"The scope of the claims governed by a forum selection clause depends [upon] the language used in the clause." John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. Inc., 223 F.3d 1082, 1088 (9th Cir. Enforceability Of Forum-Selection Clause. CERT. [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. The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. Co. v. Glasbrenner, 417 F.3d 353, 356 (2d Cir. Federal judges approved separate class certifications for divers in Oklahoma and California. Response date set to 04/14/2021 for Michelle S. Lim. 5:20-CV-00915 | 2020-09-11, U.S. Courts Of Appeals | Civil Right | My experience working at John Christner Trucking was a good experience. 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 This factor primarily concerns "where the witnesses and the evidence are likely to be located." Hirschbach Motor Lines on Feb. 16 announced that it will acquire Sapulpa, Okla.-based refrigerated carrier John Christner Trucking. 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." 4:17-cv-00549-GKF-CDL). Class Counsel will file a Motion for Attorneys Fees and Costs with the Court. 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"). THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. RLM [Entered: 03/12/2021 04:57 PM], [10814509] Civil case docketed. 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. at 9. It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. Both groups are considered Class Members in this Notice. See Narayan v. EGL, Inc., 616 F.3d 895, 899 (9th Cir. 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. Cal. John Christner Trucking asked the court to deny certification because Huddleston has failed to demonstrate that Californias wage and hour laws apply to him or any other putative class member.. See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. The opinion in Waffle House was fairly narrow and distinguishable from the facts here. Certificate of Interested Parties: No. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], [10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Reply at 6-8. The touchstone for asserting specific jurisdiction over a nonresident defendant is "the relationship among the defendant, the forum, and the litigation." C. 28 U.S.C. John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. Manetti-Farrow, Inc. v. Gucci Am., Inc., 858 F.2d 509, 513 (9th Cir. However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." at 21-22. Plaintiff bears the burden of showing that venue is proper. There are two kinds of personal jurisdiction that a court may exercise over an out-of-state defendant. ECF No. First, the forum-selection clause in Ronlake provided that the agreement "and all issues regarding the rights and obligations of the Members, the construction, enforcement and interpretation hereof . at 20. at 581. 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. Id. Schwarzenegger, 374 F.3d at 805. If you fail to keep your address current, you may not receive your Individual Settlement Amount. Proc. Id. 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.". Huddleston has also presented a prima facie case under the purposeful availment test. [Please open the Notice for important information.] This factor does not weigh against transfer. Thumbnails Document Outline Attachments Layers. Sep. 27, 2017). 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. He testifies in his declaration that litigating in Oklahoma would impose substantial travel costs, including airfare, rental cars, and hotel stays; that if he were to miss "any significant time away from work," his employer may withhold work or terminate his position entirely; and that being the primary wage-earner means that missed wages may threaten his ability to support his family. 14-CV-05530-WHO, 2015 WL 899294, at *3-4 (N.D. Cal. [21-5023, 21-5025] [Entered: 03/25/2021 08:56 AM], [10817559] Entry of appearance filed by Adam Carl Smedstad, James Anthony Eckhart, Mrs. Angela Stemle Cashand Christopher Eckhart for John Christner Trucking, LLC. 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. Leaked News! 10-1, Huddleston Decl. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 464 (1985). This Settlement is a compromise and is not an admission of liability on the part of Defendant. John Christner Trucking 19007 W Hwy 33 Internet United States of America. 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. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. The ICOA's choice-of-law provision is narrower than the forum-selection clause. john christner trucking Inc. John Christner Trucking. Case Details Parties Documents Dockets Case Details Case Number: 21-5025 Filing Date: ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. The Court begins its analysis with JCT's challenge to personal jurisdiction. Schedule Monday - Friday 1:30pm - 10:30pm. 5 ("Mot."). 74] of the defendant, John Christner Trucking, LLC ("JCT"). In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. 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." Christner said the company has seen continuous growth over the past two decades. 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. [21-5025] [Entered: 04/20/2021 09:24 AM], Docket[10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. Id. 1391. Job Summary The Parts Coordinator is responsible for taking parts order, dealing one-on-one with mechanics and drivers. "), and JCT replied, ECF No. 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 . July 12, 2013). 4:17-cv-00549-GKF-CDL). 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. Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. Atlantic Marine Const. Opp. Id. A review of the distirct court docket shows transcripts ordered were already on file. Murphy, 362 F.3d at 1140 (quoting M/S Bremen., 47 U.S. at 17). If you do not agree with these terms, then do not use our website and/or services. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. 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. The agreement sought to impose New York law, with the potential effect of displacing unwaivable California statutory protections to which the plaintiffs would otherwise be entitled, id. Email. Password (8+ characters) JCT restricts all routes accross I-90 but if driver does not say anything about added miles to avoid JCT WILL NOT Pay them same as using I-70 west of Denver in winter. TEXT ONLY ORDER: The parties having announced a settlement, they are to submit an agreed order of dismissal to the District Judge on or before 9/1/15. It also leases "drop yards" in locations throughout the United States, which are used for parking and staging trailers. Yahoo! 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | 3:21-CV-01669 | 2021-07-20, Dallas County District Courts | Personal Injury | We are all in this together. The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. The California resident claims he routinely. 367. 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." Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. 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. Holliday, 2010 WL 3910143, at *3-*4. Line, Inc. v. Wartsila N. R. 33.1, order filed by (CLK) extending time to file first brief on cross-appeal and appendix until 07/07/2021 for John Christner Trucking, LLC. No. C 12-03959 WHA, 2012 WL 6087399, at *4 (N.D. Cal. 4th 348, 394 (2014) (internal quotation marks and citation omitted). 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. Because the parties' private interests should not be considered, the district court may consider only arguments about public-interest factors. 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." Hirschbach Motor Lines recently agreed to acquire John Christner Trucking (JCT), a refrigerated carrier based in Sapulpa, Oklahoma. Popular Searches. 2012). Manner of Service: email. Last name. If a defendant challenges the existence of personal jurisdiction, the plaintiff bears the burden of establishing the district court's personal jurisdiction over the defendant. Huddleston I, slip op. [21-5025] [Entered: 03/15/2021 12:17 PM], Docket[10815131] Admissions letter sent. Cal. No money will revert to Defendant. [21-5025] [Entered: 04/19/2021 04:25 PM], [10822480] Attorney Ms. Michelle S. Lim for Thomas Huddleston admitted to the bar of this court. 3d 1199, 1206 n.4 (C.D. 20-610 | 2020-11-09, U.S. District Courts | Contract | . Cal. "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.'" 0. 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. JCT contracted with Huddleston (a California resident) to pick up and drop off cargo in California, which is enough to satisfy the test. See also Kia Motors Am., Inc. v. MPA Autoworks, No. As such, the argument regarding fraud and overreaching fails. DATE RECEIVED: 03/11/2021. 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. Feb 17, 2022. 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."
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