As to the ICOA, he testifies that when he was in Oklahoma for orientation, he was told that the ICOA was nonnegotiable, was told that it was offered on a take-it-or-leave-it basis, and that the forum-selection clause and its effects were never explained to him. [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. It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. OF INTERESTED PARTIES: n. Served on 03/12/2021. Holland Am. Served on 03/24/2021. john christner trucking Inc. John Christner Trucking. Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. (Oklahoma Class Period). Farm Credit W., PCA v. Lanting, No. 4:21-CV-00132 | 2021-03-24, U.S. District Courts | Other | There are two kinds of personal jurisdiction that a court may exercise over an out-of-state defendant. P. 4(k)(1)(A). . ECF No. it must be reasonable." . First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. Every dime goes to the truck. 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. "We are proud to partner with WorkAdvance and provide Tulsans with employment opportunities," said Angie Buchanan, vice president of Melton Truck Lines. You do not have to pay the attorneys who represent the Class Members. LaCross v. Knight Transportation, Inc., 95 F. Supp. Defendant is represented by the following attorneys: Christopher J. EckhartAngela S. CashKaren B. ReisingerSCOPELITIS, GARVIN, LIGHT,HANSON & FEARY, P.C.10 West Market Street, Suite 1400Indianapolis, IN 46204Telephone: (317) 637-1777Facsimile: (317) 687-2414, Bobby L. Latham, Jr.James L. ColvinLATHAM WAGNER STEELE LEHMAN1515E. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. 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. One (1) settlement share for each FLSA Workweek. Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. Id. 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." 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. Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." JCT argues that neither general nor specific personal jurisdiction exists here. 5:20-CV-00915 | 2020-09-11, U.S. Courts Of Appeals | Civil Right | 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. 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." M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972). Oct. 5, 2010)); Hernandez v. Martinez, No. This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. Id. 3d at 1206 n.5 (holding that a representative PAGA claim could be litigated in Arizona federal courts); see also id. 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. John Christner Trucking JCT Never lease with this company as long as BA and JM are there. 18, 2016) ("It can come as no surprise to Syfan that litigation in Virginia might ensue when Syfan's conduct ensured DD would haul a load of frozen chicken across a significant portion of the state."). 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 . Issued on 04/27/2021. . Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. Hirschbach acquiring John Christner Trucking, creating reefer giant. The general venue statute does not authorize venue in a single district in which the most substantial part of the events or omissions giving rise to the claim occurred. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. The settlement administrator will determine all Individual Settlement Amounts based on Defendants records of the weeks worked by Class Members. You pay about $1000 week for lease with good miles. Christner said the company has seen continuous growth over the past two decades. Management. Response date set to 04/14/2021 for Michelle S. Lim. Web: www.johnchristner.com. The purposeful direction test requires satisfaction of all three prongs of the Supreme Court's effects test from Calder v. Jones, 465 U.S. 783, 789-90 (1984). JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. ECF No. Contact Who is John Christner Trucking, LLC Headquarters 19007 W Hwy 33, Sapulpa, Oklahoma, 74067, United States Phone Number (918) 227-1600 Website www.johnchristner.com Revenue $246.4M Industry Freight & Logistics Services Transportation at 581-82. Select SOLO DRIVER or TEAM DRIVER. Email. Co. v. Glasbrenner, 417 F.3d 353, 356 (2d Cir. More than 3,000 truck drivers were involved. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. The Court disagrees. Discussion in 'Report A BAD Trucking Company Here' started by GipsySoul, Sep 26, 2012. Marine, 134 S. Ct. at 583. b. While FLSA claims can arise in any state, JCT's decision to hire Huddleston, a California resident, to make pick-ups and drop-offs in California means that his claims arose, at least in part, there. On average, employees at John Christner Trucking stay with the company for 2.3 years. 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. 12. 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. LaCross v. Knight Transportation, Inc., 95 F. Supp. (citing Carnival Cruise Lines, 499 U.S. at 595. "Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin." 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. 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 "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." 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. 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. # 9). Served on 03/25/2021. 1391. 2014) (citing Murphy, 362 F.3d at 1141). It is unlawful for Defendant to take any adverse action against you as a result of your participation in this Settlement. Served on 04/27/2021. 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." Here you can view your weekly settlements, insurance and contracts. The Court begins its analysis with JCT's challenge to personal jurisdiction. However, "the Ninth Circuit has rejected the argument that unequal bargaining power is a ground to reject enforcement of a forum selection clause in an employment contract." Manetti-Farrow, Inc. v. Gucci Am., Inc., 858 F.2d 509, 513 (9th Cir. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. Huddleston "alleges that JCT contracts with California residents and instructs them (and others) to make pick-ups and drop-offs in California. Narayan, 616 F.3d at 897; see also id. Join to connect John Christner Trucking, LLC. Manner of Service: email. JCT is big enough to offer all you need to be successful but we're small enough to know you by name. Because the parties' private interests should not be considered, the district court may consider only arguments about public-interest factors. A review of the distirct court docket shows transcripts ordered were already on file. at 1138. 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 . I would still be there if I were able to still be there. --------. Id. The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. 11-cv-2009 (LJO)(MJS), 2012 WL 393614, at *4 (E. D. Cal. Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. . Enforceability Of Forum-Selection Clause. Marine, 134 S. Ct. at 584. They say lease purchase but you have to lease for 5 yrs before u can own it. at 581. Last year's revenues were $185 million, and the company expects to reach $200 million this year. 2015); Robles, 2015 WL 1530510, at *4. . at 7. Certificate of Interested Parties: Yes. John Christner Trucking Case Summary On 03/11/2021 Huddleston filed a Labor - Labor Standard lawsuit against John Christner Trucking. Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. Manner of Service: email. 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. Feb 17, 2022. 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. at 298. Dec. 6, 2012). RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. Plaintiff and Class Participants should consult with their own tax advisors concerning the tax consequences of the Settlement based on their Individual Settlement Amount. 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. With combined revenues expected to exceed $1 billion annually, the reefer conglomerate will operate more than 3,000 trucks and . 1 at 18. 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. Preliminary record filed. 801, et seq. 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 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. (citing Holliday, 2010 WL 3910143, at *4). [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). 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. We've also provided a list of contacts should you have any questions. 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 test's first prong encompasses both purposeful direction and purposeful availment. DECLARATION OF KAREN BUTLER REISINGER RE DEFENDANT'S CLASS ACTION FAIRNESS ACT SETTLEMENT NOTICE by John Christner Trucking, LLC (With attachments) (Reisinger, Karen) [21-5025] RLM [Entered: 03/25/2021 04:03 PM], [10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. 1998) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 518 (1974)) (emphasis in original). Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. 2007). 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. at 1125. Why is this public record being published online? Co., 417 F.3d at 357. 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. 17-cv-02081-RS ("Huddleston I"), slip op. Plaintiff Thomas Huddleston brings this wage-and-hour putative class action lawsuit against defendant John Christner Trucking, LLC ("JCT"). 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. 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." 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. A trucker has been awarded $500,000 after being unlawfully detained while making a 2019 delivery in California. Preliminary record filed. The deal will form one of the biggest temperature-controlled fleets in the nation at more than 3,000 trucks (800 at JCT), 5,000 trailers and total revenue exceeding $1 billion. John Christner Trucking LLC Sapulpa, OK. Quick Apply. 1337, 1341-42 (D. Kan. 1994) ("[G]iven the nationwide nature of Professional's transportation brokerage service, it should certainly have foreseen the possibility of litigation arising in a state through which it had arranged for the shipment of goods. Adjust the GREEN FIELDS below. The combined revenue of both companies will surpass $1 billion and propel . Phone: 8003241900. at 24. Federal judges approved separate class certifications for divers in Oklahoma and California. Still others have found that they are neither tort nor contract claims. Marcotte v. Micros Sys., Inc., No. 752, et seq. Huddleston alleges in the Complaint that he "would regularly engage in JCT's business in various locations within this judicial district, including but not limited to Fresno, Stockton, Tulare, Newman, Turlock, Modesto, Merced, Madera, and Livingston." Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. 10-1, Huddleston Decl. JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. Huddleston does not exclusively bring California claims; the Complaint also contains four causes of action under Oklahoma law, and in any case, "federal judges routinely apply the law of a State other than the State in which they sit." Overall. Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. Opp. This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. 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. 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 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." Cal. Schedule Monday - Friday 1:30pm - 10:30pm. 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.