5-3, Huddleston v. John Christner Trucking, LLC, No. Iowa-based Hirschbach Motor Lines has acquired John Christner Trucking, a refrigerated carrier based in Sapulpa. Id. shall be governed by the provisions of the law in New York." ECF No. at 919. [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. The California resident claims he routinely. CIVF 07-1321 AWI SMS, 2007 WL 3341389, at *7 (E.D. 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 . Understand also that this is a lease. See Fed. Also, every "owner-operator" completes an orientation at those headquarters. C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. We have the right trucks, the right freight, and the right people. [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). 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. If you have questions about this Notice, or the Settlement, or if you did not receive this Notice in the mail and you believe that you are or may be a Class Member, you should contact Class Counsel or the Settlement Administrator.This Notice is only a summary. Code Ann. As to plaintiff specifically, Crowley testifies that only three of Huddleston's twenty-five pick-ups or deliveries were in the Eastern District of California. Core-Vent Corp. v. Nobel Indus. Huddleston v. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. 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. 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. July 12, 2013). Murphy, 362 F.3d at 1140 (quoting M/S Bremen., 47 U.S. at 17). Co., Inc. v. U.S. Dist. Huddleston claims the trucking company misclassifies him and other leasing drivers as independent contractors rather than employees, thus violating a variety of state and federal labor laws. 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 is big enough to offer all you need to be successful but we're small enough to know you by name. The lawsuit was filed in 2017. Christner said the company has seen continuous growth over the past two decades. 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 5) I. 10 West Market Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 637-1777 Facsimile: (317) 687-2414 Huddleston has failed to provide any evidence that the Contract's terms regarding forum selection were not clearly communicated in the ICOA or that the inclusion of the forum selection clause was the product of fraud or overreaching. Plaintiff opposed, ECF No. 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. Id. There are two kinds of personal jurisdiction that a court may exercise over an out-of-state defendant. 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. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. 2021-11-03, U.S. District Courts | Personal Injury | Manner of Service: email. Class Counsel will be paid from the Gross Settlement Amount of $9,250,000.00. JCT was started in 1986 by the John Christner. Cal. P. 4(k)(1)(A). Scam Internet. Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. Job Summary The Parts Coordinator is responsible for taking parts order, dealing one-on-one with mechanics and drivers. 2005) (collecting cases from various federal courts of appeals). 8:20-CV-00421 | 2020-10-14, U.S. District Courts | Contract | 2010) ("Whether the Drivers are entitled to [California Labor Code] benefits depends on whether they are employees of [the defendant], which in turn depends on the definition that the otherwise governing lawnot the partiesgives to the term 'employee.' A federal judge in Oklahoma approved separate class certifications for more than 3,000 truck drivers in a misclassification lawsuit against John Christner Trucking. Mot. So basically they give you older trucks with almost 500k miles. Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. Class Counsel will file a Motion for Attorneys Fees and Costs with the Court. The forum-selection clause, by contrast, states more broadly that "any claim or dispute arising from or in connection with this agreement, whether under federal, state, local, or foreign law . Personal Jurisdiction. DATE RECEIVED: 03/11/2021. Opp. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] The Oklahoma class, specifically, claimed that the trucking companys marketing practices violated the Oklahoma Consumer Protection Act and the Oklahoma Business Opportunity Sales Act. Both sides agree that in light of the risks and expenses associated with continued litigation, this Settlement is fair and appropriate under the circumstances, and in the best interests of the Class Members. 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." This is an estimate of what your fixed expenses and variable expenses may be. [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 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." at 581 n.6 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 241 n.6 (1981) (internal quotation marks omitted)). It also does not have any employees in California except one individual who works from his home in Fresno to arrange the transportation of customer freight. Served on 03/24/2021. When venue is challenged, the court must determine whether the case falls within one of the three categories set out in the general venue statute, 28 U.S.C. Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011). The lawsuit also claimed that it wasn't uncommon for drivers to receive negative paychecks. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Attorney at Scopelitis Garvin Light Hanson & Feary, Attorney at Schneider Wallace Cottrell Konecky, Docket[10826612] On the court's own motion and pursuant to 10th Cir. Leaked News! John Christner Trucking JCT Never lease with this company as long as BA and JM are there. Id. We have the right trucks, the right freight, the right people. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 464 (1985). C 12-03959 WHA, 2012 WL 6087399, at *4 (N.D. Cal. Manner of Service: email. JCT's contacts with California are not mere happenstance resulting from Huddleston's incidental residence in the state independent of JCT's conduct. Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding. 1998) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 518 (1974)) (emphasis in original). No further written . July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. Category: Trucking Companies. (10/24/19 Mot hrng & 12/09/20 Sched conf.). 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. 1391. Gulf Ins. Adjust the GREEN FIELDS below. Have you been screwed by John Christner Trucking yet? 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. [21-5025] [Entered: 04/19/2021 04:25 PM], Docket[10822480] Attorney Ms. Michelle S. Lim for Thomas Huddleston admitted to the bar of this court. 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. John Christner Trucking, LLC, No. Jag Trucking Inc. Revenue. Preliminary record filed. 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." Lease and other payments you end up with about $1000 on 3000 mile wk. 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. Id. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. The general rule is that each plaintiff in a class action must individually satisfy venue, so the venue determination is "based on the plaintiffs in the class actionnot absent class members." 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. 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." [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. John Christner Trucking has 500 employees. 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"). By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Id. 367. LaCross, 95 F. Supp. "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." 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." To be heard at the Final Approval Hearing you must also not opt out of the Settlement. Id. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. "); Turner v. Syfan Logistics, Inc., No. 5:16-CV-01221 | 2016-10-21, U.S. District Courts | Intellectual Property | Cal. Compare Gonzalez v. Crete Carrier, Consequently, when evaluating a 1404(a) motion based on a forum-selection clause, a court should transfer, Full title:THOMAS HUDDLESTON, individually and on behalf of all others similarly, Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, In Huddleston, Chief Judge O'Neill of this district confronted a materially identical clause: "This Agreement shall be interpreted in accordance with, and governed by the laws of the United States and, of the State of Oklahoma.". Click on the links below to download documents related to the Settlement. | All Rights Reserved. LaCross, 95 F. Supp. 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. 5 ("Mot."). John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. 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 . 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. Huddleston contends that because thirteen of the nineteen causes of action are based on California law, a California federal court will be better equipped to apply California state law than an Oklahoma court would be. See Dole Food Co. v. Watts, 303 F.3d 1104, 1114 (9th Cir. Purposeful availment is not enough; the claims in this case must also arise out of FCT's contacts with California. 10-1. 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. 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). Manner of Service: email. Co., 417 F.3d at 357. Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. Christner Trucking was facing a class-action lawsuit. Defendant further denies that it misled any Class Member about its lease operator program. Huddleston has submitted an affidavit outlining the "prohibitive" financial hardship associated with litigating this case in Oklahoma, Huddleston Decl. 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." App. . Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. 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 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. Served on 03/25/2021. 2007) (citing Murphy, 362 F.3d at 1141; E.J. [21-5025] [Entered: 04/20/2021 09:24 AM], Docket[10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. [21-5025] [Entered: 03/24/2021 02:58 PM], [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. John Christner Trucking adds 800 trucks to the Hirschbach fleet. The DM speaks to their Drivers poorly and use profanity. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. In Shute v. Carnival Cruise Lines, the Ninth Circuit reasoned that "[t]he 'but for' test is consistent with the basic function of the 'arising out of requirementit preserves the essential distinction between general and specific jurisdiction. 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. This factor primarily concerns "where the witnesses and the evidence are likely to be located." Cal. 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. Cal. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] Hirschbach, based in Dubuque, Iowa, is a privately owned carrier . 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/. A trucker has been awarded $500,000 after being unlawfully detained while making a 2019 delivery in California. Issued on 04/27/2021. 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." at 11-12. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], [10825412] Filed notice record is complete. 2d 1115, 1126 (E.D. Atl. Make your practice more effective and efficient with Casetexts legal research suite. Manner of Service: email. Id. . 4th 348, 394 (2014) (internal quotation marks and citation omitted). Good lease to make money. 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." 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). Rhode Island is appealing a court ruling that ended the states truck-only tolls. RLM [Entered: 03/12/2021 04:57 PM], [10814509] Civil case docketed. All Rights Reserved. Indeed, courts have found the requirements of specific personal jurisdiction satisfied where a shipping company contracts to ship goods from one state to a second state and a cause of action arises in a third state through which the goods were passing. . The Court applies federal law to the interpretation and enforcement of a forum-selection clause. Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. 30-31, Ex. C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. ECF No. As such, the argument regarding fraud and overreaching fails. Certificate of Interested Parties: Yes. The combined revenue of both companies will exceed $1 billion and will propel Hirschbach to be one of the nation's largest refrigerated carriers. Huddleston has also presented a prima facie case under the purposeful availment test. shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . Can Defendant retaliate against me for participating in this Settlement? M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972). This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. 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. Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. 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.