See Fed. 1:11-CV-02009 LJO, 2012 WL 393614, at *3-4 (E.D. 2009) (called into question on other grounds by Narayan v. EGL, Inc., 616 F.3d 895, 899, 904 (9th Cir. Served on 03/25/2021. 2006). [21-5023, 21-5025] [Entered: 03/25/2021 08:56 AM], [10817559] Entry of appearance filed by Adam Carl Smedstad, James Anthony Eckhart, Mrs. Angela Stemle Cashand Christopher Eckhart for John Christner Trucking, LLC. 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. 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. (citing Iskanian for the proposition that representative PAGA claims may be brought in forums other than California state courts). [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. (Text Only - No Attachment). In the event any portion of the Individual Settlement Amounts paid to Plaintiff and Class Participants is ultimately construed by the IRS or any other taxing authority to be taxable income from which taxes should have been withheld, Plaintiff and Class Participants shall pay any and all such taxes, interest, and penalties on the amount they receive. C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. at 294. England Case $37,800,000 Settlement Concluded; Refusal to Drive Unsafe Truck - Driver Awarded $55k; Franchisor's Non-competition Injunction Denied. Seventh, Oklahoma is available as an alternative forum. Finally, one place to get all the court documents we need. 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." at *4. Both groups are considered Class Members in this Notice. This rating has decreased by -4% over the last 12 months. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. 2004). 2004). "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." JCT argues in the alternative that even if this Court does have specific personal jurisdiction and venue is proper in this District, the case should be transferred to the Northern District of Oklahoma pursuant to 28 U.S.C. at *3-*4 and thus had broader reach than the choice-of-law provision in the ICOA here. 3d at 1207 n.6. Why one international organization is joining the fight. Fill out the form below to receive a free and confidential initial consultation. Click on the links below to download documents related to the Settlement. 12. Manner of Service: email. Manner of Service: email. 2015) (construing similar contract and holding that "while Plaintiffs' misclassification claims 'relate to' the ICOA (and thus trigger the forum-selection clause) they would likely not be governed by Arizona law, as only 'the agreement' itself is governed by such law"). [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. at 6-7 (N.D. Cal. Christner Trucking was facing a class-action lawsuit. 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. More than 3,000 truck drivers were involved. 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. 2012 WL 393614, at *1 (emphasis supplied). JCT's contacts with California are not mere happenstance resulting from Huddleston's incidental residence in the state independent of JCT's conduct. Cancellation and Refund Policy, Privacy Policy, and Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." 1. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). Response date set to 04/14/2021 for David C. Leimbach. If a defendant challenges the existence of personal jurisdiction, the plaintiff bears the burden of establishing the district court's personal jurisdiction over the defendant. JCT argues that because it is an Oklahoma corporation that holds its driver orientations in Oklahoma and bases its drivers' compensation on miles traveled nationwide, not merely in California, it "never directed its actions at California," and the second prong is left unsatisfied. 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. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. In EEOC v. Waffle House, Inc., 534 U.S. 279 (2002), the Supreme Court held that a governmental agency was not bound by an employee's arbitration agreement such that it was barred from pursuing judicial relief in an enforcement action. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. The agreement sought to impose New York law, with the potential effect of displacing unwaivable California statutory protections to which the plaintiffs would otherwise be entitled, id. Marine, 134 S. Ct. at 581. OF INTERESTED PARTIES: y. 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. 2000). 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." Cal. Id. 4:20-CV-00638 | 2020-12-07, U.S. District Courts | Contract | No further written . CERT. 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. 5:20-CV-00915 | 2020-09-11, U.S. Courts Of Appeals | Civil Right | Jag Trucking Inc. Revenue. Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. 2021-06-11, U.S. Courts Of Appeals | Other | 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199 (9th Cir. . (citing Carnival Cruise Lines, 499 U.S. at 595. 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. 74] of the defendant, John Christner Trucking, LLC ("JCT"). Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. 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." Huddleston v. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. Am., Inc., 485 F.3d 450, 457 (9th Cir. Last name. JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. Narayan, 616 F.3d at 899; see Elijahjuan v. Superior Court, 210 Cal. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. Indeed, courts have found the requirements of specific personal jurisdiction satisfied where a shipping company contracts to ship goods from one state to a second state and a cause of action arises in a third state through which the goods were passing. Served on 03/25/2021. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], Docket[10817929] Acknowledgment of transcript order filed by Thomas Huddleston. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. 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. Preliminary record filed. You do not have to pay the attorneys who represent the Class Members. Why is this public record being published online? See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. Served on 03/24/2021. Richards v. Lloyd's of London, 135 F.3d 1289, 1297 (9th Cir. Objections shall only be considered if the Class Member has not opted out of the Settlement. 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. 752, et seq. 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."). 2015). If you have questions about this Notice, or the Settlement, or if you did not receive this Notice in the mail and you believe that you are or may be a Class Member, you should contact Class Counsel or the Settlement Administrator.This Notice is only a summary. Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. Your written objection must state whether you will attend the Final Approval Hearing, and your written notice of your intention to appear at the Final Approval Hearing must be filed with the Court and served upon Class Counsel and Defendants counsel on or before Saturday, September 24, 2022. Id. 5-3, Huddleston v. John Christner Trucking, LLC, No. Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. 20-6072 | 2020-05-21. Hirschbach acquiring John Christner Trucking, creating reefer giant. Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. 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. 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. ECF No. I would still be there if I were able to still be there. 10-1, Huddleston Decl. 2010) ("Whether the Drivers are entitled to [California Labor Code] benefits depends on whether they are employees of [the defendant], which in turn depends on the definition that the otherwise governing lawnot the partiesgives to the term 'employee.' Core-Vent Corp. v. Nobel Indus. "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." "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." Bancroft & Masters, Inc. v. Augusta Nat. To do so, send a letter to the settlement administrator explaining the basis for your dispute and attach copies of the supporting evidence. . July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. Sign up for our weekly newsletter today! 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. Cal. CERT. Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). The most common ethnicity at John Christner Trucking is White (66%), followed by Hispanic or Latino (11%) and Black or African American (10%). John Christner founded JCT in 1986 with only 2 trucks. shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . This matter is now ripe for review and is suitable for disposition without oral argument. Court for W. Dist. 9. Who are the attorneys representing Defendant John Christner Trucking, LLC? John Christner Trucking LLC Sapulpa, OK. Quick Apply. 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. He further testifies that litigating this case in Oklahoma would impose a prohibitive economic hardship on him due to the cost of travel and time away from work, problems that he would not experience if the case were to remain in California. Id. 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). $246.4 M. Employees. OF INTERESTED PARTIES: n. Served on 03/12/2021. If you are a Class Member, you may be entitled to receive money from a Settlement in this case, as described below. ECF No. Last year's revenues were $185 million, and the company expects to reach $200 million this year. Robles v. Comtrak Logistics, Inc., No. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Served on: 03/25/2021. The opinion in Waffle House was fairly narrow and distinguishable from the facts here. JCT contracted with Huddleston (a California resident) to pick up and drop off cargo in California, which is enough to satisfy the test. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. We are all in this together. Farm Credit W., PCA v. Lanting, No. We've also provided a list of contacts should you have any questions. Served on 03/24/2021. [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. Hirschbach builds national footprint through M&A (Photo: Hirschbach) Refrigerated carrier Hirschbach announced Wednesday the acquisition of John Christner Trucking (JCT). 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.. You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. We have the right trucks, the right freight, and the right people. (Oklahoma Class Period). The plaintiff bears the burden of satisfying the first two prongs of the test. 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. Manner of Service: email. Personal Jurisdiction. First name. 2d 204, 213 (W.D.N.Y. The DM speaks to their Drivers poorly and use profanity. . July 12, 2013). Huddleston does not allege that he was prevented from reading the IOCA, misled about the effect of the forum-selection clause, or that the clause was fraudulently inserted without his knowledge. 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. Overall. Hirschbach Motor Lines on Feb. 16 announced that it will acquire Sapulpa, Okla.-based refrigerated carrier John Christner Trucking. Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). As such, the argument regarding fraud and overreaching fails. 1 : UPS Inc. 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. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1080 (9th Cir. Contact Who is John Christner Trucking, LLC Headquarters 19007 W Hwy 33, Sapulpa, Oklahoma, 74067, United States Phone Number (918) 227-1600 Website www.johnchristner.com Revenue $246.4M Industry Freight & Logistics Services Transportation 2005) (collecting cases from various federal courts of appeals). 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. Huddleston has submitted an affidavit outlining the "prohibitive" financial hardship associated with litigating this case in Oklahoma, Huddleston Decl. 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 Va. Apr. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. [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. Huddleston I, slip. 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. International Shoe Co. v. Washington, 326 U.S. 310, 318 (1945). 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." The combined revenue of both companies will surpass $1 billion and propel . John Christner Trucking has 500 employees. FLSA Collective Members All current and former individuals who provide(d) transportation services for Defendant within the United States, between May 1, 2015 and June 21, 2022. b. Holliday, 2010 WL 3910143, at *3-*4. Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. 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. Pros. C. 28 U.S.C. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], [10817921] Docketing statement filed by Thomas Huddleston. 2006)). The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. (citing Holliday, 2010 WL 3910143, at *4). An award-winning journalist and former assistant news editor at The Topeka Capital-Journal, he brings fresh ideas, solid reporting skills, and more than two decades of journalism experience to our staff. 2015). [21-5025] [Entered: 03/24/2021 02:58 PM], Docket[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. Manetti-Farrow, Inc. v. Gucci Am., Inc., 858 F.2d 509, 513 (9th Cir. 2021-11-03, U.S. District Courts | Personal Injury | Gulf Ins. Levine v. Entrust Grp., Inc., No. 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. The settlement administrator will notify you of the decision on the dispute. Apr. Manner of Service: email. Id. "Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin." 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 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." CERT. 10. It also does not have any employees in California except one individual who works from his home in Fresno to arrange the transportation of customer freight. 12-CV-06133-LHK, 2014 WL 3962647, at *4 (N.D. Cal. at 581. 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. This language has broad reach, and because Huddleston's claims concern the relationship created by the ICOA, which created the working relationship between the parties, his claims fall within the scope of the forum-selection clause. Thumbnails Document Outline Attachments Layers. Id. Served on 03/24/2021. 2006). at 319. Each Class Participant (as described in Section 3) will receive a pro rata share of the Net Settlement Amount based on settlement shares assigned to them as described below. The purposeful-direction requirement is satisfied. LaCross v. Knight Transportation, Inc., 95 F. Supp. Response date set to 04/14/2021 for Carolyn H. Cottrell. The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. See also Narayan, 616 F.3d at 899; Quinonez v. Empire Today, LLC, No. 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. John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. You do not take home any money. JCT has not met its burden of showing that this Court's exercise of specific jurisdiction would be unreasonable. Updated May 4, 2022. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. 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. 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. CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. The trucking company also contended that the state labor laws in Oklahoma, not California, govern the alleged employment relationship between Huddleston and John Christner Trucking. "We are impressed with the customized technical . IT IS SO ORDERED. 3d at 1206 n.5 (holding that a representative PAGA claim could be litigated in Arizona federal courts); see also id. Id. 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. Served on 04/27/2021. JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. at 581. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] This factor does not weigh against transfer. 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.
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