Forum-selection clauses are also scrutinized for "fundamental fairness," and may be deemed unfair if inclusion of the clause was motivated by bad faith, or if the party had no notice of the forum provision. (10/24/19 Mot hrng & 12/09/20 Sched conf.). Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. Huddleston has not met his burden of demonstrating that this is an "exceptional case" in which the Court should set aside a valid forum-selection clause. Hirschbach acquires John Christner Trucking - Overdrive Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. Our . [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] If you do not agree with these terms, then do not use our website and/or services. Feb. 6, 2012). The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. Job Search | John Christner Trucking Ronlake v. US-Reports, Inc., No. CERT. Co, 134 S.Ct. Mousavi v. John Christner Trucking, LLC - Casetext 1999), or that it is the "best" venue. Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. 2011). Huddleston v. John Christner Trucking | Robert S. Boulter | Attorney at Law Rhode Island is appealing a court ruling that ended the states truck-only tolls. 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. (Filing fee $ 400, receipt number 0972-7154708) (Attachments: # 1 Civil Cover Sheet) (Cottrell, Carolyn) [Transferred from California Eastern on 9/28/2017.] Third, JCT does not contest that the exercise of jurisdiction would conflict with the sovereignty of Oklahoma, its state of domicile, though the Court notes that the bulk of Huddleston's claims are brought under California state law, and the FLSA analysis will be the same in either California or Oklahoma. [Please open the Notice for important information.] 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. "); Turner v. Syfan Logistics, Inc., No. 5 ("Mot."). "[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." 18, 2016) ("It can come as no surprise to Syfan that litigation in Virginia might ensue when Syfan's conduct ensured DD would haul a load of frozen chicken across a significant portion of the state."). The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. Email. 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." See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. 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. [21-5025] [Entered: 04/14/2021 04:21 PM], [10817932] Minute order filed - Transcript order form due 04/08/2021 for Brian Neil, Court Reporter. 3d at 1207 n.6. | All Rights Reserved. 7. Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). Bancroft & Masters, Inc. v. Augusta Nat. Hirschbach acquiring John Christner Trucking, creating reefer giant. Report this profile . Code Ann. Join to connect John Christner Trucking, LLC. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. CDL Solo and Team Truck Drivers - Granville, PA - John Christner Trucking [21-5025] [Entered: 03/11/2021 03:45 PM]. 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."). "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.'" Oct. 5, 2010)); Hernandez v. Martinez, No. The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. at 298. Opp. No. Class Counsel will file a Motion for Attorneys Fees and Costs with the Court. Reply at 3. 10-cv-02049 (WHA), 2010 WL 4569873, at *2-3 (N. D. Cal. Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. Gulf Ins. Plaintiff and the Class Members are represented by the following attorneys acting as Class Counsel: Carolyn H. CottrellDavid C. LeimbachMichelle S. LimSCHNEIDER WALLACECOTTRELL KONECKY LLP2000 Powell Street, Suite 1400Emeryville, CA 94608Telephone: (800) 689-0024Facsimile: (415) 421-7105ccottrell@schneiderwallace.comDLeimbach@schneiderwallace.commlim@schneiderwallace.com, Robert S. BoulterLAW OFFICES OF ROBERT S. BOULTER1101 Fifth Avenue, Suite 310San Rafael, California 94901Telephone: (415) 233-7100rsb@boulter-law.com. Served on 03/24/2021. You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. The settlement administrator will determine all Individual Settlement Amounts based on Defendants records of the weeks worked by Class Members. Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding. When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. Id. There is nothing to indicate that the provision was the product of undue influence or overreaching. In support of its motion to dismiss, JCT submits, inter alia, a declaration from Shannon Crowley, Vice President of Risk Management. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. This website is designed and maintained by the Settlement Administrator for the lawsuit known as Huddleston v. John Christner Trucking, LLC . Atlantic Marine Const. at 20. The Crowley declaration includes as an exhibit a copy of the "Independent Contractor Operating Agreement" ("ICOA") that Huddleston signed. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] Co. v. Glasbrenner, 417 F.3d 353, 356 (2d Cir. Enforceability Of Forum-Selection Clause. When a case concerns enforcement of a forum-selection clause, 1404(a) provides a mechanism for its enforcement and "a proper application of section 1404(a) requires that a forum-selection clause be given controlling weight in all but the most exceptional cases." ECF No. "The party challenging the clause bears a 'heavy burden of proof.'" See also Kia Motors Am., Inc. v. MPA Autoworks, No. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. [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. Served on: 03/25/2021. John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. Thus, Huddleston need not show that the Eastern District of California has the most substantial relationship to the dispute, Kirkpatrick v. Rays Group, 71 F. Supp. Marine Const. 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." 5:16-CV-01221 | 2016-10-21, U.S. District Courts | Intellectual Property | The test's first prong encompasses both purposeful direction and purposeful availment. Why is this public record being published online? [21-5025] [Entered: 03/15/2021 12:17 PM], Docket[10815131] Admissions letter sent. LaCross, 95 F. Supp. 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 program. We have the right trucks, the right freight, and the right people. John Christner Trucking, LLC, No. 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. [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. 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." 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. 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. As such, the argument regarding fraud and overreaching fails. 3d 1199, 1206 n.4 (C.D. 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 . Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. 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. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. JCT moves to dismiss based on lack of personal jurisdiction and improper venue or, in the alternative, to transfer the case to the Northern District of Oklahoma, the forum specified in the forum-selection clause of the contract between the parties. "The scope of the claims governed by a forum selection clause depends [upon] the language used in the clause." A forum-selection clause is "not unreasonable merely because of the parties' unequal bargaining power: it is enforceable if there is reasonable communication of the clause." at *4. The plaintiff bears the burden of satisfying the first two prongs of the test. Mahoney v. Depuy Orthopaedics, Inc., No. Driver Resources | John Christner Trucking Cal. Mark Schremmer, senior editor, joined Land Line in 2015. This Settlement is a compromise and is not an admission of liability on the part of Defendant. John Christner Trucking Dec 2010 - Jun 2013 2 years 7 months Invoiced customers for our service, large and small based upon their requests and requirements and on a timely basis. ; all claims for deceptive and unfair trade practices under the Oklahoma Consumer Protection Act, 15 Okla. Stat. The 19 causes of action in the lawsuit: at 319. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] 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. If you fail to keep your address current, you may not receive your Individual Settlement Amount. 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. "No one factor is dispositive; a court must balance all seven." The lawsuit also claimed that it wasn't uncommon for drivers to receive negative paychecks. On average, employees at John Christner Trucking stay with the company for 2.3 years. The lawsuit was filed in 2017. July 12, 2013). 2009) (called into question on other grounds by Narayan v. EGL, Inc., 616 F.3d 895, 899, 904 (9th Cir. 10-1, Huddleston Decl. Farm Credit W., PCA v. Lanting, No. Public Records Policy. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. Iowa-based Hirschbach Motor Lines has acquired John Christner Trucking, a refrigerated carrier based in Sapulpa. 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. (citing Holliday, 2010 WL 3910143, at *4). 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." Response date set to 04/14/2021 for David C. Leimbach. OF INTERESTED PARTIES: n. Served on 03/12/2021. Response date set to 04/14/2021 for David C. Leimbach. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1080 (9th Cir. 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." 2002). Thus, this factor is not at issue. . Id. In essence, the lawsuit alleges JCT made false representations about its lease purchase program and concealed material facts. Personal Jurisdiction. DATE RECEIVED: 03/11/2021. 4:21-CV-00132 | 2021-03-24, U.S. District Courts | Other | Id. Manner of Service: email. He testifies in his declaration that "[m]uch" of his JCT-related work took place in California and that he drove "all over" the state, including making a "significant portion" of his pick-ups and drop-offs in the cities within this District listed in paragraph 18 of the Complaint. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. COO John Christner Trucking, LLC . Full-Time. A trucker has been awarded $500,000 after being unlawfully detained while making a 2019 delivery in California. John Christner founded JCT in 1986 with only 2 trucks. IT IS SO ORDERED. Join Our Community Today! 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." JOHN CHRISTNER TRUCKING Jobs (Now Hiring) Near Me C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. OF INTERESTED PARTIES: y. Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). 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.. [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. No further written . Cal. App. John Christner Trucking Class Action Certified | Robert S. Boulter 367. Case information including a copy of the complaint can be found here . 5:15CV81, 2016 WL 1559176, at *5 (W.D. If you mail a written objection, you may also, if you wish, appear at the Final Approval Hearing to discuss your objection with the Court and the parties. [21-5025] [Entered: 04/20/2021 09:24 AM], [10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. To be heard at the Final Approval Hearing you must also not opt out of the Settlement. Line, Inc. v. Wartsila N. The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. 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. 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."). Hirshbach buys John Christner Trucking, boosts its reefer carrier ranking 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). Id. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. Mot. Id. 5-1, Crowley Decl. One (1) settlement share for each FLSA Workweek. The case status is Pending - Other Pending. Court denies four of 19 claims in John Christner Trucking lawsuit John Christner Trucking LLC Sapulpa, OK. Quick Apply. The touchstone for asserting specific jurisdiction over a nonresident defendant is "the relationship among the defendant, the forum, and the litigation." 2006). 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."
