john christner trucking settlement john christner trucking settlement

[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). 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. Here, in contrast, the forum-selection clause is not limiting any remedies that would otherwise be available to the government or removing the case from the courts completely; instead, it merely "alters which specific court will hear those claims." Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). Overall. Yahoo, 433 F.3d at 1206; Schwarzenegger, 374 F.3d at 802. jct Logistics - JCT Logistics 2006)). This class action case was initiated by Robert Boulter and co-counsel in 2017 on behalf of driver Thomas Huddleston against Oklahoma based trucking giant John Christner Trucking (JCT) and arises out of its lease purchase program. ECF No. 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. The case status is Pending - Other Pending. Plaintiff Thomas Huddleston brings this wage-and-hour putative class action lawsuit against defendant John Christner Trucking, LLC ("JCT"). JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Tenth Circuit. [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. Farm Credit W., PCA v. Lanting, No. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. Huddleston has presented no case law to support the idea that PAGA cases are exempt from application of forum-selection clauses and has offered no explanation why the Northern District of Oklahoma could not fairly adjudicate these claims. CERT. Served on 03/25/2021. [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. In 2020, United States District Court Judge Gregory Frizzell certified a nationwide class of drivers for a claim that JCT violated Oklahomas consumer protection law in selling the lease program utilizing alleged misrepresentations and concealing material facts. Robles v. Comtrak Logistics, Inc., No. COO John Christner Trucking, LLC . Apply today. Change of Address Success - John Christner Truck Driver Settlement Discussion in 'Report A BAD Trucking Company Here' started by GipsySoul, Sep 26, 2012. 1995). See Gulf Ins. Served on 04/27/2021. Have you been screwed by John Christner Trucking yet? You will if you It is well established that the Fourteenth Amendment's Due Process Clause limits the power of a court to exercise jurisdiction over out-of-state defendants who do not consent to jurisdiction. 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. C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, JCT was started in 1986 by the John Christner. . Manner of Service: email. 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. Marine, 134 S. Ct. at 583. You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. [21-5025] [Entered: 04/14/2021 04:43 PM], Docket[10822463] Attorney Mr. David C. Leimbach for Thomas Huddleston admitted to the bar of this court. Last year's revenues were $185 million, and the company expects to reach $200 million this year. Report this profile . CERT. Also, every "owner-operator" completes an orientation at those headquarters. Id. CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. Email. With combined revenues expected to exceed $1 billion annually, the reefer conglomerate will operate more than 3,000 trucks and . at 20. It also leases "drop yards" in locations throughout the United States, which are used for parking and staging trailers. Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). Judge Gregory Frizzell of the U.S. District Court for the Northern District of Oklahoma granted the motion for class certification on Jan. 30 for truck drivers who worked in California, as well for an Oklahoma consumer protection class. [21-5025] [Entered: 03/15/2021 12:17 PM], Docket[10815131] Admissions letter sent. Huddleston v. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. See Local Rule 230(g). 2004). When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. Huddleston has also presented a prima facie case under the purposeful availment test. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. The original complaint alleged that truck drivers for John Christner Trucking often worked 70-100 hours per week while being paid less than $500. Bringing your own truck, you enjoy all of our great benefits (you''re responsible for your 2290). Atl. Line, Inc. v. Wartsila N. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. 2000). John Christner Trucking adds 800 trucks to the Hirschbach fleet. Response date set to 04/14/2021 for David C. Leimbach. Mahoney v. Depuy Orthopaedics, Inc., No. C. Forum-Selection Clause And 28 U.S.C. Cal. 11-cv-2009 (LJO)(MJS), 2012 WL 393614, at *4 (E. D. Cal. 2006). Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. See 28 U.S.C. Feb. 6, 2012). The forum-selection clause here provides that "any claim or dispute arising from or in connection with" the ICOA "shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma." [21-5025] RLM [Entered: 03/25/2021 04:20 PM], [10817921] Docketing statement filed by Thomas Huddleston. See Piedmont Label Co. v. Sun Garden Packing Co., 598 F.2d 491, 496 (9th Cir. Gallo Winery v. Andina Licores S.A., 440 F. Supp. Leaked News! This class action case was initiated by Robert Boulter and co-counsel in 2017 on behalf of driver Thomas Huddleston against Oklahoma based trucking giant John Christner Trucking (JCT) and arises out of its lease purchase 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.. JCT argues that because it is an Oklahoma corporation that holds its driver orientations in Oklahoma and bases its drivers' compensation on miles traveled nationwide, not merely in California, it "never directed its actions at California," and the second prong is left unsatisfied. If you fail to keep your address current, you may not receive your Individual Settlement Amount. Huddleston v. John Christner Trucking | Robert S. Boulter | Attorney at Law John Christner Trucking Reviews - Glassdoor "The scope of the claims governed by a forum selection clause depends [upon] the language used in the clause." 1998) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 518 (1974)) (emphasis in original). JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. Seventh, Oklahoma is available as an alternative forum. More than 3,000 truck drivers were involved. Narayan, 616 F.3d at 897; see also id. Preliminary record filed. "[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." Atl. 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." JCT does not target any advertising specifically to California and, since at least 2013, only 10- 12% of its total nationwide miles have been logged in California. at 24. Id. Hirschbach to acquire John Christner Trucking | FleetOwner 2d 204, 213 (W.D.N.Y. 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. ." John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. Manner of Service: email. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199 (9th Cir. 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. Manner of Service: email. 7. Mot. "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." Manner of Service: email. 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. ; statutory penalties, civil penalties under PAGA, California Labor Code 2699 et seq., all claims for constructive fraud and negligent misrepresentation; and all claims for unjust enrichment (Released Claims). Once the plaintiff carries this burden, the defendant must come forward with a "compelling case" that the exercise of jurisdiction would not be reasonable. The ICOA's choice-of-law provision is narrower than the forum-selection clause. Therein, he states that he is a resident of California and that much of his work activity took place in California. Id. 897 F.2d 377, 385 (9th Cir. John Christner Trucking JCT Never lease with this company as long as BA and JM are there. The settlement administrator will notify you of the decision on the dispute. 2021-11-03, U.S. District Courts | Personal Injury | The organization will now operate over . 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. [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). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Case Details Parties Documents Dockets Case Details Case Number: 21-5025 Filing Date: 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. Iowa company purchases John Christner Trucking in Sapulpa (Oklahoma Class Period). LaCross v. Knight Transportation, Inc., 95 F. Supp. Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. 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. Certificate of Interested Parties: No. Certificate of Interested Parties: Yes. Huddleston has submitted no evidence of court congestion particular to Oklahoma as opposed to California. 5). (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . Court for W. Dist. Second, litigating in California would impose some burden on JCT, but because "modern advances in communications and transportation have significantly reduced the burden of litigating in another [jurisdiction]," Sinatra v. Nat'l Enquirer, Inc., 854 F.2d 1191, 1199 (9th Cir. 367. Don't miss out on our weekly happenings within our company! M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972). John Christner Trucking Employee Reviews for Driver - Indeed Pros. 2006). 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. Served on 03/24/2021. JCT contracted with Huddleston (a California resident) to pick up and drop off cargo in California, which is enough to satisfy the test. "We are impressed with the customized technical . 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. John Christner Trucking insights Based on 104 survey responses Areas for improvement Fair pay for job Trust in colleagues Sense of belonging One of the worst company to work for trcuk driver (Former Employee) - Sapulpa, OK - September 7, 2020 Attention attention avoid this company at all cost. 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. Marine, 134 S. Ct. at 581. (10/24/19 Mot hrng & 12/09/20 Sched conf.). P. 4(k)(1)(A). As it is his burden to show the public interest factors weigh in his favor, he has failed to meet his burden as to this public interest factor. Id. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 464 (1985). Id. However, under certain circumstances, public policy considerations may lead to non-enforcement of an otherwise valid forum selection clause: Huddleston argues that enforcement of the forum-selection clause would operate in tandem with the choice-of-law provision to apply Oklahoma law to his claims and "result in a wholesale waiver of all state wage and hour remedies." 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 Click on the links below to download documents related to the Settlement. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. We've also provided a list of contacts should you have any questions. ICOA 23. Served on 03/25/2021. C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. JCT Customers | John Christner Trucking Response date set to 04/14/2021 for Michelle S. Lim. Id. The combined revenue of both companies will exceed $1 billion and will propel Hirschbach to be one of the nation's largest refrigerated carriers. This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. Docketing statement, transcript order form and notice of appearance due on 03/25/2021 for Thomas Huddleston; notice of appearance due on 03-25-2021 for John Christner Trucking, LLC. OF INTERESTED PARTIES: y. Issued on 04/27/2021. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. 1995). 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. Manner of Service: email. NEW! Gulf Ins. Current Outline Item. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. Opp. 1391(b). 1. Company Snapshot JOHN CHRISTNER TRUCKING LLC USDOT Number: 273897 Other Information for this Carrier SMS Results Licensing & Insurance ID/Operations | Inspections/Crashes In US | Inspections/Crashes In Canada | Safety Rating Any and all claims, demands, causes of action, charges, and grievances, of whatever kind or nature, whether known or unknown, suspected or unsuspected, which Plaintiff and the Class Members now own or hold or have at any time before the Effective Date owned or held against Defendant or any of the Released Parties and which arose out of, are in any way connected to, or that were made or could have been made based on the facts, theories, and claims pled in Plaintiffs Class and Collective Action Complaint (Complaint). As such, the Class Participants understand and agree that they are providing the Released Parties with a full and complete release with respect to the Released Claims. 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. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. In re John Christner Trucking, LLC - casetext.com Now as a fleet of over 800 trucks, John has had the support of many throughout the years, including his two sons Danny & Darryl. John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. Federal judges approved separate class certifications for divers in Oklahoma and California. See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. OF INTERESTED PARTIES: y. Job Summary The Parts Coordinator is responsible for taking parts order, dealing one-on-one with mechanics and drivers. 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." [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], [10825412] Filed notice record is complete. 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. As such, the argument regarding fraud and overreaching fails. The DM speaks to their Drivers poorly and use profanity. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] The combined revenue of both companies will surpass $1 billion and propel . The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. The lawsuit also claimed that it wasn't uncommon for drivers to receive negative paychecks. 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." John Christner Trucking . OF INTERESTED PARTIES: n. Served on 03/12/2021. Whether JCT violated the California Labor Code and Wage Orders will be answered not by looking to the ICOA but instead by the statutes and regulations governing Huddleston's claims. Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. at 9. ECF No. 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. Who are the attorneys representing Defendant John Christner Trucking, LLC? 1988). 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 . Unless you present convincing evidence proving you worked more workweeks than shown by Defendants records, your Individual Settlement Amount will be determined based on Defendants records. Id. [21-5025] [Entered: 03/24/2021 02:58 PM], Docket[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. Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. Plaintiff bears the burden of showing that venue is proper. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. Christner Trucking was facing a class-action lawsuit. John Christner Trucking Reviews - Glassdoor 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. Cal. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. 12. Rhode Island is appealing a court ruling that ended the states truck-only tolls. [21-5025] [Entered: 03/12/2021 05:19 PM], [10814925] Entry of appearance submitted by Rachel Lawrence Mor, Michael J. Blaschke, Carolyn Hunt Cottrell, David C. Leimbach, Michelle S. Lim and Robert S. Boulter for Appellant Thomas Huddleston for court review. Huddleston has not met his burden of demonstrating that this is an "exceptional case" in which the Court should set aside a valid forum-selection clause. Huddleston "alleges that JCT contracts with California residents and instructs them (and others) to make pick-ups and drop-offs in California. Christner said the company has seen continuous growth over the past two decades. 1y+ OTR Owner Operator - Seattle, WA - R.E. Garrison Trucking, Inc. Docketing statement, transcript order form and notice of appearance due on 03/25/2021 for Thomas Huddleston; notice of appearance due on 03-25-2021 for John Christner Trucking, LLC. The Court applies federal law to the interpretation and enforcement of a forum-selection clause. 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. Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. Cal. 2d 1262, 1269 (W.D. OF INTERESTED PARTIES: n. Served on 03/12/2021. Why is this public record being published online? John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. Case information including a copy of the complaint can be found here . gimme fonts Media Center | John Christner Trucking 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. JOHN CHRISTNER TRUCKING - 13 Photos - 19007 W Highway 33 - Yelp Here you can view your weekly settlements, insurance and contracts. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. According to Crowley, JCT does not own or lease any property in California, except for one drop yard it leases in Colton, California. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. Driver Resources | John Christner Trucking Schedule Monday - Friday 1:30pm - 10:30pm. As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. at 13-14 (emphasis in original). The 19 causes of action in the lawsuit: 1404 and the forum-selection clause. Huddleston has submitted an affidavit outlining the "prohibitive" financial hardship associated with litigating this case in Oklahoma, Huddleston Decl. Leaked News! John Christner Trucking Just Sold To Hirschbach - YouTube Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." It is unlawful for Defendant to take any adverse action against you as a result of your participation in this Settlement. 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. 1. Nov. 4, 2010); Ronlake v. US-Reports, Inc., No. Being primarily a FLSA case, JCT contends, "[i]t cannot be said that JCT's California operations made the FLSA claim (or Oklahoma state claims) uniquely possible." . Danny Christner - Chief Executive Officer - John Christner Trucking The Court begins its analysis with JCT's challenge to personal jurisdiction. at 11-12. To do so, send a letter to the settlement administrator explaining the basis for your dispute and attach copies of the supporting evidence. We have the right trucks, the right freight, the right people. This is an estimate of what your fixed expenses and variable expenses may be. The agreement sought to impose New York law, with the potential effect of displacing unwaivable California statutory protections to which the plaintiffs would otherwise be entitled, id. 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. 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."