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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. First name. See Leroy v. Great W. United Corp., 443 U.S. 173, 180 (1979) ("The question of personal jurisdiction, which goes to the court's power to exercise control over the parties, is typically decided in advance of venue, which is primarily a matter of choosing a convenient forum."). Plaintiff opposed, ECF No. at 319. July 12, 2013). For tax reporting purposes, all Individual Settlement Amounts will be reported on an U.S. Internal Revenue Service (IRS) 1099 Form. "Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin." Response date set to 04/14/2021 for David C. Leimbach. 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. 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. RLM [Entered: 03/12/2021 04:57 PM], [10814509] Civil case docketed. Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. JCT's setting employment policies and wages is an "intentional act" that satisfies the first prong, and applying them in the forum state likewise satisfies the third prong. Issued on 04/27/2021. "We are proud to partner with WorkAdvance and provide Tulsans with employment opportunities," said Angie Buchanan, vice president of Melton Truck Lines. 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. Christner said the company has seen continuous growth over the past two decades. "For a party to escape a forum selection clause on the grounds of fraud, it must show that 'the inclusion of that clause in the contract was the product of fraud or coercion.'" OF INTERESTED PARTIES: y. 2002). 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. The California resident claims he routinely. JCT also argues for transfer to the Northern District of Oklahoma pursuant to 28 U.S.C. Ripoff Report | John Christner Truc Review - Internet, Internet A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." shall be governed by the provisions of the law in New York." B. Venue, Federal Rule of Civil Procedure 12(b)(3) authorizes motions to dismiss for improper venue. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. Court for W. Dist. Any disputes must be postmarked by Saturday, September 24, 2022, and should be mailed to Huddleston v. JCT Settlement Administrator, P.O. 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). John Christner Trucking Class Action Certified | Robert S. Boulter 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. For the foregoing reasons, the Court GRANTS IN PART Defendant's Motion To Dismiss Or, In The Alternative, To Transfer Venue, and ORDERS this case TRANSFERRED to the Northern District of Oklahoma for all further proceedings. At John Christner Trucking, our primary focus is on truckload transportation, with an emphasis on temperature controlled products. On average, employees at John Christner Trucking stay with the company for 2.3 years. John Christner Trucking has 500 employees. This factor primarily concerns "where the witnesses and the evidence are likely to be located." Hirschbach acquiring John Christner Trucking, creating reefer giant. Phone: 8003241900. 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. John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. For-Hire Companies | Transport Topics Preliminary record filed. 3d 1199, 1206 n.4 (C.D. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. Marcotte, 2014 WL 4477349, at *8 (quoting Besag v. Custom Decorators, Inc., No. Mot. In contract cases, courts generally apply the purposeful availment test, while in tort cases they use the purposeful direction analysis. 4th 348, 394 (2014) (internal quotation marks and citation omitted). Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. Nov. 4, 2010); Ronlake v. US-Reports, Inc., No. C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. Click on the links below to download documents related to the Settlement. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. Va. Apr. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. Specifically, he says that a significant portion of his drop-offs and pick-ups were located in Tulare, Stockton, Fresno, Newman, Turlock, Modesto, Merced, Madera, and Livingston (all located within the Eastern District of California) and that the vast majority of his total driving miles were related to either a pick-up or drop-off in California. 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. 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. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Manner of Service: email. There is nothing to indicate that the provision was the product of undue influence or overreaching. Huddleston does not allege that he was prevented from reading the IOCA, misled about the effect of the forum-selection clause, or that the clause was fraudulently inserted without his knowledge. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. 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. Where a forum-selection clause uses the phrases "arising under," "arising out of," or similar language, the clause is construed narrowly to cover only disputes "relating to the interpretation and performance of the contract itself." John Christner Trucking Careers and Employment in US 12. 2005) (collecting cases from various federal courts of appeals). Id. 10-1, Huddleston Decl. The general venue statute does not authorize venue in a single district in which the most substantial part of the events or omissions giving rise to the claim occurred. The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. John Christner Trucking, LLC Company Profile - Datanyze Huddleston v. John Christner Trucking, LLC (4:17-cv-00549) 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." ; all claims for deceptive and unfair trade practices under the Oklahoma Consumer Protection Act, 15 Okla. Stat. Overall. Response date set to 04/14/2021 for Carolyn H. Cottrell. 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. Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011). Id. You may have received a Notice of Settlement (Notice) because you (1) previously completed a valid Opt-In Consent Form to join this case; or (2) the records of John Christner Trucking, LLC (Defendant) show you qualify as a member of the California Class and/or the Oklahoma Class as defined in Section 3. As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. Huddleston I, slip op. The combined revenue of both companies will surpass $1 billion and propel . Cal. 17-cv-02081-RS ("Huddleston I"), slip op. A review of the distirct court docket shows transcripts ordered were already on file. 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. Atl. 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. 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 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. 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." 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 . Category: Trucking Companies. 1. Report this profile . First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. 2011). The second, known as "specific jurisdiction," exists where the litigation is derived from obligations that "arise out of or are connected with the [company's] activities within the state." You do not take home any money. 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. In EEOC v. Waffle House, Inc., 534 U.S. 279 (2002), the Supreme Court held that a governmental agency was not bound by an employee's arbitration agreement such that it was barred from pursuing judicial relief in an enforcement action. Thread Status: Not open for further replies. 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. This Settlement is a compromise and is not an admission of liability on the part of Defendant. Education among Chamber's priorities | | tulsaworld.com The 19 causes of action in the lawsuit: C. 28 U.S.C. (Text Only - No Attachment). While the Court is sensitive to the potential financial strain involved in litigating this case in Oklahoma, serving as the named plaintiff in a class action is unlikely to carry with it the requirement that Huddleston travel to Oklahoma with much frequency, and Huddleston has failed to explain why litigating in Oklahoma would require substantially more time away from work than litigating in California such that he would be denied the ability to bring the case. Huddleston v. John Christner Trucking | Robert S. Boulter | Attorney at Law 1979). 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. Id. 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. Please do not contact the court. Plaintiff and Class Participants should consult with their own tax advisors concerning the tax consequences of the Settlement based on their Individual Settlement Amount. Response date set to 04/14/2021 for Michelle S. Lim. Weekly Settlement Deduction with JCT (John Christner Trucking) Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. "We are impressed with the customized technical . M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972). . COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. at 581. 2015); Robles, 2015 WL 1530510, at *4. Wreaths Across America Lease and other payments you end up with about $1000 on 3000 mile wk. 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. ECF No. You will, have to pay for your own DOT physical and drug screen, your first settlement will be -$111.00(YES NEGATIVE), relay . . Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. Marine, 134 S. Ct. at 583. 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. Cal. JCT Variable Lease Full-Time. Manner of Service: email. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], [10817921] Docketing statement filed by Thomas Huddleston. "[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." Job Summary The Parts Coordinator is responsible for taking parts order, dealing one-on-one with mechanics and drivers. To calculate your estimated compensation package at JCT: Select OWNER OPERATOR or LEASE PURCHASE. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). If you have money saved in your account or money they owe you for loads you have delivered they will pay . at 7. Working at John Christner Trucking: 135 Reviews | Indeed.com With combined revenues expected to exceed $1 billion annually, the reefer conglomerate will operate more than 3,000 trucks and . Manner of Service: email. [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. The lawsuit was filed in 2017. According to the complaint, Huddleston worked as an "owner-operator" for JCT until August 2016. . . It also leases "drop yards" in locations throughout the United States, which are used for parking and staging trailers. Opp. C. Forum-Selection Clause And 28 U.S.C. Cal. 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. 2007) (citing Murphy, 362 F.3d at 1141; E.J. None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. 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. Submit. Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. The classes consist of more than 3,000 truck drivers in the California Work Class and the Oklahoma class. "The party challenging the clause bears a 'heavy burden of proof.'" Holland Am. The purposeful-direction requirement is satisfied. 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. (10/24/19 Mot hrng & 12/09/20 Sched conf.). Team Leader in Settlement Services #219682 - linkedin.com 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. "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." Scam Internet. Manner of Service: email. 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. (10/24/19 Mot hrng & 12/09/20 Sched conf.). 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. Id. See Local Rule 230(g). Click UPDATE at the bottom of the calculator. 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." Aug. 13, 2014). Id. Cal. 14-CV-05530-WHO, 2015 WL 899294, at *3-4 (N.D. Cal. Adjust the GREEN FIELDS below. [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). Your written objection must state whether you will attend the Final Approval Hearing, and your written notice of your intention to appear at the Final Approval Hearing must be filed with the Court and served upon Class Counsel and Defendants counsel on or before Saturday, September 24, 2022. Weekly Settlement Deduction with JCT (John Christner Trucking) 4,877 views Jan 20, 2020 64 Dislike Share Save Trucking with Miss Tee 1.95K subscribers Deduction that will come out of your. Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir. Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. Lawrence J. O'Neill UNITED STATES CHIEF DISTRICT JUDGE, MEMORANDUM DECISION AND ORDER RE DEFENDANT'S MOTION TO DISMISS FOR LACK OF JURISDICTION, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE (ECF NO. 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. Huddleston argues that just as the EEOC was not bound by an agreement to which it was not a party, the PAGA claims here belong to the state of California and therefore fall outside the ambit of the forum-selection clause. Apply today. Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. op. 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. Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. Compare Gonzalez v. Crete Carrier, Consequently, when evaluating a 1404(a) motion based on a forum-selection clause, a court should transfer, Full title:THOMAS HUDDLESTON, individually and on behalf of all others similarly, Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, In Huddleston, Chief Judge O'Neill of this district confronted a materially identical clause: "This Agreement shall be interpreted in accordance with, and governed by the laws of the United States and, of the State of Oklahoma.". Served on 03/24/2021. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. Served on 03/12/2021. at 13-14 (emphasis in original). Opp. AB, 11 F.3d 1482, 1489 (9th Cir. Netherland v. John Christner Trucking, L.L.C. (2:14-cv-00183 Hirschbach Motor Lines today announced the completion of the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. 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. By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. The Court has not ruled on the merits of Plaintiffs claims or Defendants defenses. 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." You make about $3600 per week. Wash. 2005). Served on 03/25/2021. Id. [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). 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. The Court applies federal law to the interpretation and enforcement of a forum-selection clause. Richards v. Lloyd's of London, 135 F.3d 1289, 1297 (9th Cir. Atlantic Marine Const. [21-5025] [Entered: 04/19/2021 04:25 PM], Docket[10822480] Attorney Ms. Michelle S. Lim for Thomas Huddleston admitted to the bar of this court. The general rule is that each plaintiff in a class action must individually satisfy venue, so the venue determination is "based on the plaintiffs in the class actionnot absent class members." 1391 (d). When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. John Christner Trucking is Seeking Lease Purchase Drivers and Owner Operators Solos Start at to $1.20 per Mile Teams Start at $1.25 per Mile John Christner Trucking Benefits: Solos Starts at to $1.20 per Mile Teams Start at $1.25 per Mile Fuel Surcharge paid on all miles - loaded and empty Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. But after fuel. Manner of Service: email. 2d 204, 213 (W.D.N.Y. 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. Cancellation and Refund Policy, Privacy Policy, and OF INTERESTED PARTIES: n. Served on 03/12/2021. ECF No. Media Center | John Christner Trucking 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"). [Please open the Notice for important information.] 10 West Market Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 637-1777 Facsimile: (317) 687-2414 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."