Have you been screwed by John Christner Trucking yet? . 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 . 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. Although the ICOA "will likely be used as evidence" to support Huddleston's statutory claims, his "claims do not arise out of the contract, involve the interpretation of any contract terms, or otherwise require there to be a contract" in the first place. Cal. Robles v. Comtrak Logistics, Inc., No. 3:21-CV-01669 | 2021-07-20, Dallas County District Courts | Personal Injury | 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. 9. Feb 17, 2022. The Released Claims include, but are not limited to, all wage and hour claims, whether known or unknown, at law or in equity, which Plaintiff and the Class Members may now have or may have as of the execution of the Joint Stipulation of Settlement and Release of Class and Collective Action under the wage orders of the California Industrial Welfare Commission, or other federal, state, or local law, claims for penalties under California Private Attorneys General Act, all claims for failure to pay minimum wages under California law, all claims for failure to pay for all hours worked under California law, all claims for failure to authorize and permit and/or make available meal and rest periods pursuant to the California Labor Code (Labor Code), all claims for failure to reimburse for necessary business expenses under Labor Code 2802, all claims for failure to maintain proper payroll records under Labor Code 1174, all claims for failure to provide accurate itemized wage statements under Labor Code 226, all claims regarding coerced purchases under Labor Code 450, all claims regarding willful misclassification under Labor Code 226.8, all claims for waiting time penalties under Labor Code 201-204, all claims for unlawful business practices under the California Business and Professions Code 17200, et seq., all claims for the unlawful sale of business opportunities under the Oklahoma Business Opportunity Sales Act, 71 Okla. Stat. Response date set to 04/14/2021 for David C. Leimbach. See Local Rule 230(g). 752, et seq. Discussion in 'Report A BAD Trucking Company Here' started by GipsySoul, Sep 26, 2012. 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). 1998). Id. 4:20-CV-00638 | 2020-12-07, U.S. District Courts | Contract | at 24. There is nothing to indicate that the provision was the product of undue influence or overreaching. Hirschbach Motor Lines acquires John Christner Trucking 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. "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." 2002). Served on: 03/25/2021. at 24. "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." "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." Served on 03/12/2021. 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. 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. 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."). . John Christner Trucking Reviews - Glassdoor at 581. John Christner Trucking LLC Sapulpa, OK. Quick Apply. 10-1, Huddleston Decl. at 581-82. On average, employees at John Christner Trucking stay with the company for 2.3 years. --------. Christner Trucking was facing a class-action lawsuit. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. 71st St., Suite 200Tulsa, OK 74136Telephone: (918) 970-2000Facsimile: (918) 970-2002. You make about $3600 per week. Marine, 134 S. Ct. at 583. 2011). | All Rights Reserved. Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. at *4. In support of its motion to dismiss, JCT submits, inter alia, a declaration from Shannon Crowley, Vice President of Risk Management. R. Civ. The plaintiff bears the burden of satisfying the first two prongs of the test. 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. However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." Whether JCT violated the California Labor Code and Wage Orders will be answered not by looking to the ICOA but instead by the statutes and regulations governing Huddleston's claims. [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. C 12-03959 WHA, 2012 WL 6087399, at *4 (N.D. Cal. Court for W. Dist. 20-6072 | 2020-05-21. Manner of Service: email. Plaintiff and Class Participants should consult with their own tax advisors concerning the tax consequences of the Settlement based on their Individual Settlement Amount. 206, et seq. Response date set to 04/14/2021 for Michelle S. Lim. . It is unlawful for Defendant to take any adverse action against you as a result of your participation in this Settlement. John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Hirschbach builds national footprint through M&A (Photo: Hirschbach) Refrigerated carrier Hirschbach announced Wednesday the acquisition of John Christner Trucking (JCT). 2004) (internal citation and quotation marks omitted). When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. Joint Stipulation of Settlement Agreement and Release of Class and Collective Action, This website is designed and maintained by the Settlement Administrator for thelawsuit known as, Huddleston v. John Christner Trucking, LLC, Joint Stipulation of Settlement and Release of Class and Collective Action, All papers filed by Class Counsel to obtain preliminary and final approval of the Settlement Agreement. 2004). 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." Id. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. 897 F.2d 377, 385 (9th Cir. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Id. Apr. 5:16-CV-01221 | 2016-10-21, U.S. District Courts | Intellectual Property | Leaked News! John Christner Trucking Just Sold To Hirschbach - YouTube 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. Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. 21% of John Christner Trucking employees are women, while 79% are men. Copyright 2023 Land Line Magazine & Land Line Now. The policies at issue may have their origin in Oklahoma, but JCT's decision to purposefully direct its activities toward California and apply those policies in this forum give rise to specific personal jurisdiction. With combined revenues expected to exceed $1 billion annually, the reefer conglomerate will operate more than 3,000 trucks and . B. 2011). ECF No. (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . 11-cv-2009 (LJO)(MJS), 2012 WL 393614, at *4 (E. D. Cal. Have you been screwed by John Christner Trucking yet? You will if you 2015). An award-winning journalist and former assistant news editor at The Topeka Capital-Journal, he brings fresh ideas, solid reporting skills, and more than two decades of journalism experience to our staff. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. Id. 5-3, Huddleston v. John Christner Trucking, LLC, No. A. John Christner Trucking, L.L.C. Class Counsel will be paid from the Gross Settlement Amount of $9,250,000.00. Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. (internal quotation marks omitted)). This matter is now ripe for review and is suitable for disposition without oral argument. 12 ("Reply"). at 581 n.6 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 241 n.6 (1981) (internal quotation marks omitted)). It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. 3d 1199, 1206 n.4 (C.D. 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 first, known as "general jurisdiction," exists if the defendant's contacts with the forum are "so substantial and of such a nature as to justify suit against it on causes of action arising from dealings entirely distinct from those activities." 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. 10. 1y+ OTR Owner Operator - Seattle, WA - R.E. Garrison Trucking, Inc. 10-1. Proc. The original complaint alleged that truck drivers for John Christner Trucking often worked 70-100 hours per week while being paid less than $500. A former safety manager for a California company has been sentenced to probation for a conspiracy involving the illegal repair of cargo tanks. No. (Text Only - No Attachment). 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. Still others have found that they are neither tort nor contract claims. Public Records Policy. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. See Gulf Ins. Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. JCT argues that neither general nor specific personal jurisdiction exists here. Weekly Settlement Deduction with JCT (John Christner Trucking) 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. 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. Jane Gantz - Carrier Settlement - John Christner Trucking | LinkedIn John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. The combined revenue of both companies will surpass $1 billion and propel . (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). The Court disagrees. Certificate of Interested Parties: Yes. John Christner Trucking, LLC Company Profile - Datanyze JCT responds that only three of the twenty-five loads that Huddleston performed had pick-ups or deliveries that took place within this district and that in any case, the classification decisions giving rise to this suit took place at JCT's corporate headquarters in Oklahoma and not in California at all.
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