If you are a Class Member, you may be entitled to receive money from a Settlement in this case, as described below. 1404. Manner of Service: email. Gallo Winery v. Andina Licores S.A., 440 F. Supp. Mot. Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). Following redistribution, any unclaimed monies will be paid to Legal Services Corporation. Opp. 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." Rowen v. Soundview Commc'ns, Inc., No. AB, 11 F.3d 1482, 1489 (9th Cir. Because the parties' private interests should not be considered, the district court may consider only arguments about public-interest factors. INTRODUCTION See Piedmont Label Co. v. Sun Garden Packing Co., 598 F.2d 491, 496 (9th Cir. The settlement administrator will notify you of the decision on the dispute. We can transport your goods at temperatures ranging anywhere from minus 20 degrees Fahrenheit to plus 90 degrees Fahrenheit and hold them at the temperature you specify. at 6-7 (N.D. Cal. Id. John Christner Trucking Case Summary On 03/11/2021 Huddleston filed a Labor - Labor Standard lawsuit against John Christner Trucking. at 581-82. 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. 2014) (citing Murphy, 362 F.3d at 1141). See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. Cal. To calculate your estimated compensation package at JCT: Select OWNER OPERATOR or LEASE PURCHASE. Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. Yahoo, 433 F.3d at 1206; Schwarzenegger, 374 F.3d at 802. The combined revenue of both companies will exceed $1. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). Id. App. Gulf Ins. . 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."). CV 05-4928-NM EX, 2006 WL 8074721, at *3 (C.D. Have you been screwed by John Christner Trucking yet? Schedule Monday - Friday 1:30pm - 10:30pm. 1998) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 518 (1974)) (emphasis in original). This matter is now ripe for review and is suitable for disposition without oral argument. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] Id. Manner of Service: email. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. For the precise terms and conditions of the Settlement, please see the Joint Stipulation of Settlement and Release of Class and Collective Action available in the documents section of this website, contact Class Counsel toll-free at (800) 689-0024, or access the Court docket in this case, for a fee, through the Courts Public Access to Court Electronic Records (PACER) system at https://ecf.oknd.uscourts.gov/. Levine v. Entrust Grp., Inc., No. 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. Code Ann. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Tenth Circuit. Manner of Service: email. Overall. at 8. 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. Finally, one place to get all the court documents we need. Every dime goes to the truck. Cal. Leaked News! Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. 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. My experience working at John Christner Trucking was a good experience. "'Overreaching' is a ground 'short of fraud,' and a mere showing of 'non-negotiability and power difference' does not render a forum selection clause unenforceable." If you have money saved in your account or money they owe you for loads you have delivered they will pay . 10-cv-02049 (WHA), 2010 WL 4569873, at *2-3 (N. D. Cal. ICOA 23. 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." . PAGA cases "function[] as a substitute for an action brought by the government itself." 14-CV-05530-WHO, 2015 WL 899294, at *3-4 (N.D. Cal. Aug. 13, 2014). "Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin." Purposeful availment is not enough; the claims in this case must also arise out of FCT's contacts with California. In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. 1993) holding modified by Yahoo! This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. [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. Response date set to 04/14/2021 for Carolyn H. Cottrell. John Christner Trucking We've Got The Drive You Need Apply Now Search Driver Jobs Search Office Jobs Driver Verification Integrity, Dependability, Stewardship We live by our core values and pride ourselves on the foundation that has been built for over three generations. 2004). 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." Response date set to 04/14/2021 for Michelle S. Lim. Hirschbach acquiring John Christner Trucking, creating reefer giant. You do not take home any money. Co., Inc. v. U.S. Dist. Any disputes must be postmarked by Saturday, September 24, 2022, and should be mailed to Huddleston v. JCT Settlement Administrator, P.O. This message tells you what trips have. 3d 1199, 1206 n.4 (C.D. Case information including a copy of the complaint can be found here . The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. Cancellation and Refund Policy, Privacy Policy, and The settlement administrator will determine all Individual Settlement Amounts based on Defendants records of the weeks worked by Class Members. JCT keeps all company records at its Oklahoma headquarters and dispatches drivers from there. The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. 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. Password (8+ characters) The DM speaks to their Drivers poorly and use profanity. Who are the attorneys representing Defendant John Christner Trucking, LLC? The ICOA's choice-of-law provision is narrower than the forum-selection clause. Company Snapshot JOHN CHRISTNER TRUCKING LLC USDOT Number: 273897 Other Information for this Carrier SMS Results Licensing & Insurance ID/Operations | Inspections/Crashes In US | Inspections/Crashes In Canada | Safety Rating There are two kinds of personal jurisdiction that a court may exercise over an out-of-state defendant. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1073 (9th Cir. 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. This rating has decreased by -4% over the last 12 months. [Please open the Notice for important information.] Perry, 2011 WL 4080625, at *5. 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. . Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). 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. 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. Good lease to make money. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. See Local Rule 230(g). 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." Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. The original complaint alleged that truck drivers for John Christner Trucking often worked 70-100 hours per week while being paid less than $500. Thus, this factor is not at issue. Dubuque, Iowa-based Hirschbach Motor Lines announced the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. . . Rather, "for venue to be proper, significant events or omissions material to the plaintiff's claim must have occurred in the district in question, even if other material events occurred elsewhere." Under California's long-arm statute, courts may exercise personal jurisdiction "on any basis not inconsistent with the Constitution of this state or of the United States." John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . 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. Huddleston "alleges that JCT contracts with California residents and instructs them (and others) to make pick-ups and drop-offs in California. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. Updated May 4, 2022. 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. 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. 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. Inc., 223 F.3d 1082, 1088 (9th Cir. 801, et seq. Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. One (1) settlement share for each FLSA Workweek. Nov. 4, 2010); Ronlake v. US-Reports, Inc., No. [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). "We are impressed with the customized technical . . at 21-22. Line, Inc. v. Wartsila N. How will the Attorneys for the Class Members be paid? (Oklahoma Class Period). John Christner founded JCT in 1986 with only 2 trucks. Opp. Sign up for our weekly newsletter today! 20-6072 | 2020-05-21. Id. Ziegler v. Indian River County, 64 F.3d 470, 475 (9th Cir. 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." Dec. 6, 2012). 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. Bancroft & Masters, Inc. v. Augusta Nat. See, e.g., Brandi v. Belger Cartage Serv., Inc., 842 F. Supp. Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. To do so, send a letter to the settlement administrator explaining the basis for your dispute and attach copies of the supporting evidence. [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. By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. Pros. Category: Trucking Companies. Id. 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 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. ECF No. JCT is big enough to offer all you need to be successful but we're small enough to know you by name. 17-cv-02081-RS ("Huddleston I"), slip op. In essence, the lawsuit alleges JCT made false representations about its lease purchase program and concealed material facts. Class Counsel will file a Motion for Attorneys Fees and Costs with the Court. Served on: 03/25/2021. 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." 10-1, Huddleston Decl. The deal will form one of the biggest temperature-controlled fleets in the nation at more than 3,000 trucks (800 at JCT), 5,000 trailers and total revenue exceeding $1 billion. When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. Served on 03/25/2021. Served on 03/24/2021. GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. You make about $3600 per week. 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.". Oct. 5, 2010)); Hernandez v. Martinez, No. 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." No further written . JOHN CHRISTNER TRUCKING, LLC, Defendant. You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. 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. RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. Atlantic Marine Const. You will, have to pay for your own DOT physical and drug screen, your first settlement will be -$111.00(YES NEGATIVE), relay . 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. Deductions from this amount will be made for attorneys fees and costs for Class Counsel (see Section 10 below), settlement administration costs (estimated to be $79,500.00); a service award in an amount not to exceed $25,000.00 to Plaintiff, Thomas Huddleston, for his service to the Class Members, and $75,000.00 to the California Labor and Workforce Development Agency (LWDA), which is 75% of the $100,000.00 the parties allocated to penalties associated with Plaintiffs claim under the California Private Attorneys General Act (PAGA). The test's first prong encompasses both purposeful direction and purposeful availment. The California Supreme Court has likened PAGA actions to qui tam actions in that a representative plaintiff brings an action "as the proxy or agent of the state's labor enforcement agencies, representing the same legal right and interest as those agencies and seeking statutory civil penalties that otherwise would be sought by those agencies." Bringing your own truck, you enjoy all of our great benefits (you''re responsible for your 2290). John Christner Trucking LLC Sapulpa, OK. Quick Apply.