The original complaint alleged that truck drivers for John Christner Trucking often worked 70-100 hours per week while being paid less than $500. Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir. Huddleston has also presented a prima facie case under the purposeful availment test. 1. Our . My experience working at John Christner Trucking was a good experience. CERT. App. b. Huddleston v. John Christner Trucking | Robert S. Boulter | Attorney at Law NEW! Public Records Policy. The classes consist of more than 3,000 truck drivers in the California Work Class and the Oklahoma class. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. Judge Gregory Frizzell of the U.S. District Court for the Northern District of Oklahoma granted the motion for class certification on Jan. 30 for truck drivers who worked in California, as well for an Oklahoma consumer protection class. (Text Only - No Attachment). First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. 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. Also, every "owner-operator" completes an orientation at those headquarters. Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). 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." Served on 04/27/2021. The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . On average, employees at John Christner Trucking stay with the company for 2.3 years. All Rights Reserved. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. 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. Hirschbach acquires John Christner Trucking - Overdrive John Christner Trucking, LLC, N.D. Oklahoma (Case No. Marcotte, 2014 WL 4477349, at *8 (quoting Besag v. Custom Decorators, Inc., No. RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. Contact Who is John Christner Trucking, LLC Headquarters 19007 W Hwy 33, Sapulpa, Oklahoma, 74067, United States Phone Number (918) 227-1600 Website www.johnchristner.com Revenue $246.4M Industry Freight & Logistics Services Transportation Nov. 4, 2010); Ronlake v. US-Reports, Inc., No. Line, Inc. v. Wartsila N. 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." Don't miss out on our weekly happenings within our company! 5:16-CV-01221 | 2016-10-21, U.S. District Courts | Intellectual Property | JCT was started in 1986 by the John Christner. 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. 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. This message tells you what trips have. The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. 30-31, Ex. Change of Address Success - John Christner Truck Driver Settlement Do yourself a favor and keep looking. In a case not involving a forum-selection clause, a district court considering a Section 1404(a) motion would evaluate both the convenience of the parties and various public interest considerations. This constitutes some purposeful injection into California and supports the reasonableness of the exercise of personal jurisdiction over JCT. 1993) holding modified by Yahoo! In contract cases, courts generally apply the purposeful availment test, while in tort cases they use the purposeful direction analysis. Thumbnails Document Outline Attachments Layers. But after fuel. 28 U.S.C 1404(a) provides that "[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." The lawsuit was filed in 2017. John Christner Trucking JCT Never lease with this company as long as BA and JM are there. JCT argues in the alternative that even if this Court does have specific personal jurisdiction and venue is proper in this District, the case should be transferred to the Northern District of Oklahoma pursuant to 28 U.S.C. Hirschbach Motor Lines recently agreed to acquire John Christner Trucking (JCT), a refrigerated carrier based in Sapulpa, Oklahoma. Schedule Monday - Friday 1:30pm - 10:30pm. ECF No. To do so, send a letter to the settlement administrator explaining the basis for your dispute and attach copies of the supporting evidence. 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. Served on 03/12/2021. Huddleston v. John Christner Trucking, LLC - Casetext 8. Who are the attorneys representing Plaintiff and the Class Members? CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1080 (9th Cir. Reply at 3. Response date set to 04/14/2021 for Carolyn H. Cottrell. As to plaintiff specifically, Crowley testifies that only three of Huddleston's twenty-five pick-ups or deliveries were in the Eastern District of California. 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. John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . 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. [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. Atl. 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. Email. Id. (Oklahoma Class Period). This field is for validation purposes and should be left unchanged. As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. See also Narayan, 616 F.3d at 899; Quinonez v. Empire Today, LLC, No. Perry, 2011 WL 4080625, at *5. See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. 9. 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." ***TIDBIT TUESDAY*** QualComm Message Reinder: Every Friday around 10:00 am you receive a message from the driver settlement department on your qual comm. Understand also that this is a lease. 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. Report this profile . 2006)). 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. Id. Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). 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." Compare Gonzalez v. Crete Carrier, Consequently, when evaluating a 1404(a) motion based on a forum-selection clause, a court should transfer, Full title:THOMAS HUDDLESTON, individually and on behalf of all others similarly, Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, In Huddleston, Chief Judge O'Neill of this district confronted a materially identical clause: "This Agreement shall be interpreted in accordance with, and governed by the laws of the United States and, of the State of Oklahoma.". Response date set to 04/14/2021 for Michelle S. Lim. The lawsuit also claimed that it wasn't uncommon for drivers to receive negative paychecks. 10. 206, et seq. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. 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 For-Hire Companies | Transport Topics 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. "The party challenging the clause bears a 'heavy burden of proof.'" A trucker has been awarded $500,000 after being unlawfully detained while making a 2019 delivery in California. Certificate of Interested Parties: Yes. Huddleston "alleges that JCT contracts with California residents and instructs them (and others) to make pick-ups and drop-offs in California. The combined revenue of both companies will surpass $1 billion and propel . The deal makes Hirschbach one of the nation's largest refrigerated carriers, the news release says, bumping it from sixth on Transport Topics 2021 ranking to second on the list. 2021-11-03, U.S. District Courts | Personal Injury | "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." Feb 17, 2022. Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011). 2007) (citing Murphy, 362 F.3d at 1141; E.J. . Plaintiff and Class Participants should consult with their own tax advisors concerning the tax consequences of the Settlement based on their Individual Settlement Amount. 2002). COO John Christner Trucking, LLC . The trucking company also contended that the state labor laws in Oklahoma, not California, govern the alleged employment relationship between Huddleston and John Christner Trucking. Phone: 8003241900. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. at 18. 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. Hirschbach builds national footprint through M&A (Photo: Hirschbach) Refrigerated carrier Hirschbach announced Wednesday the acquisition of John Christner Trucking (JCT). Id. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. Working at John Christner Trucking: 135 Reviews in US - Indeed The Court disagrees. You may also withdraw your objection in writing by mailing a withdrawal statement to the Court and counsel for the parties postmarked no later than Monday, October 17, 2022, orally at the Final Approval Hearing, or as otherwise ordered by the Court. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. 2021-06-11, U.S. Courts Of Appeals | Other | 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.