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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." Richards v. Lloyd's of London, 135 F.3d 1289, 1297 (9th Cir. Marcotte, 2014 WL 4477349, at *8 (quoting Besag v. Custom Decorators, Inc., 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. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Attorney at Scopelitis Garvin Light Hanson & Feary, Attorney at Schneider Wallace Cottrell Konecky, Docket[10826612] On the court's own motion and pursuant to 10th Cir. 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. 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. ; all claims for deceptive and unfair trade practices under the Oklahoma Consumer Protection Act, 15 Okla. Stat. App. 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. 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. "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 general venue statute does not authorize venue in a single district in which the most substantial part of the events or omissions giving rise to the claim occurred. You pay about $1000 week for lease with good miles. The Court has not ruled on the merits of Plaintiffs claims or Defendants defenses. 1998). [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. Id. 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.' 1391 (d). 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. You do not take home any money. 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. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. This second prong of the specific jurisdiction test is satisfied if the plaintiff would not have been injured "but for" the defendant's forum-related contacts. Discussion in 'Report A BAD Trucking Company Here' started by GipsySoul, Sep 26, 2012. Served on 03/12/2021. 2002). LaCross v. Knight Transportation, Inc., 95 F. Supp. While FLSA claims can arise in any state, JCT's decision to hire Huddleston, a California resident, to make pick-ups and drop-offs in California means that his claims arose, at least in part, there. Id. at 581 n.6 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 241 n.6 (1981) (internal quotation marks omitted)). CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1073 (9th Cir. DATE RECEIVED: 03/11/2021. Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). 2004). Opp. 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. [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. 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. 1 : UPS Inc. 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. In EEOC v. Waffle House, Inc., 534 U.S. 279 (2002), the Supreme Court held that a governmental agency was not bound by an employee's arbitration agreement such that it was barred from pursuing judicial relief in an enforcement action. 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. 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. Response date set to 04/14/2021 for David C. Leimbach. Weekly Settlement Deduction with JCT (John Christner Trucking) 4,877 views Jan 20, 2020 64 Dislike Share Save Trucking with Miss Tee 1.95K subscribers Deduction that will come out of your. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], [10817921] Docketing statement filed by Thomas Huddleston. You do not have to pay the attorneys who represent the Class Members. Opp. at 581. Served on 04/27/2021. Mot. The Court concludes that the forum selection clause of the ICOA is valid and enforceable. July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. 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). Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. See id. [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. The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. 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. 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. at 298. . Civ. . Objections shall only be considered if the Class Member has not opted out of the Settlement. 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. Nov. 4, 2010); Ronlake v. US-Reports, Inc., No. at 581-82. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. Arising Out Of Forum-Related Activities. Click on the links below to download documents related to the Settlement. ECF No. The ICOA's choice-of-law provision is narrower than the forum-selection clause. [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. (Text Only - No Attachment). The lawsuit also claimed that it wasn't uncommon for drivers to receive negative paychecks. 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. John christner trucking settlement mg, sb, af, pf & yp hq bn wg ue bi ks JCT Media Center. 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." 3d at 1207 n.6. Huddleston does not argue that the Court could exercise general jurisdiction over JCT but contends that the Court does have specific jurisdiction over JCT. Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. 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. Id. This Settlement is a compromise and is not an admission of liability on the part of Defendant. Thread Status: Not open for further replies. Opp. [a] forum [selection] clause should control absent a strong showing that it should be set aside." . [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. 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. 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. Cancellation and Refund Policy, Privacy Policy, and Current Outline Item. John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." 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." The most common ethnicity at John Christner Trucking is White (66%), followed by Hispanic or Latino (11%) and Black or African American (10%). The California resident claims he routinely. A review of the distirct court docket shows transcripts ordered were already on file. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], [10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Narayan, 616 F.3d at 899; see Elijahjuan v. Superior Court, 210 Cal. IT IS SO ORDERED. Id. 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. John Christner Trucking asked the court to deny certification because Huddleston has failed to demonstrate that Californias wage and hour laws apply to him or any other putative class member.. Do yourself a favor and keep looking. 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. Id. M/S Bremen, 407 U.S. at 18. Plaintiff bears the burden of showing that venue is proper. Marine, 134 S. Ct. at 581. Id. Manner of Service: email. Response date set to 04/14/2021 for David C. Leimbach. The Ninth Circuit has established a three-prong test for analyzing a claim of specific personal jurisdiction: (i) the defendant must have purposefully availed itself "of the privilege of conducting activities in the forum, thereby invoking the benefits and protections of its laws"; (ii) the cause of action must "arise[] out of or relate[] to the defendant's forum-related activities"; and (iii) "the exercise of jurisdiction must comport with fair play and substantial justice, i.e. Finally, one place to get all the court documents we need. OF INTERESTED PARTIES: y. 2021-06-11, U.S. Courts Of Appeals | Other | 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/. Served on 03/24/2021. On average, employees at John Christner Trucking stay with the company for 2.3 years. Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. 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.