1391(b). Full-Time. at 582. ECF No. at 8. A trucker has been awarded $500,000 after being unlawfully detained while making a 2019 delivery in California. R. Civ. This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. Feb 17, 2022. John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. 4:17-cv-00549-GKF-CDL). Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. 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. Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. 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. Id. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). at 6-7 (N.D. Cal. Cancellation and Refund Policy, Privacy Policy, and Last name. Huddleston Decl. 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. at 1125. 2004) (internal citation and quotation marks omitted). Report this profile . JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. JCT has not met its burden of showing that this Court's exercise of specific jurisdiction would be unreasonable. A federal judge in Oklahoma approved separate class certifications for more than 3,000 truck drivers in a misclassification lawsuit against John Christner Trucking. Being primarily a FLSA case, JCT contends, "[i]t cannot be said that JCT's California operations made the FLSA claim (or Oklahoma state claims) uniquely possible." Any and all claims, demands, causes of action, charges, and grievances, of whatever kind or nature, whether known or unknown, suspected or unsuspected, which Plaintiff and the Class Members now own or hold or have at any time before the Effective Date owned or held against Defendant or any of the Released Parties and which arose out of, are in any way connected to, or that were made or could have been made based on the facts, theories, and claims pled in Plaintiffs Class and Collective Action Complaint (Complaint). 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"). Sign up for our weekly newsletter today! Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. (10/24/19 Mot hrng & 12/09/20 Sched conf.). [21-5023, 21-5025] [Entered: 03/25/2021 08:56 AM], [10817559] Entry of appearance filed by Adam Carl Smedstad, James Anthony Eckhart, Mrs. Angela Stemle Cashand Christopher Eckhart for John Christner Trucking, LLC. Select SOLO DRIVER or TEAM DRIVER. . Seventh, Oklahoma is available as an alternative forum. Plaintiff opposed, ECF No. at 11-12. In EEOC v. Waffle House, Inc., 534 U.S. 279 (2002), the Supreme Court held that a governmental agency was not bound by an employee's arbitration agreement such that it was barred from pursuing judicial relief in an enforcement action. Certificate of Interested Parties: Yes. Cal. 4:17-cv-00549-GKF-CDL). Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." Huddleston alleges in the Complaint that he "would regularly engage in JCT's business in various locations within this judicial district, including but not limited to Fresno, Stockton, Tulare, Newman, Turlock, Modesto, Merced, Madera, and Livingston." The per share dollar figure will then be multiplied by each Class Participants total number of settlement shares to determine the Class Participants pro rata share of the Net Settlement Amount. A review of the distirct court docket shows transcripts ordered were already on file. 367. 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. at *4. Certificate of Interested Parties: No. A review of the distirct court docket shows transcripts ordered were already on file. Join Our Community Today! I would still be there if I were able to still be there. 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). Id. 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. shall be governed by the provisions of the law in New York." 10-1. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1073 (9th Cir. 10. 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. OF INTERESTED PARTIES: n. Served on 03/12/2021. Id. The case status is Pending - Other Pending. Thus, this factor is not at issue. 2000). ECF No. Click UPDATE at the bottom of the calculator. 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. DATE RECEIVED: 03/11/2021. [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. 2010))). M/S Bremen, 407 U.S. at 18. It is unlawful for Defendant to take any adverse action against you as a result of your participation in this Settlement. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. If you are a Class Member, you may be entitled to receive money from a Settlement in this case, as described below. Farm Credit W., PCA v. Lanting, No. John Christner Trucking JCT Never lease with this company as long as BA and JM are there. 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. John Christner Trucking 19007 W Hwy 33 Internet United States of America. John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . 5:15CV81, 2016 WL 1559176, at *5 (W.D. You pay about $1000 week for lease with good miles. Mot. The DM speaks to their Drivers poorly and use profanity. 1404. The plaintiff bears the burden of satisfying the first two prongs of the test. See Dole Food Co. v. Watts, 303 F.3d 1104, 1114 (9th Cir. b. 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. 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 . CERT. 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. Any disputes must be postmarked by Saturday, September 24, 2022, and should be mailed to Huddleston v. JCT Settlement Administrator, P.O. John Christner Trucking - Inc. John Christner Trucking LLC. This second prong of the specific jurisdiction test is satisfied if the plaintiff would not have been injured "but for" the defendant's forum-related contacts. 2006). Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. Category: Trucking Companies. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. 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. 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. Huddleston I, slip op. First name. LaCross v. Knight Transportation, Inc., 95 F. Supp. 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. Apply today. 1:11-CV-02009 LJO, 2012 WL 393614, at *3-4 (E.D. Once the plaintiff carries this burden, the defendant must come forward with a "compelling case" that the exercise of jurisdiction would not be reasonable. You will if you sign a lease! 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. [a] forum [selection] clause should control absent a strong showing that it should be set aside." at 13-14 (emphasis in original). Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. 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. Rhode Island is appealing a court ruling that ended the states truck-only tolls. 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. It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. The second, known as "specific jurisdiction," exists where the litigation is derived from obligations that "arise out of or are connected with the [company's] activities within the state." john christner trucking Inc. John Christner Trucking. The Court disagrees. Served on 04/27/2021. 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.
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