidence. Plaintiff Thomas Huddleston brings this wage-and-hour putative class action lawsuit against defendant John Christner Trucking, LLC ("JCT"). If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. This Settlement is a compromise and is not an admission of liability on the part of Defendant. 5-1, Crowley Decl. 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. 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." This field is for validation purposes and should be left unchanged. . Wash. 2005). 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." 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. 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. 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. Indeed, courts have found the requirements of specific personal jurisdiction satisfied where a shipping company contracts to ship goods from one state to a second state and a cause of action arises in a third state through which the goods were passing. Plaintiff bears the burden of showing that venue is proper. ICOA 23. LaCross v. Knight Transportation, Inc., 95 F. Supp. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], [10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Huddleston seeks to represent other "owner-operators" in a collective action under the Fair Labor Standards Act ("FLSA") and class actions under California and Oklahoma law. "[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." Public Records Policy. Huddleston has submitted an affidavit outlining the "prohibitive" financial hardship associated with litigating this case in Oklahoma, Huddleston Decl. Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. 12 ("Reply"). Certificate of Interested Parties: Yes. Id. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). A former safety manager for a California company has been sentenced to probation for a conspiracy involving the illegal repair of cargo tanks. 1406(a), which provides that "[t]he district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought." IT IS SO ORDERED. Id. The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. You do not take home any money. In contract cases, the Ninth Circuit inquires whether a defendant "purposefully avails itself of the privilege of conducting activities" or "consummate[s] [a] transaction" in the forum, focusing on activities such as delivering goods or executing a contract. John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. "As a general matter, California courts will enforce adequate forum selection clauses that apply to non-waivable statutory claims, because such clauses do[ ] not waive the claims, they simply submit their resolution to another forum." 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. Manner of Service: email. 2002). While the contracts will likely be used as evidence to prove or disprove the statutory claims, the claims do not arise out of the contract, involve the interpretation of any contract terms, or otherwise require there to be a contract."). 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." Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. 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"). Following redistribution, any unclaimed monies will be paid to Legal Services Corporation. (citing Carnival Cruise Lines, 499 U.S. at 595. The original complaint alleged that truck drivers for John Christner Trucking often worked 70-100 hours per week while being paid less than $500. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. [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). OF INTERESTED PARTIES: y. Updated May 4, 2022. john christner trucking Inc. John Christner Trucking. [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. 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. Thumbnails Document Outline Attachments Layers. 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. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. They say lease purchase but you have to lease for 5 yrs before u can own it. We have the right trucks, the right freight, the right people. Manner of Service: email. JOHN CHRISTNER TRUCKING, LLC, Defendant. Gulf Ins. 1995). Defendant further denies that it misled any Class Member about its lease operator program. 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). By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. Line, Inc. v. Wartsila N. [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. CIVF 07-1321 AWI SMS, 2007 WL 3341389, at *7 (E.D. Id. I would still be there if I were able to still be there. ECF No. 2d 204, 213 (W.D.N.Y. 1988). ECF No. Submit. Opp. 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. The case status is Pending - Other Pending. Adjust the GREEN FIELDS below. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. ECF No. If you would like additional information or have any non-legal questions, please contact the Huddleston v. JCT Settlement Administrator: Huddleston v. JCT SettlementAdministratorP.O Box 10269Tallahassee, FL 32302-2269 claims@ssiclaims.com(855) 458-3918, This website is designed and maintained by the Settlement Administrator for thelawsuit known as Huddleston v. John Christner Trucking, LLC. You pay about $1000 week for lease with good miles. [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. The Court has not ruled on the merits of Plaintiffs claims or Defendants defenses. Your written objection must state whether you will attend the Final Approval Hearing, and your written notice of your intention to appear at the Final Approval Hearing must be filed with the Court and served upon Class Counsel and Defendants counsel on or before Saturday, September 24, 2022. Under California's long-arm statute, courts may exercise personal jurisdiction "on any basis not inconsistent with the Constitution of this state or of the United States." (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. 2007) (citing Murphy, 362 F.3d at 1141; E.J. "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." (Text Only - No Attachment). Do yourself a favor and keep looking. 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." 2011). 2d 1115, 1126 (E.D. 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. Compare Gonzalez v. Crete Carrier, Consequently, when evaluating a 1404(a) motion based on a forum-selection clause, a court should transfer, Full title:THOMAS HUDDLESTON, individually and on behalf of all others similarly, Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, In Huddleston, Chief Judge O'Neill of this district confronted a materially identical clause: "This Agreement shall be interpreted in accordance with, and governed by the laws of the United States and, of the State of Oklahoma.". Thus, this factor is not at issue. John Christner Trucking, LLC, N.D. Oklahoma (Case No. Id. at 1125. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972). Category: Trucking Companies. Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse. Huddleston alleges in the Complaint that he "would regularly engage in JCT's business in various locations within this judicial district, including but not limited to Fresno, Stockton, Tulare, Newman, Turlock, Modesto, Merced, Madera, and Livingston." "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." 5) I. John Christner Trucking Just Sold To Hirschbach Trucking 5 Min Ago Grab some Mutha Trucker Gear@ https://theasianmaishow.com/ For information . Case information including a copy of the complaint can be found here . Join Our Community Today! RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. Preliminary record filed. Manner of Service: email. However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable."

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