Management. Overall. If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. 1404 and the forum-selection clause. at 20. By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. 5). Huddleston alleges in the Complaint that he "would regularly engage in JCT's business in various locations within this judicial district, including but not limited to Fresno, Stockton, Tulare, Newman, Turlock, Modesto, Merced, Madera, and Livingston." Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. Cal. 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. Rowen v. Soundview Commc'ns, Inc., No. at 298. [21-5025] [Entered: 04/14/2021 04:21 PM], Docket[10817932] Minute order filed - Transcript order form due 04/08/2021 for Brian Neil, Court Reporter. 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). . Thus, this factor is not at issue. C 12-03959 WHA, 2012 WL 6087399, at *4 (N.D. Cal. Thumbnails Document Outline Attachments Layers. 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. Following redistribution, any unclaimed monies will be paid to Legal Services Corporation. The following persons will be considered Class Members and be eligible to receive an Individual Settlement Amount from the Net Settlement Amount: Plaintiff and persons who meet the requirements of one or more of the following class or collective definitions: California Class All current and former individuals, to the extent they perform(ed) transportation services for Defendant within California from April 12, 2013 to June 21, 2022. Manner of Service: email. 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. Personal Jurisdiction. 2009) (called into question on other grounds by Narayan v. EGL, Inc., 616 F.3d 895, 899, 904 (9th Cir. Served on: 03/25/2021. 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. 2007). Id. John Christner Trucking adds 800 trucks to the Hirschbach fleet. Leaked News! 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." JCT contracted with Huddleston (a California resident) to pick up and drop off cargo in California, which is enough to satisfy the test. 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. 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. Job Summary The Parts Coordinator is responsible for taking parts order, dealing one-on-one with mechanics and drivers. [21-5025] [Entered: 04/20/2021 09:24 AM], [10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. 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. JCT leases facilities in Phoenix, Arizona, and Oklahoma City, Oklahoma. Federal judges approved separate class certifications for divers in Oklahoma and California. Id. COO John Christner Trucking, LLC . Specifically, he says that a significant portion of his drop-offs and pick-ups were located in Tulare, Stockton, Fresno, Newman, Turlock, Modesto, Merced, Madera, and Livingston (all located within the Eastern District of California) and that the vast majority of his total driving miles were related to either a pick-up or drop-off in California. M/S Bremen, 407 U.S. at 1. The Court cannot find on this record that honoring the forum-selection clause would mean that Huddleston "will for all practical purposes be deprived of his day in court." Hirschbach Motor Lines recently agreed to acquire John Christner Trucking (JCT), a refrigerated carrier based in Sapulpa, Oklahoma. Huddleston has not met his burden of demonstrating that this is an "exceptional case" in which the Court should set aside a valid forum-selection clause. The Court disagrees. JCT Media Center. John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. Because the parties' private interests should not be considered, the district court may consider only arguments about public-interest factors. at 581. Yahoo! Atlantic Marine Const. Sign up for our weekly newsletter today! Huddleston v. John Christner Trucking, LLC, 1:17-cv-00925-LJO-SAB (E.D. at 13-14 (emphasis in original). 4:21-CV-00132 | 2021-03-24, U.S. District Courts | Other | (Text Only - No Attachment). JCT argues that neither general nor specific personal jurisdiction exists here. [21-5025] [Entered: 03/12/2021 05:19 PM], [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. You will, have to pay for your own DOT physical and drug screen, your first settlement will be -$111.00(YES NEGATIVE), relay . 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." One (1) settlement share for each FLSA Workweek. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. CERT. 2d 1262, 1269 (W.D. 2006). Manner of Service: email. [21-5025] [Entered: 04/14/2021 04:21 PM], [10817932] Minute order filed - Transcript order form due 04/08/2021 for Brian Neil, Court Reporter. It also does not have any employees in California except one individual who works from his home in Fresno to arrange the transportation of customer freight. 30-31, Ex. Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). 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. Who are the attorneys representing Defendant John Christner Trucking, LLC? And the best part of all, documents in their CrowdSourced Library are FREE! Richards v. Lloyd's of London, 135 F.3d 1289, 1297 (9th Cir. Co., 417 F.3d at 357. My experience working at John Christner Trucking was a good experience. Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. Farm Credit W., PCA v. Lanting, No. If you wish to object to the Settlement but fail to return your timely written objection in the manner specified above, you shall be deemed to have waived any objection and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement. JCT Logistics Team Executive Team VP of Brokerage Operations Cory J. Manzi Direct: 918-347-2370 corymanzi@jctlogistics.com VP of Account Management Dustin Byrd Direct: 918-347-2344 dustinbyrd@jctlogistics.com LEADERSHIP TEAM East Loren Benjar Direct: 918-347-2353 LorenBenjar@jctlogistics.com Central Hilda Aviles Direct: 918-347-2372 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 The lawsuit was filed in 2017. Opp. [21-5025] [Entered: 04/27/2021 08:32 AM], Docket[10823665] Minute order filed - Notice due that record is complete by 04/27/2021 for Mark C. McCartt, Clerk of Court (oclk). Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. . JCT's contacts with California are not mere happenstance resulting from Huddleston's incidental residence in the state independent of JCT's conduct. Both sides agree that in light of the risks and expenses associated with continued litigation, this Settlement is fair and appropriate under the circumstances, and in the best interests of the Class Members. Therein, he states that he is a resident of California and that much of his work activity took place in California. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. Preliminary record filed. Unless you present convincing evidence proving you worked more workweeks than shown by Defendants records, your Individual Settlement Amount will be determined based on Defendants records. 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." THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. See Fed. No. According to the complaint, Huddleston worked as an "owner-operator" for JCT until August 2016. Purposeful availment is not enough; the claims in this case must also arise out of FCT's contacts with California. See also Narayan, 616 F.3d at 899; Quinonez v. Empire Today, LLC, No. Plaintiff Thomas Huddleston brings this wage-and-hour putative class action lawsuit against defendant John Christner Trucking, LLC ("JCT"). Thread Status: Not open for further replies. "Public-interest factors may include 'the administrative difficulties flowing from court congestion; the local interest in having localized controversies decided at home; [and] the interest in having the trial of a diversity case in a forum that is at home with the law.'" A review of the distirct court docket shows transcripts ordered were already on file. Cal. 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. OF INTERESTED PARTIES: y. JCT also argues for transfer to the Northern District of Oklahoma pursuant to 28 U.S.C. Case information including a copy of the complaint can be found here . Any disputes must be postmarked by Saturday, September 24, 2022, and should be mailed to Huddleston v. JCT Settlement Administrator, P.O. it must be reasonable." Do yourself a favor and keep looking. Id. The combined revenue of both companies will surpass $1 billion and propel . 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. 2015); Robles, 2015 WL 1530510, at *4. 1999), or that it is the "best" venue. . There is nothing to indicate that the provision was the product of undue influence or overreaching. 3, 2015). The combined revenue of both companies will exceed $1 billion and will propel Hirschbach to be one of the nation's largest refrigerated carriers. JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. ECF No. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. 9. We've also provided a list of contacts should you have any questions. Id. Levine v. Entrust Grp., Inc., No. Ronlake v. US-Reports, Inc., No. 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. Mot. Compare Gonzalez v. Crete Carrier, Consequently, when evaluating a 1404(a) motion based on a forum-selection clause, a court should transfer, Full title:THOMAS HUDDLESTON, individually and on behalf of all others similarly, Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, In Huddleston, Chief Judge O'Neill of this district confronted a materially identical clause: "This Agreement shall be interpreted in accordance with, and governed by the laws of the United States and, of the State of Oklahoma.". 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021.

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