john christner trucking settlement
john christner trucking settlement
The clause here is clearly marked; the section header is bolded, and the forum-selection provision is in capital letters. FLSA Collective Members All current and former individuals who provide(d) transportation services for Defendant within the United States, between May 1, 2015 and June 21, 2022. ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. at 294. Id. Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir. Served on 03/24/2021. 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/. 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 July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. John Christner Trucking asked the court to deny certification because Huddleston has failed to demonstrate that Californias wage and hour laws apply to him or any other putative class member.. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1080 (9th Cir. The test's first prong encompasses both purposeful direction and purposeful availment. See Gulf Ins. The Crowley declaration includes as an exhibit a copy of the "Independent Contractor Operating Agreement" ("ICOA") that Huddleston signed. Cal. No further written . Id. Phone: 8003241900. 1998). at 919. Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. I would still be there if I were able to still be there. Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. JCT keeps all company records at its Oklahoma headquarters and dispatches drivers from there. 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. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. . 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. The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. The purposeful-direction requirement is satisfied. This factor primarily concerns "where the witnesses and the evidence are likely to be located." LaCross v. Knight Transportation, Inc., 95 F. Supp. Response date set to 04/14/2021 for Michelle S. Lim. Jag Trucking Inc. Revenue. However, under certain circumstances, public policy considerations may lead to non-enforcement of an otherwise valid forum selection clause: Huddleston argues that enforcement of the forum-selection clause would operate in tandem with the choice-of-law provision to apply Oklahoma law to his claims and "result in a wholesale waiver of all state wage and hour remedies." 4th 348, 394 (2014) (internal quotation marks and citation omitted). --------. Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." Response date set to 04/14/2021 for David C. Leimbach. 206, et seq. "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.'" 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. Seventh, Oklahoma is available as an alternative forum. 1995). Huddleston has also presented a prima facie case under the purposeful availment test. Proc. Parts Coordinator. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. The deal makes Hirschbach one of the nation's largest refrigerated carriers, the news release says, bumping it from sixth on Transport Topics 2021 ranking to second on the list. Scam Internet. See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. Here, in contrast, the forum-selection clause is not limiting any remedies that would otherwise be available to the government or removing the case from the courts completely; instead, it merely "alters which specific court will hear those claims." 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. Opp. Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. Manner of Service: email. Co, 134 S.Ct. 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. While the contracts will likely be used as evidence to prove or disprove the statutory claims, the claims do not arise out of the contract, involve the interpretation of any contract terms, or otherwise require there to be a contract."). The general rule is that each plaintiff in a class action must individually satisfy venue, so the venue determination is "based on the plaintiffs in the class actionnot absent class members." Issued on 04/27/2021. 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. Huddleston "alleges that JCT contracts with California residents and instructs them (and others) to make pick-ups and drop-offs in California. COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. Aug. 13, 2014). (10/24/19 Mot hrng & 12/09/20 Sched conf.). 20-610 | 2020-11-09, U.S. District Courts | Contract | GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. A trucker has been awarded $500,000 after being unlawfully detained while making a 2019 delivery in California. Huddleston claims JCT misclassified its "owner-operators" as independent contractors, rather than employees, and thus violated a variety of state and federal labor laws, including those governing payment of wages, minimum wage, meal and rest breaks, and wage reporting. ECF No. at 1138. Huddleston I, slip op. Leaked News! The most common ethnicity at John Christner Trucking is White (66%), followed by Hispanic or Latino (11%) and Black or African American (10%). ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." . 1391(b). Id. 2005) (collecting cases from various federal courts of appeals). Plaintiff and Class Participants should consult with their own tax advisors concerning the tax consequences of the Settlement based on their Individual Settlement Amount. 2021-11-03, U.S. District Courts | Personal Injury | John Christner Trucking 19007 W Hwy 33 Internet United States of America. Manner of Service: email. Id. 897 F.2d 377, 385 (9th Cir. Certificate of Interested Parties: Yes. Manner of Service: email. . JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. 2d 204, 213 (W.D.N.Y. CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. Last year's revenues were $185 million, and the company expects to reach $200 million this year. 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. 10. You may have received a Notice of Settlement (Notice) because you (1) previously completed a valid Opt-In Consent Form to join this case; or (2) the records of John Christner Trucking, LLC (Defendant) show you qualify as a member of the California Class and/or the Oklahoma Class as defined in Section 3. 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. 21% of John Christner Trucking employees are women, while 79% are men. Served on: 03/25/2021. Served on: 03/25/2021. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. 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. 12. For the foregoing reasons, the Court GRANTS IN PART Defendant's Motion To Dismiss Or, In The Alternative, To Transfer Venue, and ORDERS this case TRANSFERRED to the Northern District of Oklahoma for all further proceedings. DECLARATION OF KAREN BUTLER REISINGER RE DEFENDANT'S CLASS ACTION FAIRNESS ACT SETTLEMENT NOTICE by John Christner Trucking, LLC (With attachments) (Reisinger, Karen) Manner of Service: email. Though only a quarter of the loads with pick-ups or drop-offs in California occurred within the Eastern District, that is enough to satisfy the requirement that a "substantial" portion of the events giving rise to the suit arise in the District, "even if a greater part of the events occurred elsewhere." 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. DATE RECEIVED: 03/11/2021. First, the forum-selection clause in Ronlake provided that the agreement "and all issues regarding the rights and obligations of the Members, the construction, enforcement and interpretation hereof . C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. ECF No. [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. Narayan, 616 F.3d at 897; see also id. John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . Id. Atlantic Marine Const. Id. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding. This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. 5-1, Crowley Decl. "[U]ncontroverted allegations must be taken as true, and conflicts between parties over statements contained in affidavits must be resolved in the plaintiff's favor." So basically they give you older trucks with almost 500k miles. He also asserts that the power differential between himself and JCT, the inability to negotiate the contract, and his lack of advanced formal education all work to render the provision a product of overreaching. However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." 3, 2015). 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. 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." at 581-82. 2011). 2011). "We are proud to partner with WorkAdvance and provide Tulsans with employment opportunities," said Angie Buchanan, vice president of Melton Truck Lines. Served on 04/27/2021. B. Venue. (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets .
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