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 . Id. Scam Internet. Co., 417 F.3d at 357. July 12, 2013). 1404 And Forum-Selection Clause. 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." 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 19 causes of action in the lawsuit: John Christner Trucking adds 800 trucks to the Hirschbach fleet. 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. Plaintiff Thomas Huddleston brings this wage-and-hour putative class action lawsuit against defendant John Christner Trucking, LLC ("JCT"). Deductions from this amount will be made for attorneys fees and costs for Class Counsel (see Section 10 below), settlement administration costs (estimated to be $79,500.00); a service award in an amount not to exceed $25,000.00 to Plaintiff, Thomas Huddleston, for his service to the Class Members, and $75,000.00 to the California Labor and Workforce Development Agency (LWDA), which is 75% of the $100,000.00 the parties allocated to penalties associated with Plaintiffs claim under the California Private Attorneys General Act (PAGA). 12 ("Reply"). 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. 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. 4:17-cv-00549-GKF-CDL). 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." Manner of Service: email. The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . ECF No. 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." The Crowley declaration includes as an exhibit a copy of the "Independent Contractor Operating Agreement" ("ICOA") that Huddleston signed. See Atl. John Christner Trucking insights Based on 104 survey responses Areas for improvement Fair pay for job Trust in colleagues Sense of belonging One of the worst company to work for trcuk driver (Former Employee) - Sapulpa, OK - September 7, 2020 Attention attention avoid this company at all cost. 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 You do not have to pay the attorneys who represent the Class Members. LaCross v. Knight Transportation, Inc., 95 F. Supp. Huddleston asserts that while JCT representatives outlined certain provisions of the ICOA prior to his signing it, he was unaware of the forum-selection clause and its implications. The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. The Court concludes that the forum selection clause of the ICOA is valid and enforceable. 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." 2000). ICOA 23. The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. Marine, 134 S. Ct. at 583. So basically they give you older trucks with almost 500k miles. 21% of John Christner Trucking employees are women, while 79% are men. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. 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." The policies at issue may have their origin in Oklahoma, but JCT's decision to purposefully direct its activities toward California and apply those policies in this forum give rise to specific personal jurisdiction. Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. [21-5025] [Entered: 04/27/2021 08:32 AM], Docket[10823665] Minute order filed - Notice due that record is complete by 04/27/2021 for Mark C. McCartt, Clerk of Court (oclk). "The scope of the claims governed by a forum selection clause depends [upon] the language used in the clause." 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. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. Co., Inc. v. U.S. Dist. Id. John Christner Trucking LLC Sapulpa, OK. Quick Apply. You pay about $1000 week for lease with good miles. [21-5025] [Entered: 03/24/2021 02:58 PM], [10817554] Entry of appearance submitted by Christopher J. Eckhart, Angela S. Cash, James A. Eckhart, Adam C. Smedstad for Appellee John Christner Trucking, LLC for court review. Cal. According to Crowley, JCT does not own or lease any property in California, except for one drop yard it leases in Colton, California. Christner said the company has seen continuous growth over the past two decades. By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. Opp. See Fed. at 581. JCT Media Center. "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." [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. Core-Vent Corp. v. Nobel Indus. Proc. DATE RECEIVED: 03/11/2021. 8. Who are the attorneys representing Plaintiff and the Class Members? This factor does not weigh in favor of a finding of unreasonableness. [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. C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. See also Narayan, 616 F.3d at 899; Quinonez v. Empire Today, LLC, No. [Please open the Notice for important information.] This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. 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." at 24. Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. But after fuel. 2015). The Court will hold a Final Approval Hearing on October 31, 2022 at 10:30 a.m. before the Honorable Gregory K. Frizzell at U.S District Court for the Northern District of Oklahoma. 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. This factor does not weigh against transfer. 2015); Robles, 2015 WL 1530510, at *4. You may also withdraw your objection in writing by mailing a withdrawal statement to the Court and counsel for the parties postmarked no later than Monday, October 17, 2022, orally at the Final Approval Hearing, or as otherwise ordered by the Court. The first, known as "general jurisdiction," exists if the defendant's contacts with the forum are "so substantial and of such a nature as to justify suit against it on causes of action arising from dealings entirely distinct from those activities." This language has broad reach, and because Huddleston's claims concern the relationship created by the ICOA, which created the working relationship between the parties, his claims fall within the scope of the forum-selection clause. LaCross, 95 F. Supp. 1998). Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. Code Ann. Fifth, the question of efficient judicial resolution is neutral. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Attorney at Scopelitis Garvin Light Hanson & Feary, Attorney at Schneider Wallace Cottrell Konecky, Docket[10826612] On the court's own motion and pursuant to 10th Cir. Education funding and standards, certain business incentives, health care and transportation will be the lobbying priorities for the Tulsa Regional Chamber's OneVoice state legislative agenda this . Id. [21-5025] [Entered: 04/27/2021 08:32 AM], [10823665] Minute order filed - Notice due that record is complete by 04/27/2021 for Mark C. McCartt, Clerk of Court (oclk). 206, et seq. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Tenth Circuit. Hirschbach acquiring John Christner Trucking, creating reefer giant. Id. . ; 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). The lawsuit also claimed that it wasn't uncommon for drivers to receive negative paychecks. Mot. Id. Manner of Service: email. 1995). $246.4 M. Employees. 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.
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