2010))). Password (8+ characters) 0. John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. He further testifies that litigating this case in Oklahoma would impose a prohibitive economic hardship on him due to the cost of travel and time away from work, problems that he would not experience if the case were to remain in California. 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." [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Los Angeles, LLC, 59 Cal. 12-CV-06133-LHK, 2014 WL 3962647, at *4 (N.D. Cal. Inc., 223 F.3d 1082, 1088 (9th Cir. 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 exceed $1 billion and will propel Hirschbach to be one of the nation's largest refrigerated carriers. Fifth, the question of efficient judicial resolution is neutral. "), and JCT replied, ECF No. Served on 03/12/2021. The general venue statute does not authorize venue in a single district in which the most substantial part of the events or omissions giving rise to the claim occurred. 5-1, Crowley Decl. Huddleston I, slip op. Still others have found that they are neither tort nor contract claims. Hirschbach, based in Dubuque, Iowa, is a privately owned carrier . John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. . Response date set to 04/14/2021 for David C. Leimbach. JCT argues that neither general nor specific personal jurisdiction exists here. 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. The organization will now operate over . This rating has decreased by -4% over the last 12 months. 2006). 1406(a), which provides that "[t]he district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought." A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. [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. John Christner Trucking Case Summary On 03/11/2021 Huddleston filed a Labor - Labor Standard lawsuit against John Christner Trucking. [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. 2002). at 24. Levine v. Entrust Grp., Inc., No. Marcotte v. Micros Sys., Inc., No. When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. See Leroy v. Great W. United Corp., 443 U.S. 173, 180 (1979) ("The question of personal jurisdiction, which goes to the court's power to exercise control over the parties, is typically decided in advance of venue, which is primarily a matter of choosing a convenient forum."). 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. The plaintiff bears the burden of satisfying the first two prongs of the test. 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 Why one international organization is joining the fight. 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. LaCross, 95 F. Supp. "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." (citing Carnival Cruise Lines, 499 U.S. at 595. Id. 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/. Id. 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. Mark Schremmer, senior editor, joined Land Line in 2015. Email. 1995). Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. 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." "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." 1391. Current Outline Item. "The party challenging the clause bears a 'heavy burden of proof.'" . The ICOA's choice-of-law provision is narrower than the forum-selection clause. John Christner Trucking, LLC, N.D. Oklahoma (Case No. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. 5:15CV81, 2016 WL 1559176, at *5 (W.D. at 13-14 (emphasis in original). 10 West Market Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 637-1777 Facsimile: (317) 687-2414 "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." Response date set to 04/14/2021 for David C. Leimbach. 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. 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. OF INTERESTED PARTIES: y. Served on: 03/25/2021. Hirschbach acquiring John Christner Trucking, creating reefer giant. 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 John Christner Trucking 19007 W Hwy 33 Internet United States of America. at 581. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. Id. 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. 12. LaCross, 95 F. Supp. Gulf Ins. JOHN CHRISTNER TRUCKING, LLC, Defendant. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Attorney at Scopelitis Garvin Light Hanson & Feary, Attorney at Schneider Wallace Cottrell Konecky, Docket[10826612] On the court's own motion and pursuant to 10th Cir. The Released Claims include, but are not limited to, all wage and hour claims, whether known or unknown, at law or in equity, which Plaintiff and the Class Members may now have or may have as of the execution of the Joint Stipulation of Settlement and Release of Class and Collective Action under the wage orders of the California Industrial Welfare Commission, or other federal, state, or local law, claims for penalties under California Private Attorneys General Act, all claims for failure to pay minimum wages under California law, all claims for failure to pay for all hours worked under California law, all claims for failure to authorize and permit and/or make available meal and rest periods pursuant to the California Labor Code (Labor Code), all claims for failure to reimburse for necessary business expenses under Labor Code 2802, all claims for failure to maintain proper payroll records under Labor Code 1174, all claims for failure to provide accurate itemized wage statements under Labor Code 226, all claims regarding coerced purchases under Labor Code 450, all claims regarding willful misclassification under Labor Code 226.8, all claims for waiting time penalties under Labor Code 201-204, all claims for unlawful business practices under the California Business and Professions Code 17200, et seq., all claims for the unlawful sale of business opportunities under the Oklahoma Business Opportunity Sales Act, 71 Okla. Stat. 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. 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. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], [10825412] Filed notice record is complete. 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. How will the Attorneys for the Class Members be paid? ECF No. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). This message tells you what trips have. Leaked News! UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. Therein, he states that he is a resident of California and that much of his work activity took place in California. 1995). 2004) (internal citation and quotation marks omitted). In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. Hirschbach Motor Lines on Feb. 16 announced that it will acquire Sapulpa, Okla.-based refrigerated carrier John Christner Trucking. Being primarily a FLSA case, JCT contends, "[i]t cannot be said that JCT's California operations made the FLSA claim (or Oklahoma state claims) uniquely possible." ; statutory penalties, civil penalties under PAGA, California Labor Code 2699 et seq., all claims for constructive fraud and negligent misrepresentation; and all claims for unjust enrichment (Released Claims). Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). TEXT ONLY ORDER: The parties having announced a settlement, they are to submit an agreed order of dismissal to the District Judge on or before 9/1/15. Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. 4:17-CV-06257 | 2017-10-29, U.S. District Courts | Personal Injury | The Court applies federal law to the interpretation and enforcement of a forum-selection clause.