john christner trucking settlement

Copyright 2023 Land Line Magazine & Land Line Now. ECF No. Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. Proc. ICOA 23. John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. Now as a fleet of over 800 trucks, John has had the support of many throughout the years, including his two sons Danny & Darryl. 2004). No money will revert to Defendant. 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. The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. The Court begins its analysis with JCT's challenge to personal jurisdiction. Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. 12. [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. Hirschbach Motor Lines today announced the completion of the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. Rhode Island is appealing a court ruling that ended the states truck-only tolls. Indeed, the list of pick-ups and drop-offs appended as Exhibit B to the Crowley Declaration shows that twelve of the twenty-five loads that JCT assigned to Huddleston had origin or destination points within the state of California. This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. Aug. 13, 2014). Cal. COO John Christner Trucking, LLC . Unless you present convincing evidence proving you worked more workweeks than shown by Defendants records, your Individual Settlement Amount will be determined based on Defendants records. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. Huddleston has submitted no evidence of court congestion particular to Oklahoma as opposed to California. at 11-12. 1993) holding modified by Yahoo! Issued on 04/27/2021. The Court applies federal law to the interpretation and enforcement of a forum-selection clause. Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. 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 Reviews - Glassdoor Case information including a copy of the complaint can be found here . 2007). ECF No. As such, the argument regarding fraud and overreaching fails. 897 F.2d 377, 385 (9th Cir. (10/24/19 Mot hrng & 12/09/20 Sched conf.). 2d 1115, 1126 (E.D. Last year's revenues were $185 million, and the company expects to reach $200 million this year. 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." When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. Management. It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. Los Angeles, LLC, 59 Cal. Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding. 4:17-cv-00549-GKF-CDL). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Manner of Service: email. 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). 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. Core-Vent Corp. v. Nobel Indus. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. See 28 U.S.C. 2005) (collecting cases from various federal courts of appeals). 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. This lawsuit alleges that Defendant improperly classified Class Members as independent contractors instead of as employees, and Class Members were not provided meal and rest breaks, were not compensated for all hours worked, were not paid minimum wage, were not paid all wages due upon termination, were not provided timely and compliant itemized wage statements, were not reimbursed for necessary business expenses, and were subject to unfair business practices. John Christner Trucking Team Truck Jobs | John Christner Trucking [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. JCT also argues for transfer to the Northern District of Oklahoma pursuant to 28 U.S.C. 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. LaCross, 95 F. Supp. Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. 367. Both sides agree that in light of the risks and expenses associated with continued litigation, this Settlement is fair and appropriate under the circumstances, and in the best interests of the Class Members. Id. 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." 21% of John Christner Trucking employees are women, while 79% are men. Manner of Service: email. If you fail to keep your address current, you may not receive your Individual Settlement Amount. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. Id. Marine, 134 S. Ct. at 584. July 12, 2013). 1988). Id. Iskanian v. CLS Transp. 2021-06-11, U.S. Courts Of Appeals | Other | DECLARATION OF KAREN BUTLER REISINGER RE DEFENDANT'S CLASS ACTION FAIRNESS ACT SETTLEMENT NOTICE by John Christner Trucking, LLC (With attachments) (Reisinger, Karen) CERT. . at 581 n.6 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 241 n.6 (1981) (internal quotation marks omitted)). Plaintiff opposed, ECF No. at 8. The purposeful direction test requires satisfaction of all three prongs of the Supreme Court's effects test from Calder v. Jones, 465 U.S. 783, 789-90 (1984). The opinion in Waffle House was fairly narrow and distinguishable from the facts here. CDL Solo and Team Truck Drivers - Hickory, PA - John Christner Trucking 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"). [21-5025] [Entered: 03/15/2021 12:17 PM], Docket[10815131] Admissions letter sent. (Filing fee $ 400, receipt number 0972-7154708) (Attachments: # 1 Civil Cover Sheet) (Cottrell, Carolyn) [Transferred from California Eastern on 9/28/2017.] Manner of Service: email. "No one factor is dispositive; a court must balance all seven." 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."). B. Venue, Federal Rule of Civil Procedure 12(b)(3) authorizes motions to dismiss for improper venue. --------. Served on 04/27/2021. Sign up for our weekly newsletter today! 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 at *3-*4 and thus had broader reach than the choice-of-law provision in the ICOA here. Atlantic Marine Const. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. However, "the Ninth Circuit has rejected the argument that unequal bargaining power is a ground to reject enforcement of a forum selection clause in an employment contract." at 20. JCT Variable Lease ECF No. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. Certificate of Interested Parties: Yes. 2002). John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. LaCross v. Knight Transportation, Inc., 95 F. Supp. Huddleston v. John Christner Trucking, LLC Thread Status: Not open for further replies. The classes consist of more than 3,000 truck drivers in the California Work Class and the Oklahoma class. Rowen v. Soundview Commc'ns, Inc., No. 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. 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. 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. And the best part of all, documents in their CrowdSourced Library are FREE! Served on 04/27/2021. The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. The Court disagrees. Following redistribution, any unclaimed monies will be paid to Legal Services Corporation. Where a forum-selection clause uses the phrases "arising under," "arising out of," or similar language, the clause is construed narrowly to cover only disputes "relating to the interpretation and performance of the contract itself." Huddleston has submitted an affidavit outlining the "prohibitive" financial hardship associated with litigating this case in Oklahoma, Huddleston Decl. 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 proper question is whether the defendant's conduct connects him to the forum in a meaningful way." See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 464 (1985). The 'but for' test preserves the requirement that there be some nexus between the cause of action and the defendant's activities in the forum." RLM [Entered: 03/12/2021 04:57 PM], [10814509] Civil case docketed. OF INTERESTED PARTIES: y. 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. JCT's contacts with California are not mere happenstance resulting from Huddleston's incidental residence in the state independent of JCT's conduct. 11-cv-2009 (LJO)(MJS), 2012 WL 393614, at *4 (E. D. Cal. Our . First name. Huddleston contends that because thirteen of the nineteen causes of action are based on California law, a California federal court will be better equipped to apply California state law than an Oklahoma court would be. 5:16-CV-01221 | 2016-10-21, U.S. District Courts | Intellectual Property | The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. Password (8+ characters) 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 Hirschbach Motor Lines on Feb. 16 announced that it will acquire Sapulpa, Okla.-based refrigerated carrier John Christner Trucking. [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. ***TIDBIT TUESDAY*** QualComm Message Reinder: Every Friday around 10:00 am you receive a message from the driver settlement department on your qual comm. 20-6072 | 2020-05-21. Huddleston v. John Christner Trucking, LLC: ERRATA/CORRECTION (Re: 269 801, et seq. All Rights Reserved. Last name. Full-Time. Huddleston v. John Christner Trucking, LLC - casetext.com 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. at 1138. Still others have found that they are neither tort nor contract claims. JCT contracted with Huddleston (a California resident) to pick up and drop off cargo in California, which is enough to satisfy the test. Hirshbach buys John Christner Trucking, boosts its reefer carrier ranking Instead, the federal circuit courts appear to agree that venue may be proper in multiple districts if a "substantial part" of the underlying events took place in each of those districts. JOHN CHRISTNER TRUCKING, LLC, Defendant. INTRODUCTION 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). P. 4(k)(1)(A). 10-1. The purposeful-direction requirement is satisfied. Gallo Winery v. Andina Licores S.A., 440 F. Supp. JCT will continue to operate as a separate, but highly integrated, company with Danny Christner joining Hirschbach as the president of JCT, according to a statement from Hirschbach. See, e.g., Brandi v. Belger Cartage Serv., Inc., 842 F. Supp. The organization will now operate over . In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. Make your practice more effective and efficient with Casetexts legal research suite. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], [10817929] Acknowledgment of transcript order filed by Thomas Huddleston. JCT does not target any advertising specifically to California and, since at least 2013, only 10- 12% of its total nationwide miles have been logged in California. Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. Job Search | John Christner Trucking at 8. If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. C 12-03959 WHA, 2012 WL 6087399, at *4 (N.D. Cal. Id. 10 ("Opp. Line, Inc. v. Wartsila N. "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.'" Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." John Christner Trucking LLC Sapulpa, OK. Quick Apply. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. John Christner Trucking, LLC, No. I would still be there if I were able to still be there. 1 : UPS Inc. Cancellation and Refund Policy, Privacy Policy, and See Gulf Ins. Dubuque, Iowa-based Hirschbach Motor Lines announced the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. 12 ("Reply"). op. M/S Bremen, 407 U.S. at 18. 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 ; statutory penalties, civil penalties under PAGA, California Labor Code 2699 et seq., all claims for constructive fraud and negligent misrepresentation; and all claims for unjust enrichment (Released Claims). Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir. We can transport your goods at temperatures ranging anywhere from minus 20 degrees Fahrenheit to plus 90 degrees Fahrenheit and hold them at the temperature you specify. 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir.

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