john christner trucking settlement

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. You do not take home any money. Manner of Service: email. 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. 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." 801, et seq. Discussion in 'Report A BAD Trucking Company Here' started by GipsySoul, Sep 26, 2012. JOHN CHRISTNER TRUCKING - 13 Photos - 19007 W Highway 33 - Yelp 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 6-7 (N.D. Cal. 2000). Core-Vent Corp. v. Nobel Indus. John Christner Trucking has 500 employees. 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | 2015). Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). 2006)). 4:17-cv-00549-GKF-CDL). . (California Class Period), who (1) entered into an Independent Contractor Operating Agreement with Defendant, (2) entered into a Lease Agreement with either Defendant or Three Diamond Leasing, LLC, and (3) were classified as independent contractors. Still others have found that they are neither tort nor contract claims. 5). 5:20-CV-00915 | 2020-09-11, U.S. Courts Of Appeals | Civil Right | Hirschbach Motor Lines acquires John Christner Trucking See Atl. How will the Attorneys for the Class Members be paid? 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. Made in Oklahoma: John Christner Trucking Inc. 0. Served on 04/27/2021. 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). Opp. $246.4 M. Employees. Iskanian v. CLS Transp. 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. 4th 348, 394 (2014) (internal quotation marks and citation omitted). Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. Category: Trucking Companies. Enforceability Of Forum-Selection Clause. [21-5025] [Entered: 03/12/2021 05:19 PM], Docket[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. John Christner Trucking Dec 2010 - Jun 2013 2 years 7 months Invoiced customers for our service, large and small based upon their requests and requirements and on a timely basis. The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. In the context of a motion under Rule 12(b)(3), a court need not accept as true all allegations in the complaint, but may consider facts outside the pleadings. 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. 1993) holding modified by Yahoo! Reply at 3. of Tex., 134 S. Ct. 568, 579 (2013) (internal quotation omitted). On average, employees at John Christner Trucking stay with the company for 2.3 years. Apply today. 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." 2004). If you would like additional information or have any non-legal questions, please contact the Huddleston v. JCT Settlement Administrator: Huddleston v. JCT SettlementAdministratorP.O Box 10269Tallahassee, FL 32302-2269 claims@ssiclaims.com(855) 458-3918, This website is designed and maintained by the Settlement Administrator for thelawsuit known as Huddleston v. John Christner Trucking, LLC. Where a forum-selection clause uses the phrases "arising under," "arising out of," or similar language, the clause is construed narrowly to cover only disputes "relating to the interpretation and performance of the contract itself." 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." Huddleston I, slip op. 1404 and the forum-selection clause. Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. Finally, one place to get all the court documents we need. 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. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. 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." 4:20-CV-00638 | 2020-12-07, U.S. District Courts | Contract | ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." Hirschbach acquires John Christner Trucking - Overdrive Huddleston does not allege that he was prevented from reading the IOCA, misled about the effect of the forum-selection clause, or that the clause was fraudulently inserted without his knowledge. Pros. B. [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. Sign up for our weekly newsletter today! 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 forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. Following redistribution, any unclaimed monies will be paid to Legal Services Corporation. Holland Am. at 17. 2007). Hirschbach Motor Lines today announced the completion of the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. Va. Apr. Hirschbach, based in Dubuque, Iowa, is a privately owned carrier . C. Forum-Selection Clause And 28 U.S.C. July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. 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. 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. ; 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). Christner got his start in trucking in the 1960s hauling produce from California and returning to the coast with juice or meat, and this is still the core of what JCT does today. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. Huddleston has submitted no evidence of court congestion particular to Oklahoma as opposed to California. Hirschbach acquiring John Christner Trucking, creating reefer giant. The combined revenue of both companies will exceed $1. Mot. The organization will now operate over . COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. Co., 417 F.3d at 357. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1073 (9th Cir. Lawrence J. O'Neill UNITED STATES CHIEF DISTRICT JUDGE MEMORANDUM DECISION AND ORDER RE DEFENDANT'S MOTION TO DISMISS FOR LACK OF JURISDICTION, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE (ECF NO. [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. This Settlement is a compromise and is not an admission of liability on the part of Defendant. The most common ethnicity at John Christner Trucking is White (66%), followed by Hispanic or Latino (11%) and Black or African American (10%). 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. "Courts in the Ninth Circuit have generally agreed that the choice-of-law analysis is irrelevant to determining if the enforcement of a forum selection clause contravenes a strong public policy." R. 33.1, order filed by (CLK) extending time to file first brief on cross-appeal and appendix until 07/07/2021 for John Christner Trucking, LLC. 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. 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 CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1080 (9th Cir. Response date set to 04/14/2021 for David C. Leimbach. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. [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. Certificate of Interested Parties: Yes. 11-cv-2009 (LJO)(MJS), 2012 WL 393614, at *4 (E. D. Cal. Mot. The Oklahoma class, specifically, claimed that the trucking companys marketing practices violated the Oklahoma Consumer Protection Act and the Oklahoma Business Opportunity Sales Act. 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."). John Christner Trucking LLC (Oklahoma Transport Company) 2015) (construing similar contract and holding that "while Plaintiffs' misclassification claims 'relate to' the ICOA (and thus trigger the forum-selection clause) they would likely not be governed by Arizona law, as only 'the agreement' itself is governed by such law"). Preliminary record filed. This factor does not weigh in favor of a finding of unreasonableness. For-Hire Companies | Transport Topics Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). John Christner Trucking 19007 W Hwy 33 Internet United States of America. Understand also that this is a lease. Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. Dubuque, Iowa-based Hirschbach Motor Lines announced the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. 1988). Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. Fill out the form below to receive a free and confidential initial consultation. 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." Current Outline Item. | All Rights Reserved. JCT argues in the alternative that even if this Court does have specific personal jurisdiction and venue is proper in this District, the case should be transferred to the Northern District of Oklahoma pursuant to 28 U.S.C. Cal. 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. 2d 1262, 1269 (W.D. One (1) settlement share for each FLSA Workweek. Id. Id. ECF No. Weekly Settlement Deduction with JCT (John Christner Trucking) John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. 10. Sep. 27, 2017). [21-5025] [Entered: 04/14/2021 04:21 PM], Docket[10817932] Minute order filed - Transcript order form due 04/08/2021 for Brian Neil, Court Reporter. 5:15CV81, 2016 WL 1559176, at *5 (W.D. (citing Carnival Cruise Lines, 499 U.S. at 595. The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. 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." Issued on 04/27/2021. The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. LaCross v. Knight Transportation, Inc., 95 F. Supp. at 319. 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. (Text Only - No Attachment). If you dispute the number of workweeks as shown on the Notice that was mailed to you, you may produce evidence to the settlement administrator establishing the dates you contend to have worked for Defendant. This constitutes some purposeful injection into California and supports the reasonableness of the exercise of personal jurisdiction over JCT. 2011). Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. 5-1, Crowley Decl. 2012 WL 393614, at *1 (emphasis supplied). In re John Christner Trucking, LLC - casetext.com The lawsuit was filed in 2017. at 581. Feb. 6, 2012). This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . Narayan, 616 F.3d at 897; see also id. 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. In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. Popular Searches. Danny Christner - Chief Executive Officer - John Christner Trucking We have the right trucks, the right freight, and the right people. at 298. 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. This rating has decreased by -4% over the last 12 months. Manner of Service: email. The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. R. 33.1, order filed by (CLK) extending time to file first brief on cross-appeal and appendix until 07/07/2021 for John Christner Trucking, LLC.

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