While the contracts will likely be used as evidence to prove or disprove the statutory claims, the claims do not arise out of the contract, involve the interpretation of any contract terms, or otherwise require there to be a contract."). ECF No. After the first two prongs of the test have been met, the defendant has the burden of showing that the Court's jurisdiction would be unreasonable. COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. Case Details Parties Documents Dockets Case Details Case Number: 21-5025 Filing Date: JCT leases facilities in Phoenix, Arizona, and Oklahoma City, Oklahoma. [21-5025] [Entered: 03/11/2021 03:45 PM]. Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding. Id. "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." They say lease purchase but you have to lease for 5 yrs before u can own it. In Shute v. Carnival Cruise Lines, the Ninth Circuit reasoned that "[t]he 'but for' test is consistent with the basic function of the 'arising out of requirementit preserves the essential distinction between general and specific jurisdiction. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. (Text Only - No Attachment). Cal. 5). Id. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. 9. Who are the attorneys representing Defendant John Christner Trucking, LLC? John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. 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 . According to Crowley, JCT does not own or lease any property in California, except for one drop yard it leases in Colton, California. Do yourself a favor and keep looking. Murphy, 362 F.3d at 1140 (quoting M/S Bremen., 47 U.S. at 17). Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. According to the complaint, Huddleston worked as an "owner-operator" for JCT until August 2016. The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. 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. This rating has decreased by -4% over the last 12 months. Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir. Make your practice more effective and efficient with Casetexts legal research suite. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. Pros. JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. John Christner Trucking JCT Never lease with this company as long as BA and JM are there. 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. Id. RLM [Entered: 03/12/2021 04:57 PM], [10814509] Civil case docketed. Lawrence J. O'Neill UNITED STATES CHIEF DISTRICT JUDGE MEMORANDUM DECISION AND ORDER RE DEFENDANT'S MOTION TO DISMISS FOR LACK OF JURISDICTION, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE (ECF NO. JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. JCT argues that the centerpiece of Huddleston's complaint is the Fair Labor Standards Act ("FLSA"), which set nationwide standards, and because Huddleston performed long-haul truck-driving services throughout the country, the FLSA claims "could have arisen whether he was a resident of California, Connecticut, Colorado, or any other state in the country." Mot. 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." Thread Status: Not open for further replies. [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. 1404 and the forum-selection clause. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. R. Civ. 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. 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." CERT. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). Aug. 13, 2014). 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. 0. The settlement administrator will notify you of the decision on the dispute. A former safety manager for a California company has been sentenced to probation for a conspiracy involving the illegal repair of cargo tanks. at 1138. Feb 17, 2022. 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. AB, 11 F.3d 1482, 1489 (9th Cir. Following redistribution, any unclaimed monies will be paid to Legal Services Corporation. If you are a Class Member, you may be entitled to receive money from a Settlement in this case, as described below. John Christner Trucking We've Got The Drive You Need Apply Now Search Driver Jobs Search Office Jobs Driver Verification Integrity, Dependability, Stewardship We live by our core values and pride ourselves on the foundation that has been built for over three generations. John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . LaCross v. Knight Transportation, Inc., 95 F. Supp. [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. See, e.g., Brandi v. Belger Cartage Serv., Inc., 842 F. Supp. 1998). Now as a fleet of over 800 trucks, John has had the support of many throughout the years, including his two sons Danny & Darryl. Cal. of Tex., 134 S. Ct. 568, 579 (2013) (internal quotation omitted). Iskanian v. CLS Transp. Each Class Participant (as described in Section 3) will receive a pro rata share of the Net Settlement Amount based on settlement shares assigned to them as described below. C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." Rather, "for venue to be proper, significant events or omissions material to the plaintiff's claim must have occurred in the district in question, even if other material events occurred elsewhere." Apply today. Huddleston I, slip. 2010))). 206, et seq. Thus, Huddleston need not show that the Eastern District of California has the most substantial relationship to the dispute, Kirkpatrick v. Rays Group, 71 F. Supp. If you do not cash the Individual Settlement Amount check sent to you within 180 days of issuance, it will become void. gimme fonts Cal. We have the right trucks, the right freight, and the right people. 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. We have the right trucks, the right freight, the right people. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. at 6-7 (N.D. Cal. 3, 2015). Join Our Community Today! The lawsuit also claimed that it wasn't uncommon for drivers to receive negative paychecks. Huddleston has also presented a prima facie case under the purposeful availment test. Atl. 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. Huddleston has failed to provide any evidence that the Contract's terms regarding forum selection were not clearly communicated in the ICOA or that the inclusion of the forum selection clause was the product of fraud or overreaching. 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. Thumbnails Document Outline Attachments Layers. 3d 1199, 1206 n.4 (C.D. Mahoney v. Depuy Orthopaedics, Inc., No. Huddleston seeks to represent other "owner-operators" in a collective action under the Fair Labor Standards Act ("FLSA") and class actions under California and Oklahoma law. 3d 1199, 1207 (C.D. Manner of Service: email. The case status is Pending - Other Pending. The purposeful-direction requirement is satisfied. The combined revenue of both companies will surpass $1 billion and propel . Fifth, the question of efficient judicial resolution is neutral. Manner of Service: email. Adjust the GREEN FIELDS below. Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. (internal quotation marks omitted)). at 24. Last name.
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