Hirschbach Motor Lines recently agreed to acquire John Christner Trucking (JCT), a refrigerated carrier based in Sapulpa, Oklahoma. 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. 28 U.S.C 1404(a) provides that "[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." b. A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." The purposeful-direction requirement is satisfied. [21-5025] [Entered: 04/14/2021 04:21 PM], Docket[10817932] Minute order filed - Transcript order form due 04/08/2021 for Brian Neil, Court Reporter. "As a general matter, California courts will enforce adequate forum selection clauses that apply to non-waivable statutory claims, because such clauses do[ ] not waive the claims, they simply submit their resolution to another forum." Huddleston v. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. 7. [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. With combined revenues expected to exceed $1 billion annually, the reefer conglomerate will operate more than 3,000 trucks and . 801, et seq. 2009) (called into question on other grounds by Narayan v. EGL, Inc., 616 F.3d 895, 899, 904 (9th Cir. How will the Attorneys for the Class Members be paid? Id. Co., Inc. v. U.S. Dist. ***TIDBIT TUESDAY*** QualComm Message Reinder: Every Friday around 10:00 am you receive a message from the driver settlement department on your qual comm. Va. Apr. Response date set to 04/14/2021 for Carolyn H. Cottrell. 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." JCT has not met its burden of showing that this Court's exercise of specific jurisdiction would be unreasonable. LaCross, 95 F. Supp. 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." 1993) holding modified by Yahoo! 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. Thread Status: Not open for further replies. ECF No. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. at 18. This factor does not weigh against transfer. Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding. 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. Id. 752, et seq. John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. Opp. 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. Id. [21-5025] [Entered: 03/15/2021 11:58 AM], Docket[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. The "only issue" before the Supreme Court in Waffle House was "whether the fact that [an employee] has signed a mandatory arbitration agreement limits the remedies available to the EEOC." Atl. The 19 causes of action in the lawsuit: Cal. "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." When a case concerns enforcement of a forum-selection clause, 1404(a) provides a mechanism for its enforcement and "a proper application of section 1404(a) requires that a forum-selection clause be given controlling weight in all but the most exceptional cases." 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 Manner of Service: email. 5:20-CV-00915 | 2020-09-11, U.S. Courts Of Appeals | Civil Right | The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. at 298. 5). NEW! The Ninth Circuit has established a three-prong test for analyzing a claim of specific personal jurisdiction: (i) the defendant must have purposefully availed itself "of the privilege of conducting activities in the forum, thereby invoking the benefits and protections of its laws"; (ii) the cause of action must "arise[] out of or relate[] to the defendant's forum-related activities"; and (iii) "the exercise of jurisdiction must comport with fair play and substantial justice, i.e. Line, Inc. v. Wartsila N. 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. 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. 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." Feb 17, 2022. Don't miss out on our weekly happenings within our company! UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 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. 9. Your decision as to whether or not to participate in this Settlement will in no way affect your work or relationship with Defendant or future work or relationship with Defendant. 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."). at 11-12. 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. This factor does not weigh in favor of a finding of unreasonableness. 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 [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. 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. "The scope of the claims governed by a forum selection clause depends [upon] the language used in the clause." 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. Now as a fleet of over 800 trucks, John has had the support of many throughout the years, including his two sons Danny & Darryl. Enforceability Of Forum-Selection Clause. This website is designed and maintained by the Settlement Administrator for the lawsuit known as Huddleston v. John Christner Trucking, LLC . 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 Court concludes that the forum selection clause of the ICOA is valid and enforceable. 20-6072 | 2020-05-21. 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. Personal Jurisdiction. 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. Id. If at the conclusion of the 180-day void period, there are any uncashed checks, the settlement administrator will redistribute those monies to Class Participants who did cash their checks. Parts Coordinator. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], [10825412] Filed notice record is complete. My experience working at John Christner Trucking was a good experience. 12 ("Reply"). Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. . Marcotte v. Micros Sys., Inc., No. See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. . Co., 417 F.3d at 357. While the Court is sensitive to the potential financial strain involved in litigating this case in Oklahoma, serving as the named plaintiff in a class action is unlikely to carry with it the requirement that Huddleston travel to Oklahoma with much frequency, and Huddleston has failed to explain why litigating in Oklahoma would require substantially more time away from work than litigating in California such that he would be denied the ability to bring the case. According to Crowley, JCT does not own or lease any property in California, except for one drop yard it leases in Colton, California. at 13-14 (emphasis in original). Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. JCT keeps all company records at its Oklahoma headquarters and dispatches drivers from there. This class action case was initiated by Robert Boulter and co-counsel in 2017 on behalf of driver Thomas Huddleston against Oklahoma based trucking giant John Christner Trucking (JCT) and arises out of its lease purchase program. John Christner Trucking Case Summary On 03/11/2021 Huddleston filed a Labor - Labor Standard lawsuit against John Christner Trucking. 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. (Oklahoma Class Period). Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. Cal. One (1) settlement share for each FLSA Workweek. Under the general venue statute, a civil action may be brought in: (1) a judicial district in which any defendant resides, if all defendants are residents of the state in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action. According to court documents, John Christner Trucking is a for-hire motor carrier that provides trucking services nationwide and relies, in part, on drivers who operate trucks leased from its company, Three Diamond Leasing. 4:21-CV-00132 | 2021-03-24, U.S. District Courts | Other | "For a party to escape a forum selection clause on the grounds of fraud, it must show that 'the inclusion of that clause in the contract was the product of fraud or coercion.'" First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. Hirschbach acquiring John Christner Trucking, creating reefer giant. The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. INTRODUCTION Farm Credit W., PCA v. Lanting, No. [Please open the Notice for important information.] CERT. Company Snapshot JOHN CHRISTNER TRUCKING LLC USDOT Number: 273897 Other Information for this Carrier SMS Results Licensing & Insurance ID/Operations | Inspections/Crashes In US | Inspections/Crashes In Canada | Safety Rating 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. 3d at 1206 n.5 (holding that a representative PAGA claim could be litigated in Arizona federal courts); see also id. JCT Media Center. 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." When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. In a state which has more than one judicial district, corporate defendants "shall be deemed to reside in any district within which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate state." 2012). Please do not contact the court. Mahoney v. Depuy Orthopaedics, Inc., No. This message tells you what trips have. Gallo Winery v. Andina Licores S.A., 440 F. Supp. Every dime goes to the truck. Huddleston claims the trucking company misclassifies him and other leasing drivers as independent contractors rather than employees, thus violating a variety of state and federal labor laws.