The Crowley declaration includes as an exhibit a copy of the "Independent Contractor Operating Agreement" ("ICOA") that Huddleston signed. 30-31, Ex. In determining whether jurisdiction is reasonable, courts consider seven factors: (1) the extent of a defendant's purposeful interjection into the forum; (2) the burden on the defendant in defending in the forum; (3) the extent of conflict with the sovereignty of the defendant's state; (4) the forum state's interest in adjudicating the dispute; (5) the most efficient judicial resolution of the dispute; (6) the importance of the forum to the plaintiff's interest in convenient and effective relief; and (7) the existence of an alternative forum. Both sides agree that in light of the risks and expenses associated with continued litigation, this Settlement is fair and appropriate under the circumstances, and in the best interests of the Class Members. COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. John Christner Trucking, LLC, N.D. Oklahoma (Case No. 752, et seq. Thread Status: Not open for further replies. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. Because document collection is now mostly an exercise in electronic discovery, the presence of corporate documents in Oklahoma does not weigh heavily in favor of finding that jurisdiction in California would be unreasonable. at 20. Submit. Public Records Policy. Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. Jag Trucking Inc. Revenue. Mark Schremmer, senior editor, joined Land Line in 2015. Upon the date the Settlement becomes effective (Effective Date), all Class Participants release claims as follows against Defendant, and their present and former parent companies, subsidiaries, divisions, affiliates, successors, predecessors, related companies, and joint ventures, and each of their present and former officers, directors, shareholders, agents, employees, insurers, attorneys, accountants, auditors, advisors, representatives, consultants, administrators, trustees, general and limited partners, predecessors, successors and assigns (collectively, the Released Parties): In addition, all Class Participants expressly waive, as to the Released Claims stated above and based on or arising out of the same factual predicates of the Complaint, running through June 21, 2022, the provisions, rights, and benefits of California Civil Code 1542, which reads: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. 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 . Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. 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. 1999), or that it is the "best" venue. ROBERTO BALDERRAMA vs. JOHN CHRISTNER TRUCKING, JACQUELINE BRADFORD, Ordosgoitti v. Werner Enterprises, Inc. et al, Chandler et al v. Craters & Freighters Franchise Company, Beissel et al v. Western Flyer Express, LLC, Board of Education of Yukon Oklahoma Public Schools v. SYSCO USA II, LLC, Seay et al v. Oklahoma Board of Dentistry et al, Seay, et al v. Oklahoma Board of Dentistry, et al. This rating has decreased by -4% over the last 12 months. A former safety manager for a California company has been sentenced to probation for a conspiracy involving the illegal repair of cargo tanks. CERT. "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." This factor does not weigh in favor of a finding of unreasonableness. 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." ." Do yourself a favor and keep looking. Atlantic Marine Const. 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. Though JCT's corporate documents and witnesses likely will be located in Oklahoma, Huddleston and other members of the California class likely will be located in California. Manner of Service: email. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. The purposeful direction test requires satisfaction of all three prongs of the Supreme Court's effects test from Calder v. Jones, 465 U.S. 783, 789-90 (1984). Yahoo, 433 F.3d at 1206; Schwarzenegger, 374 F.3d at 802. Docketing statement, transcript order form and notice of appearance due on 03/25/2021 for Thomas Huddleston; notice of appearance due on 03-25-2021 for John Christner Trucking, LLC. Huddleston seeks to represent other "owner-operators" in a collective action under the Fair Labor Standards Act ("FLSA") and class actions under California and Oklahoma law. Id. 1. JCT does not target any advertising specifically to California and, since at least 2013, only 10- 12% of its total nationwide miles have been logged in California. 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." 10 West Market Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 637-1777 Facsimile: (317) 687-2414 at 298. Second, litigating in California would impose some burden on JCT, but because "modern advances in communications and transportation have significantly reduced the burden of litigating in another [jurisdiction]," Sinatra v. Nat'l Enquirer, Inc., 854 F.2d 1191, 1199 (9th Cir. A. Plaintiff opposed, ECF No. Feb 17, 2022. England Case $37,800,000 Settlement Concluded; Refusal to Drive Unsafe Truck - Driver Awarded $55k; Franchisor's Non-competition Injunction Denied. ICOA 23. A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." 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. Va. Apr. 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 . See Gulf Ins. The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . Gulf Ins. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. INTRODUCTION --------. DATE RECEIVED: 03/11/2021. The settlement administrator will notify you of the decision on the dispute. 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. 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. 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 2006). Preliminary record filed. Judge Gregory Frizzell of the U.S. District Court for the Northern District of Oklahoma granted the motion for class certification on Jan. 30 for truck drivers who worked in California, as well for an Oklahoma consumer protection class. Ziegler v. Indian River County, 64 F.3d 470, 475 (9th Cir. 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. B. Venue, Federal Rule of Civil Procedure 12(b)(3) authorizes motions to dismiss for improper venue. 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." John Christner was great at first and then milege saving came to be the normal no matter the load and route drivers lose 100+ miles per load sometimes as high as 200. Certificate of Interested Parties: Yes. Join Our Community Today! [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. 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. This Settlement is a compromise and is not an admission of liability on the part of Defendant. At John Christner Trucking, our primary focus is on truckload transportation, with an emphasis on temperature controlled products. The general venue statute does not authorize venue in a single district in which the most substantial part of the events or omissions giving rise to the claim occurred. at 18. Apr. [21-5025] [Entered: 04/14/2021 04:43 PM], Docket[10822463] Attorney Mr. David C. Leimbach for Thomas Huddleston admitted to the bar of this court. This matter is now ripe for review and is suitable for disposition without oral argument. [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. [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 United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. See Piedmont Label Co. v. Sun Garden Packing Co., 598 F.2d 491, 496 (9th Cir. Served on 03/12/2021. You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. Response date set to 04/14/2021 for David C. Leimbach. Case Details Parties Documents Dockets Case Details Case Number: 21-5025 Filing Date: Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). "The party challenging the clause bears a 'heavy burden of proof.'" Hirschbach acquiring John Christner Trucking, creating reefer giant. 2d 1262, 1269 (W.D. 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."). 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. JCT Media Center. None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. Federal Rule of Civil Procedure 12(b)(2) authorizes motions to dismiss for lack of personal jurisdiction. 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. See Atl. Federal judges approved separate class certifications for divers in Oklahoma and California. CLAIRE V. EAGAN UNITED STATES DISTRICT JUDGE OPINION AND ORDER Now before the Court is Defendants John Christner Trucking, LLC and Three Diamond Leasing, LLC's Motion to Dismiss and Brief in Support (Dkt. My experience working at John Christner Trucking was a good experience. CIVF 07-1321 AWI SMS, 2007 WL 3341389, at *7 (E.D. 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." Case information including a copy of the complaint can be found here . Id. Christner Trucking was facing a class-action lawsuit. 1993) holding modified by Yahoo! (10/24/19 Mot hrng & 12/09/20 Sched conf.). If at the conclusion of the 180-day void period, there are any uncashed checks, the settlement administrator will redistribute those monies to Class Participants who did cash their checks. 1404 and the forum-selection clause. More than 3,000 truck drivers were involved. Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding.
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