"[U]ncontroverted allegations must be taken as true, and conflicts between parties over statements contained in affidavits must be resolved in the plaintiff's favor." 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. Id. 21% of John Christner Trucking employees are women, while 79% are men. John Christner Trucking Reviews - Glassdoor Huddleston I, slip op. Opp. However, under certain circumstances, public policy considerations may lead to non-enforcement of an otherwise valid forum selection clause: Huddleston argues that enforcement of the forum-selection clause would operate in tandem with the choice-of-law provision to apply Oklahoma law to his claims and "result in a wholesale waiver of all state wage and hour remedies." Sign up for our weekly newsletter today! ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. The touchstone for asserting specific jurisdiction over a nonresident defendant is "the relationship among the defendant, the forum, and the litigation." 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. 1404 and the forum-selection clause. 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. The forum-selection clause here, as discussed above, uses broader language that does cover claims brought "in connection with" the employment relationship, even if they do not rely on interpretation of the ICOA itself. Id. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. 12 ("Reply"). Certificate of Interested Parties: No. Email. Co., Inc. v. U.S. Dist. Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding. Popular Searches. Here, in contrast, the forum-selection clause is not limiting any remedies that would otherwise be available to the government or removing the case from the courts completely; instead, it merely "alters which specific court will hear those claims." John Christner Trucking, L.L.C. (internal quotation marks omitted)). [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. at 919. 2002). 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. John Christner Trucking, LLC, N.D. Oklahoma (Case No. 10-1, Huddleston Decl. See id. This factor primarily concerns "where the witnesses and the evidence are likely to be located." Have you been screwed by John Christner Trucking yet? You will if you 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. This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. Briefly: Hirschbach completes acquisition of John Christner Trucking Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. John Christner Trucking adds 800 trucks to the Hirschbach fleet. [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. 1998) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 518 (1974)) (emphasis in original). 1. See 28 U.S.C. Hirschbach builds national footprint through M&A (Photo: Hirschbach) Refrigerated carrier Hirschbach announced Wednesday the acquisition of John Christner Trucking (JCT). 5:15CV81, 2016 WL 1559176, at *5 (W.D. Attorney Cottrell, Carolyn H. added. at 582. Though JCT's corporate documents and witnesses likely will be located in Oklahoma, Huddleston and other members of the California class likely will be located in California. Atl. at 13-14 (emphasis in original). 10-cv-02049 (WHA), 2010 WL 4569873, at *2-3 (N. D. Cal. One (1) settlement share for each FLSA Workweek. 2d 1262, 1269 (W.D. 14-CV-05530-WHO, 2015 WL 899294, at *3-4 (N.D. Cal. Hirschbach Motor Lines recently agreed to acquire John Christner Trucking (JCT), a refrigerated carrier based in Sapulpa, Oklahoma. Second, litigating in California would impose some burden on JCT, but because "modern advances in communications and transportation have significantly reduced the burden of litigating in another [jurisdiction]," Sinatra v. Nat'l Enquirer, Inc., 854 F.2d 1191, 1199 (9th Cir. john christner trucking Inc. John Christner Trucking. CERT. 3:21-CV-01669 | 2021-07-20, Dallas County District Courts | Personal Injury | Why is this public record being published online? 8. Who are the attorneys representing Plaintiff and the Class Members? Perry, 2011 WL 4080625, at *5. Huddleston has submitted no evidence of court congestion particular to Oklahoma as opposed to California. 1 at 18. He also asserts that the power differential between himself and JCT, the inability to negotiate the contract, and his lack of advanced formal education all work to render the provision a product of overreaching. Huddleston Decl. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. 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. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. 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 . Huddleston has also presented a prima facie case under the purposeful availment test. 4:17-cv-00549-GKF-CDL). 410.10 (2004). "); Turner v. Syfan Logistics, Inc., No. The Court concludes that the forum selection clause of the ICOA is valid and enforceable. You do not take home any money. Federal judges approved separate class certifications for divers in Oklahoma and California. 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. You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. Mot. Class Counsel will be paid from the Gross Settlement Amount of $9,250,000.00. 10 ("Opp. 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." LaCross v. Knight Transportation, Inc., 95 F. Supp. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). [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. John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . This website is designed and maintained by the Settlement Administrator for the lawsuit known as Huddleston v. John Christner Trucking, LLC . JCT argues that neither general nor specific personal jurisdiction exists here. Leaked News! John Christner Trucking Just Sold To Hirschbach - YouTube M/S Bremen, 407 U.S. at 1. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Make your practice more effective and efficient with Casetexts legal research suite. In contract cases, courts generally apply the purposeful availment test, while in tort cases they use the purposeful direction analysis. Phone: 8003241900. You make about $3600 per week. Adjust the GREEN FIELDS below. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199 (9th Cir. Defendant is represented by the following attorneys: Christopher J. EckhartAngela S. CashKaren B. ReisingerSCOPELITIS, GARVIN, LIGHT,HANSON & FEARY, P.C.10 West Market Street, Suite 1400Indianapolis, IN 46204Telephone: (317) 637-1777Facsimile: (317) 687-2414, Bobby L. Latham, Jr.James L. ColvinLATHAM WAGNER STEELE LEHMAN1515E. We have the right trucks, the right freight, and the right people. 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." Served on 04/27/2021. In contract cases, the Ninth Circuit inquires whether a defendant "purposefully avails itself of the privilege of conducting activities" or "consummate[s] [a] transaction" in the forum, focusing on activities such as delivering goods or executing a contract. Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. JCT Media Center. R. Civ. 8:20-CV-00421 | 2020-10-14, U.S. District Courts | Contract | 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. Huddleston v. John Christner Trucking, LLC: ERRATA/CORRECTION (Re: 269 Following redistribution, any unclaimed monies will be paid to Legal Services Corporation. Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. 17-cv-02081-RS ("Huddleston I"), slip op. CV 05-4928-NM EX, 2006 WL 8074721, at *3 (C.D. Leaked News! Any and all claims, demands, causes of action, charges, and grievances, of whatever kind or nature, whether known or unknown, suspected or unsuspected, which Plaintiff and the Class Members now own or hold or have at any time before the Effective Date owned or held against Defendant or any of the Released Parties and which arose out of, are in any way connected to, or that were made or could have been made based on the facts, theories, and claims pled in Plaintiffs Class and Collective Action Complaint (Complaint). 12. Management. Narayan, 616 F.3d at 897; see also id. [21-5025] [Entered: 03/11/2021 03:45 PM], Dallas County Texas Courts | Personal Injury |
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