at 319. JCT argues that the centerpiece of Huddleston's complaint is the Fair Labor Standards Act ("FLSA"), which set nationwide standards, and because Huddleston performed long-haul truck-driving services throughout the country, the FLSA claims "could have arisen whether he was a resident of California, Connecticut, Colorado, or any other state in the country." Manner of Service: email. Proc. The failure to submit a written objection as a prerequisite to appearing in court to object to the settlement may be excused upon a showing of good cause. Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). 2021-11-03, U.S. District Courts | Personal Injury | M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972). Arising Out Of Forum-Related Activities. We've also provided a list of contacts should you have any questions. Huddleston seeks to represent other "owner-operators" in a collective action under the Fair Labor Standards Act ("FLSA") and class actions under California and Oklahoma law. Seventh, Oklahoma is available as an alternative forum. Defendant is represented by the following attorneys: Christopher J. EckhartAngela S. CashKaren B. ReisingerSCOPELITIS, GARVIN, LIGHT,HANSON & FEARY, P.C.10 West Market Street, Suite 1400Indianapolis, IN 46204Telephone: (317) 637-1777Facsimile: (317) 687-2414, Bobby L. Latham, Jr.James L. ColvinLATHAM WAGNER STEELE LEHMAN1515E. [21-5025] [Entered: 03/15/2021 12:17 PM], Docket[10815131] Admissions letter sent. 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." Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. at 581-82. [21-5025] [Entered: 04/14/2021 04:21 PM], [10817932] Minute order filed - Transcript order form due 04/08/2021 for Brian Neil, Court Reporter. 897 F.2d 377, 385 (9th Cir. CERT. 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. This is an estimate of what your fixed expenses and variable expenses may be. This field is for validation purposes and should be left unchanged. [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. Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse. Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." Manner of Service: email. 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. 2d 204, 213 (W.D.N.Y. So basically they give you older trucks with almost 500k miles. 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. As a part of this settlement, Defendant has also agreed to release Class Members that are former drivers as of the date of final approval from all known and unknown monetary claims. at 17. Huddleston argues that just as the EEOC was not bound by an agreement to which it was not a party, the PAGA claims here belong to the state of California and therefore fall outside the ambit of the forum-selection clause. Atl. 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. July 12, 2013). 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"). Case information including a copy of the complaint can be found here . 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." Hirschbach, based in Dubuque, Iowa, is a privately owned carrier . 3d at 1207 n.6. ICOA 23. at 297. Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). 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. at 581. Certificate of Interested Parties: Yes. . How will the Attorneys for the Class Members be paid? Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. Id. 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. . Hirschbach Motor Lines today announced the completion of the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. 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 Apr. . Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. 4:17-CV-06257 | 2017-10-29, U.S. District Courts | Personal Injury | John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. 12. If you wish to object to the Settlement but fail to return your timely written objection in the manner specified above, you shall be deemed to have waived any objection and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement. Co., Inc. v. U.S. Dist. If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. (California Class 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, and (3) were classified as independent contractors. 410.10 (2004). Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). 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." The organization will now operate over . Huddleston I, slip. 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. 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. Perry, 2011 WL 4080625, at *5. The postmark date of mailing to Class Counsel and Defendants counsel shall be the exclusive means for determining that an objection is timely mailed to counsel. 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. "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." If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. Inc., 223 F.3d 1082, 1088 (9th Cir. 5:20-CV-00915 | 2020-09-11, U.S. Courts Of Appeals | Civil Right | For the precise terms and conditions of the Settlement, please see the Joint Stipulation of Settlement and Release of Class and Collective Action available in the documents section of this website, contact Class Counsel toll-free at (800) 689-0024, or access the Court docket in this case, for a fee, through the Courts Public Access to Court Electronic Records (PACER) system at https://ecf.oknd.uscourts.gov/. Why one international organization is joining the fight. Last name. Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. 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"). CV 05-4928-NM EX, 2006 WL 8074721, at *3 (C.D. Compare Gonzalez v. Crete Carrier, Consequently, when evaluating a 1404(a) motion based on a forum-selection clause, a court should transfer, Full title:THOMAS HUDDLESTON, individually and on behalf of all others similarly, Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, In Huddleston, Chief Judge O'Neill of this district confronted a materially identical clause: "This Agreement shall be interpreted in accordance with, and governed by the laws of the United States and, of the State of Oklahoma.". Cases involving labor standard violations, Fair Labor Standards Act (FLSA) - 29 USC 201, [10826612] On the court's own motion and pursuant to 10th Cir. 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. Richards v. Lloyd's of London, 135 F.3d 1289, 1297 (9th Cir. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Objections shall only be considered if the Class Member has not opted out of the Settlement. 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. Id. Marine Const. This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. at 11-12. Driver Resources | John Christner Trucking Driver Resources Welcome JCT Drivers This page is dedicated to keeping you up to date with the latest JCT info. Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. 2015); Robles, 2015 WL 1530510, at *4. The test's first prong encompasses both purposeful direction and purposeful availment. M/S Bremen, 407 U.S. at 18. 4:2017cv00549 - Document 76 (N.D. Okla. 2018) Court Description: OPINION AND ORDER by Chief Judge Gregory K Frizzell (Miscellaneous deadline: 5/8/2018) ; granting in part and denying in part 58 Motion for Collective Action Certification (kjp, Dpty Clk) Download PDF The forum-selection clause, by contrast, states more broadly that "any claim or dispute arising from or in connection with this agreement, whether under federal, state, local, or foreign law . Weekly Settlement Deduction with JCT (John Christner Trucking) 4,877 views Jan 20, 2020 64 Dislike Share Save Trucking with Miss Tee 1.95K subscribers Deduction that will come out of your. 1999), or that it is the "best" venue. 10-1, Huddleston Decl. 2011). 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. at 13-14 (emphasis in original). 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. 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. England Case $37,800,000 Settlement Concluded; Refusal to Drive Unsafe Truck - Driver Awarded $55k; Franchisor's Non-competition Injunction Denied. Served on 04/27/2021. "No one factor is dispositive; a court must balance all seven." 5 ("Mot."). A federal judge in Oklahoma approved separate class certifications for more than 3,000 truck drivers in a misclassification lawsuit against John Christner Trucking. COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. As it is his burden to show the public interest factors weigh in his favor, he has failed to meet his burden as to this public interest factor. Marcotte v. Micros Sys., Inc., No. Id. OF INTERESTED PARTIES: y. 4:21-CV-00132 | 2021-03-24, U.S. District Courts | Other | at 1125. The state of California may have an interest in the outcome of this dispute, but that interest is not so overwhelming or unusual that this should be an exception to the general rule that a valid forum-selection clause should be honored. All current and former individuals who provide transportation services for John Christner Trucking within the United States, who entered into an independent contractor operator agreement with JCT and entered into a lease agreement with either JCT or Three Diamond Leasing. There is nothing to indicate that the provision was the product of undue influence or overreaching. Iowa-based Hirschbach Motor Lines has acquired John Christner Trucking, a refrigerated carrier based in Sapulpa. It also leases "drop yards" in locations throughout the United States, which are used for parking and staging trailers. Silver Valley Partners, LLC v. De Motte, 400 F. Supp. The plaintiff need only make a prima facie showing of jurisdiction to defeat the motion to dismiss, but "may not simply rest on the bare allegations of the complaint." John Christner Trucking We've Got The Drive You Need Apply Now Search Driver Jobs Search Office Jobs Driver Verification Integrity, Dependability, Stewardship We live by our core values and pride ourselves on the foundation that has been built for over three generations. Schedule Monday - Friday 1:30pm - 10:30pm. (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . We have the right trucks, the right freight, and the right people. Manner of Service: email. The Oklahoma class, specifically, claimed that the trucking companys marketing practices violated the Oklahoma Consumer Protection Act and the Oklahoma Business Opportunity Sales Act. at 20. In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations.