To be heard at the Final Approval Hearing you must also not opt out of the Settlement. Farm Credit W., PCA v. Lanting, No. 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. Served on 04/27/2021. Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. Response date set to 04/14/2021 for Michelle S. Lim. [21-5025] [Entered: 03/11/2021 03:45 PM]. Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. Yahoo! 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. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. Levine v. Entrust Grp., Inc., No. No further written . 20-610 | 2020-11-09, U.S. District Courts | Contract | To do so, send a letter to the settlement administrator explaining the basis for your dispute and attach copies of the supporting evidence. Don't miss out on our weekly happenings within our company! Id. Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. 2021-06-11, U.S. Courts Of Appeals | Other | Served on: 03/25/2021. Manner of Service: email. 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. Gulf Ins. 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." John Christner Trucking has 500 employees. 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." Management. The Ninth Circuit has outlined three situations in which enforcement of a forum-selection clause would be unreasonable: "(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." Feb 17, 2022. Co, 134 S.Ct. The combined revenue of both companies will exceed $1 billion and will propel Hirschbach to be one of the nation's largest refrigerated carriers. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). Id. See also Kia Motors Am., Inc. v. MPA Autoworks, No. 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"). Why is this public record being published online? Oct. 5, 2010)); Hernandez v. Martinez, No. CERT. 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. 3:21-CV-01669 | 2021-07-20, Dallas County District Courts | Personal Injury | Adjust the GREEN FIELDS below. Last name. [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. 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. Still others have found that they are neither tort nor contract claims. b. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. 5). (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], [10817929] Acknowledgment of transcript order filed by Thomas Huddleston. App. It also leases "drop yards" in locations throughout the United States, which are used for parking and staging trailers. (FLSA Collective 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, (3) were classified as independent contractors, and (4) validly opted in to the FLSA collective on or before February 14, 2020 (FLSA Collective Members). Manner of Service: email. Richards v. Lloyd's of London, 135 F.3d 1289, 1297 (9th Cir. 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. 10-cv-02049 (WHA), 2010 WL 4569873, at *2-3 (N. D. Cal. ICOA 23. 1. Cal. When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. 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. In a case not involving a forum-selection clause, a district court considering a Section 1404(a) motion would evaluate both the convenience of the parties and various public interest considerations. Sixth, a California forum is important to Huddleston's interest in convenient relief, since he is a resident of and works in this forum and has averred that traveling to Oklahoma to litigate this case would present a burden. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. We have the right trucks, the right freight, the right people. I would still be there if I were able to still be there. A former safety manager for a California company has been sentenced to probation for a conspiracy involving the illegal repair of cargo tanks. You will if you sign a lease! CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. (internal quotation marks omitted)). John Christner Trucking JCT Never lease with this company as long as BA and JM are there. 3d 1199, 1206 n.4 (C.D. 1404. Our . Ronlake v. US-Reports, Inc., No. Id. Opp. Finally, one place to get all the court documents we need. C. Forum-Selection Clause And 28 U.S.C. 1391(b). 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." 3, 2015). [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. 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."). 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. JCT has not met its burden of showing that this Court's exercise of specific jurisdiction would be unreasonable. 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." 2012). 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. This website is designed and maintained by the Settlement Administrator for the lawsuit known as Huddleston v. John Christner Trucking, LLC . Fifth, the question of efficient judicial resolution is neutral. 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." 1. Objections shall only be considered if the Class Member has not opted out of the Settlement. 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. 14-CV-05530-WHO, 2015 WL 899294, at *3-4 (N.D. Cal. Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. John Christner founded JCT in 1986 with only 2 trucks. 2014) (citing Murphy, 362 F.3d at 1141). ECF No. Job Summary The Parts Coordinator is responsible for taking parts order, dealing one-on-one with mechanics and drivers. . 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. CERT. The court granted class certification for: All current and former individuals, to the extent they performed transportation services for John Christner Trucking within California, who entered into an independent contractor operator agreement with JCT, entered into a lease agreement with either JCT or Three Diamond Leasing, and were classified as independent contractors. JCT leases facilities in Phoenix, Arizona, and Oklahoma City, Oklahoma. 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. Wash. 2005). ECF No. This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. [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. Manner of Service: email. Certificate of Interested Parties: Yes. Opp. This factor does not weigh against transfer. 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. 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." 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. Served on 04/27/2021. 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." The per share dollar figure will then be multiplied by each Class Participants total number of settlement shares to determine the Class Participants pro rata share of the Net Settlement Amount. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. If you object to the Settlement, you cannot opt out of the Settlement, and you will be bound by the terms of Settlement in the event the Court denies your objection. [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. Click on the links below to download documents related to the Settlement. Hirschbach Motor Lines on Feb. 16 announced that it will acquire Sapulpa, Okla.-based refrigerated carrier John Christner Trucking. at 21-22. Personal Jurisdiction. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. In contract cases, courts generally apply the purposeful availment test, while in tort cases they use the purposeful direction analysis. Join to connect John Christner Trucking, LLC. "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. International Shoe Co. v. Washington, 326 U.S. 310, 318 (1945). Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir. at 1125. Deductions from this amount will be made for attorneys fees and costs for Class Counsel (see Section 10 below), settlement administration costs (estimated to be $79,500.00); a service award in an amount not to exceed $25,000.00 to Plaintiff, Thomas Huddleston, for his service to the Class Members, and $75,000.00 to the California Labor and Workforce Development Agency (LWDA), which is 75% of the $100,000.00 the parties allocated to penalties associated with Plaintiffs claim under the California Private Attorneys General Act (PAGA). 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. 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."). Silver Valley Partners, LLC v. De Motte, 400 F. Supp. Marcotte, 2014 WL 4477349, at *8 (quoting Besag v. Custom Decorators, Inc., No. Id. [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. Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. See Local Rule 230(g). Id. This prong may be satisfied by "purposeful availment of the privilege of doing business in the forum; by purposeful direction of activities at the forum; or by some combination thereof." Public Records Policy. Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. Leaked News! 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. The combined revenue of both companies will exceed $1. The Settlement provides that Class Counsel will receive attorneys fees of up to 33.33% of $9,250,000.00, and costs not to exceed $150,000.00. Served on 03/24/2021. RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. Response date set to 04/14/2021 for Carolyn H. Cottrell. "Public-interest factors may include 'the administrative difficulties flowing from court congestion; the local interest in having localized controversies decided at home; [and] the interest in having the trial of a diversity case in a forum that is at home with the law.'" B. Co., Inc. v. U.S. Dist. Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. 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." UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 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. The test's first prong encompasses both purposeful direction and purposeful availment. 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