. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. 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." According to the motion, relators and the real parties in interest, Michael Ladd, Christopher Ladd, and Stephen Bryson, as next friend of his minor son E.B., have reached a settlement agreement that will resolve their claims in the underlying lawsuit and the issues . The combined revenue of both companies will surpass $1 billion and propel . This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. 5:16-CV-01221 | 2016-10-21, U.S. District Courts | Intellectual Property | Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. [21-5025] [Entered: 03/11/2021 03:45 PM], Dallas County Texas Courts | Personal Injury | Federal judges approved separate class certifications for divers in Oklahoma and California. California's labor laws "are part of a broad regulatory policy defining the obligations" of employers "without regard to the substance of [their] contractual obligations." Id. [21-5023, 21-5025] [Entered: 03/25/2021 08:56 AM], Docket[10817559] Entry of appearance filed by Adam Carl Smedstad, James Anthony Eckhart, Mrs. Angela Stemle Cashand Christopher Eckhart for John Christner Trucking, LLC. As a part of this settlement, Defendant has also agreed to release Class Members that are former drivers as of the date of final approval from all known and unknown monetary claims. This class action case was initiated by Robert Boulter and co-counsel in 2017 on behalf of driver Thomas Huddleston against Oklahoma based trucking giant John Christner Trucking (JCT) and arises out of its lease purchase program. Gulf Ins. The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. 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. The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. In contract cases, courts generally apply the purposeful availment test, while in tort cases they use the purposeful direction analysis. Opp. The original complaint alleged that truck drivers for the Sapulpa, Okla.-based company often worked 70-100 hours per week while being paid less than $500. Id. They say lease purchase but you have to lease for 5 yrs before u can own it. In other words, while the "in connection with" language is broad enough to encompass Huddleston's misclassification claims and bring them under the umbrella of the forum-selection clause, the ICOA provides that Oklahoma law applies only to interpretation of the ICOA itself. 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. The plaintiff need only make a prima facie showing of jurisdiction to defeat the motion to dismiss, but "may not simply rest on the bare allegations of the complaint." Adjust the GREEN FIELDS below. 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." JCT Logistics Team Executive Team VP of Brokerage Operations Cory J. Manzi Direct: 918-347-2370 corymanzi@jctlogistics.com VP of Account Management Dustin Byrd Direct: 918-347-2344 dustinbyrd@jctlogistics.com LEADERSHIP TEAM East Loren Benjar Direct: 918-347-2353 LorenBenjar@jctlogistics.com Central Hilda Aviles Direct: 918-347-2372 Any and all claims, demands, causes of action, charges, and grievances, of whatever kind or nature, whether known or unknown, suspected or unsuspected, which Plaintiff and the Class Members now own or hold or have at any time before the Effective Date owned or held against Defendant or any of the Released Parties and which arose out of, are in any way connected to, or that were made or could have been made based on the facts, theories, and claims pled in Plaintiffs Class and Collective Action Complaint (Complaint). 206, et seq. ***TIDBIT TUESDAY*** QualComm Message Reinder: Every Friday around 10:00 am you receive a message from the driver settlement department on your qual comm. "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.'" [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. Objections shall only be considered if the Class Member has not opted out of the Settlement. 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." Marine, 134 S. Ct. at 581. There is nothing to indicate that the provision was the product of undue influence or overreaching. Certificate of Interested Parties: No. OF INTERESTED PARTIES: n. Served on 03/12/2021. Apply today. Cancellation and Refund Policy, Privacy Policy, and Company Snapshot JOHN CHRISTNER TRUCKING LLC USDOT Number: 273897 Other Information for this Carrier SMS Results Licensing & Insurance ID/Operations | Inspections/Crashes In US | Inspections/Crashes In Canada | Safety Rating 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. Bringing your own truck, you enjoy all of our great benefits (you''re responsible for your 2290). . [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. 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. This constitutes some purposeful injection into California and supports the reasonableness of the exercise of personal jurisdiction over JCT. If you wish to object to the Settlement but fail to return your timely written objection in the manner specified above, you shall be deemed to have waived any objection and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement. 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. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. 2004). OF INTERESTED PARTIES: y. See also Narayan, 616 F.3d at 899; Quinonez v. Empire Today, LLC, No. RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. Manner of Service: email. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). App. ECF No. Manner of Service: email. at 9. This class action case was initiated by Robert Boulter and co-counsel in 2017 on behalf of driver Thomas Huddleston against Oklahoma based trucking giant John Christner Trucking (JCT) and arises out of its lease purchase # 9). 1998). Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). Huddleston has presented no case law to support the idea that PAGA cases are exempt from application of forum-selection clauses and has offered no explanation why the Northern District of Oklahoma could not fairly adjudicate these claims. 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. ECF No. 10-1, Huddleston Decl. Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. [21-5025] [Entered: 04/20/2021 09:24 AM], Docket[10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. 12. The Oklahoma class, specifically, claimed that the trucking companys marketing practices violated the Oklahoma Consumer Protection Act and the Oklahoma Business Opportunity Sales Act. John Christner Trucking JCT Never lease with this company as long as BA and JM are there. Federal Rule of Civil Procedure 12(b)(2) authorizes motions to dismiss for lack of personal jurisdiction. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. We have the right trucks, the right freight, and the right people. 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. The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. [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. You pay about $1000 week for lease with good miles. While FLSA claims can arise in any state, JCT's decision to hire Huddleston, a California resident, to make pick-ups and drop-offs in California means that his claims arose, at least in part, there. 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. 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 at *4. 3, 2015). "'[A] party challenging enforcement of a forum selection clause may not base its challenge on choice of law analysis.'" 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. When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. ECF No. RLM [Entered: 03/12/2021 04:57 PM], [10814509] Civil case docketed. Attorney Cottrell, Carolyn H. added. 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
March 11, 2023