1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. Manner of Service: email. John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. We've also provided a list of contacts should you have any questions. Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. 10-cv-02049 (WHA), 2010 WL 4569873, at *2-3 (N. D. Cal. 2004). 1993) holding modified by Yahoo! 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. The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. 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." Huddleston I, slip op. Inc., 223 F.3d 1082, 1088 (9th Cir. Farm Credit W., PCA v. Lanting, No. The Crowley declaration includes as an exhibit a copy of the "Independent Contractor Operating Agreement" ("ICOA") that Huddleston signed. 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. C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. 206, et seq. . My experience working at John Christner Trucking was a good experience. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. John Christner Trucking, L.L.C. So basically they give you older trucks with almost 500k miles. 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. B. 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. ." Plaintiff bears the burden of showing that venue is proper. Schwarzenegger, 374 F.3d at 805. [Please open the Notice for important information.] 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. 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. 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. "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." 4th 15, 21 (2012) (holding that a lawsuit "to enforce rights arising under the Labor Code benefitting employees but not independent contractors" did not "concern the application or interpretation of the" parties' employment agreements because the "petitioners' rights under the Labor Code are distinct from their contractual rights under the [a]greements"). Court for W. Dist. The original complaint alleged that truck drivers for the Sapulpa, Okla.-based company often worked 70-100 hours per week while being paid less than $500. The ICOA's choice-of-law provision is narrower than the forum-selection clause. JCT keeps all company records at its Oklahoma headquarters and dispatches drivers from there. As such, the argument regarding fraud and overreaching fails. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. 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: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. CIVF 07-1321 AWI SMS, 2007 WL 3341389, at *7 (E.D. Enforceability Of Forum-Selection Clause. john christner trucking Inc. John Christner Trucking. John Christner Trucking - Inc. John Christner Trucking LLC. The lawsuit was filed in 2017. 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. [21-5025] [Entered: 03/15/2021 11:58 AM], [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. JCT's contacts with California are not mere happenstance resulting from Huddleston's incidental residence in the state independent of JCT's conduct. The DM speaks to their Drivers poorly and use profanity. [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. 10-1, Huddleston Decl. 2007). Code Ann. . The combined revenue of both companies will exceed $1. LaCross, 95 F. Supp. In essence, the lawsuit alleges JCT made false representations about its lease purchase program and concealed material facts. John Christner Trucking, LLC, N.D. Oklahoma (Case No. [21-5025] [Entered: 03/11/2021 03:45 PM]. Id. B. Venue, Federal Rule of Civil Procedure 12(b)(3) authorizes motions to dismiss for improper venue. Huddleston Decl. Co., Inc. v. U.S. Dist. Id. 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." Because California's long-arm statute allows the exercise of personal jurisdiction to the full extent permissible under the U.S. Constitution, the question here is whether assertion of personal jurisdiction over JCT comports with the limits imposed by federal due process. Ronlake v. US-Reports, Inc., No. John Christner Trucking Case Summary On 03/11/2021 Huddleston filed a Labor - Labor Standard lawsuit against John Christner Trucking. 2000). [21-5025] [Entered: 03/24/2021 02:58 PM], [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. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Perry, 2011 WL 4080625, at *5. C. Forum-Selection Clause And 28 U.S.C. 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. 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." Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. John Christner Trucking JCT Never lease with this company as long as BA and JM are there. In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. Silver Valley Partners, LLC v. De Motte, 400 F. Supp. Cal. Plaintiff and Class Participants should consult with their own tax advisors concerning the tax consequences of the Settlement based on their Individual Settlement Amount. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). op. John Christner Trucking adds 800 trucks to the Hirschbach fleet. This second prong of the specific jurisdiction test is satisfied if the plaintiff would not have been injured "but for" the defendant's forum-related contacts. Also, every "owner-operator" completes an orientation at those headquarters. John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. John Christner Trucking has 500 employees. 5:20-CV-00915 | 2020-09-11, U.S. Courts Of Appeals | Civil Right | Apr. Id. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Attorney at Scopelitis Garvin Light Hanson & Feary, Attorney at Schneider Wallace Cottrell Konecky, Docket[10826612] On the court's own motion and pursuant to 10th Cir. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. CERT. 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. The clause here is clearly marked; the section header is bolded, and the forum-selection provision is in capital letters. [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. Opp. Served on 03/24/2021. Huddleston v. John Christner Trucking, LLC, 1:17-cv-00925-LJO-SAB (E.D. A federal judge in Oklahoma approved separate class certifications for more than 3,000 truck drivers in a misclassification lawsuit against John Christner Trucking. 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. LaCross, 95 F. Supp. In the context of a motion under Rule 12(b)(3), a court need not accept as true all allegations in the complaint, but may consider facts outside the pleadings. 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. 12, which he asserts is substantial enough that he "may not be able to maintain his claim if forced to do so in Oklahoma," Opp. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. Why one international organization is joining the fight. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. Marine, 134 S. Ct. at 581. at 7. 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. Holliday, 2010 WL 3910143, at *3-*4. M/S Bremen, 407 U.S. at 18. Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. Response date set to 04/14/2021 for Carolyn H. Cottrell. This rating has decreased by -4% over the last 12 months. No money will revert to Defendant. Manner of Service: email. Gulf Ins. CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. The settlement administrator will total the number of settlement shares for all Class Participants; the resulting sum will be divided into the Net Settlement Amount to reach a per share dollar figure. Manner of Service: email. 2010))). Feb 17, 2022. Joint Stipulation of Settlement Agreement and Release of Class and Collective Action, This website is designed and maintained by the Settlement Administrator for thelawsuit known as, Huddleston v. John Christner Trucking, LLC, Joint Stipulation of Settlement and Release of Class and Collective Action, All papers filed by Class Counsel to obtain preliminary and final approval of the Settlement Agreement. 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. John Christner Trucking LLC Sapulpa, OK. Quick Apply. It is well established that the Fourteenth Amendment's Due Process Clause limits the power of a court to exercise jurisdiction over out-of-state defendants who do not consent to jurisdiction. Cal. This website is designed and maintained by the Settlement Administrator for the lawsuit known as Huddleston v. John Christner Trucking, LLC . [21-5025] [Entered: 03/12/2021 05:19 PM], Docket[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. 2004) (internal citation and quotation marks omitted). at 581. Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." Mot. 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." 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. Can Defendant retaliate against me for participating in this Settlement? Manetti-Farrow, Inc. v. Gucci Am., Inc., 858 F.2d 509, 513 (9th Cir. JCT Logistics Team Executive Team VP of Brokerage Operations Cory J. Manzi Direct: 918-347-2370 corymanzi@jctlogistics.com VP of Account Management Dustin Byrd Direct: 918-347-2344 dustinbyrd@jctlogistics.com LEADERSHIP TEAM East Loren Benjar Direct: 918-347-2353 LorenBenjar@jctlogistics.com Central Hilda Aviles Direct: 918-347-2372 International Shoe Co. v. Washington, 326 U.S. 310, 318 (1945). As to the ICOA, he testifies that when he was in Oklahoma for orientation, he was told that the ICOA was nonnegotiable, was told that it was offered on a take-it-or-leave-it basis, and that the forum-selection clause and its effects were never explained to him. Pros. And the best part of all, documents in their CrowdSourced Library are FREE!