john christner trucking settlement

We have the right trucks, the right freight, the right people. 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. Mot. The 'but for' test preserves the requirement that there be some nexus between the cause of action and the defendant's activities in the forum." OF INTERESTED PARTIES: n. Served on 03/12/2021. Cal. Holliday, 2010 WL 3910143, at *3-*4. Narayan, 616 F.3d at 899; see Elijahjuan v. Superior Court, 210 Cal. 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." Id. (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. 2004). | All Rights Reserved. . 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. Huddleston does not argue that the Court could exercise general jurisdiction over JCT but contends that the Court does have specific jurisdiction over JCT. 367. The California Supreme Court has likened PAGA actions to qui tam actions in that a representative plaintiff brings an action "as the proxy or agent of the state's labor enforcement agencies, representing the same legal right and interest as those agencies and seeking statutory civil penalties that otherwise would be sought by those agencies." John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. 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." Served on 03/24/2021. Manner of Service: email. Certificate of Interested Parties: Yes. ECF No. The settlement administrator will total the number of settlement shares for all Class Participants; the resulting sum will be divided into the Net Settlement Amount to reach a per share dollar figure. Cal. July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. Marine, 134 S. Ct. at 583. at 294. Category: Trucking Companies. Atl. 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. 2d 204, 213 (W.D.N.Y. [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. OF INTERESTED PARTIES: y. This constitutes some purposeful injection into California and supports the reasonableness of the exercise of personal jurisdiction over JCT. 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. [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. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 464 (1985). Farm Credit W., PCA v. Lanting, No. Code Ann. Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." Popular Searches. However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." 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. We are all in this together. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. Seventh, Oklahoma is available as an alternative forum. 2006). 2021-06-11, U.S. Courts Of Appeals | Other | 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. Marine, 134 S. Ct. at 584. The clause here is clearly marked; the section header is bolded, and the forum-selection provision is in capital letters. Huddleston has also presented a prima facie case under the purposeful availment test. Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). The failure to submit a written objection as a prerequisite to appearing in court to object to the settlement may be excused upon a showing of good cause. 2015); Robles, 2015 WL 1530510, at *4. The Crowley declaration includes as an exhibit a copy of the "Independent Contractor Operating Agreement" ("ICOA") that Huddleston signed. Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] Fill out the form below to receive a free and confidential initial consultation. 4:2017cv00549 - Document 76 (N.D. Okla. 2018) Court Description: OPINION AND ORDER by Chief Judge Gregory K Frizzell (Miscellaneous deadline: 5/8/2018) ; granting in part and denying in part 58 Motion for Collective Action Certification (kjp, Dpty Clk) Download PDF Id. John Christner Trucking has 500 employees. Marcotte, 2014 WL 4477349, at *8 (quoting Besag v. Custom Decorators, Inc., No. Atl. This class action case was initiated by Robert Boulter and co-counsel in 2017 on behalf of driver Thomas Huddleston against Oklahoma based trucking giant John Christner Trucking (JCT) and arises out of its lease purchase program. None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. JCT argues that neither general nor specific personal jurisdiction exists here. If at the conclusion of the 180-day void period, there are any uncashed checks, the settlement administrator will redistribute those monies to Class Participants who did cash their checks. To calculate your estimated compensation package at JCT: Select OWNER OPERATOR or LEASE PURCHASE. ECF No. CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. . P. 4(k)(1)(A). Judge Gregory Frizzell of the U.S. District Court for the Northern District of Oklahoma granted the motion for class certification on Jan. 30 for truck drivers who worked in California, as well for an Oklahoma consumer protection class. 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 . Atlantic Marine Const. 12. 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. C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. Objections shall only be considered if the Class Member has not opted out of the Settlement. [21-5025] [Entered: 03/11/2021 03:45 PM]. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. Jan. 10, 2006) ("Because venue can properly lie in multiple districts, the court need not compare sales figures in an effort to find the 'best venue'; rather the question is whether the venue chosen by a plaintiff is proper."). ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." I would still be there if I were able to still be there. at 582. More than 3,000 truck drivers were involved. 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. at 581-82. You will, have to pay for your own DOT physical and drug screen, your first settlement will be -$111.00(YES NEGATIVE), relay . 1404 and the forum-selection clause. . [Please open the Notice for important information.] However, under certain circumstances, public policy considerations may lead to non-enforcement of an otherwise valid forum selection clause: Huddleston argues that enforcement of the forum-selection clause would operate in tandem with the choice-of-law provision to apply Oklahoma law to his claims and "result in a wholesale waiver of all state wage and hour remedies." ECF No. Any disputes must be postmarked by Saturday, September 24, 2022, and should be mailed to Huddleston v. JCT Settlement Administrator, P.O. Manner of Service: email. Docketing statement, transcript order form and notice of appearance due on 03/25/2021 for Thomas Huddleston; notice of appearance due on 03-25-2021 for John Christner Trucking, LLC. approve of John M Christner's performance Founded 1986 Company size 1001 to 5,000 Revenue $100M to $500M (USD) Industry Transportation & Logistics Headquarters Sapulpa Oklahoma, United . 4:20-CV-00638 | 2020-12-07, U.S. District Courts | Contract | 9. Who are the attorneys representing Defendant John Christner Trucking, LLC? The Oklahoma class, specifically, claimed that the trucking companys marketing practices violated the Oklahoma Consumer Protection Act and the Oklahoma Business Opportunity Sales Act. (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). 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. 2009) (called into question on other grounds by Narayan v. EGL, Inc., 616 F.3d 895, 899, 904 (9th Cir. "[U]ncontroverted allegations must be taken as true, and conflicts between parties over statements contained in affidavits must be resolved in the plaintiff's favor." [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. 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."). The combined revenue of both companies will surpass $1 billion and propel . at 9. [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. at 1138. [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. We have the right trucks, the right freight, and the right people. 5). Because the parties' private interests should not be considered, the district court may consider only arguments about public-interest factors. Iskanian v. CLS Transp. Following redistribution, any unclaimed monies will be paid to Legal Services Corporation. Served on: 03/25/2021. Reply at 6-8. ECF No. "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." 2002). (Oklahoma Class Period). 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. Certificate of Interested Parties: No. at 7. 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. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. You pay about $1000 week for lease with good miles. DATE RECEIVED: 03/11/2021. 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." Id. 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." According to the complaint, Huddleston worked as an "owner-operator" for JCT until August 2016. B. Venue, Federal Rule of Civil Procedure 12(b)(3) authorizes motions to dismiss for improper venue. Issued on 04/27/2021. 10-1, Huddleston Decl. $246.4 M. Employees. Ronlake v. US-Reports, Inc., No. 5:16-CV-01221 | 2016-10-21, U.S. District Courts | Intellectual Property | at 13-14 (emphasis in original). C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. This website is designed and maintained by the Settlement Administrator for the lawsuit known as Huddleston v. John Christner Trucking, LLC . . In general, managers at John Christner Trucking are good to work with. Cal. As to the ICOA, he testifies that when he was in Oklahoma for orientation, he was told that the ICOA was nonnegotiable, was told that it was offered on a take-it-or-leave-it basis, and that the forum-selection clause and its effects were never explained to him. England Case $37,800,000 Settlement Concluded; Refusal to Drive Unsafe Truck - Driver Awarded $55k; Franchisor's Non-competition Injunction Denied. See, e.g., Brandi v. Belger Cartage Serv., Inc., 842 F. Supp. As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. Opp. Manner of Service: email. 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] Make your practice more effective and efficient with Casetexts legal research suite. 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. Manner of Service: email. [21-5025] [Entered: 03/11/2021 03:45 PM], Dallas County Texas Courts | Personal Injury | Reply at 3. Served on 03/24/2021. Christner said the company has seen continuous growth over the past two decades. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). If you fail to keep your address current, you may not receive your Individual Settlement Amount. If you do not agree with these terms, then do not use our website and/or services. 2d 1115, 1126 (E.D. 3d 1199, 1207 (C.D. This is so, he argues, because the ICOA provides for the application of Oklahoma law, and under Oklahoma law, Huddleston does not meet the statutory definition of "employee" and does not qualify for the sorts of unwaivable statutory remedies to which he would otherwise be entitled under California law. 2012). 2015). 1391. My experience working at John Christner Trucking was a good experience. 5 ("Mot."). The forum-selection clause here, as discussed above, uses broader language that does cover claims brought "in connection with" the employment relationship, even if they do not rely on interpretation of the ICOA itself. 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. The Court applies federal law to the interpretation and enforcement of a forum-selection clause. 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. 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. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. Opp. 2d 1262, 1269 (W.D. Full-Time. . Huddleston I, slip. Id. This is an estimate of what your fixed expenses and variable expenses may be. 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. 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. Second, litigating in California would impose some burden on JCT, but because "modern advances in communications and transportation have significantly reduced the burden of litigating in another [jurisdiction]," Sinatra v. Nat'l Enquirer, Inc., 854 F.2d 1191, 1199 (9th Cir. 3d at 1207 n.6. The U.S. Supreme Court has held that forum-selection clauses are presumptively valid and should only be set aside if the party challenging enforcement can "clearly show that enforcement would be unreasonable and unjust." 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." at 1125. Id. 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. "Although a FLSA claim for relief ostensibly arises from an employment contract, courts have likened FLSA claims to tort claims and have applied the purposeful direction standard."

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