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Co., Inc. v. U.S. Dist. 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."). The opinion in Waffle House was fairly narrow and distinguishable from the facts here. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. CIVF 07-1321 AWI SMS, 2007 WL 3341389, at *7 (E.D. They say lease purchase but you have to lease for 5 yrs before u can own it. Robles v. Comtrak Logistics, Inc., No. All Rights Reserved. 2015). jct Logistics - JCT Logistics Password (8+ characters) "), and JCT replied, ECF No. John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. This is so, he argues, because the ICOA provides for the application of Oklahoma law, and under Oklahoma law, Huddleston does not meet the statutory definition of "employee" and does not qualify for the sorts of unwaivable statutory remedies to which he would otherwise be entitled under California law. Huddleston "alleges that JCT contracts with California residents and instructs them (and others) to make pick-ups and drop-offs in California. 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. Huddleston v. John Christner Trucking, LLC, 1:17-cv-00925-LJO-SAB (E.D. John Christner Trucking Just Sold To Hirschbach Trucking 5 Min Ago Grab some Mutha Trucker Gear@ https://theasianmaishow.com/ For information . 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. 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. Atlantic Marine Const. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. Id. This factor does not weigh in favor of a finding of unreasonableness. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] Select SOLO DRIVER or TEAM DRIVER. 1y+ OTR Owner Operator - Seattle, WA - R.E. Garrison Trucking, Inc. . 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. 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. 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). Va. Apr. In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. Scam Internet. See Gulf Ins. Los Angeles, LLC, 59 Cal. This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. Marine Const. 0. 10-1. As it is his burden to show the public interest factors weigh in his favor, he has failed to meet his burden as to this public interest factor. Indeed, the list of pick-ups and drop-offs appended as Exhibit B to the Crowley Declaration shows that twelve of the twenty-five loads that JCT assigned to Huddleston had origin or destination points within the state of California. 5). Please do not contact the court. Join to connect John Christner Trucking, LLC. [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. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. Huddleston claims JCT misclassified its "owner-operators" as independent contractors, rather than employees, and thus violated a variety of state and federal labor laws, including those governing payment of wages, minimum wage, meal and rest breaks, and wage reporting. 5-3, Huddleston v. John Christner Trucking, LLC, No. Working at John Christner Trucking: 135 Reviews | Indeed.com Cal. Oct. 5, 2010)); Hernandez v. Martinez, No. C. Forum-Selection Clause And 28 U.S.C. Join Our Community Today! 3, 2015). Marcotte, 2014 WL 4477349, at *8 (quoting Besag v. Custom Decorators, Inc., No. 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." 2004). John Christner Trucking 19007 W Hwy 33 Internet United States of America. RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. Hirschbach Motor Lines acquires John Christner Trucking 5) I. Preliminary record filed. Made in Oklahoma: John Christner Trucking Inc. Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. 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." John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. it must be reasonable." M/S Bremen, 407 U.S. at 18. 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. Case Details Parties Documents Dockets Case Details Case Number: 21-5025 Filing Date: LaCross v. Knight Transportation, Inc., 95 F. Supp. Class Counsel will file a Motion for Attorneys Fees and Costs with the Court. . . Response date set to 04/14/2021 for Carolyn H. Cottrell. 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. at 919. 1. 2010))). "The party challenging the clause bears a 'heavy burden of proof.'" Murphy, 362 F.3d at 1140 (quoting M/S Bremen., 47 U.S. at 17). See also Narayan, 616 F.3d at 899; Quinonez v. Empire Today, LLC, No. You do not have to pay the attorneys who represent the Class Members. Federal Rule of Civil Procedure 12(b)(2) authorizes motions to dismiss for lack of personal jurisdiction. "'[A] party challenging enforcement of a forum selection clause may not base its challenge on choice of law analysis.'" # 9). Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. The second, known as "specific jurisdiction," exists where the litigation is derived from obligations that "arise out of or are connected with the [company's] activities within the state." 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. . The forum-selection clause, by contrast, states more broadly that "any claim or dispute arising from or in connection with this agreement, whether under federal, state, local, or foreign law . COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. Thus, this factor is not at issue. John Christner Trucking Reviews - Glassdoor Marine, 134 S. Ct. at 581. Fifth, the question of efficient judicial resolution is neutral. 2006)). If you have money saved in your account or money they owe you for loads you have delivered they will pay . INTRODUCTION 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. at 13-14 (emphasis in original). If a defendant challenges the existence of personal jurisdiction, the plaintiff bears the burden of establishing the district court's personal jurisdiction over the defendant. Mahoney v. Depuy Orthopaedics, Inc., No. at 17. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. John Christner Trucking adds 800 trucks to the Hirschbach fleet. Schedule Monday - Friday 1:30pm - 10:30pm. In general, managers at John Christner Trucking are good to work with. John Christner Trucking LLC Sapulpa, OK. Quick Apply. 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. ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." Huddleston v John Christner Trucking | 21-5025 | Court Records - UniCourt Gulf Ins. 2007). The state of California may have an interest in the outcome of this dispute, but that interest is not so overwhelming or unusual that this should be an exception to the general rule that a valid forum-selection clause should be honored.