10. 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. at 297. As such, the Class Participants understand and agree that they are providing the Released Parties with a full and complete release with respect to the Released Claims. Hirschbach Motor Lines recently agreed to acquire John Christner Trucking (JCT), a refrigerated carrier based in Sapulpa, Oklahoma. App. Here you can view your weekly settlements, insurance and contracts. Opp. 1 at 18. at 581-82. 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. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], [10817929] Acknowledgment of transcript order filed by Thomas Huddleston. This Settlement is a compromise and is not an admission of liability on the part of Defendant. If you fail to keep your address current, you may not receive your Individual Settlement Amount. Silver Valley Partners, LLC v. De Motte, 400 F. Supp. It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. John Christner Trucking Reviews - Glassdoor 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. Id. 2012 WL 393614, at *1 (emphasis supplied). 2014) (citing Murphy, 362 F.3d at 1141). Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. 2d 1115, 1126 (E.D. OF INTERESTED PARTIES: y. Media Center | John Christner Trucking 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." Atl. 2011). Also, every "owner-operator" completes an orientation at those headquarters. Sep. 27, 2017). It is well established that the Fourteenth Amendment's Due Process Clause limits the power of a court to exercise jurisdiction over out-of-state defendants who do not consent to jurisdiction. 1993) holding modified by Yahoo! A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. SAFER Web - Company Snapshot JOHN CHRISTNER TRUCKING LLC - Transportation Wash. 2005). Enforceability Of Forum-Selection Clause. "Even though the defendant's headquartersfrom which the challenged policies originatedwere located outside of California, jurisdiction was still proper based on the application of the policies to the company's activities in this state." A. CDL Solo and Team Truck Drivers - Granville, PA - John Christner Trucking . [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. Manner of Service: email. If you have money saved in your account or money they owe you for loads you have delivered they will pay . 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. 74] of the defendant, John Christner Trucking, LLC ("JCT"). Manner of Service: email. The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. at 20. . (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. The lawsuit was filed in 2017. Hirschbach Motor Lines on Feb. 16 announced that it will acquire Sapulpa, Okla.-based refrigerated carrier John Christner Trucking. Atlantic Marine Const. b. [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. 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. Response date set to 04/14/2021 for Carolyn H. Cottrell. In determining whether jurisdiction is reasonable, courts consider seven factors: (1) the extent of a defendant's purposeful interjection into the forum; (2) the burden on the defendant in defending in the forum; (3) the extent of conflict with the sovereignty of the defendant's state; (4) the forum state's interest in adjudicating the dispute; (5) the most efficient judicial resolution of the dispute; (6) the importance of the forum to the plaintiff's interest in convenient and effective relief; and (7) the existence of an alternative forum. P. 4(k)(1)(A). Because the parties' private interests should not be considered, the district court may consider only arguments about public-interest factors. Can Defendant retaliate against me for participating in this Settlement? [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. A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. 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. op. (Filing fee $ 400, receipt number 0972-7154708) (Attachments: # 1 Civil Cover Sheet) (Cottrell, Carolyn) [Transferred from California Eastern on 9/28/2017.] Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011). 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. 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. 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. Federal judges approved separate class certifications for divers in Oklahoma and California. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1080 (9th Cir. If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. Cases involving labor standard violations, Fair Labor Standards Act (FLSA) - 29 USC 201, [10826612] On the court's own motion and pursuant to 10th Cir. [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. 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. 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." shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. Last name. Your decision as to whether or not to participate in this Settlement will in no way affect your work or relationship with Defendant or future work or relationship with Defendant. Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. No money will revert to Defendant. jct Logistics - JCT Logistics JCT moves to dismiss based on lack of personal jurisdiction and improper venue or, in the alternative, to transfer the case to the Northern District of Oklahoma, the forum specified in the forum-selection clause of the contract between the parties. This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. Va. Apr. See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. A former safety manager for a California company has been sentenced to probation for a conspiracy involving the illegal repair of cargo tanks. CERT. 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. Served on: 03/25/2021. The Court cannot find on this record that honoring the forum-selection clause would mean that Huddleston "will for all practical purposes be deprived of his day in court." Huddleston "alleges that JCT contracts with California residents and instructs them (and others) to make pick-ups and drop-offs in California. See also Kia Motors Am., Inc. v. MPA Autoworks, No. 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. Defendant is represented by the following attorneys: Christopher J. Eckhart Angela S. Cash Karen B. Reisinger SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C. 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. CLAIRE V. EAGAN UNITED STATES DISTRICT JUDGE OPINION AND ORDER Now before the Court is Defendants John Christner Trucking, LLC and Three Diamond Leasing, LLC's Motion to Dismiss and Brief in Support (Dkt. 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 . Hirschbach to Acquire John Christner Trucking | Transport Topics 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. Huddleston I, slip. This is an estimate of what your fixed expenses and variable expenses may be. 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." . Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse. The case status is Pending - Other Pending. 2010) ("Whether the Drivers are entitled to [California Labor Code] benefits depends on whether they are employees of [the defendant], which in turn depends on the definition that the otherwise governing lawnot the partiesgives to the term 'employee.' 4:20-CV-00638 | 2020-12-07, U.S. District Courts | Contract | John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. See, e.g., Brandi v. Belger Cartage Serv., Inc., 842 F. Supp. Mousavi v. John Christner Trucking, LLC - Casetext Copyright 2023 Land Line Magazine & Land Line Now. John Christner Trucking Team Truck Jobs | John Christner Trucking Full-Time. Cancellation and Refund Policy, Privacy Policy, and at 11-12. Cal. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. According to court documents, John Christner Trucking is a for-hire motor carrier that provides trucking services nationwide and relies, in part, on drivers who operate trucks leased from its company, Three Diamond Leasing. Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. Working at John Christner Trucking: 135 Reviews in US - Indeed In essence, the lawsuit alleges JCT made false representations about its lease purchase program and concealed material facts. Whether JCT violated the California Labor Code and Wage Orders will be answered not by looking to the ICOA but instead by the statutes and regulations governing Huddleston's claims. [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. Served on 03/24/2021. This rating has decreased by -4% over the last 12 months. Now as a fleet of over 800 trucks, John has had the support of many throughout the years, including his two sons Danny & Darryl. Manner of Service: email. JCT responds that only three of the twenty-five loads that Huddleston performed had pick-ups or deliveries that took place within this district and that in any case, the classification decisions giving rise to this suit took place at JCT's corporate headquarters in Oklahoma and not in California at all. 5:20-CV-00915 | 2020-09-11, U.S. Courts Of Appeals | Civil Right | 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." 2d 1262, 1269 (W.D. [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. [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. ECF No. Thread Status: Not open for further replies. Cal. Arising Out Of Forum-Related Activities. The touchstone for asserting specific jurisdiction over a nonresident defendant is "the relationship among the defendant, the forum, and the litigation." Los Angeles, LLC, 59 Cal. ." Hirschbach to acquire John Christner Trucking - TheTrucker.com LaCross, 95 F. Supp. The court, however, "is obligated to draw all reasonable inferences in favor of the non-moving party and resolve all factual conflicts in favor of the non-moving party." Huddleston v. John Christner Trucking, LLC 2021-06-11, U.S. Courts Of Appeals | Other | JCT Variable Lease See Local Rule 230(g). 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. Cal. LaCross, 95 F. Supp. 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." Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. Cal. Objections shall only be considered if the Class Member has not opted out of the Settlement. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. . [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] See Narayan v. EGL, Inc., 616 F.3d 895, 899 (9th Cir. Court denies four of 19 claims in John Christner Trucking lawsuit "'[A] party challenging enforcement of a forum selection clause may not base its challenge on choice of law analysis.'" Response date set to 04/14/2021 for Michelle S. Lim. Opp. Scam Internet. of Tex., 134 S. Ct. 568, 579 (2013) (internal quotation omitted). Huddleston argues that his claims brought pursuant to the Private Attorney General Act ("PAGA") are of such a strong local nature that they should be litigated in California. Line, Inc. v. Wartsila N. 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). C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. . 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. 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. Huddleston v. John Christner Trucking, LLC (4:17-cv-00549) Plaintiff opposed, ECF No. Id. It also leases "drop yards" in locations throughout the United States, which are used for parking and staging trailers. Murphy, 362 F.3d at 1140 (quoting M/S Bremen., 47 U.S. at 17). The forum-selection clause, by contrast, states more broadly that "any claim or dispute arising from or in connection with this agreement, whether under federal, state, local, or foreign law . JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. 1y+ OTR Owner Operator - Seattle, WA - R.E. Garrison Trucking, Inc. Mot. Id. [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). (internal quotation marks omitted)). 1995). Fill out the form below to receive a free and confidential initial consultation. Once the plaintiff carries this burden, the defendant must come forward with a "compelling case" that the exercise of jurisdiction would not be reasonable. John Christner Trucking Class Action Certified | Robert S. Boulter The Court held that an arbitration agreement to which the EEOC was not a party could not limit the remedies otherwise granted to the EEOC by statute, which not only had the authority to pursue independent actions in court for Title VII violations but, in the context of the suit, also had "exclusive authority over the choice of forum and the prayer for relief once a charge has been filed." Civ. at 13-14 (emphasis in original). Served on 04/27/2021. 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. Hirschbach Motor Lines acquires John Christner Trucking Temperature-controlled carrier Hirschbach acquires John Christner Trucking THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Attorney at Scopelitis Garvin Light Hanson & Feary, Attorney at Schneider Wallace Cottrell Konecky, Docket[10826612] On the court's own motion and pursuant to 10th Cir. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. Sign up for our weekly newsletter today! 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). Plaintiff and the Class Members are represented by the following attorneys acting as Class Counsel: Carolyn H. CottrellDavid C. LeimbachMichelle S. LimSCHNEIDER WALLACECOTTRELL KONECKY LLP2000 Powell Street, Suite 1400Emeryville, CA 94608Telephone: (800) 689-0024Facsimile: (415) 421-7105ccottrell@schneiderwallace.comDLeimbach@schneiderwallace.commlim@schneiderwallace.com, Robert S. BoulterLAW OFFICES OF ROBERT S. BOULTER1101 Fifth Avenue, Suite 310San Rafael, California 94901Telephone: (415) 233-7100rsb@boulter-law.com. [21-5025] [Entered: 03/15/2021 12:17 PM], Docket[10815131] Admissions letter sent. Certificate of Interested Parties: Yes. 2d 204, 213 (W.D.N.Y. John christner trucking settlement Id. 3d at 1207 n.6. Class Counsel will be paid from the Gross Settlement Amount of $9,250,000.00. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. (10/24/19 Mot hrng & 12/09/20 Sched conf.). Do yourself a favor and keep looking. Yahoo! [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. "The scope of the claims governed by a forum selection clause depends [upon] the language used in the clause." Served on 04/27/2021. Co., Inc. v. U.S. Dist. 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. See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir.

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