12-CV-06133-LHK, 2014 WL 3962647, at *4 (N.D. Cal. As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. Ziegler v. Indian River County, 64 F.3d 470, 475 (9th Cir. Cal. 1995). A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. 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." 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. C. Forum-Selection Clause And 28 U.S.C. Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. ECF No. (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. Make your practice more effective and efficient with Casetexts legal research suite. 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. Marine, 134 S. Ct. at 581. 20-6072 | 2020-05-21. Line, Inc. v. Wartsila N. 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. at 581. Also, every "owner-operator" completes an orientation at those headquarters. Certificate of Interested Parties: Yes. [21-5025] [Entered: 04/19/2021 04:25 PM], [10822480] Attorney Ms. Michelle S. Lim for Thomas Huddleston admitted to the bar of this court. JCT Media Center. 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. 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." [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. This language has broad reach, and because Huddleston's claims concern the relationship created by the ICOA, which created the working relationship between the parties, his claims fall within the scope of the forum-selection clause. . John Christner Trucking LLC Sapulpa, OK. Quick Apply. Here you can view your weekly settlements, insurance and contracts. 10 ("Opp. 367. Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding. 5:15CV81, 2016 WL 1559176, at *5 (W.D. Lease and other payments you end up with about $1000 on 3000 mile wk. # 9). The combined revenue of both companies will exceed $1 billion and will propel Hirschbach to be one of the nation's largest refrigerated carriers. Thread Status: Not open for further replies. granted the motion for class certification, International group throws support behind Rhode Islands appeal of truck toll verdict, Vehicle weight at issue in overtime lawsuit, Trucker awarded $500K after being unlawfully detained, Former safety manager receives probation for cargo tank conspiracy. A former safety manager for a California company has been sentenced to probation for a conspiracy involving the illegal repair of cargo tanks. 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." --------. at 11-12. Id. Manner of Service: email. The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. 801, et seq. Please do not contact the court. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. Huddleston v. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. To be heard at the Final Approval Hearing you must also not opt out of the Settlement. 1y+ OTR Owner Operator - Seattle, WA - R.E. Garrison Trucking, Inc. 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." The test's first prong encompasses both purposeful direction and purposeful availment. ." Yahoo! 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. 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. Submit. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. ***TIDBIT TUESDAY*** QualComm Message Reinder: Every Friday around 10:00 am you receive a message from the driver settlement department on your qual comm. Now as a fleet of over 800 trucks, John has had the support of many throughout the years, including his two sons Danny & Darryl. In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. 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." 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. JCT argues that the centerpiece of Huddleston's complaint is the Fair Labor Standards Act ("FLSA"), which set nationwide standards, and because Huddleston performed long-haul truck-driving services throughout the country, the FLSA claims "could have arisen whether he was a resident of California, Connecticut, Colorado, or any other state in the country." ; 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). [Please open the Notice for important information.] 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." See 28 U.S.C. "For a party to escape a forum selection clause on the grounds of fraud, it must show that 'the inclusion of that clause in the contract was the product of fraud or coercion.'" John Christner Trucking - Inc. John Christner Trucking LLC. 1 : UPS Inc. The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. [21-5025] [Entered: 03/15/2021 11:58 AM], Docket[10814928] Entry of appearance filed by Michael J Blaschke, Mr. Robert S. Boulter, Ms. Carolyn H. Cottrell, Mr. David C. Leimbach, Ms. Michelle S. Lim and Ms. Rachel Lawrence Mor for Thomas Huddleston. [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). Manner of Service: email. 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. Fifth, the question of efficient judicial resolution is neutral. There are two kinds of personal jurisdiction that a court may exercise over an out-of-state defendant. Netherland v. John Christner Trucking, L.L.C. (2:14-cv-00183 at *3-*4 and thus had broader reach than the choice-of-law provision in the ICOA here. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. 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."). [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. 10. at 9. Huddleston v. John Christner Trucking, LLC, No. 4:2017cv00549 17-cv-02081-RS ("Huddleston I"), slip op. Under the general venue statute, a civil action may be brought in: (1) a judicial district in which any defendant resides, if all defendants are residents of the state in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action. John Christner Trucking Class Action Certified | Robert S. Boulter 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. 10-1. CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. All current and former individuals who provide transportation services for John Christner Trucking within the United States, who entered into an independent contractor operator agreement with JCT and entered into a lease agreement with either JCT or Three Diamond Leasing. Huddleston v. John Christner Trucking, LLC: ERRATA/CORRECTION (Re: 269 Defendant is represented by the following attorneys: Christopher J. Eckhart Angela S. Cash Karen B. Reisinger SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C. Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. Purposeful availment is not enough; the claims in this case must also arise out of FCT's contacts with California. 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. at 294. 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." 2012). The DM speaks to their Drivers poorly and use profanity. 5) I. Hirshbach buys John Christner Trucking, boosts its reefer carrier ranking Reply at 6-8. John Christner Trucking Employee Reviews for Driver - Indeed Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. 10 West Market Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 637-1777 Facsimile: (317) 687-2414 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). "We are impressed with the customized technical . Huddleston claims JCT misclassified its "owner-operators" as independent contractors, rather than employees, and thus violated a variety of state and federal labor laws, including those governing payment of wages, minimum wage, meal and rest breaks, and wage reporting. Under California's long-arm statute, courts may exercise personal jurisdiction "on any basis not inconsistent with the Constitution of this state or of the United States." Huddleston v John Christner Trucking | 21-5025 | Court Records - UniCourt [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. Opp. at 21-22. CDL Solo and Team Truck Drivers - Granville, PA - John Christner Trucking 21% of John Christner Trucking employees are women, while 79% are men. Fourth, the interest of the forum state is great, because California has a strong interest "in protecting its citizens from the wrongful acts of nonresident defendants." [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. "'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." at 319. 74] of the defendant, John Christner Trucking, LLC ("JCT"). The state of California may have an interest in the outcome of this dispute, but that interest is not so overwhelming or unusual that this should be an exception to the general rule that a valid forum-selection clause should be honored. See also Kia Motors Am., Inc. v. MPA Autoworks, No. Served on 03/24/2021. 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. 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"). [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. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], [10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. You will if you sign a lease! ECF No. 2004). JCT was started in 1986 by the John Christner. 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. 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 . Parts Coordinator. 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. Served on: 03/25/2021. App. 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 Court begins its analysis with JCT's challenge to personal jurisdiction. Opp. (Filing fee $ 400, receipt number 0972-7154708) (Attachments: # 1 Civil Cover Sheet) (Cottrell, Carolyn) [Transferred from California Eastern on 9/28/2017.] First name. 1998). Education among Chamber's priorities | | tulsaworld.com Atl. ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." 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. [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. John Christner Trucking, LLC, N.D. Oklahoma (Case No. Cal. You do not take home any money. 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. Cal. [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). Therein, he states that he is a resident of California and that much of his work activity took place in California. Updated May 4, 2022. Civ. [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. at 297. Cal. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], Docket[10817929] Acknowledgment of transcript order filed by Thomas Huddleston. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." Served on 03/12/2021. Mot. In the event any portion of the Individual Settlement Amounts paid to Plaintiff and Class Participants is ultimately construed by the IRS or any other taxing authority to be taxable income from which taxes should have been withheld, Plaintiff and Class Participants shall pay any and all such taxes, interest, and penalties on the amount they receive. 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. 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. We can transport your goods at temperatures ranging anywhere from minus 20 degrees Fahrenheit to plus 90 degrees Fahrenheit and hold them at the temperature you specify. COO John Christner Trucking, LLC . The original complaint alleged that truck drivers for John Christner Trucking often worked 70-100 hours per week while being paid less than $500. Hirschbach, based in Dubuque, Iowa, is a privately owned carrier . [21-5025] [Entered: 03/11/2021 03:45 PM]. $246.4 M. Employees. 2006). John Christner Trucking JCT Never lease with this company as long as BA and JM are there. Id. ICOA 23. Manner of Service: email. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). [a] forum [selection] clause should control absent a strong showing that it should be set aside." Response date set to 04/14/2021 for David C. Leimbach. COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], [10817929] Acknowledgment of transcript order filed by Thomas Huddleston. Classes approved in lawsuit against John Christner Trucking "'[A] party challenging enforcement of a forum selection clause may not base its challenge on choice of law analysis.'"