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"The scope of the claims governed by a forum selection clause depends [upon] the language used in the clause." 2011). at 319. Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011). Served on: 03/25/2021. This factor primarily concerns "where the witnesses and the evidence are likely to be located." No further written . "'[A] party challenging enforcement of a forum selection clause may not base its challenge on choice of law analysis.'" Therein, he states that he is a resident of California and that much of his work activity took place in California. 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. The classes consist of more than 3,000 truck drivers in the California Work Class and the Oklahoma class. 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], Docket[10817929] Acknowledgment of transcript order filed by Thomas Huddleston. Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. Cal. Marine, 134 S. Ct. at 583. John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. Opp. Fill out the form below to receive a free and confidential initial consultation. [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. (internal quotation marks omitted)). b. Full-Time. LaCross v. Knight Transportation, Inc., 95 F. Supp. Company Contact Info John Christner Trucking LLC 19007 W Highway 33 Sapulpa, OK 74066 918-227-1600 918-248-3085 Cargo Hauled by John Christner Trucking LLC Fresh Produce General Freight Meat Refrigerated Food "For a party to escape a forum selection clause on the grounds of fraud, it must show that 'the inclusion of that clause in the contract was the product of fraud or coercion.'" C. Forum-Selection Clause And 28 U.S.C. 1 : UPS Inc. JCT was started in 1986 by the John Christner. 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. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. At John Christner Trucking, our primary focus is on truckload transportation, with an emphasis on temperature controlled products. [21-5023, 21-5025] [Entered: 03/25/2021 08:56 AM], Docket[10817559] Entry of appearance filed by Adam Carl Smedstad, James Anthony Eckhart, Mrs. Angela Stemle Cashand Christopher Eckhart for John Christner Trucking, LLC. Schwarzenegger, 374 F.3d at 805. "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." 1995). JOHN CHRISTNER TRUCKING, LLC, Defendant. Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. Hirschbach builds national footprint through M&A (Photo: Hirschbach) Refrigerated carrier Hirschbach announced Wednesday the acquisition of John Christner Trucking (JCT). Response date set to 04/14/2021 for Michelle S. Lim. The touchstone for asserting specific jurisdiction over a nonresident defendant is "the relationship among the defendant, the forum, and the litigation." Parts Coordinator. M/S Bremen, 407 U.S. at 1. Last name. 17-cv-02081-RS ("Huddleston I"), slip op. Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. Manner of Service: email. 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. The Court held that an arbitration agreement to which the EEOC was not a party could not limit the remedies otherwise granted to the EEOC by statute, which not only had the authority to pursue independent actions in court for Title VII violations but, in the context of the suit, also had "exclusive authority over the choice of forum and the prayer for relief once a charge has been filed." Dec. 6, 2012). (10/24/19 Mot hrng & 12/09/20 Sched conf.). Plaintiff Thomas Huddleston brings this wage-and-hour putative class action lawsuit against defendant John Christner Trucking, LLC ("JCT"). Federal judges approved separate class certifications for divers in Oklahoma and California. 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). CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. A forum-selection clause is "not unreasonable merely because of the parties' unequal bargaining power: it is enforceable if there is reasonable communication of the clause." 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 Indeed, the list of pick-ups and drop-offs appended as Exhibit B to the Crowley Declaration shows that twelve of the twenty-five loads that JCT assigned to Huddleston had origin or destination points within the state of California. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Tenth Circuit. 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. Why is this public record being published online? A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." 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. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. John Christner Trucking has 500 employees. 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. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. All current and former individuals who provide transportation services for John Christner Trucking within the United States, who entered into an independent contractor operator agreement with JCT and entered into a lease agreement with either JCT or Three Diamond Leasing. Mot. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] The ICOA's choice-of-law provision is narrower than the forum-selection clause. Opp. 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. 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 [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. 2021-06-11, U.S. Courts Of Appeals | Other | Narayan, 616 F.3d at 899; see Elijahjuan v. Superior Court, 210 Cal. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. "The party challenging the clause bears a 'heavy burden of proof.'" Opp. "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.'" We can transport your goods at temperatures ranging anywhere from minus 20 degrees Fahrenheit to plus 90 degrees Fahrenheit and hold them at the temperature you specify. 2007) (citing Murphy, 362 F.3d at 1141; E.J. In determining whether jurisdiction is reasonable, courts consider seven factors: (1) the extent of a defendant's purposeful interjection into the forum; (2) the burden on the defendant in defending in the forum; (3) the extent of conflict with the sovereignty of the defendant's state; (4) the forum state's interest in adjudicating the dispute; (5) the most efficient judicial resolution of the dispute; (6) the importance of the forum to the plaintiff's interest in convenient and effective relief; and (7) the existence of an alternative forum. Core-Vent Corp. v. Nobel Indus. 5:15CV81, 2016 WL 1559176, at *5 (W.D. 2015). (Oklahoma Class Period). Atlantic Marine Const. In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. Manner of Service: email. A. at 1138. 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. Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. 8:20-CV-00421 | 2020-10-14, U.S. District Courts | Contract | (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . Cal. Why one international organization is joining the fight. 7. RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. 1391(b). JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. 1. Response date set to 04/14/2021 for Michelle S. Lim. This rating has decreased by -4% over the last 12 months. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. 1998) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 518 (1974)) (emphasis in original). Id. If you dispute the number of workweeks as shown on the Notice that was mailed to you, you may produce evidence to the settlement administrator establishing the dates you contend to have worked for Defendant. 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." Jag Trucking Inc. Revenue. 2014) (citing Murphy, 362 F.3d at 1141). 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. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). In support of its motion to dismiss, JCT submits, inter alia, a declaration from Shannon Crowley, Vice President of Risk Management. Phone: 8003241900. Response date set to 04/14/2021 for David C. Leimbach. [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. There is nothing to indicate that the provision was the product of undue influence or overreaching. Rowen v. Soundview Commc'ns, Inc., No. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. Mot. Wash. 2005). Here you can view your weekly settlements, insurance and contracts. TEXT ONLY ORDER: The parties having announced a settlement, they are to submit an agreed order of dismissal to the District Judge on or before 9/1/15. ICOA 23. For tax reporting purposes, all Individual Settlement Amounts will be reported on an U.S. Internal Revenue Service (IRS) 1099 Form. Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. You do not take home any money. This website is designed and maintained by the Settlement Administrator for the lawsuit known as Huddleston v. John Christner Trucking, LLC . [21-5025] [Entered: 03/11/2021 03:45 PM], Dallas County Texas Courts | Personal Injury | IT IS SO ORDERED. Pros. Reply at 3. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. JCT does not target any advertising specifically to California and, since at least 2013, only 10- 12% of its total nationwide miles have been logged in California. Response date set to 04/14/2021 for Carolyn H. Cottrell. There are two kinds of personal jurisdiction that a court may exercise over an out-of-state defendant. Narayan, 616 F.3d at 897; see also id. Plaintiff bears the burden of showing that venue is proper. [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. . 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. [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. First name. 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. Civ. Manner of Service: email. ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. Federal Rule of Civil Procedure 12(b)(2) authorizes motions to dismiss for lack of personal jurisdiction. The Crowley declaration includes as an exhibit a copy of the "Independent Contractor Operating Agreement" ("ICOA") that Huddleston signed. Huddleston I, slip. The Court begins its analysis with JCT's challenge to personal jurisdiction. Iskanian v. CLS Transp. 1995). John Christner Trucking 19007 W Hwy 33 Internet United States of America. 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." Huddleston does not exclusively bring California claims; the Complaint also contains four causes of action under Oklahoma law, and in any case, "federal judges routinely apply the law of a State other than the State in which they sit." Both groups are considered Class Members in this Notice. The Court concludes that the forum selection clause of the ICOA is valid and enforceable. Click on the links below to download documents related to the Settlement. It is well established that the Fourteenth Amendment's Due Process Clause limits the power of a court to exercise jurisdiction over out-of-state defendants who do not consent to jurisdiction. Certificate of Interested Parties: No. Manner of Service: email. ECF No. . ***TIDBIT TUESDAY*** QualComm Message Reinder: Every Friday around 10:00 am you receive a message from the driver settlement department on your qual comm. 2004). Oklahoma Class All current and former individuals who provide(d) transportation services for Defendant within the United States, who (1) entered into an Independent Contractor Operating Agreement with Defendant, and (2) entered into a Lease Agreement with Defendant or Three Diamond Leasing, LLC, from April 12, 2014 to June 21, 2022. According to Crowley, JCT does not own or lease any property in California, except for one drop yard it leases in Colton, California. This message tells you what trips have. 2002). CLAIRE V. EAGAN UNITED STATES DISTRICT JUDGE OPINION AND ORDER Now before the Court is Defendants John Christner Trucking, LLC and Three Diamond Leasing, LLC's Motion to Dismiss and Brief in Support (Dkt. 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 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. Popular Searches. 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. . CV 05-4928-NM EX, 2006 WL 8074721, at *3 (C.D. 5:16-CV-01221 | 2016-10-21, U.S. District Courts | Intellectual Property | 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. 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. With combined revenues expected to exceed $1 billion annually, the reefer conglomerate will operate more than 3,000 trucks and . [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). at 20. Although the ICOA "will likely be used as evidence" to support Huddleston's statutory claims, his "claims do not arise out of the contract, involve the interpretation of any contract terms, or otherwise require there to be a contract" in the first place. Updated May 4, 2022. JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. Enforceability Of Forum-Selection Clause. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. Served on 03/25/2021. Manner of Service: email. 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 The Court applies federal law to the interpretation and enforcement of a forum-selection clause. JCT keeps all company records at its Oklahoma headquarters and dispatches drivers from there. Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse.