The purposeful direction test requires satisfaction of all three prongs of the Supreme Court's effects test from Calder v. Jones, 465 U.S. 783, 789-90 (1984). In essence, the lawsuit alleges JCT made false representations about its lease purchase program and concealed material facts. Served on 03/24/2021. You will if you sign a lease! Id. Once the plaintiff carries this burden, the defendant must come forward with a "compelling case" that the exercise of jurisdiction would not be reasonable. 2007) (citing Murphy, 362 F.3d at 1141; E.J. ECF No. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. Walden v. Fiore, 134 S. Ct. 1115, 1121 (2014) (citation omitted). [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). The settlement administrator will determine all Individual Settlement Amounts based on Defendants records of the weeks worked by Class Members. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. Cal. | All Rights Reserved. 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." Richards v. Lloyd's of London, 135 F.3d 1289, 1297 (9th Cir. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] 4:17-cv-00549-GKF-CDL) and is currently scheduled for trial in 2021. 0. 752, et seq. Issued on 04/27/2021. Purposeful availment is not enough; the claims in this case must also arise out of FCT's contacts with California. The ICOA states that the ICOA itself "shall be interpreted in accordance with, and governed by, the laws of the United States and, of the State of Oklahoma," without applying a choice-of law analysis. Last year's revenues were $185 million, and the company expects to reach $200 million this year. July 12, 2013). This website is designed and maintained by the Settlement Administrator for the lawsuit known as Huddleston v. John Christner Trucking, LLC . Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. A federal judge in Oklahoma approved separate class certifications for more than 3,000 truck drivers in a misclassification lawsuit against John Christner Trucking. Under California's long-arm statute, courts may exercise personal jurisdiction "on any basis not inconsistent with the Constitution of this state or of the United States." Public-interest "factors will rarely defeat a transfer motion, [meaning that] the practical result is that forum-selection clauses should control except in unusual cases." . The purposeful-direction requirement is satisfied. "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." (internal quotation marks omitted)). R. 33.1, order filed by (CLK) extending time to file first brief on cross-appeal and appendix until 07/07/2021 for John Christner Trucking, LLC. JCT argues that because it is an Oklahoma corporation that holds its driver orientations in Oklahoma and bases its drivers' compensation on miles traveled nationwide, not merely in California, it "never directed its actions at California," and the second prong is left unsatisfied. Opp. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. at 1125. The Crowley declaration includes as an exhibit a copy of the "Independent Contractor Operating Agreement" ("ICOA") that Huddleston signed. Served on 03/24/2021. Feb 17, 2022. 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. 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." There are two kinds of personal jurisdiction that a court may exercise over an out-of-state defendant. When venue is challenged, the court must determine whether the case falls within one of the three categories set out in the general venue statute, 28 U.S.C. This rating has decreased by -4% over the last 12 months. 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | England Case $37,800,000 Settlement Concluded; Refusal to Drive Unsafe Truck - Driver Awarded $55k; Franchisor's Non-competition Injunction Denied. Iskanian v. CLS Transp. 2004). "The party challenging the clause bears a 'heavy burden of proof.'" Line, Inc. v. Wartsila N. LaCross v. Knight Transportation, Inc., 95 F. Supp. 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. JCT leases facilities in Phoenix, Arizona, and Oklahoma City, Oklahoma. Farm Credit W., PCA v. Lanting, No. The policies at issue may have their origin in Oklahoma, but JCT's decision to purposefully direct its activities toward California and apply those policies in this forum give rise to specific personal jurisdiction. 2002). According to Crowley, JCT does not own or lease any property in California, except for one drop yard it leases in Colton, California. Bancroft & Masters, Inc. v. Augusta Nat. This prong may be satisfied by "purposeful availment of the privilege of doing business in the forum; by purposeful direction of activities at the forum; or by some combination thereof." Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. Last name. If a defendant challenges the existence of personal jurisdiction, the plaintiff bears the burden of establishing the district court's personal jurisdiction over the defendant. 10. Opp. Category: Trucking Companies. 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. 2011). In 2020, United States District Court Judge Gregory Frizzell certified a nationwide class of drivers for a claim that JCT violated Oklahomas consumer protection law in selling the lease program utilizing alleged misrepresentations and concealing material facts. The settlement administrator will notify you of the decision on the dispute. 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."). Cases involving labor standard violations, Fair Labor Standards Act (FLSA) - 29 USC 201, [10826612] On the court's own motion and pursuant to 10th Cir. As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. Mot. Preliminary record filed. (Text Only - No Attachment). No. Holliday, 2010 WL 3910143, at *3-*4. JCT Media Center. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. According to court documents, John Christner Trucking is a for-hire motor carrier that provides trucking services nationwide and relies, in part, on drivers who operate trucks leased from its company, Three Diamond Leasing. 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. Sep. 27, 2017). If you have questions about this Notice, or the Settlement, or if you did not receive this Notice in the mail and you believe that you are or may be a Class Member, you should contact Class Counsel or the Settlement Administrator.This Notice is only a summary. Id. Aug. 13, 2014). The original complaint alleged that truck drivers for the Sapulpa, Okla.-based company often worked 70-100 hours per week while being paid less than $500. "'Overreaching' is a ground 'short of fraud,' and a mere showing of 'non-negotiability and power difference' does not render a forum selection clause unenforceable." This Notice explains your right to share in the monetary proceeds of this Settlement, exclude yourself (opt out) of the Settlement, or object to the Settlement. Apr. 2d 204, 213 (W.D.N.Y. DATE RECEIVED: 03/11/2021. First, the forum-selection clause in Ronlake provided that the agreement "and all issues regarding the rights and obligations of the Members, the construction, enforcement and interpretation hereof . Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. 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. Defendant further denies that it misled any Class Member about its lease operator program. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. 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. This field is for validation purposes and should be left unchanged. INTRODUCTION Join to connect John Christner Trucking, LLC. ." Seventh, Oklahoma is available as an alternative forum. 1391. OF INTERESTED PARTIES: y. 1995). 2006)). The lawsuit was filed in 2017. [21-5025] [Entered: 04/14/2021 04:43 PM], [10822463] Attorney Mr. David C. Leimbach for Thomas Huddleston admitted to the bar of this court. Any disputes must be postmarked by Saturday, September 24, 2022, and should be mailed to Huddleston v. JCT Settlement Administrator, P.O. 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." Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). [21-5025] [Entered: 04/14/2021 04:43 PM], Docket[10822463] Attorney Mr. David C. Leimbach for Thomas Huddleston admitted to the bar of this court. This rating has decreased by -4% over the last 12 months. [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. (Text Only - No Attachment). The Oklahoma class, specifically, claimed that the trucking companys marketing practices violated the Oklahoma Consumer Protection Act and the Oklahoma Business Opportunity Sales Act. 3d at 1207 n.6. 206, et seq. JCT's setting employment policies and wages is an "intentional act" that satisfies the first prong, and applying them in the forum state likewise satisfies the third prong. Manner of Service: email. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. ; all claims for deceptive and unfair trade practices under the Oklahoma Consumer Protection Act, 15 Okla. Stat. Marcotte v. Micros Sys., Inc., No. 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." 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. 8:20-CV-00421 | 2020-10-14, U.S. District Courts | Contract | John Christner Trucking, LLC: Case Number: 4:2017cv00549: Filed: September 28, 2017: Court: US District Court for the Northern District of Oklahoma: Office: . This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Tenth Circuit. John Christner Trucking 19007 W Hwy 33 Internet United States of America. GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. (citing Carnival Cruise Lines, 499 U.S. at 595. The classes consist of more than 3,000 truck drivers in the California Work Class and the Oklahoma class. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], [10825412] Filed notice record is complete. 2011). Manner of Service: email. 1391 (d). at 1138. See Dole Food Co. v. Watts, 303 F.3d 1104, 1114 (9th Cir. M/S Bremen, 407 U.S. at 1. For the foregoing reasons, the Court GRANTS IN PART Defendant's Motion To Dismiss Or, In The Alternative, To Transfer Venue, and ORDERS this case TRANSFERRED to the Northern District of Oklahoma for all further proceedings. 74] of the defendant, John Christner Trucking, LLC ("JCT"). John Christner Trucking has 500 employees. at 581 n.6 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 241 n.6 (1981) (internal quotation marks omitted)). Scam Internet. There is nothing to indicate that the provision was the product of undue influence or overreaching. John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. 30-31, Ex. John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). If you do not agree with these terms, then do not use our website and/or services. Opp. (citing Iskanian for the proposition that representative PAGA claims may be brought in forums other than California state courts). The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. Cal. 410.10 (2004). M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972). A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. ; statutory penalties, civil penalties under PAGA, California Labor Code 2699 et seq., all claims for constructive fraud and negligent misrepresentation; and all claims for unjust enrichment (Released Claims). 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. Co., 417 F.3d at 357. John Christner Trucking LLC Sapulpa, OK. Quick Apply. See Atl. Whether JCT violated the California Labor Code and Wage Orders will be answered not by looking to the ICOA but instead by the statutes and regulations governing Huddleston's claims. As a part of this settlement, Defendant has also agreed to release Class Members that are former drivers as of the date of final approval from all known and unknown monetary claims. Fill out the form below to receive a free and confidential initial consultation. . Mot. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." "'[A] party challenging enforcement of a forum selection clause may not base its challenge on choice of law analysis.'" Iowa-based Hirschbach Motor Lines has acquired John Christner Trucking, a refrigerated carrier based in Sapulpa. Manner of Service: email. ECF No. 1999), or that it is the "best" venue. "Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin." 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." Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). [21-5025] [Entered: 03/12/2021 05:19 PM], [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. Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. Adjust the GREEN FIELDS below. A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." Select SOLO DRIVER or TEAM DRIVER. John Christner was great at first and then milege saving came to be the normal no matter the load and route drivers lose 100+ miles per load sometimes as high as 200. Lease and other payments you end up with about $1000 on 3000 mile wk. Cal. Perry, 2011 WL 4080625, at *5. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], Docket[10817929] Acknowledgment of transcript order filed by Thomas Huddleston. "[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." Ronlake v. US-Reports, Inc., No. Understand also that this is a lease. 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). 10 ("Opp. at 11-12. . Plaintiff Thomas Huddleston brings this wage-and-hour putative class action lawsuit against defendant John Christner Trucking, LLC ("JCT"). The touchstone for asserting specific jurisdiction over a nonresident defendant is "the relationship among the defendant, the forum, and the litigation." C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. For tax reporting purposes, all Individual Settlement Amounts will be reported on an U.S. Internal Revenue Service (IRS) 1099 Form. Feb. 6, 2012). . Submit. [21-5025] [Entered: 04/20/2021 09:24 AM], Docket[10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. Cal. Huddleston Decl. In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. Atl. Plaintiff and Class Participants should consult with their own tax advisors concerning the tax consequences of the Settlement based on their Individual Settlement Amount. Danny had originally joined JCT to take care of some odds and ends, but is now COO of John Christner Trucking. at 581-82. John Christner Trucking, LLC, No. [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. 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." It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. R. 33.1, order filed by (CLK) extending time to file first brief on cross-appeal and appendix until 07/07/2021 for John Christner Trucking, LLC. This constitutes some purposeful injection into California and supports the reasonableness of the exercise of personal jurisdiction over JCT. 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. Id. ROBERTO BALDERRAMA vs. JOHN CHRISTNER TRUCKING, JACQUELINE BRADFORD, Ordosgoitti v. Werner Enterprises, Inc. et al, Chandler et al v. Craters & Freighters Franchise Company, Beissel et al v. Western Flyer Express, LLC, Board of Education of Yukon Oklahoma Public Schools v. SYSCO USA II, LLC, Seay et al v. Oklahoma Board of Dentistry et al, Seay, et al v. Oklahoma Board of Dentistry, et al. John Christner Trucking adds 800 trucks to the Hirschbach fleet. Parts Coordinator. at 581. Do yourself a favor and keep looking. We have the right trucks, the right freight, the right people. CERT. [a] forum [selection] clause should control absent a strong showing that it should be set aside." [21-5025] [Entered: 03/15/2021 11:58 AM], [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. Id. Id. 12-CV-06133-LHK, 2014 WL 3962647, at *4 (N.D. Cal. Dubuque, Iowa-based Hirschbach Motor Lines announced the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Plaintiff, v. JOHN CHRISTNER TRUCKING, LLC, Defendant. "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." (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. Discussion in 'Report A BAD Trucking Company Here' started by GipsySoul, Sep 26, 2012. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. [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). Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. Federal judges approved separate class certifications for divers in Oklahoma and California. John Christner Trucking, L.L.C. Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. See, e.g., Brandi v. Belger Cartage Serv., Inc., 842 F. Supp. Huddleston has also presented a prima facie case under the purposeful availment test. Sixth, a California forum is important to Huddleston's interest in convenient relief, since he is a resident of and works in this forum and has averred that traveling to Oklahoma to litigate this case would present a burden. 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." at 18. Issued on 04/27/2021. [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. 10-1, Huddleston Decl. CERT. Our . shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . 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. First name. Email. The California resident claims he routinely. Co, 134 S.Ct. 1998) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 518 (1974)) (emphasis in original). Response date set to 04/14/2021 for David C. Leimbach. at *3-*4 and thus had broader reach than the choice-of-law provision in the ICOA here. ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." at 24. 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." JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. 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. Mot. Though only a quarter of the loads with pick-ups or drop-offs in California occurred within the Eastern District, that is enough to satisfy the requirement that a "substantial" portion of the events giving rise to the suit arise in the District, "even if a greater part of the events occurred elsewhere." C 12-03959 WHA, 2012 WL 6087399, at *4 (N.D. Cal. Job Summary The Parts Coordinator is responsible for taking parts order, dealing one-on-one with mechanics and drivers. Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. For the precise terms and conditions of the Settlement, please see the Joint Stipulation of Settlement and Release of Class and Collective Action available in the documents section of this website, contact Class Counsel toll-free at (800) 689-0024, or access the Court docket in this case, for a fee, through the Courts Public Access to Court Electronic Records (PACER) system at https://ecf.oknd.uscourts.gov/. 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. The first, known as "general jurisdiction," exists if the defendant's contacts with the forum are "so substantial and of such a nature as to justify suit against it on causes of action arising from dealings entirely distinct from those activities." 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. This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] 3:21-CV-01669 | 2021-07-20, Dallas County District Courts | Personal Injury | When a case concerns enforcement of a forum-selection clause, 1404(a) provides a mechanism for its enforcement and "a proper application of section 1404(a) requires that a forum-selection clause be given controlling weight in all but the most exceptional cases." JCT also argues for transfer to the Northern District of Oklahoma pursuant to 28 U.S.C. The Court will hold a Final Approval Hearing on October 31, 2022 at 10:30 a.m. before the Honorable Gregory K. Frizzell at U.S District Court for the Northern District of Oklahoma. The lawsuit also claimed that it wasn't uncommon for drivers to receive negative paychecks. See Leroy v. Great W. United Corp., 443 U.S. 173, 180 (1979) ("The question of personal jurisdiction, which goes to the court's power to exercise control over the parties, is typically decided in advance of venue, which is primarily a matter of choosing a convenient forum."). 2007). See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. 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. We have the right trucks, the right freight, and the right people. JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. 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." So basically they give you older trucks with almost 500k miles. Why one international organization is joining the fight. Atlantic Marine Const. (10/24/19 Mot hrng & 12/09/20 Sched conf.). 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 .