5-3, Huddleston v. John Christner Trucking, LLC, No. Working at John Christner Trucking: 135 Reviews in US - Indeed Manner of Service: email. 3d 1199, 1206 n.4 (C.D. 71st St., Suite 200Tulsa, OK 74136Telephone: (918) 970-2000Facsimile: (918) 970-2002. Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding. None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. Served on 04/27/2021. 9. Who are the attorneys representing Defendant John Christner Trucking, LLC? Marine, 134 S. Ct. at 584. 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. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Last name. OF INTERESTED PARTIES: n. Served on 03/12/2021. Served on 03/24/2021. Docketing statement, transcript order form and notice of appearance due on 03/25/2021 for Thomas Huddleston; notice of appearance due on 03-25-2021 for John Christner Trucking, LLC. 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. 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. All Rights Reserved. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. 3d at 1206 n.5 (holding that a representative PAGA claim could be litigated in Arizona federal courts); see also id. 10-cv-02049 (WHA), 2010 WL 4569873, at *2-3 (N. D. Cal. CERT. 1990), rev'd on other grounds, 499 U.S. 585 (1991); see also Walden, 134 S. Ct. at 1121 ("For a State to exercise jurisdiction consistent with due process, the defendant's suit-related conduct must create a substantial connection with the forum State."). See Fed. Huddleston does not argue that the Court could exercise general jurisdiction over JCT but contends that the Court does have specific jurisdiction over JCT. As such, the argument regarding fraud and overreaching fails. Id. Manner of Service: email. 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. (internal quotation marks omitted)). 1998) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 518 (1974)) (emphasis in original). In EEOC v. Waffle House, Inc., 534 U.S. 279 (2002), the Supreme Court held that a governmental agency was not bound by an employee's arbitration agreement such that it was barred from pursuing judicial relief in an enforcement action. Response date set to 04/14/2021 for Michelle S. Lim. 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. Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." [21-5025] [Entered: 03/15/2021 12:17 PM], Docket[10815131] Admissions letter sent. The U.S. Supreme Court has held that forum-selection clauses are presumptively valid and should only be set aside if the party challenging enforcement can "clearly show that enforcement would be unreasonable and unjust." The party opposing enforcement of the forum selection clause on the grounds of fraud or overreaching "must show that the inclusion of the clause itself into the agreement was improper; it is insufficient to allege that the agreement as a whole was improperly procured." Hirshbach buys John Christner Trucking, boosts its reefer carrier ranking [Please open the Notice for important information.] "); Turner v. Syfan Logistics, Inc., No. 2015). 10-1. [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. 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. [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. ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." The Court applies federal law to the interpretation and enforcement of a forum-selection clause. Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. Co., Inc. v. U.S. Dist. Your decision as to whether or not to participate in this Settlement will in no way affect your work or relationship with Defendant or future work or relationship with Defendant. 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. John Christner Trucking Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." 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." The Oklahoma class, specifically, claimed that the trucking companys marketing practices violated the Oklahoma Consumer Protection Act and the Oklahoma Business Opportunity Sales Act. 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. [Please open the Notice for important information.] Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. Atl. 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 . . Hirschbach builds national footprint through M&A (Photo: Hirschbach) Refrigerated carrier Hirschbach announced Wednesday the acquisition of John Christner Trucking (JCT). Hirschbach Motor Lines acquires John Christner Trucking CERT. John Christner Trucking LLC (Oklahoma Transport Company) M/S Bremen, 407 U.S. at 18. INTRODUCTION The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. If you have money saved in your account or money they owe you for loads you have delivered they will pay . DATE RECEIVED: 03/11/2021. at 297. Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). Manner of Service: email. Court for W. Dist. I would still be there if I were able to still be there. John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. If you do not agree with these terms, then do not use our website and/or services. 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. 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. Cal. John Christner Trucking adds 800 trucks to the Hirschbach fleet. 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." Click on the links below to download documents related to the Settlement. The forum-selection clause here, as discussed above, uses broader language that does cover claims brought "in connection with" the employment relationship, even if they do not rely on interpretation of the ICOA itself. You make about $3600 per week. The general rule is that each plaintiff in a class action must individually satisfy venue, so the venue determination is "based on the plaintiffs in the class actionnot absent class members." Still others have found that they are neither tort nor contract claims. The combined revenue of both companies will surpass $1 billion and propel . B. Venue. Core-Vent Corp. v. Nobel Indus. Huddleston argues that his claims brought pursuant to the Private Attorney General Act ("PAGA") are of such a strong local nature that they should be litigated in California. 18, 2016) ("It can come as no surprise to Syfan that litigation in Virginia might ensue when Syfan's conduct ensured DD would haul a load of frozen chicken across a significant portion of the state."). 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. Bringing your own truck, you enjoy all of our great benefits (you''re responsible for your 2290). Huddleston v. John Christner Trucking, LLC 10-1, Huddleston Decl. Report this profile . Case information including a copy of the complaint can be found here . However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." Christner Trucking was facing a class-action lawsuit. ROBERTO BALDERRAMA vs. JOHN CHRISTNER TRUCKING, JACQUELINE BRADFORD, Ordosgoitti v. Werner Enterprises, Inc. et al, Chandler et al v. Craters & Freighters Franchise Company, Beissel et al v. Western Flyer Express, LLC, Board of Education of Yukon Oklahoma Public Schools v. SYSCO USA II, LLC, Seay et al v. Oklahoma Board of Dentistry et al, Seay, et al v. Oklahoma Board of Dentistry, et al. Web: www.johnchristner.com. Served on 03/24/2021. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. 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." Huddleston I, slip. 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.