Hirschbach Motor Lines recently agreed to acquire John Christner Trucking (JCT), a refrigerated carrier based in Sapulpa, Oklahoma. [21-5025] [Entered: 03/15/2021 11:58 AM], [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. The Ninth Circuit has outlined three situations in which enforcement of a forum-selection clause would be unreasonable: "(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." [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. We are all in this together. 12. This factor does not weigh in favor of a finding of unreasonableness. 20-610 | 2020-11-09, U.S. District Courts | Contract | This factor primarily concerns "where the witnesses and the evidence are likely to be located." Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. John Christner founded JCT in 1986 with only 2 trucks. [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. GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. 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. Cal. The forum-selection clause here provides that "any claim or dispute arising from or in connection with" the ICOA "shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma." Weekly Settlement Deduction with JCT (John Christner Trucking) 4:21-CV-00132 | 2021-03-24, U.S. District Courts | Other | 801, et seq. 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." Therein, he states that he is a resident of California and that much of his work activity took place in California. JCT will continue to operate as a separate, but highly integrated, company with Danny Christner joining Hirschbach as the president of JCT, according to a statement from Hirschbach. 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." John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. John Christner Trucking LLC (Oklahoma Transport Company) Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. There is nothing to indicate that the provision was the product of undue influence or overreaching. The following persons will be considered Class Members and be eligible to receive an Individual Settlement Amount from the Net Settlement Amount: Plaintiff and persons who meet the requirements of one or more of the following class or collective definitions: California Class All current and former individuals, to the extent they perform(ed) transportation services for Defendant within California from April 12, 2013 to June 21, 2022. Case Details Parties Documents Dockets Case Details Case Number: 21-5025 Filing Date: Can Defendant retaliate against me for participating in this Settlement? Huddleston seeks to represent other "owner-operators" in a collective action under the Fair Labor Standards Act ("FLSA") and class actions under California and Oklahoma law. 10-1. Opp. LaCross, 95 F. Supp. 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. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. See id. 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. On average, employees at John Christner Trucking stay with the company for 2.3 years. 10 ("Opp. ICOA 23. 20-6072 | 2020-05-21. JOHN CHRISTNER TRUCKING - 13 Photos - 19007 W Highway 33 - Yelp [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] The combined revenue of both companies will exceed $1 billion and will propel Hirschbach to be one of the nation's largest refrigerated carriers. gimme fonts 1y+ OTR Owner Operator - Seattle, WA - R.E. Garrison Trucking, Inc. 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. Working At John Christner Trucking: Employee Reviews and Culture - Zippia To calculate your estimated compensation package at JCT: Select OWNER OPERATOR or LEASE PURCHASE. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. "Courts in the Ninth Circuit have generally agreed that the choice-of-law analysis is irrelevant to determining if the enforcement of a forum selection clause contravenes a strong public policy." 1995). 2012 WL 393614, at *1 (emphasis supplied). Mahoney v. Depuy Orthopaedics, Inc., No. Management. 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." 2011). The plaintiff bears the burden of satisfying the first two prongs of the test. Enforceability Of Forum-Selection Clause. 30-31, Ex. 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. Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. This rating has decreased by -4% over the last 12 months. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. 74] of the defendant, John Christner Trucking, LLC ("JCT"). Hirshbach buys John Christner Trucking, boosts its reefer carrier ranking Gulf Ins. 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." . at 581. at *3-*4 and thus had broader reach than the choice-of-law provision in the ICOA here. Silver Valley Partners, LLC v. De Motte, 400 F. Supp. [21-5025] [Entered: 03/11/2021 03:45 PM]. Christner got his start in trucking in the 1960s hauling produce from California and returning to the coast with juice or meat, and this is still the core of what JCT does today. | All Rights Reserved. A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). Code Ann. 2006). 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. [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. John Christner Trucking We've Got The Drive You Need Apply Now Search Driver Jobs Search Office Jobs Driver Verification Integrity, Dependability, Stewardship We live by our core values and pride ourselves on the foundation that has been built for over three generations. Have you been screwed by John Christner Trucking yet? 1404 and the forum-selection clause. 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. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. The case status is Pending - Other Pending. Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011). Yahoo! Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. The most common ethnicity at John Christner Trucking is White (66%), followed by Hispanic or Latino (11%) and Black or African American (10%). Atlantic Marine Const. at 6-7 (N.D. Cal. For the precise terms and conditions of the Settlement, please see the Joint Stipulation of Settlement and Release of Class and Collective Action available in the documents section of this website, contact Class Counsel toll-free at (800) 689-0024, or access the Court docket in this case, for a fee, through the Courts Public Access to Court Electronic Records (PACER) system at https://ecf.oknd.uscourts.gov/. 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). The Court applies federal law to the interpretation and enforcement of a forum-selection clause. Huddleston "alleges that JCT contracts with California residents and instructs them (and others) to make pick-ups and drop-offs in California. Id. 2014) (citing Murphy, 362 F.3d at 1141). (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], Docket[10817929] Acknowledgment of transcript order filed by Thomas Huddleston. (citing Carnival Cruise Lines, 499 U.S. at 595. Huddleston v. John Christner Trucking | Robert S. Boulter | Attorney at Law Sign up for our weekly newsletter today! 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. Bringing your own truck, you enjoy all of our great benefits (you''re responsible for your 2290). Cancellation and Refund Policy, Privacy Policy, and 10. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Thread Status: Not open for further replies. The Court begins its analysis with JCT's challenge to personal jurisdiction. Served on 03/12/2021. 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | See Fed. Manner of Service: email. Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. [Please open the Notice for important information.] Huddleston alleges in the Complaint that he "would regularly engage in JCT's business in various locations within this judicial district, including but not limited to Fresno, Stockton, Tulare, Newman, Turlock, Modesto, Merced, Madera, and Livingston." We have the right trucks, the right freight, and the right people. Defendant contends that it properly classified Class Members as independent contractors, and that the policies challenged by Plaintiff, including those regarding payment for time worked, meal breaks, rest breaks, and expense reimbursements, are lawful and have been lawful throughout the relevant time period. He testifies in his declaration that litigating in Oklahoma would impose substantial travel costs, including airfare, rental cars, and hotel stays; that if he were to miss "any significant time away from work," his employer may withhold work or terminate his position entirely; and that being the primary wage-earner means that missed wages may threaten his ability to support his family.