A trucker has been awarded $500,000 after being unlawfully detained while making a 2019 delivery in California. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], [10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Enforceability Of Forum-Selection Clause. 1404 and the forum-selection clause. 4:20-CV-00638 | 2020-12-07, U.S. District Courts | Contract | R. Civ. 3d at 1207 n.6. 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). (Text Only - No Attachment). . The most common ethnicity at John Christner Trucking is White (66%), followed by Hispanic or Latino (11%) and Black or African American (10%). 2006). 10-1, Huddleston Decl. 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." Being primarily a FLSA case, JCT contends, "[i]t cannot be said that JCT's California operations made the FLSA claim (or Oklahoma state claims) uniquely possible." [21-5025] [Entered: 04/27/2021 08:32 AM], [10823665] Minute order filed - Notice due that record is complete by 04/27/2021 for Mark C. McCartt, Clerk of Court (oclk). In a case not involving a forum-selection clause, a district court considering a Section 1404(a) motion would evaluate both the convenience of the parties and various public interest considerations. 14-CV-05530-WHO, 2015 WL 899294, at *3-4 (N.D. Cal. 2010))). Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. The plaintiff bears the burden of satisfying the first two prongs of the test. 206, et seq. If you mail a written objection, you may also, if you wish, appear at the Final Approval Hearing to discuss your objection with the Court and the parties. Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. Nov. 4, 2010); Ronlake v. US-Reports, Inc., No. at 319. "The scope of the claims governed by a forum selection clause depends [upon] the language used in the clause." Attorney Cottrell, Carolyn H. added. 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. 1337, 1341-42 (D. Kan. 1994) ("[G]iven the nationwide nature of Professional's transportation brokerage service, it should certainly have foreseen the possibility of litigation arising in a state through which it had arranged for the shipment of goods. 1998). 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." [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). Updated May 4, 2022. 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." The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. The opinion in Waffle House was fairly narrow and distinguishable from the facts here. . The settlement administrator will total the number of settlement shares for all Class Participants; the resulting sum will be divided into the Net Settlement Amount to reach a per share dollar figure. Manner of Service: email. at 581 n.6 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 241 n.6 (1981) (internal quotation marks omitted)). 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. The combined revenue of both companies will surpass $1 billion and propel . The trucking company also contended that the state labor laws in Oklahoma, not California, govern the alleged employment relationship between Huddleston and John Christner Trucking. In contract cases, courts generally apply the purposeful availment test, while in tort cases they use the purposeful direction analysis. Pros. See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. Cal. This factor does not weigh against transfer. Robles v. Comtrak Logistics, Inc., No. Finally, one place to get all the court documents we need. 752, et seq. The "only issue" before the Supreme Court in Waffle House was "whether the fact that [an employee] has signed a mandatory arbitration agreement limits the remedies available to the EEOC." at 20. Good lease to make money. Select SOLO DRIVER or TEAM DRIVER. 2012 WL 393614, at *1 (emphasis supplied). LaCross v. Knight Transportation, Inc., 95 F. Supp. at 582. The case status is Pending - Other Pending. (citing Holliday, 2010 WL 3910143, at *4). 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. A federal judge in Oklahoma approved separate class certifications for more than 3,000 truck drivers in a misclassification lawsuit against John Christner Trucking. . [21-5023, 21-5025] [Entered: 03/25/2021 08:56 AM], [10817559] Entry of appearance filed by Adam Carl Smedstad, James Anthony Eckhart, Mrs. Angela Stemle Cashand Christopher Eckhart for John Christner Trucking, LLC. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. Served on 03/24/2021. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. Ziegler v. Indian River County, 64 F.3d 470, 475 (9th Cir. B. Forum-selection clauses are also scrutinized for "fundamental fairness," and may be deemed unfair if inclusion of the clause was motivated by bad faith, or if the party had no notice of the forum provision. John Christner Trucking, LLC, No. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Tenth Circuit. it must be reasonable." at 581. "Although a FLSA claim for relief ostensibly arises from an employment contract, courts have likened FLSA claims to tort claims and have applied the purposeful direction standard." Manner of Service: email. Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse. shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . But after fuel. Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. 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. Christner got his start in trucking in the 1960s hauling produce from California and returning to the coast with juice or meat, and this is still the core of what JCT does today. Preliminary record filed. C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. Opp. 5-1, Crowley Decl. As such, the Class Participants understand and agree that they are providing the Released Parties with a full and complete release with respect to the Released Claims. Inc., 223 F.3d 1082, 1088 (9th Cir. "Even though the defendant's headquartersfrom which the challenged policies originatedwere located outside of California, jurisdiction was still proper based on the application of the policies to the company's activities in this state." 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. The combined revenue of both companies will exceed $1 billion and will propel Hirschbach to be one of the nation's largest refrigerated carriers. | All Rights Reserved. In support of its motion to dismiss, JCT submits, inter alia, a declaration from Shannon Crowley, Vice President of Risk Management. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. According to the complaint, Huddleston worked as an "owner-operator" for JCT until August 2016. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). Submit. Id. 28 U.S.C 1404(a) provides that "[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." 5) I. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], [10817921] Docketing statement filed by Thomas Huddleston. at 8. Web: www.johnchristner.com. JCT keeps all company records at its Oklahoma headquarters and dispatches drivers from there. Any disputes must be postmarked by Saturday, September 24, 2022, and should be mailed to Huddleston v. JCT Settlement Administrator, P.O. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. The failure to submit a written objection as a prerequisite to appearing in court to object to the settlement may be excused upon a showing of good cause. Co., 417 F.3d at 357. 5-3, Huddleston v. John Christner Trucking, LLC, No. 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."