Co., Inc. v. U.S. Dist. Where a forum-selection clause uses the phrases "arising under," "arising out of," or similar language, the clause is construed narrowly to cover only disputes "relating to the interpretation and performance of the contract itself." 2000). Hirschbach builds national footprint through M&A (Photo: Hirschbach) Refrigerated carrier Hirschbach announced Wednesday the acquisition of John Christner Trucking (JCT). A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." AB, 11 F.3d 1482, 1489 (9th Cir. JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. 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. 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." 12. granted the motion for class certification, International group throws support behind Rhode Islands appeal of truck toll verdict, Vehicle weight at issue in overtime lawsuit, Trucker awarded $500K after being unlawfully detained, Former safety manager receives probation for cargo tank conspiracy. . [21-5025] [Entered: 03/12/2021 05:19 PM], Docket[10814925] Entry of appearance submitted by Rachel Lawrence Mor, Michael J. Blaschke, Carolyn Hunt Cottrell, David C. Leimbach, Michelle S. Lim and Robert S. Boulter for Appellant Thomas Huddleston for court review. Leaked News! John Christner Trucking Just Sold To Hirschbach - YouTube 2014) (citing Murphy, 362 F.3d at 1141). Updated May 4, 2022. "The party challenging the clause bears a 'heavy burden of proof.'" JCT responds that only three of the twenty-five loads that Huddleston performed had pick-ups or deliveries that took place within this district and that in any case, the classification decisions giving rise to this suit took place at JCT's corporate headquarters in Oklahoma and not in California at all. Job Summary The Parts Coordinator is responsible for taking parts order, dealing one-on-one with mechanics and drivers. Atl. Atl. 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. Id. Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. Hirschbach to acquire John Christner Trucking - TheTrucker.com International Shoe Co. v. Washington, 326 U.S. 310, 318 (1945). . 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. (FLSA Collective Period), who (1) entered into an Independent Contractor Operating Agreement with Defendant, (2) entered into a Lease Agreement with either Defendant or Three Diamond Leasing, LLC, (3) were classified as independent contractors, and (4) validly opted in to the FLSA collective on or before February 14, 2020 (FLSA Collective Members). Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. 2011). Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. Full-Time. 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. See 28 U.S.C. 752, et seq. 12 ("Reply"). Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. Sixth, a California forum is important to Huddleston's interest in convenient relief, since he is a resident of and works in this forum and has averred that traveling to Oklahoma to litigate this case would present a burden. John Christner Trucking Team Truck Jobs | John Christner Trucking Purposeful availment is not enough; the claims in this case must also arise out of FCT's contacts with 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." The opinion in Waffle House was fairly narrow and distinguishable from the facts here. "'[A] party challenging enforcement of a forum selection clause may not base its challenge on choice of law analysis.'" Cal. shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." The purposeful direction test requires satisfaction of all three prongs of the Supreme Court's effects test from Calder v. Jones, 465 U.S. 783, 789-90 (1984). If you do not agree with these terms, then do not use our website and/or services. at 24. To do so, send a letter to the settlement administrator explaining the basis for your dispute and attach copies of the supporting evidence. Parts Coordinator. 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."). Certificate of Interested Parties: Yes. 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." 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. LaCross, 95 F. Supp. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. England Case $37,800,000 Settlement Concluded; Refusal to Drive Unsafe Truck - Driver Awarded $55k; Franchisor's Non-competition Injunction Denied. John Christner Trucking asked the court to deny certification because Huddleston has failed to demonstrate that Californias wage and hour laws apply to him or any other putative class member.. 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 ICOA 23. 5:16-CV-01221 | 2016-10-21, U.S. District Courts | Intellectual Property | Response date set to 04/14/2021 for Michelle S. Lim. See Dole Food Co. v. Watts, 303 F.3d 1104, 1114 (9th Cir. 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." 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." 7. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. Huddleston v. John Christner Trucking | Robert S. Boulter | Attorney at Law John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. Holland Am. approve of John M Christner's performance Founded 1986 Company size 1001 to 5,000 Revenue $100M to $500M (USD) Industry Transportation & Logistics Headquarters Sapulpa Oklahoma, United . Driver Resources | John Christner Trucking Driver Resources Welcome JCT Drivers This page is dedicated to keeping you up to date with the latest JCT info. 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. John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. Can Defendant retaliate against me for participating in this Settlement? The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] at 9. ***TIDBIT TUESDAY*** QualComm - John Christner Trucking | Facebook B. If you mail a written objection, you may also, if you wish, appear at the Final Approval Hearing to discuss your objection with the Court and the parties. Ziegler v. Indian River County, 64 F.3d 470, 475 (9th Cir. In general, managers at John Christner Trucking are good to work with. Id. at 8. CERT. 11-cv-2009 (LJO)(MJS), 2012 WL 393614, at *4 (E. D. Cal. 2015). An award-winning journalist and former assistant news editor at The Topeka Capital-Journal, he brings fresh ideas, solid reporting skills, and more than two decades of journalism experience to our staff. The 19 causes of action in the lawsuit: 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." JCT's contacts with California are not mere happenstance resulting from Huddleston's incidental residence in the state independent of JCT's conduct. Court for W. Dist. COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. Also, every "owner-operator" completes an orientation at those headquarters. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. Plaintiff and the Class Members are represented by the following attorneys acting as Class Counsel: Carolyn H. CottrellDavid C. LeimbachMichelle S. LimSCHNEIDER WALLACECOTTRELL KONECKY LLP2000 Powell Street, Suite 1400Emeryville, CA 94608Telephone: (800) 689-0024Facsimile: (415) 421-7105ccottrell@schneiderwallace.comDLeimbach@schneiderwallace.commlim@schneiderwallace.com, Robert S. BoulterLAW OFFICES OF ROBERT S. BOULTER1101 Fifth Avenue, Suite 310San Rafael, California 94901Telephone: (415) 233-7100rsb@boulter-law.com. John Christner Trucking JCT Never lease with this company as long as BA and JM are there. OF INTERESTED PARTIES: y. at 298. For-Hire Companies | Transport Topics Feb. 6, 2012). 17-cv-02081-RS ("Huddleston I"), slip op. Court denies four of 19 claims in John Christner Trucking lawsuit Driver Resources | John Christner Trucking JCT was started in 1986 by the John Christner. 10 ("Opp. No further written . The plaintiff bears the burden of satisfying the first two prongs of the test. Leaked News! 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 Inc. John Christner Trucking. 4th 348, 394 (2014) (internal quotation marks and citation omitted). It also leases "drop yards" in locations throughout the United States, which are used for parking and staging trailers. Temperature-controlled carrier Hirschbach acquires John Christner Trucking [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] The court, however, "is obligated to draw all reasonable inferences in favor of the non-moving party and resolve all factual conflicts in favor of the non-moving party." Because the parties' private interests should not be considered, the district court may consider only arguments about public-interest factors. In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. This constitutes some purposeful injection into California and supports the reasonableness of the exercise of personal jurisdiction over JCT.
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