at 7. CERT. Here you can view your weekly settlements, insurance and contracts. [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. M/S Bremen, 407 U.S. at 18. 752, et seq. Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. Co. v. Glasbrenner, 417 F.3d 353, 356 (2d Cir. Because the state of California is the real party in interest in this "quasi-administrative enforcement action," Huddleston argues, the state has a strong interest in having the case litigated at home. Case Details Parties Documents Dockets Case Details Case Number: 21-5025 Filing Date: If you would like additional information or have any non-legal questions, please contact the Huddleston v. JCT Settlement Administrator: Huddleston v. JCT SettlementAdministratorP.O Box 10269Tallahassee, FL 32302-2269 claims@ssiclaims.com(855) 458-3918, This website is designed and maintained by the Settlement Administrator for thelawsuit known as Huddleston v. John Christner Trucking, LLC. shall be governed by the provisions of the law in New York." JCT Logistics Team Executive Team VP of Brokerage Operations Cory J. Manzi Direct: 918-347-2370 corymanzi@jctlogistics.com VP of Account Management Dustin Byrd Direct: 918-347-2344 dustinbyrd@jctlogistics.com LEADERSHIP TEAM East Loren Benjar Direct: 918-347-2353 LorenBenjar@jctlogistics.com Central Hilda Aviles Direct: 918-347-2372 Cal. . [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. 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." 4:17-CV-06257 | 2017-10-29, U.S. District Courts | Personal Injury | (citing Holliday, 2010 WL 3910143, at *4). 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. The 19 causes of action in the lawsuit: 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. According to Crowley, JCT does not own or lease any property in California, except for one drop yard it leases in Colton, California. 2000). Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. "); Turner v. Syfan Logistics, Inc., No. 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). [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. 12, which he asserts is substantial enough that he "may not be able to maintain his claim if forced to do so in Oklahoma," Opp. Manetti-Farrow, Inc. v. Gucci Am., Inc., 858 F.2d 509, 513 (9th Cir. It also leases "drop yards" in locations throughout the United States, which are used for parking and staging trailers. 2006). In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. Rather, "for venue to be proper, significant events or omissions material to the plaintiff's claim must have occurred in the district in question, even if other material events occurred elsewhere." This website is designed and maintained by the Settlement Administrator for the lawsuit known as Huddleston v. John Christner Trucking, LLC . ECF No. Certificate of Interested Parties: Yes. See, e.g., Brandi v. Belger Cartage Serv., Inc., 842 F. Supp. [21-5025] [Entered: 03/24/2021 02:58 PM], [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. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1073 (9th Cir. 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." FLSA Collective Members All current and former individuals who provide(d) transportation services for Defendant within the United States, between May 1, 2015 and June 21, 2022. Because California's long-arm statute allows the exercise of personal jurisdiction to the full extent permissible under the U.S. Constitution, the question here is whether assertion of personal jurisdiction over JCT comports with the limits imposed by federal due process. 1979). Co, 134 S.Ct. Huddleston claims the trucking company misclassifies him and other leasing drivers as independent contractors rather than employees, thus violating a variety of state and federal labor laws. 2011). Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. One (1) settlement share for each FLSA Workweek. 3d at 1207 n.6. 1 : UPS Inc. Id. Therein, he states that he is a resident of California and that much of his work activity took place in California. Co., 417 F.3d at 357. Co., Inc. v. U.S. Dist. "), and JCT replied, ECF No. Huddleston has also presented a prima facie case under the purposeful availment test. This language has broad reach, and because Huddleston's claims concern the relationship created by the ICOA, which created the working relationship between the parties, his claims fall within the scope of the forum-selection clause. Bringing your own truck, you enjoy all of our great benefits (you''re responsible for your 2290). Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. ICOA 23. Served on 04/27/2021. 71st St., Suite 200Tulsa, OK 74136Telephone: (918) 970-2000Facsimile: (918) 970-2002. 2d 1262, 1269 (W.D. 2015) (construing similar contract and holding that "while Plaintiffs' misclassification claims 'relate to' the ICOA (and thus trigger the forum-selection clause) they would likely not be governed by Arizona law, as only 'the agreement' itself is governed by such law"). [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. Huddleston "alleges that JCT contracts with California residents and instructs them (and others) to make pick-ups and drop-offs in California. Mot. Huddleston does not argue that the Court could exercise general jurisdiction over JCT but contends that the Court does have specific jurisdiction over JCT. A forum-selection clause is "not unreasonable merely because of the parties' unequal bargaining power: it is enforceable if there is reasonable communication of the clause." it must be reasonable." By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. He testifies in his declaration that litigating in Oklahoma would impose substantial travel costs, including airfare, rental cars, and hotel stays; that if he were to miss "any significant time away from work," his employer may withhold work or terminate his position entirely; and that being the primary wage-earner means that missed wages may threaten his ability to support his family. 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 . OF INTERESTED PARTIES: n. Served on 03/12/2021. Manner of Service: email. John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. LaCross, 95 F. Supp. All current and former individuals who provide transportation services for John Christner Trucking within the United States, who entered into an independent contractor operator agreement with JCT and entered into a lease agreement with either JCT or Three Diamond Leasing. JCT keeps all company records at its Oklahoma headquarters and dispatches drivers from there. 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. Manner of Service: email. ***TIDBIT TUESDAY*** QualComm Message Reinder: Every Friday around 10:00 am you receive a message from the driver settlement department on your qual comm. Manner of Service: email. The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . Parts Coordinator. If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. 3:21-CV-01669 | 2021-07-20, Dallas County District Courts | Personal Injury | (internal quotation marks omitted)). 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/. INTRODUCTION Opp. Objections shall only be considered if the Class Member has not opted out of the Settlement. There is nothing to indicate that the provision was the product of undue influence or overreaching. . 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. 4:2017cv00549 - Document 76 (N.D. Okla. 2018) Court Description: OPINION AND ORDER by Chief Judge Gregory K Frizzell (Miscellaneous deadline: 5/8/2018) ; granting in part and denying in part 58 Motion for Collective Action Certification (kjp, Dpty Clk) Download PDF A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. Cancellation and Refund Policy, Privacy Policy, and Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. Served on 03/12/2021. Federal judges approved separate class certifications for divers in Oklahoma and California. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199 (9th Cir. Id. [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. Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse. 2006). After the first two prongs of the test have been met, the defendant has the burden of showing that the Court's jurisdiction would be unreasonable. This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. Code Ann. [21-5025] [Entered: 04/20/2021 09:24 AM], [10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. To be heard at the Final Approval Hearing you must also not opt out of the Settlement. "The party challenging the clause bears a 'heavy burden of proof.'" Class Counsel will be paid from the Gross Settlement Amount of $9,250,000.00. JCT does not target any advertising specifically to California and, since at least 2013, only 10- 12% of its total nationwide miles have been logged in California. Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011). at 7. approve of John M Christner's performance Founded 1986 Company size 1001 to 5,000 Revenue $100M to $500M (USD) Industry Transportation & Logistics Headquarters Sapulpa Oklahoma, United . "[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." 1:11-CV-02009 LJO, 2012 WL 393614, at *3-4 (E.D. Perry, 2011 WL 4080625, at *5. at 11-12. Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. ECF No. Defendant further denies that it misled any Class Member about its lease operator program. JCT Media Center. Fill out the form below to receive a free and confidential initial consultation. Iskanian v. CLS Transp. John Christner Trucking Case Summary On 03/11/2021 Huddleston filed a Labor - Labor Standard lawsuit against John Christner Trucking. The second, known as "specific jurisdiction," exists where the litigation is derived from obligations that "arise out of or are connected with the [company's] activities within the state." 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. This Settlement is a compromise and is not an admission of liability on the part of Defendant. Id. Id. 752, et seq. Leaked News! Oct. 5, 2010)); Hernandez v. Martinez, No. In other words, while the "in connection with" language is broad enough to encompass Huddleston's misclassification claims and bring them under the umbrella of the forum-selection clause, the ICOA provides that Oklahoma law applies only to interpretation of the ICOA itself. Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. at 18. 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. C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. Los Angeles, LLC, 59 Cal. Manner of Service: email. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. Response date set to 04/14/2021 for Michelle S. Lim. The Settlement provides that Class Counsel will receive attorneys fees of up to 33.33% of $9,250,000.00, and costs not to exceed $150,000.00. 10 ("Opp. [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. Deductions from this amount will be made for attorneys fees and costs for Class Counsel (see Section 10 below), settlement administration costs (estimated to be $79,500.00); a service award in an amount not to exceed $25,000.00 to Plaintiff, Thomas Huddleston, for his service to the Class Members, and $75,000.00 to the California Labor and Workforce Development Agency (LWDA), which is 75% of the $100,000.00 the parties allocated to penalties associated with Plaintiffs claim under the California Private Attorneys General Act (PAGA). 20-610 | 2020-11-09, U.S. District Courts | Contract | Proc. . --------. LaCross v. Knight Transportation, Inc., 95 F. Supp. Scam Internet. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] 2012 WL 393614, at *1 (emphasis supplied). Id. The organization will now operate over . . Current Outline Item. App. See also Narayan, 616 F.3d at 899; Quinonez v. Empire Today, LLC, No. . "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." Rowen v. Soundview Commc'ns, Inc., No. Opp. (10/24/19 Mot hrng & 12/09/20 Sched conf.). Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. Select SOLO DRIVER or TEAM DRIVER. Also, every "owner-operator" completes an orientation at those headquarters. Id. Thread Status: Not open for further replies. at 581. Have you been screwed by John Christner Trucking yet? JCT also argues for transfer to the Northern District of Oklahoma pursuant to 28 U.S.C. Public Records Policy. 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. 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. 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." Opp. In determining whether jurisdiction is reasonable, courts consider seven factors: (1) the extent of a defendant's purposeful interjection into the forum; (2) the burden on the defendant in defending in the forum; (3) the extent of conflict with the sovereignty of the defendant's state; (4) the forum state's interest in adjudicating the dispute; (5) the most efficient judicial resolution of the dispute; (6) the importance of the forum to the plaintiff's interest in convenient and effective relief; and (7) the existence of an alternative forum. (Text Only - No Attachment). No money will revert to Defendant. Id. The deal will form one of the biggest temperature-controlled fleets in the nation at more than 3,000 trucks (800 at JCT), 5,000 trailers and total revenue exceeding $1 billion. Id. 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. Huddleston has submitted an affidavit outlining the "prohibitive" financial hardship associated with litigating this case in Oklahoma, Huddleston Decl. We've also provided a list of contacts should you have any questions. Id. John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. The Court applies federal law to the interpretation and enforcement of a forum-selection clause. at 8. Good lease to make money. b. 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. Id. The DM speaks to their Drivers poorly and use profanity. 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." He testifies that JCT said it would make every effort to make his first and last stop of any given trip in California so his work would be completed close to home, and that his first and last stops were indeed in California. The classes consist of more than 3,000 truck drivers in the California Work Class and the Oklahoma class. M/S Bremen, 407 U.S. at 1. JCT's contacts with California are not mere happenstance resulting from Huddleston's incidental residence in the state independent of JCT's conduct. 5-3, Huddleston v. John Christner Trucking, LLC, No. Opp. Id. Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. DATE RECEIVED: 03/11/2021. [Please open the Notice for important information.] 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. Contact Who is John Christner Trucking, LLC Headquarters 19007 W Hwy 33, Sapulpa, Oklahoma, 74067, United States Phone Number (918) 227-1600 Website www.johnchristner.com Revenue $246.4M Industry Freight & Logistics Services Transportation 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. 30-31, Ex. CLAIRE V. EAGAN UNITED STATES DISTRICT JUDGE OPINION AND ORDER Now before the Court is Defendants John Christner Trucking, LLC and Three Diamond Leasing, LLC's Motion to Dismiss and Brief in Support (Dkt. Served on 03/25/2021. [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. (Filing fee $ 400, receipt number 0972-7154708) (Attachments: # 1 Civil Cover Sheet) (Cottrell, Carolyn) [Transferred from California Eastern on 9/28/2017.] 10-1, Huddleston Decl. John Christner Trucking, LLC, N.D. Oklahoma (Case No. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. [21-5025] [Entered: 03/11/2021 03:45 PM]. Finally, one place to get all the court documents we need. Do yourself a favor and keep looking. OF INTERESTED PARTIES: y. John Christner Trucking, L.L.C. It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. 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." JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. 12-CV-06133-LHK, 2014 WL 3962647, at *4 (N.D. Cal. [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). Id. John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. 17-cv-02081-RS ("Huddleston I"), slip op. ; 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). Huddleston has failed to provide any evidence that the Contract's terms regarding forum selection were not clearly communicated in the ICOA or that the inclusion of the forum selection clause was the product of fraud or overreaching. Core-Vent Corp. v. Nobel Indus. 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. 2010) ("Whether the Drivers are entitled to [California Labor Code] benefits depends on whether they are employees of [the defendant], which in turn depends on the definition that the otherwise governing lawnot the partiesgives to the term 'employee.' Yahoo! "We are proud to partner with WorkAdvance and provide Tulsans with employment opportunities," said Angie Buchanan, vice president of Melton Truck Lines. Certificate of Interested Parties: No. . Purposeful availment is not enough; the claims in this case must also arise out of FCT's contacts with California. Unless you present convincing evidence proving you worked more workweeks than shown by Defendants records, your Individual Settlement Amount will be determined based on Defendants records. Id. 2004). This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Tenth Circuit. As such, the argument regarding fraud and overreaching fails. See Dole Food Co. v. Watts, 303 F.3d 1104, 1114 (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." Served on 03/25/2021. 2015). Narayan, 616 F.3d at 899; see Elijahjuan v. Superior Court, 210 Cal. At John Christner Trucking, our primary focus is on truckload transportation, with an emphasis on temperature controlled products. [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. CERT. For Plaintiff and the FLSA Collective Members (i.e., individuals who previously completed a valid Opt-In Consent Form to join this case), the Released Claims also include any and all claims, known or unknown, under the FLSA, 29 U.S.C. [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. On average, employees at John Christner Trucking stay with the company for 2.3 years. 1995). Manner of Service: email. Overall. Any disputes must be postmarked by Saturday, September 24, 2022, and should be mailed to Huddleston v. JCT Settlement Administrator, P.O. Served on 03/24/2021. 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." Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. [21-5025] [Entered: 04/14/2021 04:21 PM], [10817932] Minute order filed - Transcript order form due 04/08/2021 for Brian Neil, Court Reporter. Lawrence J. O'Neill UNITED STATES CHIEF DISTRICT JUDGE, MEMORANDUM DECISION AND ORDER RE DEFENDANT'S MOTION TO DISMISS FOR LACK OF JURISDICTION, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE (ECF NO. Huddleston Decl. 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. 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. Your decision as to whether or not to participate in this Settlement will in no way affect your work or relationship with Defendant or future work or relationship with Defendant. . 10. This rating has decreased by -4% over the last 12 months. Ronlake v. US-Reports, Inc., No. P. 4(k)(1)(A). The original complaint alleged that truck drivers for John Christner Trucking often worked 70-100 hours per week while being paid less than $500. However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." [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. The settlement administrator will notify you of the decision on the dispute. . The Court concludes that the forum selection clause of the ICOA is valid and enforceable. 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. Personal Jurisdiction. Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. Cal. Still others have found that they are neither tort nor contract claims. 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." Discussion in 'Report A BAD Trucking Company Here' started by GipsySoul, Sep 26, 2012. If you are a Class Member, you may be entitled to receive money from a Settlement in this case, as described below. (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . 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.
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