See 28 U.S.C. Hirschbach Motor Lines recently agreed to acquire John Christner Trucking (JCT), a refrigerated carrier based in Sapulpa, Oklahoma. Certificate of Interested Parties: Yes. Click on the links below to download documents related to the Settlement. 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. Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. Management. The deal makes Hirschbach one of the nation's largest refrigerated carriers, the news release says, bumping it from sixth on Transport Topics 2021 ranking to second on the list. Joint Stipulation of Settlement Agreement and Release of Class and Collective Action, This website is designed and maintained by the Settlement Administrator for thelawsuit known as, Huddleston v. John Christner Trucking, LLC, Joint Stipulation of Settlement and Release of Class and Collective Action, All papers filed by Class Counsel to obtain preliminary and final approval of the Settlement Agreement. ***TIDBIT TUESDAY*** QualComm Message Reinder: Every Friday around 10:00 am you receive a message from the driver settlement department on your qual comm. Lease and other payments you end up with about $1000 on 3000 mile wk. 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. Manner of Service: email. $246.4 M. Employees. ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." 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." Id. They say lease purchase but you have to lease for 5 yrs before u can own it. INTRODUCTION ECF No. 1999), or that it is the "best" venue. The DM speaks to their Drivers poorly and use profanity. 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. Served on 04/27/2021. Category: Trucking Companies. 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. 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. . (citing Carnival Cruise Lines, 499 U.S. at 595. (Text Only - No Attachment). 2011). Join to connect John Christner Trucking, LLC. Certificate of Interested Parties: No. 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. Being primarily a FLSA case, JCT contends, "[i]t cannot be said that JCT's California operations made the FLSA claim (or Oklahoma state claims) uniquely possible." Here, in contrast, the forum-selection clause is not limiting any remedies that would otherwise be available to the government or removing the case from the courts completely; instead, it merely "alters which specific court will hear those claims." Though JCT's corporate documents and witnesses likely will be located in Oklahoma, Huddleston and other members of the California class likely will be located in California. Id. Manner of Service: email. JCT has not met its burden of showing that this Court's exercise of specific jurisdiction would be unreasonable. Following redistribution, any unclaimed monies will be paid to Legal Services Corporation. 17-cv-02081-RS ("Huddleston I"), slip op. 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." Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. ICOA 23. JCT argues that the centerpiece of Huddleston's complaint is the Fair Labor Standards Act ("FLSA"), which set nationwide standards, and because Huddleston performed long-haul truck-driving services throughout the country, the FLSA claims "could have arisen whether he was a resident of California, Connecticut, Colorado, or any other state in the country." [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. Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. 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. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. When the parties' contract contains a forum selection clause, however, the "calculus changes" and district courts must adjust their usual Section 1404(a) analysis in three ways: (1) the plaintiff's choice of forum merits no weight; (2) arguments about the parties' private interests should not be considered; and (3) a 1404(a) transfer of venue "will not carry with it the original venue's choice-of-law rules." Mark Schremmer, senior editor, joined Land Line in 2015. Instead, the federal circuit courts appear to agree that venue may be proper in multiple districts if a "substantial part" of the underlying events took place in each of those districts. [a] forum [selection] clause should control absent a strong showing that it should be set aside." at 298. You pay about $1000 week for lease with good miles. Last year's revenues were $185 million, and the company expects to reach $200 million this year. Our . You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). at 8. After the first two prongs of the test have been met, the defendant has the burden of showing that the Court's jurisdiction would be unreasonable. 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.' See Local Rule 230(g). "As a general matter, California courts will enforce adequate forum selection clauses that apply to non-waivable statutory claims, because such clauses do[ ] not waive the claims, they simply submit their resolution to another forum." Therein, he states that he is a resident of California and that much of his work activity took place in California. 2d 1115, 1126 (E.D. 1 at 18. [Please open the Notice for important information.] 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. 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." 30-31, Ex. As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. Christner got his start in trucking in the 1960s hauling produce from California and returning to the coast with juice or meat, and this is still the core of what JCT does today. This is an estimate of what your fixed expenses and variable expenses may be. Sign up for our weekly newsletter today! 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. . 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. Education funding and standards, certain business incentives, health care and transportation will be the lobbying priorities for the Tulsa Regional Chamber's OneVoice state legislative agenda this . Cal. 10-1. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 5 ("Mot."). Pros. 20-6072 | 2020-05-21. The 19 causes of action in the lawsuit: My experience working at John Christner Trucking was a good experience. 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). This message tells you what trips have. "[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." Every dime goes to the truck. 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. The Settlement provides that Class Counsel will receive attorneys fees of up to 33.33% of $9,250,000.00, and costs not to exceed $150,000.00. Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. 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. CERT. 12 ("Reply"). Click UPDATE at the bottom of the calculator. Select SOLO DRIVER or TEAM DRIVER. Gallo Winery v. Andina Licores S.A., 440 F. Supp. Am., Inc., 485 F.3d 450, 457 (9th Cir. Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. Proc. [21-5025] [Entered: 03/11/2021 03:45 PM]. As such, the argument regarding fraud and overreaching fails. As it is his burden to show the public interest factors weigh in his favor, he has failed to meet his burden as to this public interest factor. Yahoo! In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. 3d at 1207 n.6. Id. Cal. (Text Only - No Attachment). 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. OF INTERESTED PARTIES: y. "No one factor is dispositive; a court must balance all seven." Also, every "owner-operator" completes an orientation at those headquarters. None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. 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. Id. Christner said the company has seen continuous growth over the past two decades. Because the parties' private interests should not be considered, the district court may consider only arguments about public-interest factors. at 582. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. b. 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." 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. Don't miss out on our weekly happenings within our company! The Court applies federal law to the interpretation and enforcement of a forum-selection clause. 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. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. Response date set to 04/14/2021 for Carolyn H. Cottrell. # 9). 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. With combined revenues expected to exceed $1 billion annually, the reefer conglomerate will operate more than 3,000 trucks and . 10 West Market Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 637-1777 Facsimile: (317) 687-2414 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. 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." 10 ("Opp. C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. 3, 2015). 2011). "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." This factor does not weigh in favor of a finding of unreasonableness. That test requires showing that the defendant (1) has committed an intentional act; (2) expressly aimed at the forum state; (3) causing harm that the defendant knows is likely to be suffered in the forum state. 3d 1199, 1206 n.4 (C.D. He testifies in his declaration that "[m]uch" of his JCT-related work took place in California and that he drove "all over" the state, including making a "significant portion" of his pick-ups and drop-offs in the cities within this District listed in paragraph 18 of the Complaint. Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. 10-cv-02049 (WHA), 2010 WL 4569873, at *2-3 (N. D. Cal. 7. C. Forum-Selection Clause And 28 U.S.C. Plaintiff opposed, ECF No. Served on 03/12/2021. See Narayan v. EGL, Inc., 616 F.3d 895, 899 (9th Cir. [21-5025] [Entered: 04/20/2021 09:24 AM], [10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. PAGA cases "function[] as a substitute for an action brought by the government itself." Cal. 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 581. John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. 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." Holliday, 2010 WL 3910143, at *3-*4. 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. [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. Id. 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. 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." Password (8+ characters) See Fed. at 581. 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. John Christner Trucking, LLC, No. 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. Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. No further written . You do not take home any money. He testifies that JCT said it would make every effort to make his first and last stop of any given trip in California so his work would be completed close to home, and that his first and last stops were indeed in California. P. 4(k)(1)(A). M/S Bremen, 407 U.S. at 18. This rating has decreased by -4% over the last 12 months. John Christner Trucking Case Summary On 03/11/2021 Huddleston filed a Labor - Labor Standard lawsuit against John Christner Trucking. Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. Manner of Service: email. No money will revert to Defendant. [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). ; all claims for deceptive and unfair trade practices under the Oklahoma Consumer Protection Act, 15 Okla. Stat. To be heard at the Final Approval Hearing you must also not opt out of the Settlement. Purposeful availment is not enough; the claims in this case must also arise out of FCT's contacts with California. "Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin." Co. v. Glasbrenner, 417 F.3d 353, 356 (2d Cir. Id. 2005) (collecting cases from various federal courts of appeals). Hirschbach Motor Lines on Feb. 16 announced that it will acquire Sapulpa, Okla.-based refrigerated carrier John Christner Trucking. NEW! Served on 03/25/2021. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. 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. 8:20-CV-00421 | 2020-10-14, U.S. District Courts | Contract | at 581 n.6 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 241 n.6 (1981) (internal quotation marks omitted)). . 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. 801, et seq. Rowen v. Soundview Commc'ns, Inc., No. AB, 11 F.3d 1482, 1489 (9th Cir. JCT argues that because it is an Oklahoma corporation that holds its driver orientations in Oklahoma and bases its drivers' compensation on miles traveled nationwide, not merely in California, it "never directed its actions at California," and the second prong is left unsatisfied. Last name. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. 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. 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. Do yourself a favor and keep looking. The Released Claims include, but are not limited to, all wage and hour claims, whether known or unknown, at law or in equity, which Plaintiff and the Class Members may now have or may have as of the execution of the Joint Stipulation of Settlement and Release of Class and Collective Action under the wage orders of the California Industrial Welfare Commission, or other federal, state, or local law, claims for penalties under California Private Attorneys General Act, all claims for failure to pay minimum wages under California law, all claims for failure to pay for all hours worked under California law, all claims for failure to authorize and permit and/or make available meal and rest periods pursuant to the California Labor Code (Labor Code), all claims for failure to reimburse for necessary business expenses under Labor Code 2802, all claims for failure to maintain proper payroll records under Labor Code 1174, all claims for failure to provide accurate itemized wage statements under Labor Code 226, all claims regarding coerced purchases under Labor Code 450, all claims regarding willful misclassification under Labor Code 226.8, all claims for waiting time penalties under Labor Code 201-204, all claims for unlawful business practices under the California Business and Professions Code 17200, et seq., all claims for the unlawful sale of business opportunities under the Oklahoma Business Opportunity Sales Act, 71 Okla. Stat. 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. 2015). JOHN CHRISTNER TRUCKING, LLC, Defendant. 2007) (citing Murphy, 362 F.3d at 1141; E.J. This Settlement is a compromise and is not an admission of liability on the part of Defendant. Thread Status: Not open for further replies. First name. We've also provided a list of contacts should you have any questions. Cal. 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. However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." Served on 04/27/2021. 10-1, Huddleston Decl. In a state which has more than one judicial district, corporate defendants "shall be deemed to reside in any district within which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate state." The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. Robles v. Comtrak Logistics, Inc., No.