Manner of Service: email. John Christner Trucking - Inc. John Christner Trucking LLC. "); Turner v. Syfan Logistics, Inc., No. Id. 5) I. "The scope of the claims governed by a forum selection clause depends [upon] the language used in the clause." 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. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. JCT is big enough to offer all you need to be successful but we're small enough to know you by name. Bancroft & Masters, Inc. v. Augusta Nat. 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. Response date set to 04/14/2021 for David C. Leimbach. Hirschbach Motor Lines today announced the completion of the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. Have you been screwed by John Christner Trucking yet? This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Tenth Circuit. Password (8+ characters) Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. Who are the attorneys representing Defendant John Christner Trucking, LLC? You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. 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.. You do not have to pay the attorneys who represent the Class Members. . If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. OF INTERESTED PARTIES: y. One (1) settlement share for each FLSA Workweek. The Court has not ruled on the merits of Plaintiffs claims or Defendants defenses. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. gimme fonts 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. While FLSA claims can arise in any state, JCT's decision to hire Huddleston, a California resident, to make pick-ups and drop-offs in California means that his claims arose, at least in part, there. Once the plaintiff carries this burden, the defendant must come forward with a "compelling case" that the exercise of jurisdiction would not be reasonable. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] (citing Carnival Cruise Lines, 499 U.S. at 595. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. 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 . However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." Join to connect John Christner Trucking, LLC. The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. 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 adds 800 trucks to the Hirschbach fleet. 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." 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. If you do not agree with these terms, then do not use our website and/or services. Copyright 2023 Land Line Magazine & Land Line Now. at 581. This field is for validation purposes and should be left unchanged. 752, et seq. . Co, 134 S.Ct. 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. Mot. 10-1. 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. 4:17-CV-06257 | 2017-10-29, U.S. District Courts | Personal Injury | 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. Objections shall only be considered if the Class Member has not opted out of the Settlement. See Fed. 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." "Even though the defendant's headquartersfrom which the challenged policies originatedwere located outside of California, jurisdiction was still proper based on the application of the policies to the company's activities in this state." Last name. 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. Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. Christner Trucking was facing a class-action lawsuit. Id. App. Va. Apr. (Oklahoma Class Period). 1404. 12 ("Reply"). Id. JCT leases facilities in Phoenix, Arizona, and Oklahoma City, Oklahoma. Issued on 04/27/2021. 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | OF INTERESTED PARTIES: n. Served on 03/12/2021. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] Plaintiff opposed, ECF No. 2002). Can Defendant retaliate against me for participating in this Settlement? Certificate of Interested Parties: Yes. "We are impressed with the customized technical . Cal. Rather, "for venue to be proper, significant events or omissions material to the plaintiff's claim must have occurred in the district in question, even if other material events occurred elsewhere." Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. This is an estimate of what your fixed expenses and variable expenses may be. 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 the parties' contract contains a forum selection clause, however, the "calculus changes" and district courts must adjust their usual Section 1404(a) analysis in three ways: (1) the plaintiff's choice of forum merits no weight; (2) arguments about the parties' private interests should not be considered; and (3) a 1404(a) transfer of venue "will not carry with it the original venue's choice-of-law rules." The Crowley declaration includes as an exhibit a copy of the "Independent Contractor Operating Agreement" ("ICOA") that Huddleston signed. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. Nov. 4, 2010); Ronlake v. US-Reports, Inc., No. John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. Thumbnails Document Outline Attachments Layers. [21-5025] [Entered: 04/14/2021 04:21 PM], [10817932] Minute order filed - Transcript order form due 04/08/2021 for Brian Neil, Court Reporter. at 581 n.6 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 241 n.6 (1981) (internal quotation marks omitted)). After deductions of these amounts, what remains of the Gross Settlement Amount, or the Net Settlement Amount, will be available to pay monetary Individual Settlement Amounts to (i) Plaintiff; and (ii) Class Members who do not opt out of the Settlement (collectively, Class Participants). Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. Current Outline Item. 206, et seq. It is thus not Huddleston's personal choice to live in California which drives the jurisdictional analysis, but JCT's choice to dispatch deliveries to and from California which does." Certificate of Interested Parties: No. 12. The forum-selection clause here, as discussed above, uses broader language that does cover claims brought "in connection with" the employment relationship, even if they do not rely on interpretation of the ICOA itself. 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. 12. Narayan, 616 F.3d at 897; see also id. 2011). Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). Attorney Cottrell, Carolyn H. added. Here you can view your weekly settlements, insurance and contracts. Discussion in 'Report A BAD Trucking Company Here' started by GipsySoul, Sep 26, 2012. Click on the links below to download documents related to the Settlement. 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. You will if you sign a lease! The settlement administrator will determine all Individual Settlement Amounts based on Defendants records of the weeks worked by Class Members. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. 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. 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. See Gulf Ins. Served on 03/24/2021. We have the right trucks, the right freight, and the right people. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. 1391 (d). Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. 9. The U.S. Supreme Court has held that forum-selection clauses are presumptively valid and should only be set aside if the party challenging enforcement can "clearly show that enforcement would be unreasonable and unjust." Popular Searches. No money will revert to Defendant. Why one international organization is joining the fight. JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. A review of the distirct court docket shows transcripts ordered were already on file. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. Id. 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 at 297. Arising Out Of Forum-Related Activities. 3:21-CV-01669 | 2021-07-20, Dallas County District Courts | Personal Injury | For tax reporting purposes, all Individual Settlement Amounts will be reported on an U.S. Internal Revenue Service (IRS) 1099 Form. [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). 4:21-CV-00132 | 2021-03-24, U.S. District Courts | Other | 3d 1199, 1207 (C.D. 1990), rev'd on other grounds, 499 U.S. 585 (1991); see also Walden, 134 S. Ct. at 1121 ("For a State to exercise jurisdiction consistent with due process, the defendant's suit-related conduct must create a substantial connection with the forum State."). As it is his burden to show the public interest factors weigh in his favor, he has failed to meet his burden as to this public interest factor. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1073 (9th Cir. 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 lawsuit also claimed that it wasn't uncommon for drivers to receive negative paychecks. [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. 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 Served on 03/24/2021. at 9. This factor primarily concerns "where the witnesses and the evidence are likely to be located." Lease and other payments you end up with about $1000 on 3000 mile wk.
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