john christner trucking settlement

Leaked News! John Christner Trucking Just Sold To Hirschbach - YouTube C. Forum-Selection Clause And 28 U.S.C. (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . The 19 causes of action in the lawsuit: The California Supreme Court has likened PAGA actions to qui tam actions in that a representative plaintiff brings an action "as the proxy or agent of the state's labor enforcement agencies, representing the same legal right and interest as those agencies and seeking statutory civil penalties that otherwise would be sought by those agencies." Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. JCT was started in 1986 by the John Christner. Finally, one place to get all the court documents we need. John Christner Trucking LLC (Oklahoma Transport Company) None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. Manner of Service: email. at 7. If you dispute the number of workweeks as shown on the Notice that was mailed to you, you may produce evidence to the settlement administrator establishing the dates you contend to have worked for Defendant. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. at 24. 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. This website is designed and maintained by the Settlement Administrator for the lawsuit known as Huddleston v. John Christner Trucking, LLC . The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. This factor does not weigh in favor of a finding of unreasonableness. Yahoo, 433 F.3d at 1206; Schwarzenegger, 374 F.3d at 802. There are two kinds of personal jurisdiction that a court may exercise over an out-of-state defendant. Understand also that this is a lease. [21-5025] [Entered: 03/11/2021 03:45 PM]. "The party challenging the clause bears a 'heavy burden of proof.'" 2007). LaCross v. Knight Transportation, Inc., 95 F. Supp. The court granted class certification for: All current and former individuals, to the extent they performed transportation services for John Christner Trucking within California, who entered into an independent contractor operator agreement with JCT, entered into a lease agreement with either JCT or Three Diamond Leasing, and were classified as independent contractors. You do not have to pay the attorneys who represent the Class Members. You may also withdraw your objection in writing by mailing a withdrawal statement to the Court and counsel for the parties postmarked no later than Monday, October 17, 2022, orally at the Final Approval Hearing, or as otherwise ordered by the Court. Court for W. Dist. Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). Copyright 2023 Land Line Magazine & Land Line Now. 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. See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. This Settlement is a compromise and is not an admission of liability on the part of Defendant. 2011). Plaintiff bears the burden of showing that venue is proper. 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. JCT contracted with Huddleston (a California resident) to pick up and drop off cargo in California, which is enough to satisfy the test. Because the parties' private interests should not be considered, the district court may consider only arguments about public-interest factors. 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. 1 : UPS Inc. Seventh, Oklahoma is available as an alternative forum. it must be reasonable." [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. Id. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. Huddleston does not allege that he was prevented from reading the IOCA, misled about the effect of the forum-selection clause, or that the clause was fraudulently inserted without his knowledge. Long hours and little pay: Lawsuit claims local trucking company Team Leader in Settlement Services #219682 - linkedin.com "We are proud to partner with WorkAdvance and provide Tulsans with employment opportunities," said Angie Buchanan, vice president of Melton Truck Lines. 5:15CV81, 2016 WL 1559176, at *5 (W.D. Hirschbach to Acquire John Christner Trucking | Transport Topics P. 4(k)(1)(A). John Christner Trucking, L.L.C. In support of its motion to dismiss, JCT submits, inter alia, a declaration from Shannon Crowley, Vice President of Risk Management. Certificate of Interested Parties: Yes. Hirschbach Motor Lines acquires John Christner Trucking Company Contact Info John Christner Trucking LLC 19007 W Highway 33 Sapulpa, OK 74066 918-227-1600 918-248-3085 Cargo Hauled by John Christner Trucking LLC Fresh Produce General Freight Meat Refrigerated Food If you have money saved in your account or money they owe you for loads you have delivered they will pay . This constitutes some purposeful injection into California and supports the reasonableness of the exercise of personal jurisdiction over JCT. The Court disagrees. Working at John Christner Trucking: 135 Reviews in US - Indeed THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. 7. Huddleston I, slip. 2d 204, 213 (W.D.N.Y. The combined revenue of both companies will exceed $1 billion and will propel Hirschbach to be one of the nation's largest refrigerated carriers. Id. Hirshbach buys John Christner Trucking, boosts its reefer carrier ranking Have you been screwed by John Christner Trucking yet? You will if you The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. Reply at 6-8. Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. ECF No. According to the motion, relators and the real parties in interest, Michael Ladd, Christopher Ladd, and Stephen Bryson, as next friend of his minor son E.B., have reached a settlement agreement that will resolve their claims in the underlying lawsuit and the issues . [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], Docket[10817929] Acknowledgment of transcript order filed by Thomas Huddleston. shall be governed by the provisions of the law in New York." 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. 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. Case information including a copy of the complaint can be found here . R. Civ. We have the right trucks, the right freight, and the right people. Huddleston v John Christner Trucking | 21-5025 | Court Records - UniCourt Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. 4:17-CV-06257 | 2017-10-29, U.S. District Courts | Personal Injury | With combined revenues expected to exceed $1 billion annually, the reefer conglomerate will operate more than 3,000 trucks and . Hirschbach, based in Dubuque, Iowa, is a privately owned carrier . 10 West Market Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 637-1777 Facsimile: (317) 687-2414 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. JCT also argues for transfer to the Northern District of Oklahoma pursuant to 28 U.S.C. 4:17-cv-00549-GKF-CDL). 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. Va. Apr. Last name. On average, employees at John Christner Trucking stay with the company for 2.3 years. As to the ICOA, he testifies that when he was in Oklahoma for orientation, he was told that the ICOA was nonnegotiable, was told that it was offered on a take-it-or-leave-it basis, and that the forum-selection clause and its effects were never explained to him. [21-5025] [Entered: 03/24/2021 02:58 PM], Docket[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 'but for' test preserves the requirement that there be some nexus between the cause of action and the defendant's activities in the forum." JCT moves to dismiss based on lack of personal jurisdiction and improper venue or, in the alternative, to transfer the case to the Northern District of Oklahoma, the forum specified in the forum-selection clause of the contract between the parties. (California Class 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, and (3) were classified as independent contractors. Response date set to 04/14/2021 for Michelle S. Lim. 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 .