1 at 18. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. JOHN CHRISTNER TRUCKING, LLC, Defendant. . Lawrence J. O'Neill UNITED STATES CHIEF DISTRICT JUDGE, MEMORANDUM DECISION AND ORDER RE DEFENDANT'S MOTION TO DISMISS FOR LACK OF JURISDICTION, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE (ECF NO. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. [Please open the Notice for important information.] 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. See Gulf Ins. [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. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. The Ninth Circuit has outlined three situations in which enforcement of a forum-selection clause would be unreasonable: "(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." Civ. Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). Category: Trucking Companies. Because the parties' private interests should not be considered, the district court may consider only arguments about public-interest factors. Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. 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. If you fail to keep your address current, you may not receive your Individual Settlement Amount. 8:20-CV-00421 | 2020-10-14, U.S. District Courts | Contract | 1. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. JCT argues that neither general nor specific personal jurisdiction exists here. 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. All Rights Reserved. We have the right trucks, the right freight, and the right people. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. 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 Co., Inc. v. U.S. Dist. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. 12-CV-06133-LHK, 2014 WL 3962647, at *4 (N.D. Cal. However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." The 19 causes of action in the lawsuit: 2012). 1404 and the forum-selection clause. We've also provided a list of contacts should you have any questions. CERT. . John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. 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. The Court disagrees. First name. ***TIDBIT TUESDAY*** QualComm Message Reinder: Every Friday around 10:00 am you receive a message from the driver settlement department on your qual comm. Parts Coordinator. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. Huddleston v. John Christner Trucking, LLC, 1:17-cv-00925-LJO-SAB (E.D. 2014) (citing Murphy, 362 F.3d at 1141). Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. "The party challenging the clause bears a 'heavy burden of proof.'" 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. Report this profile . Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). Cancellation and Refund Policy, Privacy Policy, and A trucker has been awarded $500,000 after being unlawfully detained while making a 2019 delivery in California. Huddleston I, slip. See Fed. Rhode Island is appealing a court ruling that ended the states truck-only tolls. 1391. Co, 134 S.Ct. Served on 04/27/2021. Opp. 2004) (internal citation and quotation marks omitted). Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." California's labor laws "are part of a broad regulatory policy defining the obligations" of employers "without regard to the substance of [their] contractual obligations." | All Rights Reserved. Who are the attorneys representing Defendant John Christner Trucking, LLC? 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." 1998). Opp. Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. JCT has not met its burden of showing that this Court's exercise of specific jurisdiction would be unreasonable. A. This factor primarily concerns "where the witnesses and the evidence are likely to be located." at 581 n.6 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 241 n.6 (1981) (internal quotation marks omitted)). John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. IT IS SO ORDERED. 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. 9. 21% of John Christner Trucking employees are women, while 79% are men. Yahoo! shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . 2011). Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. at 1125. Richards v. Lloyd's of London, 135 F.3d 1289, 1297 (9th Cir. The case status is Pending - Other Pending. Atl. 2011). Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). (FLSA Collective Period), who (1) entered into an Independent Contractor Operating Agreement with Defendant, (2) entered into a Lease Agreement with either Defendant or Three Diamond Leasing, LLC, (3) were classified as independent contractors, and (4) validly opted in to the FLSA collective on or before February 14, 2020 (FLSA Collective Members). 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. A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. Defendant is represented by the following attorneys: Christopher J. Eckhart Angela S. Cash Karen B. Reisinger SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C. John Christner Trucking Just Sold To Hirschbach Trucking 5 Min Ago Grab some Mutha Trucker Gear@ https://theasianmaishow.com/ For information . . at 18. 12 ("Reply"). This matter is now ripe for review and is suitable for disposition without oral argument. Sign up for our weekly newsletter today! Court for W. Dist. Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding. Under California's long-arm statute, courts may exercise personal jurisdiction "on any basis not inconsistent with the Constitution of this state or of the United States." Join to connect John Christner Trucking, LLC. Inc., 223 F.3d 1082, 1088 (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." John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. At John Christner Trucking, our primary focus is on truckload transportation, with an emphasis on temperature controlled products. Preliminary record filed. Fill out the form below to receive a free and confidential initial consultation. 4:21-CV-00132 | 2021-03-24, U.S. District Courts | Other | Also, every "owner-operator" completes an orientation at those headquarters. Here you can view your weekly settlements, insurance and contracts. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. 5:15CV81, 2016 WL 1559176, at *5 (W.D. [21-5025] [Entered: 03/11/2021 03:45 PM]. Discussion in 'Report A BAD Trucking Company Here' started by GipsySoul, Sep 26, 2012. 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. ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. 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. The Court cannot find on this record that honoring the forum-selection clause would mean that Huddleston "will for all practical purposes be deprived of his day in court." [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. Once the plaintiff carries this burden, the defendant must come forward with a "compelling case" that the exercise of jurisdiction would not be reasonable. Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. Served on 03/24/2021. Huddleston has submitted an affidavit outlining the "prohibitive" financial hardship associated with litigating this case in Oklahoma, Huddleston Decl. "); Turner v. Syfan Logistics, Inc., No. Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. 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."). 74] of the defendant, John Christner Trucking, LLC ("JCT"). 897 F.2d 377, 385 (9th Cir. For tax reporting purposes, all Individual Settlement Amounts will be reported on an U.S. Internal Revenue Service (IRS) 1099 Form. DECLARATION OF KAREN BUTLER REISINGER RE DEFENDANT'S CLASS ACTION FAIRNESS ACT SETTLEMENT NOTICE by John Christner Trucking, LLC (With attachments) (Reisinger, Karen) [21-5025] [Entered: 04/19/2021 04:25 PM], [10822480] Attorney Ms. Michelle S. Lim for Thomas Huddleston admitted to the bar of this court. 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." "'Overreaching' is a ground 'short of fraud,' and a mere showing of 'non-negotiability and power difference' does not render a forum selection clause unenforceable." 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. it must be reasonable." The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. The touchstone for asserting specific jurisdiction over a nonresident defendant is "the relationship among the defendant, the forum, and the litigation." You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. Understand also that this is a lease. 2004). B. Venue, Federal Rule of Civil Procedure 12(b)(3) authorizes motions to dismiss for improper venue. 2015); Robles, 2015 WL 1530510, at *4. JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. A review of the distirct court docket shows transcripts ordered were already on file. This factor does not weigh against transfer. at 8. See 28 U.S.C. Apply today. See, e.g., Brandi v. Belger Cartage Serv., Inc., 842 F. Supp. . Sixth, a California forum is important to Huddleston's interest in convenient relief, since he is a resident of and works in this forum and has averred that traveling to Oklahoma to litigate this case would present a burden. The general rule is that each plaintiff in a class action must individually satisfy venue, so the venue determination is "based on the plaintiffs in the class actionnot absent class members." [a] forum [selection] clause should control absent a strong showing that it should be set aside."
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