Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. Because the state of California is the real party in interest in this "quasi-administrative enforcement action," Huddleston argues, the state has a strong interest in having the case litigated at home. Opp. Still others have found that they are neither tort nor contract claims. 5). For-Hire Companies | Transport Topics [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] But after fuel. Hirschbach acquiring John Christner Trucking, creating reefer giant. The U.S. Supreme Court has held that forum-selection clauses are presumptively valid and should only be set aside if the party challenging enforcement can "clearly show that enforcement would be unreasonable and unjust." John Christner Trucking, LLC, No. This matter is now ripe for review and is suitable for disposition without oral argument. 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. 2014) (citing Murphy, 362 F.3d at 1141). Id. Hirschbach Motor Lines recently agreed to acquire John Christner Trucking (JCT), a refrigerated carrier based in Sapulpa, Oklahoma. Co, 134 S.Ct. If you object to the Settlement, you cannot opt out of the Settlement, and you will be bound by the terms of Settlement in the event the Court denies your objection. 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. Current Outline Item. The California resident claims he routinely. Reply at 3. 21% of John Christner Trucking employees are women, while 79% are men. The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. 2011). The DM speaks to their Drivers poorly and use profanity. Id. 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. Long hours and little pay: Lawsuit claims local trucking company Atlantic Marine Const. You do not have to pay the attorneys who represent the Class Members. RLM [Entered: 03/12/2021 04:57 PM], [10814509] Civil case docketed. Lawrence J. O'Neill UNITED STATES CHIEF DISTRICT JUDGE MEMORANDUM DECISION AND ORDER RE DEFENDANT'S MOTION TO DISMISS FOR LACK OF JURISDICTION, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE (ECF NO. 1 at 18. "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." [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] 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. LaCross, 95 F. Supp. Aug. 13, 2014). Huddleston argues that his claims brought pursuant to the Private Attorney General Act ("PAGA") are of such a strong local nature that they should be litigated in California. 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. John Christner Trucking LLC Sapulpa, OK. Quick Apply. The lawsuit was filed in 2017. Manner of Service: email. A trucker has been awarded $500,000 after being unlawfully detained while making a 2019 delivery in California. Preliminary record filed. For the foregoing reasons, the Court GRANTS IN PART Defendant's Motion To Dismiss Or, In The Alternative, To Transfer Venue, and ORDERS this case TRANSFERRED to the Northern District of Oklahoma for all further proceedings. Code Ann. (citing Iskanian for the proposition that representative PAGA claims may be brought in forums other than California state courts). In contract cases, the Ninth Circuit inquires whether a defendant "purposefully avails itself of the privilege of conducting activities" or "consummate[s] [a] transaction" in the forum, focusing on activities such as delivering goods or executing a contract. Please do not contact the court. . Both groups are considered Class Members in this Notice. Plaintiff Thomas Huddleston brings this wage-and-hour putative class action lawsuit against defendant John Christner Trucking, LLC ("JCT"). 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. The touchstone for asserting specific jurisdiction over a nonresident defendant is "the relationship among the defendant, the forum, and the litigation." If you do not agree with these terms, then do not use our website and/or services. John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . Defendant is represented by the following attorneys: Christopher J. Eckhart Angela S. Cash Karen B. Reisinger SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], [10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. Served on 03/24/2021. 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." Hirschbach Motor Lines acquires John Christner Trucking John Christner Trucking has 500 employees. According to Crowley, JCT does not own or lease any property in California, except for one drop yard it leases in Colton, California. [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. 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. 3d 1199, 1207 (C.D. Opp. $246.4 M. Employees. 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." "[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." Id. I would still be there if I were able to still be there. The Ninth Circuit has established a three-prong test for analyzing a claim of specific personal jurisdiction: (i) the defendant must have purposefully availed itself "of the privilege of conducting activities in the forum, thereby invoking the benefits and protections of its laws"; (ii) the cause of action must "arise[] out of or relate[] to the defendant's forum-related activities"; and (iii) "the exercise of jurisdiction must comport with fair play and substantial justice, i.e. It is thus not Huddleston's personal choice to live in California which drives the jurisdictional analysis, but JCT's choice to dispatch deliveries to and from California which does." [21-5025] [Entered: 03/15/2021 12:17 PM], Docket[10815131] Admissions letter sent. at 582. 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." In general, managers at John Christner Trucking are good to work with. (Oklahoma Class Period). Marine, 134 S. Ct. at 581. Marcotte, 2014 WL 4477349, at *8 (quoting Besag v. Custom Decorators, Inc., No. Any and all claims, demands, causes of action, charges, and grievances, of whatever kind or nature, whether known or unknown, suspected or unsuspected, which Plaintiff and the Class Members now own or hold or have at any time before the Effective Date owned or held against Defendant or any of the Released Parties and which arose out of, are in any way connected to, or that were made or could have been made based on the facts, theories, and claims pled in Plaintiffs Class and Collective Action Complaint (Complaint). 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. Dubuque, Iowa-based Hirschbach Motor Lines announced the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. JCT Customers | John Christner Trucking at *4. Served on 03/24/2021. (citing Carnival Cruise Lines, 499 U.S. at 595. 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. Response date set to 04/14/2021 for Michelle S. Lim. [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. Discussion in 'Report A BAD Trucking Company Here' started by GipsySoul, Sep 26, 2012. And the best part of all, documents in their CrowdSourced Library are FREE! To calculate your estimated compensation package at JCT: Select OWNER OPERATOR or LEASE PURCHASE. 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 The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. [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. You will, have to pay for your own DOT physical and drug screen, your first settlement will be -$111.00(YES NEGATIVE), relay . More than 3,000 truck drivers were involved. 12 ("Reply"). In re John Christner Trucking, LLC - casetext.com Plaintiff bears the burden of showing that venue is proper. Huddleston Decl. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. Gallo Winery v. Andina Licores S.A., 440 F. Supp. JOHN CHRISTNER TRUCKING Jobs (Now Hiring) Near Me 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." Huddleston v. John Christner Trucking, LLC, No. 4:2017cv00549 John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. 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 [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. This rating has decreased by -4% over the last 12 months. 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. Change of Address Success - John Christner Truck Driver Settlement ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. Jag Trucking Inc. Revenue. Have you been screwed by John Christner Trucking yet? You will if you 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. at 298. Phone: 8003241900. (citing Holliday, 2010 WL 3910143, at *4). 1:11-CV-02009 LJO, 2012 WL 393614, at *3-4 (E.D. "Public-interest factors may include 'the administrative difficulties flowing from court congestion; the local interest in having localized controversies decided at home; [and] the interest in having the trial of a diversity case in a forum that is at home with the law.'" 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. Thus, this factor is not at issue. 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." July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. Unless you present convincing evidence proving you worked more workweeks than shown by Defendants records, your Individual Settlement Amount will be determined based on Defendants records. . John Christner Trucking insights Based on 104 survey responses Areas for improvement Fair pay for job Trust in colleagues Sense of belonging One of the worst company to work for trcuk driver (Former Employee) - Sapulpa, OK - September 7, 2020 Attention attention avoid this company at all cost. Preliminary record filed. 2012 WL 393614, at *1 (emphasis supplied). Last year's revenues were $185 million, and the company expects to reach $200 million this year. Narayan, 616 F.3d at 899; see Elijahjuan v. Superior Court, 210 Cal. Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. Manner of Service: email. Tiffany Lalim - Driver Settlement - John Christner Trucking, LLC | LinkedIn John Christner Trucking 19007 W Hwy 33 Internet United States of America. 2006). 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." 10. 7. Served on 03/25/2021. The combined revenue of both companies will exceed $1. Education among Chamber's priorities | | tulsaworld.com Popular Searches. 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. Cal. JCT will continue to operate as a separate, but highly integrated, company with Danny Christner joining Hirschbach as the president of JCT, according to a statement from Hirschbach. 2004). C. 28 U.S.C. This is an estimate of what your fixed expenses and variable expenses may be. 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." [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. 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. We have the right trucks, the right freight, and the right people. 30-31, Ex. at *3-*4 and thus had broader reach than the choice-of-law provision in the ICOA here. 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. 4:20-CV-00638 | 2020-12-07, U.S. District Courts | Contract | 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. [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. "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." [21-5025] [Entered: 03/12/2021 05:19 PM], [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. 2015). 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. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. Make your practice more effective and efficient with Casetexts legal research suite. 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." Made in Oklahoma: John Christner Trucking Inc. Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." Hirshbach buys John Christner Trucking, boosts its reefer carrier ranking Huddleston v. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. 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. Mahoney v. Depuy Orthopaedics, Inc., No. This constitutes some purposeful injection into California and supports the reasonableness of the exercise of personal jurisdiction over JCT. at 18. 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. Lawrence J. O'Neill UNITED STATES CHIEF DISTRICT JUDGE, MEMORANDUM DECISION AND ORDER RE DEFENDANT'S MOTION TO DISMISS FOR LACK OF JURISDICTION, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE (ECF NO.