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." Dubuque, Iowa-based Hirschbach Motor Lines announced the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. Objections shall only be considered if the Class Member has not opted out of the Settlement. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], [10825412] Filed notice record is complete. 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. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. 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. Public-interest "factors will rarely defeat a transfer motion, [meaning that] the practical result is that forum-selection clauses should control except in unusual cases." Id. 17-cv-02081-RS ("Huddleston I"), slip op. Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. 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." M/S Bremen, 407 U.S. at 1. approve of John M Christner's performance Founded 1986 Company size 1001 to 5,000 Revenue $100M to $500M (USD) Industry Transportation & Logistics Headquarters Sapulpa Oklahoma, United . JCT keeps all company records at its Oklahoma headquarters and dispatches drivers from there. If you wish to object to the Settlement but fail to return your timely written objection in the manner specified above, you shall be deemed to have waived any objection and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement. 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. JCT argues that neither general nor specific personal jurisdiction exists here. Here you can view your weekly settlements, insurance and contracts. We can transport your goods at temperatures ranging anywhere from minus 20 degrees Fahrenheit to plus 90 degrees Fahrenheit and hold them at the temperature you specify. Huddleston Decl. This is so, he argues, because the ICOA provides for the application of Oklahoma law, and under Oklahoma law, Huddleston does not meet the statutory definition of "employee" and does not qualify for the sorts of unwaivable statutory remedies to which he would otherwise be entitled under California law. 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/. Served on 03/12/2021. Served on 04/27/2021. Manner of Service: email. 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. 2012). Narayan, 616 F.3d at 897; see also id. Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. You will if you sign a lease! Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. Job Summary The Parts Coordinator is responsible for taking parts order, dealing one-on-one with mechanics and drivers. The ICOA states that the ICOA itself "shall be interpreted in accordance with, and governed by, the laws of the United States and, of the State of Oklahoma," without applying a choice-of law analysis. Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. it must be reasonable." granted the motion for class certification, International group throws support behind Rhode Islands appeal of truck toll verdict, Vehicle weight at issue in overtime lawsuit, Trucker awarded $500K after being unlawfully detained, Former safety manager receives probation for cargo tank conspiracy. Apply today. You pay about $1000 week for lease with good miles. Co, 134 S.Ct. 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. Updated May 4, 2022. Holliday, 2010 WL 3910143, at *3-*4. No. 5-3, Huddleston v. John Christner Trucking, LLC, No. (Text Only - No Attachment). Va. Apr. JCT argues that the centerpiece of Huddleston's complaint is the Fair Labor Standards Act ("FLSA"), which set nationwide standards, and because Huddleston performed long-haul truck-driving services throughout the country, the FLSA claims "could have arisen whether he was a resident of California, Connecticut, Colorado, or any other state in the country." 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." 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. The combined revenue of both companies will exceed $1 billion and will propel Hirschbach to be one of the nation's largest refrigerated carriers. The court denied motions for certification to a California resident class and the portion of the Oklahoma class related to the Oklahoma Business Opportunity Sales Act claims. Rhode Island is appealing a court ruling that ended the states truck-only tolls. My experience working at John Christner Trucking was a good experience. 3d at 1207 n.6. 2011). CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. Manner of Service: email. In the context of a motion under Rule 12(b)(3), a court need not accept as true all allegations in the complaint, but may consider facts outside the pleadings. The lawsuit was filed in 2017. This Settlement is a compromise and is not an admission of liability on the part of Defendant. None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. This rating has decreased by -4% over the last 12 months. Id. JCT also argues for transfer to the Northern District of Oklahoma pursuant to 28 U.S.C. Rather, "for venue to be proper, significant events or omissions material to the plaintiff's claim must have occurred in the district in question, even if other material events occurred elsewhere." Feb. 6, 2012). 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." 2015). The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. 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 [a] forum [selection] clause should control absent a strong showing that it should be set aside." This rating has decreased by -4% over the last 12 months. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. John Christner Trucking - Inc. John Christner Trucking LLC. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). 2004). John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. Opp. Bancroft & Masters, Inc. v. Augusta Nat. 2010))). Marine Const. Id. Iowa-based Hirschbach Motor Lines has acquired John Christner Trucking, a refrigerated carrier based in Sapulpa. For Plaintiff and the FLSA Collective Members (i.e., individuals who previously completed a valid Opt-In Consent Form to join this case), the Released Claims also include any and all claims, known or unknown, under the FLSA, 29 U.S.C. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. 4th 348, 394 (2014) (internal quotation marks and citation omitted). 5). 2004). John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. FLSA Collective Members All current and former individuals who provide(d) transportation services for Defendant within the United States, between May 1, 2015 and June 21, 2022. Manner of Service: email. 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. Id. Current Outline Item. Select SOLO DRIVER or TEAM DRIVER. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. "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." 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." Opp. at 24. You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. According to the complaint, Huddleston worked as an "owner-operator" for JCT until August 2016. Have you been screwed by John Christner Trucking yet? COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. Hirschbach, based in Dubuque, Iowa, is a privately owned carrier . [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. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. Now as a fleet of over 800 trucks, John has had the support of many throughout the years, including his two sons Danny & Darryl. This field is for validation purposes and should be left unchanged. 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. 28 U.S.C 1404(a) provides that "[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." 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." 2009) (called into question on other grounds by Narayan v. EGL, Inc., 616 F.3d 895, 899, 904 (9th Cir. 5:15CV81, 2016 WL 1559176, at *5 (W.D. 1404 and the forum-selection clause. at *3-*4 and thus had broader reach than the choice-of-law provision in the ICOA here. Ziegler v. Indian River County, 64 F.3d 470, 475 (9th Cir. We have the right trucks, the right freight, the right people. Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). Id. Pros. GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], [10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. [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). 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. Scam Internet. A former safety manager for a California company has been sentenced to probation for a conspiracy involving the illegal repair of cargo tanks. at 24. 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. A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." "The party challenging the clause bears a 'heavy burden of proof.'" App. LaCross, 95 F. Supp. Served on 03/25/2021. (internal quotation marks omitted)). See Narayan v. EGL, Inc., 616 F.3d 895, 899 (9th Cir. Christner said the company has seen continuous growth over the past two decades. As a part of this settlement, Defendant has also agreed to release Class Members that are former drivers as of the date of final approval from all known and unknown monetary claims. 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. 1998) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 518 (1974)) (emphasis in original). 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. 1995). 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 Trucking, LLC, No. See Fed. Id. A trucker has been awarded $500,000 after being unlawfully detained while making a 2019 delivery in California. A forum-selection clause may be deemed unreasonable under the following circumstances: (1) if the inclusion of the clause in the agreement was the product of fraud or overreaching; (2) if the party wishing to repudiate the clause would effectively be deprived of his day in court were the clause enforced; and (3) if enforcement would contravene a strong public policy of the forum in which suit is brought. 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. B. Venue, Federal Rule of Civil Procedure 12(b)(3) authorizes motions to dismiss for improper venue. John Christner Trucking Dec 2010 - Jun 2013 2 years 7 months Invoiced customers for our service, large and small based upon their requests and requirements and on a timely basis. Response date set to 04/14/2021 for Michelle S. Lim. Id. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Mahoney v. Depuy Orthopaedics, Inc., 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. 10. . Huddleston has submitted no evidence of court congestion particular to Oklahoma as opposed to California. "'[A] party challenging enforcement of a forum selection clause may not base its challenge on choice of law analysis.'" 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 2012 WL 393614, at *1 (emphasis supplied). 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 | All Rights Reserved. Click on the links below to download documents related to the Settlement. at 18. 897 F.2d 377, 385 (9th Cir. 3d at 1206 n.5 (holding that a representative PAGA claim could be litigated in Arizona federal courts); see also id. 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. Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. Iskanian v. CLS Transp. [21-5025] [Entered: 04/14/2021 04:21 PM], [10817932] Minute order filed - Transcript order form due 04/08/2021 for Brian Neil, Court Reporter. . at 319. JOHN CHRISTNER TRUCKING, LLC, Defendant. Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). C. 28 U.S.C. 21% of John Christner Trucking employees are women, while 79% are men. You make about $3600 per week. Id. Manner of Service: email. Preliminary record filed. Phone: 8003241900. If you mail a written objection, you may also, if you wish, appear at the Final Approval Hearing to discuss your objection with the Court and the parties. 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.").