Huddleston has submitted an affidavit outlining the "prohibitive" financial hardship associated with litigating this case in Oklahoma, Huddleston Decl. See Gulf Ins. Code Ann. (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). Have you been screwed by John Christner Trucking yet? [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. Marine Const. Served on 03/24/2021. 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. "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." at 1138. Reply at 3. Hirschbach Motor Lines recently agreed to acquire John Christner Trucking (JCT), a refrigerated carrier based in Sapulpa, Oklahoma. The plaintiff bears the burden of satisfying the first two prongs of the test. In Shute v. Carnival Cruise Lines, the Ninth Circuit reasoned that "[t]he 'but for' test is consistent with the basic function of the 'arising out of requirementit preserves the essential distinction between general and specific jurisdiction. Working At John Christner Trucking: Employee Reviews and Culture - Zippia 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. ICOA 23. 897 F.2d 377, 385 (9th Cir. Huddleston v. John Christner Trucking, LLC, No. 4:2017cv00549 Cal. 10-cv-02049 (WHA), 2010 WL 4569873, at *2-3 (N. D. Cal. Don't miss out on our weekly happenings within our company! Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." Public Records Policy. [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. 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 . 1995). 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."). Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). He further testifies that litigating this case in Oklahoma would impose a prohibitive economic hardship on him due to the cost of travel and time away from work, problems that he would not experience if the case were to remain in California. Job Summary The Parts Coordinator is responsible for taking parts order, dealing one-on-one with mechanics and drivers. If you are a Class Member, you may be entitled to receive money from a Settlement in this case, as described below. Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. 28 U.S.C 1404(a) provides that "[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." The settlement administrator will notify you of the decision on the dispute. 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. INTRODUCTION As to plaintiff specifically, Crowley testifies that only three of Huddleston's twenty-five pick-ups or deliveries were in the Eastern District of California. Because California's long-arm statute allows the exercise of personal jurisdiction to the full extent permissible under the U.S. Constitution, the question here is whether assertion of personal jurisdiction over JCT comports with the limits imposed by federal due process. Manner of Service: email. John Christner Trucking Reviews - Glassdoor 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. ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." Hirschbach builds national footprint through M&A (Photo: Hirschbach) Refrigerated carrier Hirschbach announced Wednesday the acquisition of John Christner Trucking (JCT). Inc., 223 F.3d 1082, 1088 (9th Cir. 1988). Last year's revenues were $185 million, and the company expects to reach $200 million this year. Issued on 04/27/2021. But after fuel. 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." If you have money saved in your account or money they owe you for loads you have delivered they will pay . ECF No. ECF No. Iowa-based Hirschbach Motor Lines has acquired John Christner Trucking, a refrigerated carrier based in Sapulpa. 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. Working at John Christner Trucking: 135 Reviews | Indeed.com "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." 2d 1115, 1126 (E.D. As such, the argument regarding fraud and overreaching fails. "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." 1. Feb. 6, 2012). Levine v. Entrust Grp., Inc., No. Sep. 27, 2017). Ziegler v. Indian River County, 64 F.3d 470, 475 (9th Cir. 10 West Market Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 637-1777 Facsimile: (317) 687-2414 Cal. Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. 1391. 3d at 1207 n.6. 17-cv-02081-RS ("Huddleston I"), slip op. This message tells you what trips have. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1073 (9th Cir. B. 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." C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. 5-1, Crowley Decl. 5 ("Mot."). Served on 04/27/2021. . John Christner Trucking at 20. Fill out the form below to receive a free and confidential initial consultation. See 28 U.S.C. it must be reasonable." (Filing fee $ 400, receipt number 0972-7154708) (Attachments: # 1 Civil Cover Sheet) (Cottrell, Carolyn) [Transferred from California Eastern on 9/28/2017.] Understand also that this is a lease. 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"). CERT. Id. 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. Id. Certificate of Interested Parties: No. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. at 581-82. 2011). 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." Long hours and little pay: Lawsuit claims local trucking company 206, et seq. JOHN CHRISTNER TRUCKING, LLC, Defendant. Defendant is represented by the following attorneys: Christopher J. Eckhart Angela S. Cash Karen B. Reisinger SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C. 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. 74] of the defendant, John Christner Trucking, LLC ("JCT"). 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. Id. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. Copyright 2023 Land Line Magazine & Land Line Now. July 12, 2013). 12. Served on 03/25/2021. B. Venue. 5). Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011). 10-1, Huddleston Decl. 10. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. 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. The "only issue" before the Supreme Court in Waffle House was "whether the fact that [an employee] has signed a mandatory arbitration agreement limits the remedies available to the EEOC." Plaintiff bears the burden of showing that venue is proper. The ICOA states that the ICOA itself "shall be interpreted in accordance with, and governed by, the laws of the United States and, of the State of Oklahoma," without applying a choice-of law analysis. 18, 2016) ("It can come as no surprise to Syfan that litigation in Virginia might ensue when Syfan's conduct ensured DD would haul a load of frozen chicken across a significant portion of the state."). DATE RECEIVED: 03/11/2021. The Ninth Circuit has outlined three situations in which enforcement of a forum-selection clause would be unreasonable: "(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." Ripoff Report | John Christner Truc Review - Internet, Internet Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. "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." This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. Id. The California resident claims he routinely. 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. Classes approved in lawsuit against John Christner Trucking Cal. Manner of Service: email. at 7. --------. (citing Holliday, 2010 WL 3910143, at *4). Seventh, Oklahoma is available as an alternative forum. 0. John Christner Trucking, LLC Company Profile - Datanyze Response date set to 04/14/2021 for Carolyn H. Cottrell. This Notice explains your right to share in the monetary proceeds of this Settlement, exclude yourself (opt out) of the Settlement, or object to the Settlement. Id. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], [10817921] Docketing statement filed by Thomas Huddleston. Leaked News! John Christner Trucking Just Sold To Hirschbach - YouTube at 582. Huddleston Decl. Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. Who are the attorneys representing Defendant John Christner Trucking, LLC? 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). Manner of Service: email. 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. To calculate your estimated compensation package at JCT: Select OWNER OPERATOR or LEASE PURCHASE. Hirschbach Motor Lines today announced the completion of the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. There are two kinds of personal jurisdiction that a court may exercise over an out-of-state defendant. 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."