As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. 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. 5). Code Ann. I would still be there if I were able to still be there. 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"). JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. $246.4 M. Employees. 1995). Huddleston contends that because thirteen of the nineteen causes of action are based on California law, a California federal court will be better equipped to apply California state law than an Oklahoma court would be. 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. 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. Bringing your own truck, you enjoy all of our great benefits (you''re responsible for your 2290). 10 West Market Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 637-1777 Facsimile: (317) 687-2414 . Upon the date the Settlement becomes effective (Effective Date), all Class Participants release claims as follows against Defendant, and their present and former parent companies, subsidiaries, divisions, affiliates, successors, predecessors, related companies, and joint ventures, and each of their present and former officers, directors, shareholders, agents, employees, insurers, attorneys, accountants, auditors, advisors, representatives, consultants, administrators, trustees, general and limited partners, predecessors, successors and assigns (collectively, the Released Parties): In addition, all Class Participants expressly waive, as to the Released Claims stated above and based on or arising out of the same factual predicates of the Complaint, running through June 21, 2022, the provisions, rights, and benefits of California Civil Code 1542, which reads: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. Select SOLO DRIVER or TEAM DRIVER. However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." If you are a Class Member, you may be entitled to receive money from a Settlement in this case, as described below. Manner of Service: email. ; 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). Company Contact Info John Christner Trucking LLC 19007 W Highway 33 Sapulpa, OK 74066 918-227-1600 918-248-3085 Cargo Hauled by John Christner Trucking LLC Fresh Produce General Freight Meat Refrigerated Food Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding. NEW! "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." Huddleston asserts that while JCT representatives outlined certain provisions of the ICOA prior to his signing it, he was unaware of the forum-selection clause and its implications. Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. 3d at 1207 n.6. at 24. In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. Civ. Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. A. Cal. 10-1, Huddleston Decl. 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. This factor does not weigh in favor of a finding of unreasonableness. But after fuel. You pay about $1000 week for lease with good miles. Opp. John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. 2011). [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. 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. The forum-selection clause here provides that "any claim or dispute arising from or in connection with" the ICOA "shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma." The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. 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. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Huddleston has submitted no evidence of court congestion particular to Oklahoma as opposed to California. C 12-03959 WHA, 2012 WL 6087399, at *4 (N.D. Cal. 752, et seq. Response date set to 04/14/2021 for Carolyn H. Cottrell. For Plaintiff and the FLSA Collective Members (i.e., individuals who previously completed a valid Opt-In Consent Form to join this case), the Released Claims also include any and all claims, known or unknown, under the FLSA, 29 U.S.C. 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 opinion in Waffle House was fairly narrow and distinguishable from the facts here. Huddleston does not exclusively bring California claims; the Complaint also contains four causes of action under Oklahoma law, and in any case, "federal judges routinely apply the law of a State other than the State in which they sit." UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 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." Narayan, 616 F.3d at 897; see also id. 2015); Robles, 2015 WL 1530510, at *4. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. 897 F.2d 377, 385 (9th Cir. Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). Pros. Id. 1. In the context of a motion under Rule 12(b)(3), a court need not accept as true all allegations in the complaint, but may consider facts outside the pleadings. op. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], [10817929] Acknowledgment of transcript order filed by Thomas Huddleston. 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. Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. To be heard at the Final Approval Hearing you must also not opt out of the Settlement. 1 at 18. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Third, JCT does not contest that the exercise of jurisdiction would conflict with the sovereignty of Oklahoma, its state of domicile, though the Court notes that the bulk of Huddleston's claims are brought under California state law, and the FLSA analysis will be the same in either California or Oklahoma. Manner of Service: email. A federal judge in Oklahoma approved separate class certifications for more than 3,000 truck drivers in a misclassification lawsuit against John Christner Trucking. GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. 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. Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. 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. Am., Inc., 485 F.3d 450, 457 (9th Cir. Popular Searches. This constitutes some purposeful injection into California and supports the reasonableness of the exercise of personal jurisdiction over JCT. 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. John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. 367. 3d 1199, 1207 (C.D. 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." 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. 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. Served on 03/24/2021. Attorney Cottrell, Carolyn H. added. 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. Do yourself a favor and keep looking. at 21-22. See Gulf Ins. at 1125. 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. Atl. The Ninth Circuit has established a three-prong test for analyzing a claim of specific personal jurisdiction: (i) the defendant must have purposefully availed itself "of the privilege of conducting activities in the forum, thereby invoking the benefits and protections of its laws"; (ii) the cause of action must "arise[] out of or relate[] to the defendant's forum-related activities"; and (iii) "the exercise of jurisdiction must comport with fair play and substantial justice, i.e. 2006)). [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. The combined revenue of both companies will exceed $1. They say lease purchase but you have to lease for 5 yrs before u can own it. See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. Los Angeles, LLC, 59 Cal. Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. 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." 1988). ***TIDBIT TUESDAY*** QualComm Message Reinder: Every Friday around 10:00 am you receive a message from the driver settlement department on your qual comm. 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | Christner Trucking was facing a class-action lawsuit. 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. Every dime goes to the truck. 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. Served on 03/24/2021. . Feb. 6, 2012). Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. You do not take home any money. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], Docket[10817929] Acknowledgment of transcript order filed by Thomas Huddleston. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1080 (9th Cir. 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. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. (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). ; all claims for deceptive and unfair trade practices under the Oklahoma Consumer Protection Act, 15 Okla. Stat. JOHN CHRISTNER TRUCKING, LLC, Defendant. Id. The Court concludes that the forum selection clause of the ICOA is valid and enforceable. 1404 And Forum-Selection Clause. Jag Trucking Inc. Revenue. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Tenth Circuit. Served on 03/24/2021. Manetti-Farrow, Inc. v. Gucci Am., Inc., 858 F.2d 509, 513 (9th Cir. My experience working at John Christner Trucking was a good experience. 10-cv-02049 (WHA), 2010 WL 4569873, at *2-3 (N. D. Cal. Why one international organization is joining the fight. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. Class Counsel will file a Motion for Attorneys Fees and Costs with the Court. shall be governed by the provisions of the law in New York." 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. Objections shall only be considered if the Class Member has not opted out of the Settlement. A review of the distirct court docket shows transcripts ordered were already on file. 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). Id. The trucking company also contended that the state labor laws in Oklahoma, not California, govern the alleged employment relationship between Huddleston and John Christner Trucking. at 319. 1993) holding modified by Yahoo! Hirschbach builds national footprint through M&A (Photo: Hirschbach) Refrigerated carrier Hirschbach announced Wednesday the acquisition of John Christner Trucking (JCT). July 12, 2013). John Christner Trucking, LLC, N.D. Oklahoma (Case No. at 7. See id. Huddleston has also presented a prima facie case under the purposeful availment test. 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. Sep. 27, 2017). (citing Holliday, 2010 WL 3910143, at *4). Co., 417 F.3d at 357. "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." One (1) settlement share for each FLSA Workweek. Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. ICOA 23. The Court has not ruled on the merits of Plaintiffs claims or Defendants defenses. Id. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. Rhode Island is appealing a court ruling that ended the states truck-only tolls. 801, et seq. ECF No. Last name. The organization will now operate over . at 20. Co., Inc. v. U.S. Dist. Id. [Please open the Notice for important information.] 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 . Therein, he states that he is a resident of California and that much of his work activity took place in California. "The scope of the claims governed by a forum selection clause depends [upon] the language used in the clause." 2014) (citing Murphy, 362 F.3d at 1141). John Christner Trucking, LLC ERRATA/CORRECTION (Re: 269 Unopposed MOTION for Preliminary Approval of Class and Collective Action Settlement) by Thomas Huddleston (With attachments) Northern District of Oklahoma, oknd-4:2017-cv-00549. JCT argues that neither general nor specific personal jurisdiction exists here. See, e.g., Brandi v. Belger Cartage Serv., Inc., 842 F. Supp. 410.10 (2004). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. [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). at 8. 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. 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. See Narayan v. EGL, Inc., 616 F.3d 895, 899 (9th Cir. ECF No. [21-5025] [Entered: 03/12/2021 05:19 PM], [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.