[21-5025] RLM [Entered: 03/25/2021 04:03 PM], [10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. it must be reasonable." "); Turner v. Syfan Logistics, Inc., No. 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. Oklahoma Class All current and former individuals who provide(d) transportation services for Defendant within the United States, who (1) entered into an Independent Contractor Operating Agreement with Defendant, and (2) entered into a Lease Agreement with Defendant or Three Diamond Leasing, LLC, from April 12, 2014 to June 21, 2022. 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. (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). [Please open the Notice for important information.] Marcotte v. Micros Sys., Inc., No. Unless you present convincing evidence proving you worked more workweeks than shown by Defendants records, your Individual Settlement Amount will be determined based on Defendants records. Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." Hirshbach buys John Christner Trucking, boosts its reefer carrier ranking C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. More than 3,000 truck drivers were involved. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). SAFER Web - Company Snapshot JOHN CHRISTNER TRUCKING LLC - Transportation 2d 204, 213 (W.D.N.Y. John Christner Trucking, L.L.C. 1998) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 518 (1974)) (emphasis in original). RLM [Entered: 03/12/2021 04:57 PM], [10814509] Civil case docketed. But after fuel. 0. B. Venue, Federal Rule of Civil Procedure 12(b)(3) authorizes motions to dismiss for improper venue. The court denied motions for certification to a California resident class and the portion of the Oklahoma class related to the Oklahoma Business Opportunity Sales Act claims. 801, et seq. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. 3:21-CV-01669 | 2021-07-20, Dallas County District Courts | Personal Injury | Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. Reply at 3. . 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." [21-5025] [Entered: 03/11/2021 03:45 PM], Dallas County Texas Courts | Personal Injury | 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. 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. 1391 (d). 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." ICOA 23. JCT also argues for transfer to the Northern District of Oklahoma pursuant to 28 U.S.C. No further written . 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. The Court applies federal law to the interpretation and enforcement of a forum-selection clause. Huddleston "alleges that JCT contracts with California residents and instructs them (and others) to make pick-ups and drop-offs in California. [21-5025] [Entered: 03/15/2021 11:58 AM], [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. John Christner Trucking Team Truck Jobs | John Christner Trucking 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. John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." 1:11-CV-02009 LJO, 2012 WL 393614, at *3-4 (E.D. Team Leader in Settlement Services #219682 - linkedin.com John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." 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. Huddleston v. John Christner Trucking, LLC - Casetext Manner of Service: email. at 6-7 (N.D. Cal. Objections shall only be considered if the Class Member has not opted out of the Settlement. Have you been screwed by John Christner Trucking yet? Federal Rule of Civil Procedure 12(b)(2) authorizes motions to dismiss for lack of personal jurisdiction. Sign up for our weekly newsletter today! Huddleston v John Christner Trucking | 21-5025 | Court Records - UniCourt John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . We have the right trucks, the right freight, the right people. [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. COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. You may also withdraw your objection in writing by mailing a withdrawal statement to the Court and counsel for the parties postmarked no later than Monday, October 17, 2022, orally at the Final Approval Hearing, or as otherwise ordered by the Court. at 24. Long hours and little pay: Lawsuit claims local trucking company If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. App. Richards v. Lloyd's of London, 135 F.3d 1289, 1297 (9th Cir. CERT. [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. jct Logistics - JCT Logistics Driver Resources | John Christner Trucking Driver Resources Welcome JCT Drivers This page is dedicated to keeping you up to date with the latest JCT info. Following redistribution, any unclaimed monies will be paid to Legal Services Corporation. The purposeful-direction requirement is satisfied. Dubuque, Iowa-based Hirschbach Motor Lines announced the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. Cal. According to Crowley, JCT does not own or lease any property in California, except for one drop yard it leases in Colton, California. 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. Huddleston v. John Christner Trucking, LLC, 1:17-cv-00925-LJO-SAB (E.D. 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. at 11-12. Atl. . B. Venue. Huddleston I, slip op. Submit. 2021-11-03, U.S. District Courts | Personal Injury | In other words, while the "in connection with" language is broad enough to encompass Huddleston's misclassification claims and bring them under the umbrella of the forum-selection clause, the ICOA provides that Oklahoma law applies only to interpretation of the ICOA itself. 9. Who are the attorneys representing Defendant John Christner Trucking, LLC? 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." We have the right trucks, the right freight, and the right people. 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. LaCross, 95 F. Supp. 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. In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. (10/24/19 Mot hrng & 12/09/20 Sched conf.). Served on 03/12/2021. Gulf Ins. A former safety manager for a California company has been sentenced to probation for a conspiracy involving the illegal repair of cargo tanks. Each Class Participant (as described in Section 3) will receive a pro rata share of the Net Settlement Amount based on settlement shares assigned to them as described below. Also, every "owner-operator" completes an orientation at those headquarters. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 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. 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. Cancellation and Refund Policy, Privacy Policy, and See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. 1391. 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. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. [21-5025] [Entered: 04/20/2021 09:24 AM], [10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. Join to connect John Christner Trucking, LLC. Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. Huddleston seeks to represent other "owner-operators" in a collective action under the Fair Labor Standards Act ("FLSA") and class actions under California and Oklahoma law. Please do not contact the court. at 581. 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. 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 .