12, which he asserts is substantial enough that he "may not be able to maintain his claim if forced to do so in Oklahoma," Opp. John Christner Trucking, L.L.C. (Text Only - No Attachment). It also does not have any employees in California except one individual who works from his home in Fresno to arrange the transportation of customer freight. 3d 1199, 1206 n.4 (C.D. Manner of Service: email. Id. John Christner Trucking Dec 2010 - Jun 2013 2 years 7 months Invoiced customers for our service, large and small based upon their requests and requirements and on a timely basis. Perry, 2011 WL 4080625, at *5. Narayan, 616 F.3d at 897; see also id. Atl. 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. While the Court is sensitive to the potential financial strain involved in litigating this case in Oklahoma, serving as the named plaintiff in a class action is unlikely to carry with it the requirement that Huddleston travel to Oklahoma with much frequency, and Huddleston has failed to explain why litigating in Oklahoma would require substantially more time away from work than litigating in California such that he would be denied the ability to bring the case. Popular Searches. 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." P. 4(k)(1)(A). The organization will now operate over . 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. In essence, the lawsuit alleges JCT made false representations about its lease purchase program and concealed material facts. (Filing fee $ 400, receipt number 0972-7154708) (Attachments: # 1 Civil Cover Sheet) (Cottrell, Carolyn) [Transferred from California Eastern on 9/28/2017.] A. at 7. Id. Manner of Service: email. Mot. "); Turner v. Syfan Logistics, Inc., No. 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. John Christner Trucking, LLC, No. On average, employees at John Christner Trucking stay with the company for 2.3 years. 21% of John Christner Trucking employees are women, while 79% are men. This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. With combined revenues expected to exceed $1 billion annually, the reefer conglomerate will operate more than 3,000 trucks and . Served on: 03/25/2021. JCT is big enough to offer all you need to be successful but we're small enough to know you by name. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. Line, Inc. v. Wartsila N. The Court disagrees. My experience working at John Christner Trucking was a good experience. 1404 and the forum-selection clause. Id. A trucker has been awarded $500,000 after being unlawfully detained while making a 2019 delivery in California. Marine Const. 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. John Christner Trucking has 500 employees. Plaintiff and Class Participants should consult with their own tax advisors concerning the tax consequences of the Settlement based on their Individual Settlement Amount. The original complaint alleged that truck drivers for John Christner Trucking often worked 70-100 hours per week while being paid less than $500. Second, the forum-selection clause in Ronlake applied only to claims "arising out of" the agreement, narrow language that did not apply to misclassification claims that did not rely on contract interpretation for resolution. RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. Response date set to 04/14/2021 for Michelle S. Lim. 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. 11-cv-2009 (LJO)(MJS), 2012 WL 393614, at *4 (E. D. Cal. 5:15CV81, 2016 WL 1559176, at *5 (W.D. 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. Huddleston I, slip op. 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. OF INTERESTED PARTIES: y. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Tenth Circuit. 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. Mot. Leaked News! JCT's setting employment policies and wages is an "intentional act" that satisfies the first prong, and applying them in the forum state likewise satisfies the third prong. This lawsuit alleges that Defendant improperly classified Class Members as independent contractors instead of as employees, and Class Members were not provided meal and rest breaks, were not compensated for all hours worked, were not paid minimum wage, were not paid all wages due upon termination, were not provided timely and compliant itemized wage statements, were not reimbursed for necessary business expenses, and were subject to unfair business practices. # 9). If you fail to keep your address current, you may not receive your Individual Settlement Amount. The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. This Notice explains your right to share in the monetary proceeds of this Settlement, exclude yourself (opt out) of the Settlement, or object to the Settlement. Hirschbach acquiring John Christner Trucking, creating reefer giant. Reply at 6-8. Huddleston I, slip. CERT. If a defendant challenges the existence of personal jurisdiction, the plaintiff bears the burden of establishing the district court's personal jurisdiction over the defendant. The plaintiff bears the burden of satisfying the first two prongs of the test. 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." We've also provided a list of contacts should you have any questions. Copyright 2023 Land Line Magazine & Land Line Now. Id. John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. Because the state of California is the real party in interest in this "quasi-administrative enforcement action," Huddleston argues, the state has a strong interest in having the case litigated at home. RLM [Entered: 03/12/2021 04:57 PM], [10814509] Civil case docketed. Certificate of Interested Parties: No. Case Details Parties Documents Dockets Case Details Case Number: 21-5025 Filing Date: This prong may be satisfied by "purposeful availment of the privilege of doing business in the forum; by purposeful direction of activities at the forum; or by some combination thereof." See Dole Food Co. v. Watts, 303 F.3d 1104, 1114 (9th Cir. Id. 5 ("Mot."). Under California's long-arm statute, courts may exercise personal jurisdiction "on any basis not inconsistent with the Constitution of this state or of the United States." . For Plaintiff and the FLSA Collective Members (i.e., individuals who previously completed a valid Opt-In Consent Form to join this case), the Released Claims also include any and all claims, known or unknown, under the FLSA, 29 U.S.C. [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. Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. (citing Iskanian for the proposition that representative PAGA claims may be brought in forums other than California state courts). Served on 03/25/2021. Huddleston does not allege that he was prevented from reading the IOCA, misled about the effect of the forum-selection clause, or that the clause was fraudulently inserted without his knowledge. 5-3, Huddleston v. John Christner Trucking, LLC, No. 1998). Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). John Christner Trucking JCT Never lease with this company as long as BA and JM are there. 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. This field is for validation purposes and should be left unchanged. Case information including a copy of the complaint can be found here . Served on 03/24/2021. Your written objection must state whether you will attend the Final Approval Hearing, and your written notice of your intention to appear at the Final Approval Hearing must be filed with the Court and served upon Class Counsel and Defendants counsel on or before Saturday, September 24, 2022. 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 John Christner Trucking Just Sold To Hirschbach Trucking 5 Min Ago Grab some Mutha Trucker Gear@ https://theasianmaishow.com/ For information . 2015). Lease and other payments you end up with about $1000 on 3000 mile wk. 2005) (collecting cases from various federal courts of appeals). In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. john christner trucking Inc. John Christner Trucking. CIVF 07-1321 AWI SMS, 2007 WL 3341389, at *7 (E.D. 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. The combined revenue of both companies will surpass $1 billion and propel . . 1404 And Forum-Selection Clause. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. For the foregoing reasons, the Court GRANTS IN PART Defendant's Motion To Dismiss Or, In The Alternative, To Transfer Venue, and ORDERS this case TRANSFERRED to the Northern District of Oklahoma for all further proceedings. 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.
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