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JCT moves to dismiss based on lack of personal jurisdiction and improper venue or, in the alternative, to transfer the case to the Northern District of Oklahoma, the forum specified in the forum-selection clause of the contract between the parties. The Court disagrees. CERT. "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." The 'but for' test preserves the requirement that there be some nexus between the cause of action and the defendant's activities in the forum." 2006). He testifies that JCT said it would make every effort to make his first and last stop of any given trip in California so his work would be completed close to home, and that his first and last stops were indeed in California. Marine, 134 S. Ct. at 583. JCT has not met its burden of showing that this Court's exercise of specific jurisdiction would be unreasonable. Manner of Service: email. As such, the argument regarding fraud and overreaching fails. 10-1. You make about $3600 per week. OF INTERESTED PARTIES: n. Served on 03/12/2021. You do not have to pay the attorneys who represent the Class Members. Have you been screwed by John Christner Trucking yet? 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." 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. Iskanian v. CLS Transp. "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. The lawsuit also claimed that it wasn't uncommon for drivers to receive negative paychecks. 10-1, Huddleston Decl. No further written . The combined revenue of both companies will exceed $1 billion and will propel Hirschbach to be one of the nation's largest refrigerated carriers. 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. CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. Hirschbach Motor Lines on Feb. 16 announced that it will acquire Sapulpa, Okla.-based refrigerated carrier John Christner Trucking. 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. [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. I would still be there if I were able to still be there. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], [10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. ." 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. at 1125. JCT's setting employment policies and wages is an "intentional act" that satisfies the first prong, and applying them in the forum state likewise satisfies the third prong. 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. Manner of Service: email. 2015) (construing similar contract and holding that "while Plaintiffs' misclassification claims 'relate to' the ICOA (and thus trigger the forum-selection clause) they would likely not be governed by Arizona law, as only 'the agreement' itself is governed by such law"). Cal. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] Id. 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. 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. Fourth, the interest of the forum state is great, because California has a strong interest "in protecting its citizens from the wrongful acts of nonresident defendants." 2007). Huddleston argues that just as the EEOC was not bound by an agreement to which it was not a party, the PAGA claims here belong to the state of California and therefore fall outside the ambit of the forum-selection clause. Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." Id. Bancroft & Masters, Inc. v. Augusta Nat. JCT's contacts with California are not mere happenstance resulting from Huddleston's incidental residence in the state independent of JCT's conduct. at 8. 367. (Text Only - No Attachment). Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. 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 . After the first two prongs of the test have been met, the defendant has the burden of showing that the Court's jurisdiction would be unreasonable. John Christner Trucking LLC (Oklahoma Transport Company) July 12, 2013). 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." Working At John Christner Trucking: Employee Reviews and Culture - Zippia Id. Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding. This factor primarily concerns "where the witnesses and the evidence are likely to be located." He testifies in his declaration that litigating in Oklahoma would impose substantial travel costs, including airfare, rental cars, and hotel stays; that if he were to miss "any significant time away from work," his employer may withhold work or terminate his position entirely; and that being the primary wage-earner means that missed wages may threaten his ability to support his family. 1998). Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. 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. Ripoff Report | John Christner Truc Review - Internet, Internet (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . shall be governed by the provisions of the law in New York." JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. Cal. The trucking company also contended that the state labor laws in Oklahoma, not California, govern the alleged employment relationship between Huddleston and John Christner Trucking. This rating has decreased by -4% over the last 12 months. The most common ethnicity at John Christner Trucking is White (66%), followed by Hispanic or Latino (11%) and Black or African American (10%). Where a forum-selection clause uses the phrases "arising under," "arising out of," or similar language, the clause is construed narrowly to cover only disputes "relating to the interpretation and performance of the contract itself." 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. 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. 2007) (citing Murphy, 362 F.3d at 1141; E.J. John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. Richards v. Lloyd's of London, 135 F.3d 1289, 1297 (9th Cir. Upon the date the Settlement becomes effective (Effective Date), all Class Participants release claims as follows against Defendant, and their present and former parent companies, subsidiaries, divisions, affiliates, successors, predecessors, related companies, and joint ventures, and each of their present and former officers, directors, shareholders, agents, employees, insurers, attorneys, accountants, auditors, advisors, representatives, consultants, administrators, trustees, general and limited partners, predecessors, successors and assigns (collectively, the Released Parties): In addition, all Class Participants expressly waive, as to the Released Claims stated above and based on or arising out of the same factual predicates of the Complaint, running through June 21, 2022, the provisions, rights, and benefits of California Civil Code 1542, which reads: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. at 294. Huddleston v. John Christner Trucking, LLC - Casetext 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. John Christner Trucking Class Action Certified | Robert S. Boulter Manner of Service: email. 2004) (internal citation and quotation marks omitted). This factor does not weigh in favor of a finding of unreasonableness. Id. Click on the links below to download documents related to the Settlement. John Christner Trucking Employee Reviews for Driver - Indeed [21-5025] [Entered: 03/15/2021 11:58 AM], Docket[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. See Piedmont Label Co. v. Sun Garden Packing Co., 598 F.2d 491, 496 (9th Cir. Cancellation and Refund Policy, Privacy Policy, and "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." Following redistribution, any unclaimed monies will be paid to Legal Services Corporation. One (1) settlement share for each FLSA Workweek. "Courts in the Ninth Circuit have generally agreed that the choice-of-law analysis is irrelevant to determining if the enforcement of a forum selection clause contravenes a strong public policy." 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. 10 ("Opp. Iowa company purchases John Christner Trucking in Sapulpa John Christner founded JCT in 1986 with only 2 trucks. Join Our Community Today! GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. 2010))). Tiffany Lalim - Driver Settlement - John Christner Trucking, LLC | LinkedIn 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. 1404 And Forum-Selection Clause. Id. [21-5025] [Entered: 03/11/2021 03:45 PM]. Certificate of Interested Parties: No. John Christner Trucking, LLC, N.D. Oklahoma (Case No. Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. Category: Trucking Companies. The combined revenue of both companies will surpass $1 billion and propel . 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. Driver Resources | John Christner Trucking 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." See Gulf Ins. Second, the forum-selection clause in Ronlake applied only to claims "arising out of" the agreement, narrow language that did not apply to misclassification claims that did not rely on contract interpretation for resolution. b. Id. Manner of Service: email. 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. Though JCT's corporate documents and witnesses likely will be located in Oklahoma, Huddleston and other members of the California class likely will be located in California. John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. ECF No. 3d 1199, 1207 (C.D. See id. Education among Chamber's priorities | | tulsaworld.com "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." 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. JCT contracted with Huddleston (a California resident) to pick up and drop off cargo in California, which is enough to satisfy the test. ECF No. This prong may be satisfied by "purposeful availment of the privilege of doing business in the forum; by purposeful direction of activities at the forum; or by some combination thereof." Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. at 297. Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. Case Details Parties Documents Dockets Case Details Case Number: 21-5025 Filing Date: CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1080 (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." Also, every "owner-operator" completes an orientation at those headquarters. ECF No. The classes consist of more than 3,000 truck drivers in the California Work Class and the Oklahoma class. CDL Solo and Team Truck Drivers - Granville, PA - John Christner Trucking See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], [10817921] Docketing statement filed by Thomas Huddleston. 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. 11-cv-2009 (LJO)(MJS), 2012 WL 393614, at *4 (E. D. Cal. The settlement administrator will total the number of settlement shares for all Class Participants; the resulting sum will be divided into the Net Settlement Amount to reach a per share dollar figure. 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. at 6-7 (N.D. Cal. ECF No. Inc., 223 F.3d 1082, 1088 (9th Cir. ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. Hirschbach builds national footprint through M&A (Photo: Hirschbach) Refrigerated carrier Hirschbach announced Wednesday the acquisition of John Christner Trucking (JCT). 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."). 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." 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." Narayan, 616 F.3d at 897; see also id. The test's first prong encompasses both purposeful direction and purposeful availment. Popular Searches. Reply at 3. 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 [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). Huddleston "alleges that JCT contracts with California residents and instructs them (and others) to make pick-ups and drop-offs in California. 2002). 5). 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."). 206, et seq. John Christner Trucking LLC Sapulpa, OK. Quick Apply. A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. Narayan, 616 F.3d at 899; see Elijahjuan v. Superior Court, 210 Cal. Personal Jurisdiction. 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. Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 464 (1985). Last name. But after fuel. . Am., Inc., 485 F.3d 450, 457 (9th Cir. John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. [21-5025] [Entered: 04/20/2021 09:24 AM], [10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. at 11-12. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1073 (9th Cir. Thread Status: Not open for further replies. This rating has decreased by -4% over the last 12 months. 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. In essence, the lawsuit alleges JCT made false representations about its lease purchase program and concealed material facts. Oklahoma Class All current and former individuals who provide(d) transportation services for Defendant within the United States, who (1) entered into an Independent Contractor Operating Agreement with Defendant, and (2) entered into a Lease Agreement with Defendant or Three Diamond Leasing, LLC, from April 12, 2014 to June 21, 2022. Briefly: Hirschbach completes acquisition of John Christner Trucking Overall. Plaintiff Thomas Huddleston brings this wage-and-hour putative class action lawsuit against defendant John Christner Trucking, LLC ("JCT"). JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. JCT leases facilities in Phoenix, Arizona, and Oklahoma City, Oklahoma. England Case $37,800,000 Settlement Concluded; Refusal to Drive Unsafe Truck - Driver Awarded $55k; Franchisor's Non-competition Injunction Denied. 2011). Cal. Co, 134 S.Ct. Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. 1391 (d). Plaintiff bears the burden of showing that venue is proper. Manetti-Farrow, Inc. v. Gucci Am., Inc., 858 F.2d 509, 513 (9th Cir. Why one international organization is joining the fight. Management. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. Schedule Monday - Friday 1:30pm - 10:30pm. Discussion in 'Report A BAD Trucking Company Here' started by GipsySoul, Sep 26, 2012. 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. John Christner Trucking adds 800 trucks to the Hirschbach fleet. John Christner Truck Driver Settlement - Huddleston s. John Christner [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. Leaked News! 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. Huddleston v. John Christner Trucking, LLC (4:17-cv-00549) Objections shall only be considered if the Class Member has not opted out of the Settlement. If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. Feb 17, 2022. 1995). Mot. Thus, this factor is not at issue. Password (8+ characters) 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. Because the parties' private interests should not be considered, the district court may consider only arguments about public-interest factors. The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . Robles v. Comtrak Logistics, Inc., No. [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 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. 410.10 (2004). # 9). Danny Christner - Chief Executive Officer - John Christner Trucking [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] Rowen v. Soundview Commc'ns, Inc., No. The California resident claims he routinely. [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. 5 ("Mot."). Cal. For-Hire Companies | Transport Topics 18, 2016) ("It can come as no surprise to Syfan that litigation in Virginia might ensue when Syfan's conduct ensured DD would haul a load of frozen chicken across a significant portion of the state."). Huddleston Decl. 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 2004). Gallo Winery v. Andina Licores S.A., 440 F. Supp. CERT. . The deal will form one of the biggest temperature-controlled fleets in the nation at more than 3,000 trucks (800 at JCT), 5,000 trailers and total revenue exceeding $1 billion. In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. 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. Join to connect John Christner Trucking, LLC. This is an estimate of what your fixed expenses and variable expenses may be. John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. LaCross, 95 F. Supp. "Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin." Served on 03/24/2021. John Christner Trucking 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.".