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." [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. 10-1, Huddleston Decl. Defendant is represented by the following attorneys: Christopher J. Eckhart Angela S. Cash Karen B. Reisinger SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C. Plaintiff Thomas Huddleston brings this wage-and-hour putative class action lawsuit against defendant John Christner Trucking, LLC ("JCT"). Opp. The test's first prong encompasses both purposeful direction and purposeful availment. Click on the links below to download documents related to the Settlement. For the precise terms and conditions of the Settlement, please see the Joint Stipulation of Settlement and Release of Class and Collective Action available in the documents section of this website, contact Class Counsel toll-free at (800) 689-0024, or access the Court docket in this case, for a fee, through the Courts Public Access to Court Electronic Records (PACER) system at https://ecf.oknd.uscourts.gov/. 20-610 | 2020-11-09, U.S. District Courts | Contract | 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. "); Turner v. Syfan Logistics, Inc., No. 1404. [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). 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 at 319. Civ. You do not take home any money. JCT Media Center. 1. [a] forum [selection] clause should control absent a strong showing that it should be set aside." Plaintiff opposed, ECF No. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. The touchstone for asserting specific jurisdiction over a nonresident defendant is "the relationship among the defendant, the forum, and the litigation." 4:17-CV-06257 | 2017-10-29, U.S. District Courts | Personal Injury | Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). "), and JCT replied, ECF No. If you fail to keep your address current, you may not receive your Individual Settlement Amount. This lawsuit alleges that Defendant improperly classified Class Members as independent contractors instead of as employees, and Class Members were not provided meal and rest breaks, were not compensated for all hours worked, were not paid minimum wage, were not paid all wages due upon termination, were not provided timely and compliant itemized wage statements, were not reimbursed for necessary business expenses, and were subject to unfair business practices. 2011). Cal. 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. July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. 2015). [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], [10825412] Filed notice record is complete. $246.4 M. Employees. Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. 3d at 1207 n.6. The 19 causes of action in the lawsuit: Seventh, Oklahoma is available as an alternative forum. 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. Id. This rating has decreased by -4% over the last 12 months. When the parties' contract contains a forum selection clause, however, the "calculus changes" and district courts must adjust their usual Section 1404(a) analysis in three ways: (1) the plaintiff's choice of forum merits no weight; (2) arguments about the parties' private interests should not be considered; and (3) a 1404(a) transfer of venue "will not carry with it the original venue's choice-of-law rules." 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." 1404 and the forum-selection clause. Nov. 4, 2010); Ronlake v. US-Reports, Inc., No. "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." [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. 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. 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."). 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. Class Counsel will file a Motion for Attorneys Fees and Costs with the Court. Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. Feb 17, 2022. If you do not agree with these terms, then do not use our website and/or services. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. Manner of Service: email. Opp. Huddleston has also presented a prima facie case under the purposeful availment test. They say lease purchase but you have to lease for 5 yrs before u can own it. Adjust the GREEN FIELDS below. Plaintiff and Class Participants should consult with their own tax advisors concerning the tax consequences of the Settlement based on their Individual Settlement Amount. 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. 0. [21-5025] [Entered: 03/11/2021 03:45 PM]. "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." Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). DATE RECEIVED: 03/11/2021. Understand also that this is a lease. ." Id. See id. Huddleston I, slip op. . Los Angeles, LLC, 59 Cal. LaCross v. Knight Transportation, Inc., 95 F. Supp. Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. The deal makes Hirschbach one of the nation's largest refrigerated carriers, the news release says, bumping it from sixth on Transport Topics 2021 ranking to second on the list. Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse. ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. PAGA cases "function[] as a substitute for an action brought by the government itself." Atl. John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. Sixth, a California forum is important to Huddleston's interest in convenient relief, since he is a resident of and works in this forum and has averred that traveling to Oklahoma to litigate this case would present a burden. Sign up for our weekly newsletter today! Personal Jurisdiction. 2006). 4:17-cv-00549-GKF-CDL). 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." John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. A forum-selection clause is "not unreasonable merely because of the parties' unequal bargaining power: it is enforceable if there is reasonable communication of the clause." [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. Core-Vent Corp. v. Nobel Indus. 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. ICOA 23. 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."). My experience working at John Christner Trucking was a good experience. 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." CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1073 (9th Cir. Marine, 134 S. Ct. at 584. Mot. Cal. Huddleston I, slip. "No one factor is dispositive; a court must balance all seven." We have the right trucks, the right freight, and the right people. In determining whether jurisdiction is reasonable, courts consider seven factors: (1) the extent of a defendant's purposeful interjection into the forum; (2) the burden on the defendant in defending in the forum; (3) the extent of conflict with the sovereignty of the defendant's state; (4) the forum state's interest in adjudicating the dispute; (5) the most efficient judicial resolution of the dispute; (6) the importance of the forum to the plaintiff's interest in convenient and effective relief; and (7) the existence of an alternative forum. JCT has not met its burden of showing that this Court's exercise of specific jurisdiction would be unreasonable. Am., Inc., 485 F.3d 450, 457 (9th Cir. Issued on 04/27/2021. "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." 20-6072 | 2020-05-21. Issued on 04/27/2021. C. 28 U.S.C. 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. 5:16-CV-01221 | 2016-10-21, U.S. District Courts | Intellectual Property | at 20. The party opposing enforcement of the forum selection clause on the grounds of fraud or overreaching "must show that the inclusion of the clause itself into the agreement was improper; it is insufficient to allege that the agreement as a whole was improperly procured." 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." None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. . Id. No money will revert to Defendant. Weekly Settlement Deduction with JCT (John Christner Trucking) 4,877 views Jan 20, 2020 64 Dislike Share Save Trucking with Miss Tee 1.95K subscribers Deduction that will come out of your. 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. The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. No. In contract cases, courts generally apply the purposeful availment test, while in tort cases they use the purposeful direction analysis. Holland Am. John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. In a case not involving a forum-selection clause, a district court considering a Section 1404(a) motion would evaluate both the convenience of the parties and various public interest considerations. 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. According to Crowley, JCT does not own or lease any property in California, except for one drop yard it leases in Colton, California. 2012). 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. This factor does not weigh against transfer. Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). at 17. The Ninth Circuit has established a three-prong test for analyzing a claim of specific personal jurisdiction: (i) the defendant must have purposefully availed itself "of the privilege of conducting activities in the forum, thereby invoking the benefits and protections of its laws"; (ii) the cause of action must "arise[] out of or relate[] to the defendant's forum-related activities"; and (iii) "the exercise of jurisdiction must comport with fair play and substantial justice, i.e. 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. The combined revenue of both companies will surpass $1 billion and propel . 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. (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). Served on 03/25/2021. 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. Court for W. Dist. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. Category: Trucking Companies. Marine Const. Id. The opinion in Waffle House was fairly narrow and distinguishable from the facts here. Id. at 7. B. Venue. Atl. See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. Report this profile . A review of the distirct court docket shows transcripts ordered were already on file. Opp. "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." at *3-*4 and thus had broader reach than the choice-of-law provision in the ICOA here. 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." 1391(b). Good lease to make money. 10. Huddleston v. John Christner Trucking, LLC, 1:17-cv-00925-LJO-SAB (E.D. 1998) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 518 (1974)) (emphasis in original). Submit. Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. 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. The Court has not ruled on the merits of Plaintiffs claims or Defendants defenses. 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. 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. John Christner Trucking, L.L.C. The postmark date of mailing to Class Counsel and Defendants counsel shall be the exclusive means for determining that an objection is timely mailed to counsel. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 2021-11-03, U.S. District Courts | Personal Injury | Bringing your own truck, you enjoy all of our great benefits (you''re responsible for your 2290). Third, JCT does not contest that the exercise of jurisdiction would conflict with the sovereignty of Oklahoma, its state of domicile, though the Court notes that the bulk of Huddleston's claims are brought under California state law, and the FLSA analysis will be the same in either California or Oklahoma. 752, et seq. The Court disagrees. JCT was started in 1986 by the John Christner. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. More than 3,000 truck drivers were involved. I would still be there if I were able to still be there. Code Ann. This rating has decreased by -4% over the last 12 months. Though only a quarter of the loads with pick-ups or drop-offs in California occurred within the Eastern District, that is enough to satisfy the requirement that a "substantial" portion of the events giving rise to the suit arise in the District, "even if a greater part of the events occurred elsewhere." "The scope of the claims governed by a forum selection clause depends [upon] the language used in the clause." at 581. Class Counsel will be paid from the Gross Settlement Amount of $9,250,000.00. The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . See Fed. ECF No. 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. Any disputes must be postmarked by Saturday, September 24, 2022, and should be mailed to Huddleston v. JCT Settlement Administrator, P.O. RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. 3:21-CV-01669 | 2021-07-20, Dallas County District Courts | Personal Injury | Id. [21-5025] [Entered: 03/11/2021 03:45 PM], Dallas County Texas Courts | Personal Injury | 5:20-CV-00915 | 2020-09-11, U.S. Courts Of Appeals | Civil Right | Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. CLAIRE V. EAGAN UNITED STATES DISTRICT JUDGE OPINION AND ORDER Now before the Court is Defendants John Christner Trucking, LLC and Three Diamond Leasing, LLC's Motion to Dismiss and Brief in Support (Dkt. See 28 U.S.C. Every dime goes to the truck. Response date set to 04/14/2021 for Carolyn H. Cottrell. 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"). See Dole Food Co. v. Watts, 303 F.3d 1104, 1114 (9th Cir. "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." 1. See Atl. 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. The case status is Pending - Other Pending. Preliminary record filed. 9. 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. The Oklahoma class, specifically, claimed that the trucking companys marketing practices violated the Oklahoma Consumer Protection Act and the Oklahoma Business Opportunity Sales Act. . Aug. 13, 2014). Served on 04/27/2021. "[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." 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).
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