Select SOLO DRIVER or TEAM DRIVER. As such, the argument regarding fraud and overreaching fails. In re John Christner Trucking, LLC - casetext.com A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." A federal judge in Oklahoma approved separate class certifications for more than 3,000 truck drivers in a misclassification lawsuit against John Christner Trucking. The Court concludes that the forum selection clause of the ICOA is valid and enforceable. Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. John Christner Trucking Team Truck Jobs | John Christner Trucking It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. 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. 74] of the defendant, John Christner Trucking, LLC ("JCT"). Opp. Served on 03/24/2021. Huddleston Decl. 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 . ECF No. 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. This second prong of the specific jurisdiction test is satisfied if the plaintiff would not have been injured "but for" the defendant's forum-related contacts. at 24. 12 ("Reply"). 71st St., Suite 200Tulsa, OK 74136Telephone: (918) 970-2000Facsimile: (918) 970-2002. 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. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. Mot. NEW! 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. Education among Chamber's priorities | | tulsaworld.com "'Overreaching' is a ground 'short of fraud,' and a mere showing of 'non-negotiability and power difference' does not render a forum selection clause unenforceable." (Text Only - No Attachment). The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. Who are the attorneys representing Defendant John Christner Trucking, LLC? [21-5025] [Entered: 04/14/2021 04:43 PM], [10822463] Attorney Mr. David C. Leimbach for Thomas Huddleston admitted to the bar of this court. The California resident claims he routinely. 752, et seq. shall be governed by the provisions of the law in New York." 1391 (d). International Shoe Co. v. Washington, 326 U.S. 310, 318 (1945). Do yourself a favor and keep looking. Iskanian v. CLS Transp. at 297. Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. 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. Response date set to 04/14/2021 for Michelle S. Lim. Va. Apr. Therein, he states that he is a resident of California and that much of his work activity took place in California. Served on 03/12/2021. Full-Time. You may have received a Notice of Settlement (Notice) because you (1) previously completed a valid Opt-In Consent Form to join this case; or (2) the records of John Christner Trucking, LLC (Defendant) show you qualify as a member of the California Class and/or the Oklahoma Class as defined in Section 3. 367. On average, employees at John Christner Trucking stay with the company for 2.3 years. The plaintiff need only make a prima facie showing of jurisdiction to defeat the motion to dismiss, but "may not simply rest on the bare allegations of the complaint." To calculate your estimated compensation package at JCT: Select OWNER OPERATOR or LEASE PURCHASE. Silver Valley Partners, LLC v. De Motte, 400 F. Supp. See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. Mot. Why one international organization is joining the fight. "The scope of the claims governed by a forum selection clause depends [upon] the language used in the clause." 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/. The ICOA's choice-of-law provision is narrower than the forum-selection clause. Served on: 03/25/2021. Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011). 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. 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. INTRODUCTION [Please open the Notice for important information.] . [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). The Court cannot find on this record that honoring the forum-selection clause would mean that Huddleston "will for all practical purposes be deprived of his day in court." 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. No money will revert to Defendant. Why is this public record being published online? See Local Rule 230(g). COO John Christner Trucking, LLC . 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." 2d 1262, 1269 (W.D. 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). Yahoo! [21-5025] [Entered: 03/11/2021 03:45 PM], Dallas County Texas Courts | Personal Injury | 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. (10/24/19 Mot hrng & 12/09/20 Sched conf.). Jct Lease Purchase - Page 1 | TruckingTruth Forum at 18. 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. [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. It is unlawful for Defendant to take any adverse action against you as a result of your participation in this Settlement. 14-CV-05530-WHO, 2015 WL 899294, at *3-4 (N.D. Cal. Because document collection is now mostly an exercise in electronic discovery, the presence of corporate documents in Oklahoma does not weigh heavily in favor of finding that jurisdiction in California would be unreasonable. Hirschbach to acquire John Christner Trucking | FleetOwner Cal. JCT is big enough to offer all you need to be successful but we're small enough to know you by name. If you fail to keep your address current, you may not receive your Individual Settlement Amount. Core-Vent Corp. v. Nobel Indus. We've also provided a list of contacts should you have any questions. 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. Huddleston has submitted an affidavit outlining the "prohibitive" financial hardship associated with litigating this case in Oklahoma, Huddleston Decl. The original complaint alleged that truck drivers for the Sapulpa, Okla.-based company often worked 70-100 hours per week while being paid less than $500. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Id. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 464 (1985). John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. While the Court is sensitive to the potential financial strain involved in litigating this case in Oklahoma, serving as the named plaintiff in a class action is unlikely to carry with it the requirement that Huddleston travel to Oklahoma with much frequency, and Huddleston has failed to explain why litigating in Oklahoma would require substantially more time away from work than litigating in California such that he would be denied the ability to bring the case. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1080 (9th Cir. (Oklahoma Class Period). To be heard at the Final Approval Hearing you must also not opt out of the Settlement. For-Hire Companies | Transport Topics Cal. ECF No. at 8. CERT. Narayan, 616 F.3d at 897; see also id. 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. Served on: 03/25/2021. In essence, the lawsuit alleges JCT made false representations about its lease purchase program and concealed material facts. This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. The classes consist of more than 3,000 truck drivers in the California Work Class and the Oklahoma class. Thus, Huddleston need not show that the Eastern District of California has the most substantial relationship to the dispute, Kirkpatrick v. Rays Group, 71 F. Supp. 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. Huddleston v. John Christner Trucking, LLC: ERRATA/CORRECTION (Re: 269 RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. Hirschbach Motor Lines recently agreed to acquire John Christner Trucking (JCT), a refrigerated carrier based in Sapulpa, Oklahoma. Thumbnails Document Outline Attachments Layers. 2014) (citing Murphy, 362 F.3d at 1141). 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. Driver Resources | John Christner Trucking [21-5023, 21-5025] [Entered: 03/25/2021 08:56 AM], Docket[10817559] Entry of appearance filed by Adam Carl Smedstad, James Anthony Eckhart, Mrs. Angela Stemle Cashand Christopher Eckhart for John Christner Trucking, LLC. 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"). Click on the links below to download documents related to the Settlement. shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . 9. Plaintiff and the Class Members are represented by the following attorneys acting as Class Counsel: Carolyn H. CottrellDavid C. LeimbachMichelle S. LimSCHNEIDER WALLACECOTTRELL KONECKY LLP2000 Powell Street, Suite 1400Emeryville, CA 94608Telephone: (800) 689-0024Facsimile: (415) 421-7105ccottrell@schneiderwallace.comDLeimbach@schneiderwallace.commlim@schneiderwallace.com, Robert S. BoulterLAW OFFICES OF ROBERT S. BOULTER1101 Fifth Avenue, Suite 310San Rafael, California 94901Telephone: (415) 233-7100rsb@boulter-law.com. Rowen v. Soundview Commc'ns, Inc., No. "'[A] party challenging enforcement of a forum selection clause may not base its challenge on choice of law analysis.'" 2011). JCT restricts all routes accross I-90 but if driver does not say anything about added miles to avoid JCT WILL NOT Pay them same as using I-70 west of Denver in winter. This rating has decreased by -4% over the last 12 months. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). 1 : UPS Inc. 5:20-CV-00915 | 2020-09-11, U.S. Courts Of Appeals | Civil Right | Preliminary record filed. To do so, send a letter to the settlement administrator explaining the basis for your dispute and attach copies of the supporting evidence. Manner of Service: email. ECF No. Adjust the GREEN FIELDS below. [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. That test requires showing that the defendant (1) has committed an intentional act; (2) expressly aimed at the forum state; (3) causing harm that the defendant knows is likely to be suffered in the forum state. Manner of Service: email. 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. "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." 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. 2006). TEXT ONLY ORDER: The parties having announced a settlement, they are to submit an agreed order of dismissal to the District Judge on or before 9/1/15. This constitutes some purposeful injection into California and supports the reasonableness of the exercise of personal jurisdiction over JCT. (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . 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. "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. John Christner Trucking, LLC ERRATA/CORRECTION (Re: 269 Unopposed MOTION for Preliminary Approval of Class and Collective Action Settlement) by Thomas Huddleston (With attachments) Northern District of Oklahoma, oknd-4:2017-cv-00549. at 20. 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 12, which he asserts is substantial enough that he "may not be able to maintain his claim if forced to do so in Oklahoma," Opp. 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. 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. ECF No. John Christner Trucking - Inc. John Christner Trucking LLC. at *4. Court for W. Dist. John Christner Trucking asked the court to deny certification because Huddleston has failed to demonstrate that Californias wage and hour laws apply to him or any other putative class member.. Response date set to 04/14/2021 for Carolyn H. Cottrell. at 919. John Christner Trucking, LLC - Overview, News & Competitors - ZoomInfo # 9). b. Hirschbach acquires John Christner Trucking - Overdrive John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. Understand also that this is a lease. 10. Manner of Service: email. Christner Trucking was facing a class-action lawsuit. Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse. In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. 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. Hirschbach to Acquire John Christner Trucking | Transport Topics Code Ann. (citing Holliday, 2010 WL 3910143, at *4). 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."). 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 . 2015); Robles, 2015 WL 1530510, at *4. Management. Attorney Cottrell, Carolyn H. added. 8. Who are the attorneys representing Plaintiff and the Class Members? 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." 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. DATE RECEIVED: 03/11/2021. B. Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. Web: www.johnchristner.com. Id. 4th 348, 394 (2014) (internal quotation marks and citation omitted). Working At John Christner Trucking: Employee Reviews and Culture - Zippia Civ. 1979). 7. Response date set to 04/14/2021 for Michelle S. Lim. The "only issue" before the Supreme Court in Waffle House was "whether the fact that [an employee] has signed a mandatory arbitration agreement limits the remedies available to the EEOC." 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 B. Venue. Robles v. Comtrak Logistics, Inc., No. This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. at 7. The most common ethnicity at John Christner Trucking is White (66%), followed by Hispanic or Latino (11%) and Black or African American (10%). The test's first prong encompasses both purposeful direction and purposeful availment. 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. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. This field is for validation purposes and should be left unchanged. 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. "The party challenging the clause bears a 'heavy burden of proof.'" 10-1. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] According to the motion, relators and the real parties in interest, Michael Ladd, Christopher Ladd, and Stephen Bryson, as next friend of his minor son E.B., have reached a settlement agreement that will resolve their claims in the underlying lawsuit and the issues . 1998). The opinion in Waffle House was fairly narrow and distinguishable from the facts here. 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. John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. Huddleston I, slip. Classes approved in lawsuit against John Christner Trucking 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. Manetti-Farrow, Inc. v. Gucci Am., Inc., 858 F.2d 509, 513 (9th Cir. Personal Jurisdiction. Id. 2012 WL 393614, at *1 (emphasis supplied). 3d at 1207 n.6. 3d at 1206 n.5 (holding that a representative PAGA claim could be litigated in Arizona federal courts); see also id. ICOA 23. Marcotte v. Micros Sys., Inc., No. Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. This factor does not weigh against transfer. Hirschbach to acquire John Christner Trucking - TheTrucker.com The lawsuit also claimed that it wasn't uncommon for drivers to receive negative paychecks. 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.

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