This factor primarily concerns "where the witnesses and the evidence are likely to be located." There is nothing to indicate that the provision was the product of undue influence or overreaching. 2007) (citing Murphy, 362 F.3d at 1141; E.J. 3d 1199, 1207 (C.D. 1:11-CV-02009 LJO, 2012 WL 393614, at *3-4 (E.D. Manner of Service: email. A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. (citing Iskanian for the proposition that representative PAGA claims may be brought in forums other than California state courts). John Christner Trucking - Inc. John Christner Trucking LLC. 21% of John Christner Trucking employees are women, while 79% are men. In contract cases, courts generally apply the purposeful availment test, while in tort cases they use the purposeful direction analysis. Id. Issued on 04/27/2021. The Court has not ruled on the merits of Plaintiffs claims or Defendants defenses. The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. Please do not contact the court. ECF No. ECF No. Marcotte, 2014 WL 4477349, at *8 (quoting Besag v. Custom Decorators, Inc., No. Jan. 10, 2006) ("Because venue can properly lie in multiple districts, the court need not compare sales figures in an effort to find the 'best venue'; rather the question is whether the venue chosen by a plaintiff is proper."). With combined revenues expected to exceed $1 billion annually, the reefer conglomerate will operate more than 3,000 trucks and . 1. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. Inc., 223 F.3d 1082, 1088 (9th Cir. Reply at 3. Opp. 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. 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. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. Va. Apr. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] Plaintiff and Class Participants should consult with their own tax advisors concerning the tax consequences of the Settlement based on their Individual Settlement Amount. 2000). According to the complaint, Huddleston worked as an "owner-operator" for JCT until August 2016. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. Opp. Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. LaCross, 95 F. Supp. The postmark date of mailing to Class Counsel and Defendants counsel shall be the exclusive means for determining that an objection is timely mailed to counsel. 10 West Market Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 637-1777 Facsimile: (317) 687-2414 Instead, the federal circuit courts appear to agree that venue may be proper in multiple districts if a "substantial part" of the underlying events took place in each of those districts. When the parties' contract contains a forum selection clause, however, the "calculus changes" and district courts must adjust their usual Section 1404(a) analysis in three ways: (1) the plaintiff's choice of forum merits no weight; (2) arguments about the parties' private interests should not be considered; and (3) a 1404(a) transfer of venue "will not carry with it the original venue's choice-of-law rules." A forum-selection clause may be deemed unreasonable under the following circumstances: (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. Certificate of Interested Parties: No. Web: www.johnchristner.com. Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. This language has broad reach, and because Huddleston's claims concern the relationship created by the ICOA, which created the working relationship between the parties, his claims fall within the scope of the forum-selection clause. Huddleston contends that because thirteen of the nineteen causes of action are based on California law, a California federal court will be better equipped to apply California state law than an Oklahoma court would be. PAGA cases "function[] as a substitute for an action brought by the government itself." JCT will continue to operate as a separate, but highly integrated, company with Danny Christner joining Hirschbach as the president of JCT, according to a statement from Hirschbach. 2010) ("Whether the Drivers are entitled to [California Labor Code] benefits depends on whether they are employees of [the defendant], which in turn depends on the definition that the otherwise governing lawnot the partiesgives to the term 'employee.' Perry, 2011 WL 4080625, at *5. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Tenth Circuit. This matter is now ripe for review and is suitable for disposition without oral argument. 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. Now as a fleet of over 800 trucks, John has had the support of many throughout the years, including his two sons Danny & Darryl. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], [10817929] Acknowledgment of transcript order filed by Thomas Huddleston. Atl. Upon the date the Settlement becomes effective (Effective Date), all Class Participants release claims as follows against Defendant, and their present and former parent companies, subsidiaries, divisions, affiliates, successors, predecessors, related companies, and joint ventures, and each of their present and former officers, directors, shareholders, agents, employees, insurers, attorneys, accountants, auditors, advisors, representatives, consultants, administrators, trustees, general and limited partners, predecessors, successors and assigns (collectively, the Released Parties): In addition, all Class Participants expressly waive, as to the Released Claims stated above and based on or arising out of the same factual predicates of the Complaint, running through June 21, 2022, the provisions, rights, and benefits of California Civil Code 1542, which reads: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. Huddleston v. John Christner Trucking, LLC, 1:17-cv-00925-LJO-SAB (E.D. Christner said the company has seen continuous growth over the past two decades. We've also provided a list of contacts should you have any questions. A trucker has been awarded $500,000 after being unlawfully detained while making a 2019 delivery in California. Plaintiff Thomas Huddleston brings this wage-and-hour putative class action lawsuit against defendant John Christner Trucking, LLC ("JCT"). The forum-selection clause here provides that "any claim or dispute arising from or in connection with" the ICOA "shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma." 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. The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914, 922 (9th Cir. See id. If you are a Class Member, you may be entitled to receive money from a Settlement in this case, as described below. 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. [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. Served on 03/25/2021. 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 U.S. Supreme Court has held that forum-selection clauses are presumptively valid and should only be set aside if the party challenging enforcement can "clearly show that enforcement would be unreasonable and unjust." 3d at 1206 n.5 (holding that a representative PAGA claim could be litigated in Arizona federal courts); see also id. Cal. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). Id. "'[A] party challenging enforcement of a forum selection clause may not base its challenge on choice of law analysis.'" If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Finally, one place to get all the court documents we need. The lawsuit also claimed that it wasn't uncommon for drivers to receive negative paychecks. 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. 1. Am., Inc., 485 F.3d 450, 457 (9th Cir. You make about $3600 per week. 2021-11-03, U.S. District Courts | Personal Injury | July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. at 21-22. 1990), rev'd on other grounds, 499 U.S. 585 (1991); see also Walden, 134 S. Ct. at 1121 ("For a State to exercise jurisdiction consistent with due process, the defendant's suit-related conduct must create a substantial connection with the forum State."). Oklahoma Class All current and former individuals who provide(d) transportation services for Defendant within the United States, who (1) entered into an Independent Contractor Operating Agreement with Defendant, and (2) entered into a Lease Agreement with Defendant or Three Diamond Leasing, LLC, from April 12, 2014 to June 21, 2022.