The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. See Narayan v. EGL, Inc., 616 F.3d 895, 899 (9th Cir. 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." Huddleston contends that because thirteen of the nineteen causes of action are based on California law, a California federal court will be better equipped to apply California state law than an Oklahoma court would be. Here you can view your weekly settlements, insurance and contracts. In the context of a motion under Rule 12(b)(3), a court need not accept as true all allegations in the complaint, but may consider facts outside the pleadings. at 18. IT IS SO ORDERED. Instead, the federal circuit courts appear to agree that venue may be proper in multiple districts if a "substantial part" of the underlying events took place in each of those districts. Served on 03/12/2021. 5). 1391(b). "The party challenging the clause bears a 'heavy burden of proof.'" John Christner Trucking, LLC, No. This factor primarily concerns "where the witnesses and the evidence are likely to be located." "No one factor is dispositive; a court must balance all seven." [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). None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. A review of the distirct court docket shows transcripts ordered were already on file. 1995). 21% of John Christner Trucking employees are women, while 79% are men. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. [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. 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. Manner of Service: email. Id. The 19 causes of action in the lawsuit: Fill out the form below to receive a free and confidential initial consultation. 1995). When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. Cal. ECF No. On average, employees at John Christner Trucking stay with the company for 2.3 years. at *4. 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. The combined revenue of both companies will exceed $1 billion and will propel Hirschbach to be one of the nation's largest refrigerated carriers. Huddleston I, slip op. "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." Issued on 04/27/2021. The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. 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. John Christner was great at first and then milege saving came to be the normal no matter the load and route drivers lose 100+ miles per load sometimes as high as 200. 1993) holding modified by Yahoo! 10-1, Huddleston Decl. Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], [10817929] Acknowledgment of transcript order filed by Thomas Huddleston. Once the plaintiff carries this burden, the defendant must come forward with a "compelling case" that the exercise of jurisdiction would not be reasonable. | All Rights Reserved. Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011). 74] of the defendant, John Christner Trucking, LLC ("JCT"). 10-1, Huddleston Decl. However, "the Ninth Circuit has rejected the argument that unequal bargaining power is a ground to reject enforcement of a forum selection clause in an employment contract." 1:11-CV-02009 LJO, 2012 WL 393614, at *3-4 (E.D. You make about $3600 per week. COO John Christner Trucking, LLC . Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). DECLARATION OF KAREN BUTLER REISINGER RE DEFENDANT'S CLASS ACTION FAIRNESS ACT SETTLEMENT NOTICE by John Christner Trucking, LLC (With attachments) (Reisinger, Karen) Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. Public-interest "factors will rarely defeat a transfer motion, [meaning that] the practical result is that forum-selection clauses should control except in unusual cases." 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. at 298. ***TIDBIT TUESDAY*** QualComm Message Reinder: Every Friday around 10:00 am you receive a message from the driver settlement department on your qual comm. The Court cannot find on this record that honoring the forum-selection clause would mean that Huddleston "will for all practical purposes be deprived of his day in court." The combined revenue of both companies will surpass $1 billion and propel . 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"). All Rights Reserved. . 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." The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . The ICOA's choice-of-law provision is narrower than the forum-selection clause. (citing Carnival Cruise Lines, 499 U.S. at 595. This is an estimate of what your fixed expenses and variable expenses may be. 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. Cancellation and Refund Policy, Privacy Policy, and Why one international organization is joining the fight. 3:21-CV-01669 | 2021-07-20, Dallas County District Courts | Personal Injury | at 297. (internal quotation marks omitted)). Code Ann. 11-cv-2009 (LJO)(MJS), 2012 WL 393614, at *4 (E. D. Cal. He also asserts that the power differential between himself and JCT, the inability to negotiate the contract, and his lack of advanced formal education all work to render the provision a product of overreaching. 2012). A forum-selection clause may be deemed unreasonable under the following circumstances: (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. Personal Jurisdiction. Id. 5-1, Crowley Decl. Also, every "owner-operator" completes an orientation at those headquarters. "Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin." 12-CV-06133-LHK, 2014 WL 3962647, at *4 (N.D. Cal. CE [Entered: 03/24/2021 02:48 PM], Docket[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." This factor does not weigh against transfer. Id. 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. [21-5025] [Entered: 04/19/2021 04:25 PM], [10822480] Attorney Ms. Michelle S. Lim for Thomas Huddleston admitted to the bar of this court. at 11-12. I would still be there if I were able to still be there. 2d 204, 213 (W.D.N.Y. Password (8+ characters) [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. at 581. Huddleston has also presented a prima facie case under the purposeful availment test. (10/24/19 Mot hrng & 12/09/20 Sched conf.). 410.10 (2004). [21-5025] [Entered: 03/11/2021 03:45 PM], Dallas County Texas Courts | Personal Injury | 4:21-CV-00132 | 2021-03-24, U.S. District Courts | Other | JCT has not met its burden of showing that this Court's exercise of specific jurisdiction would be unreasonable. Click on the links below to download documents related to the Settlement. [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. The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. Cal. Id. (citing Iskanian for the proposition that representative PAGA claims may be brought in forums other than California state courts). How will the Attorneys for the Class Members be paid? "We are impressed with the customized technical . Gallo Winery v. Andina Licores S.A., 440 F. Supp. CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. Served on 04/27/2021. See, e.g., Brandi v. Belger Cartage Serv., Inc., 842 F. Supp. In essence, the lawsuit alleges JCT made false representations about its lease purchase program and concealed material facts. 2006). In 2020, United States District Court Judge Gregory Frizzell certified a nationwide class of drivers for a claim that JCT violated Oklahomas consumer protection law in selling the lease program utilizing alleged misrepresentations and concealing material facts. This rating has decreased by -4% over the last 12 months. John Christner founded JCT in 1986 with only 2 trucks. Because California's long-arm statute allows the exercise of personal jurisdiction to the full extent permissible under the U.S. Constitution, the question here is whether assertion of personal jurisdiction over JCT comports with the limits imposed by federal due process. Class Counsel will file a Motion for Attorneys Fees and Costs with the Court. Cal. A. "We are proud to partner with WorkAdvance and provide Tulsans with employment opportunities," said Angie Buchanan, vice president of Melton Truck Lines. The plaintiff bears the burden of satisfying the first two prongs of the test. [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. Huddleston does not argue that the Court could exercise general jurisdiction over JCT but contends that the Court does have specific jurisdiction over JCT. (Filing fee $ 400, receipt number 0972-7154708) (Attachments: # 1 Civil Cover Sheet) (Cottrell, Carolyn) [Transferred from California Eastern on 9/28/2017.] Third, JCT does not contest that the exercise of jurisdiction would conflict with the sovereignty of Oklahoma, its state of domicile, though the Court notes that the bulk of Huddleston's claims are brought under California state law, and the FLSA analysis will be the same in either California or Oklahoma. 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. at 294. 4:17-CV-06257 | 2017-10-29, U.S. District Courts | Personal Injury | 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. This matter is now ripe for review and is suitable for disposition without oral argument. The Court concludes that the forum selection clause of the ICOA is valid and enforceable. So basically they give you older trucks with almost 500k miles. 0. 1998) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 518 (1974)) (emphasis in original). Every dime goes to the truck. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] Copyright 2023 Land Line Magazine & Land Line Now. b. 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. Cal. In Shute v. Carnival Cruise Lines, the Ninth Circuit reasoned that "[t]he 'but for' test is consistent with the basic function of the 'arising out of requirementit preserves the essential distinction between general and specific jurisdiction. 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. Federal judges approved separate class certifications for divers in Oklahoma and California. When a case concerns enforcement of a forum-selection clause, 1404(a) provides a mechanism for its enforcement and "a proper application of section 1404(a) requires that a forum-selection clause be given controlling weight in all but the most exceptional cases." at *3-*4 and thus had broader reach than the choice-of-law provision in the ICOA here. NEW! ; 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). To do so, send a letter to the settlement administrator explaining the basis for your dispute and attach copies of the supporting evidence. Defendant is represented by the following attorneys: Christopher J. EckhartAngela S. CashKaren B. ReisingerSCOPELITIS, GARVIN, LIGHT,HANSON & FEARY, P.C.10 West Market Street, Suite 1400Indianapolis, IN 46204Telephone: (317) 637-1777Facsimile: (317) 687-2414, Bobby L. Latham, Jr.James L. ColvinLATHAM WAGNER STEELE LEHMAN1515E. Wash. 2005). Manner of Service: email. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Tenth Circuit. 3d at 1206 n.5 (holding that a representative PAGA claim could be litigated in Arizona federal courts); see also 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.