Following redistribution, any unclaimed monies will be paid to Legal Services Corporation. I would still be there if I were able to still be there. Media Center | John Christner Trucking 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. Id. July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. John Christner Trucking has 500 employees. Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. John Christner Trucking Team Truck Jobs | John Christner Trucking 1337, 1341-42 (D. Kan. 1994) ("[G]iven the nationwide nature of Professional's transportation brokerage service, it should certainly have foreseen the possibility of litigation arising in a state through which it had arranged for the shipment of goods. John Christner Trucking, LLC ERRATA/CORRECTION (Re: 269 Unopposed MOTION for Preliminary Approval of Class and Collective Action Settlement) by Thomas Huddleston (With attachments) Northern District of Oklahoma, oknd-4:2017-cv-00549. Cal. C 12-03959 WHA, 2012 WL 6087399, at *4 (N.D. Cal. 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."). John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. The deal will form one of the biggest temperature-controlled fleets in the nation at more than 3,000 trucks (800 at JCT), 5,000 trailers and total revenue exceeding $1 billion. This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. Our . at 7. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. Upon the date the Settlement becomes effective (Effective Date), all Class Participants release claims as follows against Defendant, and their present and former parent companies, subsidiaries, divisions, affiliates, successors, predecessors, related companies, and joint ventures, and each of their present and former officers, directors, shareholders, agents, employees, insurers, attorneys, accountants, auditors, advisors, representatives, consultants, administrators, trustees, general and limited partners, predecessors, successors and assigns (collectively, the Released Parties): In addition, all Class Participants expressly waive, as to the Released Claims stated above and based on or arising out of the same factual predicates of the Complaint, running through June 21, 2022, the provisions, rights, and benefits of California Civil Code 1542, which reads: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. Id. The classes consist of more than 3,000 truck drivers in the California Work Class and the Oklahoma class. Arising Out Of Forum-Related Activities. Now as a fleet of over 800 trucks, John has had the support of many throughout the years, including his two sons Danny & Darryl. 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. IT IS SO ORDERED. NEW! It is unlawful for Defendant to take any adverse action against you as a result of your participation in this Settlement. C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. granted the motion for class certification, International group throws support behind Rhode Islands appeal of truck toll verdict, Vehicle weight at issue in overtime lawsuit, Trucker awarded $500K after being unlawfully detained, Former safety manager receives probation for cargo tank conspiracy. ECF No. [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. 74] of the defendant, John Christner Trucking, LLC ("JCT"). Working At John Christner Trucking: Employee Reviews and Culture - Zippia John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . Yahoo, 433 F.3d at 1206; Schwarzenegger, 374 F.3d at 802. You pay about $1000 week for lease with good miles. Yahoo! Full-Time. An award-winning journalist and former assistant news editor at The Topeka Capital-Journal, he brings fresh ideas, solid reporting skills, and more than two decades of journalism experience to our staff. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. ICOA 23. ." 1:11-CV-02009 LJO, 2012 WL 393614, at *3-4 (E.D. Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. Christner Trucking was facing a class-action lawsuit. 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. John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. 4:17-cv-00549-GKF-CDL). Discussion in 'Report A BAD Trucking Company Here' started by GipsySoul, Sep 26, 2012. ; 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). 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. 1988). 3d at 1206 n.5 (holding that a representative PAGA claim could be litigated in Arizona federal courts); see also id. The purposeful-direction requirement is satisfied. Still others have found that they are neither tort nor contract claims. Served on 03/24/2021. John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. He testifies in his declaration that litigating in Oklahoma would impose substantial travel costs, including airfare, rental cars, and hotel stays; that if he were to miss "any significant time away from work," his employer may withhold work or terminate his position entirely; and that being the primary wage-earner means that missed wages may threaten his ability to support his family. 1404 and the forum-selection clause. A federal judge in Oklahoma approved separate class certifications for more than 3,000 truck drivers in a misclassification lawsuit against John Christner Trucking. Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. England Case $37,800,000 Settlement Concluded; Refusal to Drive Unsafe Truck - Driver Awarded $55k; Franchisor's Non-competition Injunction Denied. Co., 417 F.3d at 357. In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. Cal. (citing Carnival Cruise Lines, 499 U.S. at 595. This constitutes some purposeful injection into California and supports the reasonableness of the exercise of personal jurisdiction over JCT. Why one international organization is joining the fight. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. Netherland v. John Christner Trucking, L.L.C. (2:14-cv-00183 3d 1199, 1207 (C.D. Wash. 2005). Id. Certificate of Interested Parties: No. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. 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. Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. (Text Only - No Attachment). Lease and other payments you end up with about $1000 on 3000 mile wk. AB, 11 F.3d 1482, 1489 (9th Cir. None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. 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." SAFER Web - Company Snapshot JOHN CHRISTNER TRUCKING LLC - Transportation RLM [Entered: 03/12/2021 04:57 PM], [10814509] Civil case docketed. Second, the forum-selection clause in Ronlake applied only to claims "arising out of" the agreement, narrow language that did not apply to misclassification claims that did not rely on contract interpretation for resolution. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. 10 ("Opp. Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. ECF No. Preliminary record filed. Manner of Service: email. DATE RECEIVED: 03/11/2021. Rowen v. Soundview Commc'ns, Inc., No. Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. When venue is challenged, the court must determine whether the case falls within one of the three categories set out in the general venue statute, 28 U.S.C. at 581 n.6 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 241 n.6 (1981) (internal quotation marks omitted)). [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. 1404. 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. A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. at *4. This matter is now ripe for review and is suitable for disposition without oral argument. Jag Trucking Inc. Revenue. It also leases "drop yards" in locations throughout the United States, which are used for parking and staging trailers. 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. The trucking company also contended that the state labor laws in Oklahoma, not California, govern the alleged employment relationship between Huddleston and John Christner Trucking. Have you been screwed by John Christner Trucking yet? Co. v. Glasbrenner, 417 F.3d 353, 356 (2d Cir. Purposeful availment is not enough; the claims in this case must also arise out of FCT's contacts with California. Court for W. Dist. Updated May 4, 2022. shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . 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. 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. 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. OF INTERESTED PARTIES: n. Served on 03/12/2021. JOHN CHRISTNER TRUCKING, LLC, Defendant. 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. John Christner Trucking LLC Sapulpa, OK. Quick Apply. 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. Cal. Farm Credit W., PCA v. Lanting, No. 3d at 1207 n.6. Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). Thread Status: Not open for further replies. 2010) ("Whether the Drivers are entitled to [California Labor Code] benefits depends on whether they are employees of [the defendant], which in turn depends on the definition that the otherwise governing lawnot the partiesgives to the term 'employee.' . LaCross, 95 F. Supp. JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. 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.". This factor primarily concerns "where the witnesses and the evidence are likely to be located." If you do not agree with these terms, then do not use our website and/or services. Id. $246.4 M. Employees. Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. 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. Marine Const. 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. This factor does not weigh in favor of a finding of unreasonableness. 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." Can Defendant retaliate against me for participating in this Settlement? Cal. The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. Id. Whether JCT violated the California Labor Code and Wage Orders will be answered not by looking to the ICOA but instead by the statutes and regulations governing Huddleston's claims. # 9). 2007). Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. M/S Bremen, 407 U.S. at 1. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." 2021-11-03, U.S. District Courts | Personal Injury | Huddleston has submitted no evidence of court congestion particular to Oklahoma as opposed to California. Feb 17, 2022. 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 John Christner Trucking JCT Never lease with this company as long as BA and JM are there. Served on 04/27/2021. (internal quotation marks omitted)). Huddleston has presented no case law to support the idea that PAGA cases are exempt from application of forum-selection clauses and has offered no explanation why the Northern District of Oklahoma could not fairly adjudicate these claims. Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. [21-5025] [Entered: 04/14/2021 04:43 PM], Docket[10822463] Attorney Mr. David C. Leimbach for Thomas Huddleston admitted to the bar of this court. at 581. No. (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . Id. Leaked News! John Christner Trucking Just Sold To Hirschbach - YouTube [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. | All Rights Reserved. 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. 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. [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. John Christner Trucking 19007 W Hwy 33 Internet United States of America. 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. Hirschbach to acquire John Christner Trucking - TheTrucker.com . Manner of Service: email. 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 Gulf Ins. JCT keeps all company records at its Oklahoma headquarters and dispatches drivers from there. 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." ROBERTO BALDERRAMA vs. JOHN CHRISTNER TRUCKING, JACQUELINE BRADFORD, Ordosgoitti v. Werner Enterprises, Inc. et al, Chandler et al v. Craters & Freighters Franchise Company, Beissel et al v. Western Flyer Express, LLC, Board of Education of Yukon Oklahoma Public Schools v. SYSCO USA II, LLC, Seay et al v. Oklahoma Board of Dentistry et al, Seay, et al v. Oklahoma Board of Dentistry, et al. 2021-06-11, U.S. Courts Of Appeals | Other | Huddleston v. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. On average, employees at John Christner Trucking stay with the company for 2.3 years. Id. JCT restricts all routes accross I-90 but if driver does not say anything about added miles to avoid JCT WILL NOT Pay them same as using I-70 west of Denver in winter. You do not take home any money. CERT. "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." Last name. John Christner Trucking Reviews - Glassdoor Adjust the GREEN FIELDS below. at 1138. Hirschbach to Acquire John Christner Trucking | Transport Topics COO John Christner Trucking, LLC . 2002). 1y+ OTR Owner Operator - Seattle, WA - R.E. Garrison Trucking, Inc. Hirschbach builds national footprint through M&A (Photo: Hirschbach) Refrigerated carrier Hirschbach announced Wednesday the acquisition of John Christner Trucking (JCT). 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. More than 3,000 truck drivers were involved. Join Our Community Today! 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. Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). The clause here is clearly marked; the section header is bolded, and the forum-selection provision is in capital letters. Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse. . 21% of John Christner Trucking employees are women, while 79% are men. Jct Lease Purchase - Page 1 | TruckingTruth Forum C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. 2014) (citing Murphy, 362 F.3d at 1141). Id. Job Search | John Christner Trucking You make about $3600 per week. 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. Your written objection must state whether you will attend the Final Approval Hearing, and your written notice of your intention to appear at the Final Approval Hearing must be filed with the Court and served upon Class Counsel and Defendants counsel on or before Saturday, September 24, 2022. To be heard at the Final Approval Hearing you must also not opt out of the Settlement. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. 2010))). John Christner Trucking Careers and Employment in US 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. at 20. Sep. 27, 2017). Certificate of Interested Parties: Yes. Cancellation and Refund Policy, Privacy Policy, and . Defendant is represented by the following attorneys: Christopher J. Eckhart Angela S. Cash Karen B. Reisinger SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C. International Shoe Co. v. Washington, 326 U.S. 310, 318 (1945). 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 Huddleston v. John Christner Trucking, LLC, No. 4:2017cv00549 "The party challenging the clause bears a 'heavy burden of proof.'" 2012 WL 393614, at *1 (emphasis supplied). In general, managers at John Christner Trucking are good to work with. This factor does not weigh against transfer. As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. 5:15CV81, 2016 WL 1559176, at *5 (W.D. Every dime goes to the truck. The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. CDL Solo and Team Truck Drivers - Hickory, PA - John Christner Trucking 4th 348, 394 (2014) (internal quotation marks and citation omitted). As such, the Class Participants understand and agree that they are providing the Released Parties with a full and complete release with respect to the Released Claims. (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. The combined revenue of both companies will exceed $1. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. The most common ethnicity at John Christner Trucking is White (66%), followed by Hispanic or Latino (11%) and Black or African American (10%). 2004). 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. The combined revenue of both companies will exceed $1 billion and will propel Hirschbach to be one of the nation's largest refrigerated carriers. 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. CERT. Report this profile . 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." ECF No. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. The party opposing enforcement of the forum selection clause on the grounds of fraud or overreaching "must show that the inclusion of the clause itself into the agreement was improper; it is insufficient to allege that the agreement as a whole was improperly procured." 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.