Every dime goes to the truck. Huddleston Decl. Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. 1979). I would still be there if I were able to still be there. Opp. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, LaCross v. Knight Transportation, Inc., 95 F. Supp. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. 1391 (d). The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. 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. 3d at 1207 n.6. Current Outline Item. 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). Click UPDATE at the bottom of the calculator. JCT was started in 1986 by the John Christner. 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.. 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. Ronlake v. US-Reports, Inc., No. [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. Va. Apr. at 11-12. By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. DECLARATION OF KAREN BUTLER REISINGER RE DEFENDANT'S CLASS ACTION FAIRNESS ACT SETTLEMENT NOTICE by John Christner Trucking, LLC (With attachments) (Reisinger, Karen) 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. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. [Please open the Notice for important information.] Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. You will if you sign a lease! Federal Rule of Civil Procedure 12(b)(2) authorizes motions to dismiss for lack of personal jurisdiction. Also, every "owner-operator" completes an orientation at those headquarters. "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." Thumbnails Document Outline Attachments Layers. at 8. R. Civ. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. 2021-06-11, U.S. Courts Of Appeals | Other | So basically they give you older trucks with almost 500k miles. 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 . Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. Served on 03/24/2021. 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. [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. 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. We've also provided a list of contacts should you have any questions. See also Narayan, 616 F.3d at 899; Quinonez v. Empire Today, LLC, No. First name. John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. 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. OF INTERESTED PARTIES: n. Served on 03/12/2021. 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. Served on: 03/25/2021. Leaked News! 367. Christner Trucking was facing a class-action lawsuit. 2007). Thus, this factor is not at issue. Feb. 6, 2012). DATE RECEIVED: 03/11/2021. Mark Schremmer, senior editor, joined Land Line in 2015. 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. It also leases "drop yards" in locations throughout the United States, which are used for parking and staging trailers. The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . The lawsuit also claimed that it wasn't uncommon for drivers to receive negative paychecks. Id. at 297. 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. JCT Logistics Team Executive Team VP of Brokerage Operations Cory J. Manzi Direct: 918-347-2370 corymanzi@jctlogistics.com VP of Account Management Dustin Byrd Direct: 918-347-2344 dustinbyrd@jctlogistics.com LEADERSHIP TEAM East Loren Benjar Direct: 918-347-2353 LorenBenjar@jctlogistics.com Central Hilda Aviles Direct: 918-347-2372 Id. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. 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. [21-5025] [Entered: 04/14/2021 04:21 PM], Docket[10817932] Minute order filed - Transcript order form due 04/08/2021 for Brian Neil, Court Reporter. Manner of Service: email. John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. This rating has decreased by -4% over the last 12 months. [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). Id. 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. Huddleston v. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. --------. 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."). [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. Click on the links below to download documents related to the Settlement. The Court has not ruled on the merits of Plaintiffs claims or Defendants defenses. See id. Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. [21-5025] [Entered: 03/15/2021 11:58 AM], Docket[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. The postmark date of mailing to Class Counsel and Defendants counsel shall be the exclusive means for determining that an objection is timely mailed to counsel. Last name. of Tex., 134 S. Ct. 568, 579 (2013) (internal quotation omitted). 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. The failure to submit a written objection as a prerequisite to appearing in court to object to the settlement may be excused upon a showing of good cause. 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. 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. John Christner Trucking adds 800 trucks to the Hirschbach fleet. Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. at 6-7 (N.D. Cal. COO John Christner Trucking, LLC . Huddleston claims JCT misclassified its "owner-operators" as independent contractors, rather than employees, and thus violated a variety of state and federal labor laws, including those governing payment of wages, minimum wage, meal and rest breaks, and wage reporting. The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. Good lease to make money. [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. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. Case information including a copy of the complaint can be found here . Served on 03/24/2021. Public-interest "factors will rarely defeat a transfer motion, [meaning that] the practical result is that forum-selection clauses should control except in unusual cases." Cal. 9. Rowen v. Soundview Commc'ns, Inc., No. 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. 71st St., Suite 200Tulsa, OK 74136Telephone: (918) 970-2000Facsimile: (918) 970-2002. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. "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." Scam Internet. 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." Gulf Ins. 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. at 582. The ICOA's choice-of-law provision is narrower than the forum-selection clause. 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. 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. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. This factor does not weigh against transfer. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Attorney at Scopelitis Garvin Light Hanson & Feary, Attorney at Schneider Wallace Cottrell Konecky, Docket[10826612] On the court's own motion and pursuant to 10th Cir. The court denied motions for certification to a California resident class and the portion of the Oklahoma class related to the Oklahoma Business Opportunity Sales Act claims. 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. A review of the distirct court docket shows transcripts ordered were already on file. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. 4th 348, 394 (2014) (internal quotation marks and citation omitted). The 19 causes of action in the lawsuit: The court, however, "is obligated to draw all reasonable inferences in favor of the non-moving party and resolve all factual conflicts in favor of the non-moving party." Aug. 13, 2014). Marcotte, 2014 WL 4477349, at *8 (quoting Besag v. Custom Decorators, Inc., No. JCT Media Center. John Christner Trucking, LLC, N.D. Oklahoma (Case No. This factor primarily concerns "where the witnesses and the evidence are likely to be located." P. 4(k)(1)(A). While FLSA claims can arise in any state, JCT's decision to hire Huddleston, a California resident, to make pick-ups and drop-offs in California means that his claims arose, at least in part, there. 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." Join to connect John Christner Trucking, LLC. [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. at 17. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. . No. 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." 12-CV-06133-LHK, 2014 WL 3962647, at *4 (N.D. Cal. 1 : UPS Inc. at 581. at 20. Opp. RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. Served on 03/24/2021. 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. A trucker has been awarded $500,000 after being unlawfully detained while making a 2019 delivery in California. Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. it must be reasonable." First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. 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. at *3-*4 and thus had broader reach than the choice-of-law provision in the ICOA here. Understand also that this is a lease. 2006). None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. Atlantic Marine Const. Sep. 27, 2017). UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. . JCT leases facilities in Phoenix, Arizona, and Oklahoma City, Oklahoma. Huddleston alleges in the Complaint that he "would regularly engage in JCT's business in various locations within this judicial district, including but not limited to Fresno, Stockton, Tulare, Newman, Turlock, Modesto, Merced, Madera, and Livingston." See, e.g., Brandi v. Belger Cartage Serv., Inc., 842 F. Supp. Response date set to 04/14/2021 for Carolyn H. Cottrell. (10/24/19 Mot hrng & 12/09/20 Sched conf.). Apr. approve of John M Christner's performance Founded 1986 Company size 1001 to 5,000 Revenue $100M to $500M (USD) Industry Transportation & Logistics Headquarters Sapulpa Oklahoma, United . 5:15CV81, 2016 WL 1559176, at *5 (W.D. shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . JCT is big enough to offer all you need to be successful but we're small enough to know you by name. While the Court is sensitive to the potential financial strain involved in litigating this case in Oklahoma, serving as the named plaintiff in a class action is unlikely to carry with it the requirement that Huddleston travel to Oklahoma with much frequency, and Huddleston has failed to explain why litigating in Oklahoma would require substantially more time away from work than litigating in California such that he would be denied the ability to bring the case. 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." Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." Manner of Service: email. 2007) (citing Murphy, 362 F.3d at 1141; E.J. M/S Bremen, 407 U.S. at 18. 4th 15, 21 (2012) (holding that a lawsuit "to enforce rights arising under the Labor Code benefitting employees but not independent contractors" did not "concern the application or interpretation of the" parties' employment agreements because the "petitioners' rights under the Labor Code are distinct from their contractual rights under the [a]greements"). 1337, 1341-42 (D. Kan. 1994) ("[G]iven the nationwide nature of Professional's transportation brokerage service, it should certainly have foreseen the possibility of litigation arising in a state through which it had arranged for the shipment of goods. at 18. GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. 0. 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. 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." 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. If you would like additional information or have any non-legal questions, please contact the Huddleston v. JCT Settlement Administrator: Huddleston v. JCT SettlementAdministratorP.O Box 10269Tallahassee, FL 32302-2269 claims@ssiclaims.com(855) 458-3918, This website is designed and maintained by the Settlement Administrator for thelawsuit known as Huddleston v. John Christner Trucking, LLC. Am., Inc., 485 F.3d 450, 457 (9th Cir. JCT also argues for transfer to the Northern District of Oklahoma pursuant to 28 U.S.C. Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). 2011). NEW! See Piedmont Label Co. v. Sun Garden Packing Co., 598 F.2d 491, 496 (9th Cir. . First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. [21-5025] [Entered: 04/14/2021 04:43 PM], [10822463] Attorney Mr. David C. Leimbach for Thomas Huddleston admitted to the bar of this court. ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. C 12-03959 WHA, 2012 WL 6087399, at *4 (N.D. Cal. 4:17-CV-06257 | 2017-10-29, U.S. District Courts | Personal Injury | Full-Time. 21% of John Christner Trucking employees are women, while 79% are men. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Oklahoma Class All current and former individuals who provide(d) transportation services for Defendant within the United States, who (1) entered into an Independent Contractor Operating Agreement with Defendant, and (2) entered into a Lease Agreement with Defendant or Three Diamond Leasing, LLC, from April 12, 2014 to June 21, 2022. Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." Certificate of Interested Parties: No. Bringing your own truck, you enjoy all of our great benefits (you''re responsible for your 2290). Marine Const. Select SOLO DRIVER or TEAM DRIVER. Co., 417 F.3d at 357. at 7. Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011). M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972). Your decision as to whether or not to participate in this Settlement will in no way affect your work or relationship with Defendant or future work or relationship with Defendant. 1995). The most common ethnicity at John Christner Trucking is White (66%), followed by Hispanic or Latino (11%) and Black or African American (10%). 801, et seq. Id. In support of its motion to dismiss, JCT submits, inter alia, a declaration from Shannon Crowley, Vice President of Risk Management. 2015). [21-5025] [Entered: 03/24/2021 02:58 PM], [10817554] Entry of appearance submitted by Christopher J. Eckhart, Angela S. Cash, James A. Eckhart, Adam C. Smedstad for Appellee John Christner Trucking, LLC for court review. When venue is challenged, the court must determine whether the case falls within one of the three categories set out in the general venue statute, 28 U.S.C. Silver Valley Partners, LLC v. De Motte, 400 F. Supp. The Court begins its analysis with JCT's challenge to personal jurisdiction. You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. at 13-14 (emphasis in original). The Court disagrees. See Leroy v. Great W. United Corp., 443 U.S. 173, 180 (1979) ("The question of personal jurisdiction, which goes to the court's power to exercise control over the parties, is typically decided in advance of venue, which is primarily a matter of choosing a convenient forum."). Don't miss out on our weekly happenings within our company! The following persons will be considered Class Members and be eligible to receive an Individual Settlement Amount from the Net Settlement Amount: Plaintiff and persons who meet the requirements of one or more of the following class or collective definitions: California Class All current and former individuals, to the extent they perform(ed) transportation services for Defendant within California from April 12, 2013 to June 21, 2022. Company Contact Info John Christner Trucking LLC 19007 W Highway 33 Sapulpa, OK 74066 918-227-1600 918-248-3085 Cargo Hauled by John Christner Trucking LLC Fresh Produce General Freight Meat Refrigerated Food Id. Dec. 6, 2012). 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. Issued on 04/27/2021. "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." Under the general venue statute, a civil action may be brought in: (1) a judicial district in which any defendant resides, if all defendants are residents of the state in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action.