Because document collection is now mostly an exercise in electronic discovery, the presence of corporate documents in Oklahoma does not weigh heavily in favor of finding that jurisdiction in California would be unreasonable. If you have money saved in your account or money they owe you for loads you have delivered they will pay . 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. Public Records Policy. 1. John Christner Trucking Case Summary On 03/11/2021 Huddleston filed a Labor - Labor Standard lawsuit against John Christner Trucking. This rating has decreased by -4% over the last 12 months. 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. at 6-7 (N.D. Cal. 1406(a), which provides that "[t]he district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought." For-Hire Companies | Transport Topics The general venue statute does not authorize venue in a single district in which the most substantial part of the events or omissions giving rise to the claim occurred. op. Ziegler v. Indian River County, 64 F.3d 470, 475 (9th Cir. 10-1, Huddleston Decl. ECF No. Cases involving labor standard violations, Fair Labor Standards Act (FLSA) - 29 USC 201, [10826612] On the court's own motion and pursuant to 10th Cir. Report this profile . John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by 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. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. (10/24/19 Mot hrng & 12/09/20 Sched conf.). John Christner Trucking LLC Sapulpa, OK. Quick Apply. CERT. Federal Rule of Civil Procedure 12(b)(2) authorizes motions to dismiss for lack of personal jurisdiction. "As a general matter, California courts will enforce adequate forum selection clauses that apply to non-waivable statutory claims, because such clauses do[ ] not waive the claims, they simply submit their resolution to another forum." . 2004). He further testifies that litigating this case in Oklahoma would impose a prohibitive economic hardship on him due to the cost of travel and time away from work, problems that he would not experience if the case were to remain in California. at 1138. John Christner Truck Driver Settlement - Huddleston s. John Christner We have the right trucks, the right freight, and the right people. Classes approved in lawsuit against John Christner Trucking 12 ("Reply"). Specifically, he says that a significant portion of his drop-offs and pick-ups were located in Tulare, Stockton, Fresno, Newman, Turlock, Modesto, Merced, Madera, and Livingston (all located within the Eastern District of California) and that the vast majority of his total driving miles were related to either a pick-up or drop-off in California. ECF No. Certificate of Interested Parties: Yes. The court denied motions for certification to a California resident class and the portion of the Oklahoma class related to the Oklahoma Business Opportunity Sales Act claims. GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." You do not have to pay the attorneys who represent the Class Members. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). Id. [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. A review of the distirct court docket shows transcripts ordered were already on file. 2d 204, 213 (W.D.N.Y. The settlement administrator will total the number of settlement shares for all Class Participants; the resulting sum will be divided into the Net Settlement Amount to reach a per share dollar figure. Attorney Cottrell, Carolyn H. added. 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."). "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." In the event any portion of the Individual Settlement Amounts paid to Plaintiff and Class Participants is ultimately construed by the IRS or any other taxing authority to be taxable income from which taxes should have been withheld, Plaintiff and Class Participants shall pay any and all such taxes, interest, and penalties on the amount they receive. 2015); Robles, 2015 WL 1530510, at *4. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. 2011). You will, have to pay for your own DOT physical and drug screen, your first settlement will be -$111.00(YES NEGATIVE), relay . Christner said the company has seen continuous growth over the past two decades. Id. The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. [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). Please do not contact the court. Narayan, 616 F.3d at 897; see also id. 3, 2015). If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. 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. Click on the links below to download documents related to the Settlement. Hirschbach to acquire John Christner Trucking - TheTrucker.com Fourth, the interest of the forum state is great, because California has a strong interest "in protecting its citizens from the wrongful acts of nonresident defendants." Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. [21-5025] [Entered: 04/14/2021 04:43 PM], Docket[10822463] Attorney Mr. David C. Leimbach for Thomas Huddleston admitted to the bar of this court. 897 F.2d 377, 385 (9th Cir. [21-5025] [Entered: 04/20/2021 09:24 AM], [10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. John Christner Trucking Team Truck Jobs | John Christner Trucking 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. "'[A] party challenging enforcement of a forum selection clause may not base its challenge on choice of law analysis.'" 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." Joint Stipulation of Settlement Agreement and Release of Class and Collective Action, This website is designed and maintained by the Settlement Administrator for thelawsuit known as, Huddleston v. John Christner Trucking, LLC, Joint Stipulation of Settlement and Release of Class and Collective Action, All papers filed by Class Counsel to obtain preliminary and final approval of the Settlement Agreement. JCT argues that neither general nor specific personal jurisdiction exists here. Oct. 5, 2010)); Hernandez v. Martinez, No. 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. Atl. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. John christner trucking settlement It also leases "drop yards" in locations throughout the United States, which are used for parking and staging trailers. Select SOLO DRIVER or TEAM DRIVER. No further written . . 2006)). "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.'" 2004). See also Kia Motors Am., Inc. v. MPA Autoworks, No. 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. This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. 30-31, Ex. --------. Updated May 4, 2022. 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."). Overall. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. Can Defendant retaliate against me for participating in this Settlement? ***TIDBIT TUESDAY*** QualComm Message Reinder: Every Friday around 10:00 am you receive a message from the driver settlement department on your qual comm. 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." Media Center | John Christner Trucking "[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." You pay about $1000 week for lease with good miles. JCT responds that only three of the twenty-five loads that Huddleston performed had pick-ups or deliveries that took place within this district and that in any case, the classification decisions giving rise to this suit took place at JCT's corporate headquarters in Oklahoma and not in California at all. Driver Resources | John Christner Trucking So basically they give you older trucks with almost 500k miles. Manner of Service: email. If you would like additional information or have any non-legal questions, please contact the Huddleston v. JCT Settlement Administrator: Huddleston v. JCT SettlementAdministratorP.O Box 10269Tallahassee, FL 32302-2269 [email protected](855) 458-3918, This website is designed and maintained by the Settlement Administrator for thelawsuit known as Huddleston v. John Christner Trucking, LLC. Have you been screwed by John Christner Trucking yet? Huddleston has submitted no evidence of court congestion particular to Oklahoma as opposed to California. Huddleston has also presented a prima facie case under the purposeful availment test. The settlement administrator will notify you of the decision on the dispute. Jag Trucking Inc. Revenue. ECF No. JCT argues that because it is an Oklahoma corporation that holds its driver orientations in Oklahoma and bases its drivers' compensation on miles traveled nationwide, not merely in California, it "never directed its actions at California," and the second prong is left unsatisfied.