Hirschbach to acquire John Christner Trucking - TheTrucker.com Certificate of Interested Parties: Yes. See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). John Christner Trucking JCT Never lease with this company as long as BA and JM are there. Forum-selection clauses are also scrutinized for "fundamental fairness," and may be deemed unfair if inclusion of the clause was motivated by bad faith, or if the party had no notice of the forum provision. Objections shall only be considered if the Class Member has not opted out of the Settlement. 5-3, Huddleston v. John Christner Trucking, LLC, No. Your decision as to whether or not to participate in this Settlement will in no way affect your work or relationship with Defendant or future work or relationship with Defendant. "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." Federal judges approved separate class certifications for divers in Oklahoma and California. [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. Tiffany Lalim - Driver Settlement - John Christner Trucking, LLC | LinkedIn 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. Huddleston "alleges that JCT contracts with California residents and instructs them (and others) to make pick-ups and drop-offs in California. Marcotte, 2014 WL 4477349, at *8 (quoting Besag v. Custom Decorators, Inc., No. "'[A] party challenging enforcement of a forum selection clause may not base its challenge on choice of law analysis.'" at 7. JOHN CHRISTNER TRUCKING, LLC, Defendant. Temperature-controlled carrier Hirschbach acquires John Christner Trucking Wash. 2005). The 19 causes of action in the lawsuit: 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. (Oklahoma Class Period). To do so, send a letter to the settlement administrator explaining the basis for your dispute and attach copies of the supporting evidence. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 464 (1985). ; 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). at 1138. Served on 03/24/2021. In re John Christner Trucking, LLC - casetext.com C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. JCT Media Center. at 581-82. Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). Copyright 2023 Land Line Magazine & Land Line Now. Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. B. The Crowley declaration includes as an exhibit a copy of the "Independent Contractor Operating Agreement" ("ICOA") that Huddleston signed. 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. The settlement administrator will determine all Individual Settlement Amounts based on Defendants records of the weeks worked by Class Members. Class Counsel will file a Motion for Attorneys Fees and Costs with the Court. This factor does not weigh against transfer. 1995). "), and JCT replied, ECF No. Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. 3:21-CV-01669 | 2021-07-20, Dallas County District Courts | Personal Injury | See id. B. Venue. See Local Rule 230(g). Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). Good lease to make money. John Christner Trucking, LLC, N.D. Oklahoma (Case No. This field is for validation purposes and should be left unchanged. Id. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . Dubuque, Iowa-based Hirschbach Motor Lines announced the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. John Christner Trucking Case Summary On 03/11/2021 Huddleston filed a Labor - Labor Standard lawsuit against John Christner Trucking. John Christner Trucking Class Action Certified | Robert S. Boulter Do yourself a favor and keep looking. See 28 U.S.C. [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. 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." If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. This Settlement is a compromise and is not an admission of liability on the part of Defendant. . The court granted class certification for: All current and former individuals, to the extent they performed transportation services for John Christner Trucking within California, who entered into an independent contractor operator agreement with JCT, entered into a lease agreement with either JCT or Three Diamond Leasing, and were classified as independent contractors. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. 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. In EEOC v. Waffle House, Inc., 534 U.S. 279 (2002), the Supreme Court held that a governmental agency was not bound by an employee's arbitration agreement such that it was barred from pursuing judicial relief in an enforcement action. Reply at 3. 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." at 8. 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." Finally, one place to get all the court documents we need. [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). England Case $37,800,000 Settlement Concluded; Refusal to Drive Unsafe Truck - Driver Awarded $55k; Franchisor's Non-competition Injunction Denied. Make your practice more effective and efficient with Casetexts legal research suite. Thus, this factor is not at issue. A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. 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 Cal. 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." You will if you sign a lease! 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. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. Made in Oklahoma: John Christner Trucking Inc. 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. Yahoo! shall be governed by the provisions of the law in New York." See Dole Food Co. v. Watts, 303 F.3d 1104, 1114 (9th Cir. 4:2017cv00549 - Document 76 (N.D. Okla. 2018) Court Description: OPINION AND ORDER by Chief Judge Gregory K Frizzell (Miscellaneous deadline: 5/8/2018) ; granting in part and denying in part 58 Motion for Collective Action Certification (kjp, Dpty Clk) Download PDF . 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. Fifth, the question of efficient judicial resolution is neutral. This message tells you what trips have. Huddleston v. John Christner Trucking | Robert S. Boulter | Attorney at Law Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. 2007). 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. If you are a Class Member, you may be entitled to receive money from a Settlement in this case, as described below. The test's first prong encompasses both purposeful direction and purposeful availment. Id. . at 7. B. Venue, Federal Rule of Civil Procedure 12(b)(3) authorizes motions to dismiss for improper venue. 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. 1391(b). Schwarzenegger, 374 F.3d at 805. Seventh, Oklahoma is available as an alternative forum. "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." 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 Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. John Christner Trucking Reviews - Glassdoor 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. 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. at 581. Web: www.johnchristner.com. Don't miss out on our weekly happenings within our company! Submit. Robles v. Comtrak Logistics, Inc., No. He testifies in his declaration that "[m]uch" of his JCT-related work took place in California and that he drove "all over" the state, including making a "significant portion" of his pick-ups and drop-offs in the cities within this District listed in paragraph 18 of the Complaint. 2004). So basically they give you older trucks with almost 500k miles. Working at John Christner Trucking: 135 Reviews | Indeed.com 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. Id. [21-5025] [Entered: 03/11/2021 03:45 PM], Dallas County Texas Courts | Personal Injury | ." Change of Address Success - John Christner Truck Driver Settlement 3, 2015). None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. Last year's revenues were $185 million, and the company expects to reach $200 million this year. ECF No. Cal. 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 . Richards v. Lloyd's of London, 135 F.3d 1289, 1297 (9th Cir. 410.10 (2004). "); Turner v. Syfan Logistics, Inc., No. JCT has not met its burden of showing that this Court's exercise of specific jurisdiction would be unreasonable. Holliday, 2010 WL 3910143, at *3-*4. Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." 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. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. at 17. Id. The clause here is clearly marked; the section header is bolded, and the forum-selection provision is in capital letters. 12-CV-06133-LHK, 2014 WL 3962647, at *4 (N.D. Cal. Core-Vent Corp. v. Nobel Indus. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. 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. 10-cv-02049 (WHA), 2010 WL 4569873, at *2-3 (N. D. Cal. Huddleston v. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No.



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