10-1, Huddleston Decl. This is so, he argues, because the ICOA provides for the application of Oklahoma law, and under Oklahoma law, Huddleston does not meet the statutory definition of "employee" and does not qualify for the sorts of unwaivable statutory remedies to which he would otherwise be entitled under California law. 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. This prong may be satisfied by "purposeful availment of the privilege of doing business in the forum; by purposeful direction of activities at the forum; or by some combination thereof." According to the complaint, Huddleston worked as an "owner-operator" for JCT until August 2016. Ziegler v. Indian River County, 64 F.3d 470, 475 (9th Cir. 367. Following redistribution, any unclaimed monies will be paid to Legal Services Corporation. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. Thread Status: Not open for further replies. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. Plaintiff bears the burden of showing that venue is proper. 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. Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. You pay about $1000 week for lease with good miles. Join to connect John Christner Trucking, LLC. Marine, 134 S. Ct. at 583. 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." 10 West Market Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 637-1777 Facsimile: (317) 687-2414 Lease and other payments you end up with about $1000 on 3000 mile wk. (citing Iskanian for the proposition that representative PAGA claims may be brought in forums other than California state courts). Arising Out Of Forum-Related Activities. Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. 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. 2010))). Issued on 04/27/2021. . 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. In essence, the lawsuit alleges JCT made false representations about its lease purchase program and concealed material facts. The case status is Pending - Other Pending. In support of its motion to dismiss, JCT submits, inter alia, a declaration from Shannon Crowley, Vice President of Risk Management. 1995). Los Angeles, LLC, 59 Cal. July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. Perry, 2011 WL 4080625, at *5. at 8. PAGA cases "function[] as a substitute for an action brought by the government itself." . Plaintiff opposed, ECF No. 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. Reply at 6-8. You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. at 24. Discussion in 'Report A BAD Trucking Company Here' started by GipsySoul, Sep 26, 2012. Co, 134 S.Ct. See Dole Food Co. v. Watts, 303 F.3d 1104, 1114 (9th Cir. 12, which he asserts is substantial enough that he "may not be able to maintain his claim if forced to do so in Oklahoma," Opp. Huddleston v. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). 7. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], [10817929] Acknowledgment of transcript order filed by Thomas Huddleston. 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. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], [10817921] Docketing statement filed by Thomas Huddleston. 3d 1199, 1206 n.4 (C.D. The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. 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). 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." [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. 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. By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. So basically they give you older trucks with almost 500k miles. 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. 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. Served on 03/12/2021. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. Id. A forum-selection clause is "not unreasonable merely because of the parties' unequal bargaining power: it is enforceable if there is reasonable communication of the clause." 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. 2015); Robles, 2015 WL 1530510, at *4. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Cal. 9. Who are the attorneys representing Defendant John Christner Trucking, LLC? With combined revenues expected to exceed $1 billion annually, the reefer conglomerate will operate more than 3,000 trucks and . Narayan, 616 F.3d at 897; see also id. "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." Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. See Gulf Ins. shall be governed by the provisions of the law in New York." at 11-12. Full-Time. Seventh, Oklahoma is available as an alternative forum. Current Outline Item. Email. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], Docket[10817929] Acknowledgment of transcript order filed by Thomas Huddleston. [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. 1391(b). To be heard at the Final Approval Hearing you must also not opt out of the Settlement. Second, the forum-selection clause in Ronlake applied only to claims "arising out of" the agreement, narrow language that did not apply to misclassification claims that did not rely on contract interpretation for resolution. Updated May 4, 2022. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. 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 . 5-3, Huddleston v. John Christner Trucking, LLC, No. Silver Valley Partners, LLC v. De Motte, 400 F. Supp. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972). The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. Do yourself a favor and keep looking. This field is for validation purposes and should be left unchanged. Served on 04/27/2021. If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. Huddleston claims the trucking company misclassifies him and other leasing drivers as independent contractors rather than employees, thus violating a variety of state and federal labor laws. 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. Served on: 03/25/2021. ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. [a] forum [selection] clause should control absent a strong showing that it should be set aside." 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. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. 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. Co., Inc. v. U.S. Dist. 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." 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. (Oklahoma Class Period). $246.4 M. Employees. 11-cv-2009 (LJO)(MJS), 2012 WL 393614, at *4 (E. D. Cal. Jag Trucking Inc. Revenue. Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). Served on 03/25/2021. 1404 And Forum-Selection Clause. 5). Feb 17, 2022. The combined revenue of both companies will exceed $1. "Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin." Id. Huddleston has presented no case law to support the idea that PAGA cases are exempt from application of forum-selection clauses and has offered no explanation why the Northern District of Oklahoma could not fairly adjudicate these claims. Court for W. Dist. If you dispute the number of workweeks as shown on the Notice that was mailed to you, you may produce evidence to the settlement administrator establishing the dates you contend to have worked for Defendant. You will if you sign a lease! at 581. 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."). Served on 03/24/2021. First name. 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." Core-Vent Corp. v. Nobel Indus. 4:20-CV-00638 | 2020-12-07, U.S. District Courts | Contract | Here you can view your weekly settlements, insurance and contracts. Id. "No one factor is dispositive; a court must balance all seven." [21-5025] RLM [Entered: 03/25/2021 04:03 PM], [10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. [Please open the Notice for important information.] 410.10 (2004). See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. Although the ICOA "will likely be used as evidence" to support Huddleston's statutory claims, his "claims do not arise out of the contract, involve the interpretation of any contract terms, or otherwise require there to be a contract" in the first place. 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. 8:20-CV-00421 | 2020-10-14, U.S. District Courts | Contract | Huddleston has submitted an affidavit outlining the "prohibitive" financial hardship associated with litigating this case in Oklahoma, Huddleston Decl. B. Cal. JCT also argues for transfer to the Northern District of Oklahoma pursuant to 28 U.S.C. 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. If you have questions about this Notice, or the Settlement, or if you did not receive this Notice in the mail and you believe that you are or may be a Class Member, you should contact Class Counsel or the Settlement Administrator.This Notice is only a summary. The touchstone for asserting specific jurisdiction over a nonresident defendant is "the relationship among the defendant, the forum, and the litigation." 14-CV-05530-WHO, 2015 WL 899294, at *3-4 (N.D. Cal. Response date set to 04/14/2021 for David C. Leimbach. Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir. 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. at *4. 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." John Christner Trucking Just Sold To Hirschbach Trucking 5 Min Ago Grab some Mutha Trucker Gear@ https://theasianmaishow.com/ For information .
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