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at 319. 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. They say lease purchase but you have to lease for 5 yrs before u can own it. The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. While the contracts will likely be used as evidence to prove or disprove the statutory claims, the claims do not arise out of the contract, involve the interpretation of any contract terms, or otherwise require there to be a contract."). [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. Marine Const. OF INTERESTED PARTIES: n. Served on 03/12/2021. [21-5025] [Entered: 03/15/2021 11:58 AM], Docket[10814928] Entry of appearance filed by Michael J Blaschke, Mr. Robert S. Boulter, Ms. Carolyn H. Cottrell, Mr. David C. Leimbach, Ms. Michelle S. Lim and Ms. Rachel Lawrence Mor for Thomas Huddleston. JCT is big enough to offer all you need to be successful but we're small enough to know you by name. Id. Fourth, the interest of the forum state is great, because California has a strong interest "in protecting its citizens from the wrongful acts of nonresident defendants." Cal. After deductions of these amounts, what remains of the Gross Settlement Amount, or the Net Settlement Amount, will be available to pay monetary Individual Settlement Amounts to (i) Plaintiff; and (ii) Class Members who do not opt out of the Settlement (collectively, Class Participants). 2002). 11-cv-2009 (LJO)(MJS), 2012 WL 393614, at *4 (E. D. Cal. Preliminary record filed. M/S Bremen, 407 U.S. at 18. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. at 8. Gulf Ins. 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. In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. Huddleston does not exclusively bring California claims; the Complaint also contains four causes of action under Oklahoma law, and in any case, "federal judges routinely apply the law of a State other than the State in which they sit." 1406(a), which provides that "[t]he district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought." John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. at 8. [21-5023, 21-5025] [Entered: 03/25/2021 08:56 AM], Docket[10817559] Entry of appearance filed by Adam Carl Smedstad, James Anthony Eckhart, Mrs. Angela Stemle Cashand Christopher Eckhart for John Christner Trucking, LLC. it must be reasonable." Finally, one place to get all the court documents we need. Id. Huddleston asserts that while JCT representatives outlined certain provisions of the ICOA prior to his signing it, he was unaware of the forum-selection clause and its implications. 2015). Joint Stipulation of Settlement Agreement and Release of Class and Collective Action, This website is designed and maintained by the Settlement Administrator for thelawsuit known as, Huddleston v. John Christner Trucking, LLC, Joint Stipulation of Settlement and Release of Class and Collective Action, All papers filed by Class Counsel to obtain preliminary and final approval of the Settlement Agreement. Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. JOHN CHRISTNER TRUCKING, LLC, Defendant. Opp. Id. at 582. Ziegler v. Indian River County, 64 F.3d 470, 475 (9th Cir. "); Turner v. Syfan Logistics, Inc., No. 14-CV-05530-WHO, 2015 WL 899294, at *3-4 (N.D. Cal. Defendant further denies that it misled any Class Member about its lease operator program. When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. 5:16-CV-01221 | 2016-10-21, U.S. District Courts | Intellectual Property | 1993) holding modified by Yahoo! Ronlake v. US-Reports, Inc., No. JCT responds that only three of the twenty-five loads that Huddleston performed had pick-ups or deliveries that took place within this district and that in any case, the classification decisions giving rise to this suit took place at JCT's corporate headquarters in Oklahoma and not in California at all. [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. "[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." Atl. For tax reporting purposes, all Individual Settlement Amounts will be reported on an U.S. Internal Revenue Service (IRS) 1099 Form. 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. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. Good lease to make money. Issued on 04/27/2021. Served on: 03/25/2021. 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. Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. 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. at 6-7 (N.D. Cal. You pay about $1000 week for lease with good miles. Co., Inc. v. U.S. Dist. LaCross, 95 F. Supp. John Christner Trucking insights Based on 104 survey responses Areas for improvement Fair pay for job Trust in colleagues Sense of belonging One of the worst company to work for trcuk driver (Former Employee) - Sapulpa, OK - September 7, 2020 Attention attention avoid this company at all cost. If at the conclusion of the 180-day void period, there are any uncashed checks, the settlement administrator will redistribute those monies to Class Participants who did cash their checks. shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . You make about $3600 per week. b. 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." Cal. 3:21-CV-01669 | 2021-07-20, Dallas County District Courts | Personal Injury | 2015); Robles, 2015 WL 1530510, at *4. Served on 03/24/2021. 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. Cal. 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. If you have money saved in your account or money they owe you for loads you have delivered they will pay . at 24. 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." . Huddleston has submitted no evidence of court congestion particular to Oklahoma as opposed to California. In essence, the lawsuit alleges JCT made false representations about its lease purchase program and concealed material facts. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. 4:20-CV-00638 | 2020-12-07, U.S. District Courts | Contract | 2006)). 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. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1073 (9th Cir. "Courts in the Ninth Circuit have generally agreed that the choice-of-law analysis is irrelevant to determining if the enforcement of a forum selection clause contravenes a strong public policy." The lawsuit also claimed that it wasn't uncommon for drivers to receive negative paychecks. This rating has decreased by -4% over the last 12 months. Atlantic Marine Const. Id. "We are impressed with the customized technical . at 20. Fifth, the question of efficient judicial resolution is neutral. [21-5025] [Entered: 03/15/2021 12:17 PM], Docket[10815131] Admissions letter sent. ICOA 23. [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. at 919. Please do not contact the court. 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." GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. The lawsuit was filed in 2017. at 18. IT IS SO ORDERED. John Christner Trucking Just Sold To Hirschbach Trucking 5 Min Ago Grab some Mutha Trucker Gear@ https://theasianmaishow.com/ For information . JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. Cal. See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. Attorney Cottrell, Carolyn H. added. Personal Jurisdiction. 2015). C. Forum-Selection Clause And 28 U.S.C. The Court disagrees. Thus, Huddleston need not show that the Eastern District of California has the most substantial relationship to the dispute, Kirkpatrick v. Rays Group, 71 F. Supp. 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. My experience working at John Christner Trucking was a good experience. at 581-82. Narayan, 616 F.3d at 897; see also id. Thumbnails Document Outline Attachments Layers.