OF INTERESTED PARTIES: y. 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. Manner of Service: email. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. Hirschbach acquiring John Christner Trucking, creating reefer giant. The Settlement provides that Class Counsel will receive attorneys fees of up to 33.33% of $9,250,000.00, and costs not to exceed $150,000.00. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], [10825412] Filed notice record is complete. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] [21-5025] [Entered: 04/27/2021 08:32 AM], [10823665] Minute order filed - Notice due that record is complete by 04/27/2021 for Mark C. McCartt, Clerk of Court (oclk). [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. Parts Coordinator. 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. 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. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. 1993) holding modified by Yahoo! Holland Am. Murphy, 362 F.3d at 1140 (quoting M/S Bremen., 47 U.S. at 17). 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." [Please open the Notice for important information.] CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. # 9). Huddleston v. John Christner Trucking, LLC, 1:17-cv-00925-LJO-SAB (E.D. By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. 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." . Mot. 3, 2015). at 21-22. Hirschbach Motor Lines recently agreed to acquire John Christner Trucking (JCT), a refrigerated carrier based in Sapulpa, Oklahoma. Select SOLO DRIVER or TEAM DRIVER. 2011). 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. 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. Join Our Community Today! See Local Rule 230(g). ***TIDBIT TUESDAY*** QualComm Message Reinder: Every Friday around 10:00 am you receive a message from the driver settlement department on your qual comm. Id. LaCross, 95 F. Supp. 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." "We are proud to partner with WorkAdvance and provide Tulsans with employment opportunities," said Angie Buchanan, vice president of Melton Truck Lines. Oct. 5, 2010)); Hernandez v. Martinez, No. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], [10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Response date set to 04/14/2021 for Carolyn H. Cottrell. This factor does not weigh in favor of a finding of unreasonableness. Pros. Served on 03/24/2021. 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. 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."). granted the motion for class certification, International group throws support behind Rhode Islands appeal of truck toll verdict, Vehicle weight at issue in overtime lawsuit, Trucker awarded $500K after being unlawfully detained, Former safety manager receives probation for cargo tank conspiracy. Web: www.johnchristner.com. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. In 2020, United States District Court Judge Gregory Frizzell certified a nationwide class of drivers for a claim that JCT violated Oklahomas consumer protection law in selling the lease program utilizing alleged misrepresentations and concealing material facts. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011). 71st St., Suite 200Tulsa, OK 74136Telephone: (918) 970-2000Facsimile: (918) 970-2002. Huddleston has failed to provide any evidence that the Contract's terms regarding forum selection were not clearly communicated in the ICOA or that the inclusion of the forum selection clause was the product of fraud or overreaching. 74] of the defendant, John Christner Trucking, LLC ("JCT"). John Christner Trucking, LLC, No. LaCross v. Knight Transportation, Inc., 95 F. Supp. 17-cv-02081-RS ("Huddleston I"), slip op. Response date set to 04/14/2021 for Michelle S. Lim. 12. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], [10817921] Docketing statement filed by Thomas Huddleston. The Court held that an arbitration agreement to which the EEOC was not a party could not limit the remedies otherwise granted to the EEOC by statute, which not only had the authority to pursue independent actions in court for Title VII violations but, in the context of the suit, also had "exclusive authority over the choice of forum and the prayer for relief once a charge has been filed." John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. at 581. 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." C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. "Courts in the Ninth Circuit have generally agreed that the choice-of-law analysis is irrelevant to determining if the enforcement of a forum selection clause contravenes a strong public policy." Scam Internet. The clause here is clearly marked; the section header is bolded, and the forum-selection provision is in capital letters. Ziegler v. Indian River County, 64 F.3d 470, 475 (9th Cir. B. Venue, Federal Rule of Civil Procedure 12(b)(3) authorizes motions to dismiss for improper venue. The combined revenue of both companies will exceed $1 billion and will propel Hirschbach to be one of the nation's largest refrigerated carriers. 10-1. 8. Who are the attorneys representing Plaintiff and the Class Members? Silver Valley Partners, LLC v. De Motte, 400 F. Supp. 2009) (called into question on other grounds by Narayan v. EGL, Inc., 616 F.3d 895, 899, 904 (9th Cir. 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." Ronlake v. US-Reports, Inc., No. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. The first, known as "general jurisdiction," exists if the defendant's contacts with the forum are "so substantial and of such a nature as to justify suit against it on causes of action arising from dealings entirely distinct from those activities." 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. 1. 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. 4:20-CV-00638 | 2020-12-07, U.S. District Courts | Contract | Id. "The party challenging the clause bears a 'heavy burden of proof.'" Now as a fleet of over 800 trucks, John has had the support of many throughout the years, including his two sons Danny & Darryl. Huddleston does not exclusively bring California claims; the Complaint also contains four causes of action under Oklahoma law, and in any case, "federal judges routinely apply the law of a State other than the State in which they sit." According to Crowley, JCT does not own or lease any property in California, except for one drop yard it leases in Colton, California. The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. 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. John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. Va. Apr. DATE RECEIVED: 03/11/2021. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. "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." Any disputes must be postmarked by Saturday, September 24, 2022, and should be mailed to Huddleston v. JCT Settlement Administrator, P.O. ECF No. Understand also that this is a lease. "Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin." (internal quotation marks omitted)). 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. 206, et seq. After the first two prongs of the test have been met, the defendant has the burden of showing that the Court's jurisdiction would be unreasonable. Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. JCT has not met its burden of showing that this Court's exercise of specific jurisdiction would be unreasonable. Objections shall only be considered if the Class Member has not opted out of the Settlement. For tax reporting purposes, all Individual Settlement Amounts will be reported on an U.S. Internal Revenue Service (IRS) 1099 Form. Popular Searches. 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. Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. This Notice explains your right to share in the monetary proceeds of this Settlement, exclude yourself (opt out) of the Settlement, or object to the Settlement. If you fail to keep your address current, you may not receive your Individual Settlement Amount. 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. Cal. John Christner Trucking, L.L.C. It also leases "drop yards" in locations throughout the United States, which are used for parking and staging trailers. A federal judge in Oklahoma approved separate class certifications for more than 3,000 truck drivers in a misclassification lawsuit against John Christner Trucking. Jan. 10, 2006) ("Because venue can properly lie in multiple districts, the court need not compare sales figures in an effort to find the 'best venue'; rather the question is whether the venue chosen by a plaintiff is proper.").
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