Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). 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. 10-1. Huddleston has not met his burden of demonstrating that this is an "exceptional case" in which the Court should set aside a valid forum-selection clause. Id. Understand also that this is a lease. 5:15CV81, 2016 WL 1559176, at *5 (W.D. 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. Can Defendant retaliate against me for participating in this Settlement? C 08-05463 JSW, 2009 WL 330934, at *3-4 (N.D. Cal. Now as a fleet of over 800 trucks, John has had the support of many throughout the years, including his two sons Danny & Darryl. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. Holliday, 2010 WL 3910143, at *3-*4. Served on 03/12/2021. 2011). Oklahoma Class All current and former individuals who provide(d) transportation services for Defendant within the United States, who (1) entered into an Independent Contractor Operating Agreement with Defendant, and (2) entered into a Lease Agreement with Defendant or Three Diamond Leasing, LLC, from April 12, 2014 to June 21, 2022. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. [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. In the context of a motion under Rule 12(b)(3), a court need not accept as true all allegations in the complaint, but may consider facts outside the pleadings. None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. Defendant is represented by the following attorneys: Christopher J. Eckhart Angela S. Cash Karen B. Reisinger SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C. 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." The U.S. Supreme Court has held that forum-selection clauses are presumptively valid and should only be set aside if the party challenging enforcement can "clearly show that enforcement would be unreasonable and unjust." 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. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). 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. . 2d 1115, 1126 (E.D. John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. 1391 (d). Wash. 2005). Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. 8. Who are the attorneys representing Plaintiff and the Class Members? We've also provided a list of contacts should you have any questions. Id. Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. You do not have to pay the attorneys who represent the Class Members. 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. M/S Bremen, 407 U.S. at 1. 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. Iowa-based Hirschbach Motor Lines has acquired John Christner Trucking, a refrigerated carrier based in Sapulpa. Cancellation and Refund Policy, Privacy Policy, and 1404 and the forum-selection clause. 1404 And Forum-Selection Clause. You may have received a Notice of Settlement (Notice) because you (1) previously completed a valid Opt-In Consent Form to join this case; or (2) the records of John Christner Trucking, LLC (Defendant) show you qualify as a member of the California Class and/or the Oklahoma Class as defined in Section 3. at 581. Id. Huddleston v. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. 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." With combined revenues expected to exceed $1 billion annually, the reefer conglomerate will operate more than 3,000 trucks and . The lawsuit was filed in 2017. [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). 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. 2004). JCT will continue to operate as a separate, but highly integrated, company with Danny Christner joining Hirschbach as the president of JCT, according to a statement from Hirschbach. Co., 417 F.3d at 357. Scam Internet. [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. JCT's contacts with California are not mere happenstance resulting from Huddleston's incidental residence in the state independent of JCT's conduct. 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Perry, 2011 WL 4080625, at *5. JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. Companies already on-board with the program include Southwest United Industries, Melton Truck Lines, John Christner Trucking and Hoffmeier. Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. Case Details Parties Documents Dockets Case Details Case Number: 21-5025 Filing Date: Co. v. Glasbrenner, 417 F.3d 353, 356 (2d Cir. The court granted class certification for: All current and former individuals, to the extent they performed transportation services for John Christner Trucking within California, who entered into an independent contractor operator agreement with JCT, entered into a lease agreement with either JCT or Three Diamond Leasing, and were classified as independent contractors. 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. Phone: 8003241900. 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 . Sign up for our weekly newsletter today! Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. 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. CERT. This is an estimate of what your fixed expenses and variable expenses may be. Manner of Service: email. 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. If you were a lease driver for JCT and/or have questions about the lawsuit, please contact Robert S. Boulter. Id. 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. NEW! [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. JCT has not met its burden of showing that this Court's exercise of specific jurisdiction would be unreasonable. The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. There is nothing to indicate that the provision was the product of undue influence or overreaching. Pros. . 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. 5-3, Huddleston v. John Christner Trucking, LLC, No. 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. at 21-22. Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." shall be governed by the provisions of the law in New York." 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. July 12, 2013). 752, et seq. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). 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/. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. 2012 WL 393614, at *1 (emphasis supplied). # 9). Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. A review of the distirct court docket shows transcripts ordered were already on file. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. Cal. When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. 1391. Served on 03/24/2021. Email. 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. 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. Narayan, 616 F.3d at 899; see Elijahjuan v. Superior Court, 210 Cal. But after fuel. Id. The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. 4:17-CV-06257 | 2017-10-29, U.S. District Courts | Personal Injury | This rating has decreased by -4% over the last 12 months. 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." OF INTERESTED PARTIES: n. Served on 03/12/2021. The Court held that an arbitration agreement to which the EEOC was not a party could not limit the remedies otherwise granted to the EEOC by statute, which not only had the authority to pursue independent actions in court for Title VII violations but, in the context of the suit, also had "exclusive authority over the choice of forum and the prayer for relief once a charge has been filed." See 28 U.S.C. 12 ("Reply"). Cal. Proc. Who are the attorneys representing Defendant John Christner Trucking, LLC? 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. In a state which has more than one judicial district, corporate defendants "shall be deemed to reside in any district within which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate state." 2005) (collecting cases from various federal courts of appeals). He testifies in his declaration that "[m]uch" of his JCT-related work took place in California and that he drove "all over" the state, including making a "significant portion" of his pick-ups and drop-offs in the cities within this District listed in paragraph 18 of the Complaint. 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. Here you can view your weekly settlements, insurance and contracts. The combined revenue of both companies will surpass $1 billion and propel . [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. 10 ("Opp. Huddleston has also presented a prima facie case under the purposeful availment test. 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 (10/24/19 Mot hrng & 12/09/20 Sched conf.). 1979). Richards v. Lloyd's of London, 135 F.3d 1289, 1297 (9th Cir. at 581. To do so, send a letter to the settlement administrator explaining the basis for your dispute and attach copies of the supporting evidence. B. The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. Following redistribution, any unclaimed monies will be paid to Legal Services Corporation. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199 (9th Cir. However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." 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." The DM speaks to their Drivers poorly and use profanity. Rhode Island is appealing a court ruling that ended the states truck-only tolls. It also does not have any employees in California except one individual who works from his home in Fresno to arrange the transportation of customer freight. (Text Only - No Attachment). Third, JCT does not contest that the exercise of jurisdiction would conflict with the sovereignty of Oklahoma, its state of domicile, though the Court notes that the bulk of Huddleston's claims are brought under California state law, and the FLSA analysis will be the same in either California or Oklahoma. Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. JCT argues in the alternative that even if this Court does have specific personal jurisdiction and venue is proper in this District, the case should be transferred to the Northern District of Oklahoma pursuant to 28 U.S.C. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. 1995). Huddleston Decl. Id. (FLSA Collective 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, (3) were classified as independent contractors, and (4) validly opted in to the FLSA collective on or before February 14, 2020 (FLSA Collective Members). Huddleston seeks to represent other "owner-operators" in a collective action under the Fair Labor Standards Act ("FLSA") and class actions under California and Oklahoma law. C. 28 U.S.C. 2d 204, 213 (W.D.N.Y. Huddleston contends that because thirteen of the nineteen causes of action are based on California law, a California federal court will be better equipped to apply California state law than an Oklahoma court would be. | All Rights Reserved. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . it must be reasonable." 4:17-cv-00549-GKF-CDL). John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. John Christner Trucking - Inc. John Christner Trucking LLC. Hirschbach acquiring John Christner Trucking, creating reefer giant. 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. Aug. 13, 2014). Served on 03/24/2021. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (superseded on other grounds). Co, 134 S.Ct. 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | 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." LaCross v. Knight Transportation, Inc., 95 F. Supp. 2d 1262, 1269 (W.D. International Shoe Co. v. Washington, 326 U.S. 310, 318 (1945). Id. Cal. While the Court is sensitive to the potential financial strain involved in litigating this case in Oklahoma, serving as the named plaintiff in a class action is unlikely to carry with it the requirement that Huddleston travel to Oklahoma with much frequency, and Huddleston has failed to explain why litigating in Oklahoma would require substantially more time away from work than litigating in California such that he would be denied the ability to bring the case. 3d at 1206 n.5 (holding that a representative PAGA claim could be litigated in Arizona federal courts); see also id. Plaintiff opposed, ECF No. 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." See id. 2014) (citing Murphy, 362 F.3d at 1141). 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. "As a general matter, California courts will enforce adequate forum selection clauses that apply to non-waivable statutory claims, because such clauses do[ ] not waive the claims, they simply submit their resolution to another forum." Schedule Monday - Friday 1:30pm - 10:30pm. Nov. 4, 2010); Ronlake v. US-Reports, Inc., No. In the event any portion of the Individual Settlement Amounts paid to Plaintiff and Class Participants is ultimately construed by the IRS or any other taxing authority to be taxable income from which taxes should have been withheld, Plaintiff and Class Participants shall pay any and all such taxes, interest, and penalties on the amount they receive. Atl. 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." [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. The court, however, "is obligated to draw all reasonable inferences in favor of the non-moving party and resolve all factual conflicts in favor of the non-moving party." 1:11-CV-02009 LJO, 2012 WL 393614, at *3-4 (E.D. 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."). op. A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. 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 . John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. 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 Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. Sep. 27, 2017). Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. 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." Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. Mark Schremmer, senior editor, joined Land Line in 2015. Schwarzenegger, 374 F.3d at 805. Leaked News! Education funding and standards, certain business incentives, health care and transportation will be the lobbying priorities for the Tulsa Regional Chamber's OneVoice state legislative agenda this . 4:21-CV-00132 | 2021-03-24, U.S. District Courts | Other | 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. Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. You may also withdraw your objection in writing by mailing a withdrawal statement to the Court and counsel for the parties postmarked no later than Monday, October 17, 2022, orally at the Final Approval Hearing, or as otherwise ordered by the Court. For tax reporting purposes, all Individual Settlement Amounts will be reported on an U.S. Internal Revenue Service (IRS) 1099 Form. This message tells you what trips have. John Christner Trucking Just Sold To Hirschbach Trucking 5 Min Ago Grab some Mutha Trucker Gear@ https://theasianmaishow.com/ For information . [21-5025] [Entered: 04/19/2021 04:25 PM], Docket[10822480] Attorney Ms. Michelle S. Lim for Thomas Huddleston admitted to the bar of this court. Apr. Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). 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." Enforceability Of Forum-Selection Clause. 17-cv-02081-RS ("Huddleston I"), slip op. The Court disagrees. Huddleston "alleges that JCT contracts with California residents and instructs them (and others) to make pick-ups and drop-offs in California. 1. Ziegler v. Indian River County, 64 F.3d 470, 475 (9th Cir. "The party challenging the clause bears a 'heavy burden of proof.'" 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. In general, managers at John Christner Trucking are good to work with. at 8. This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], [10817921] Docketing statement filed by Thomas Huddleston. Gallo Winery v. Andina Licores S.A., 440 F. Supp. Indeed, courts have found the requirements of specific personal jurisdiction satisfied where a shipping company contracts to ship goods from one state to a second state and a cause of action arises in a third state through which the goods were passing. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], Docket[10817929] Acknowledgment of transcript order filed by Thomas Huddleston. 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."). 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. 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." John Christner Trucking, LLC ERRATA/CORRECTION (Re: 269 Unopposed MOTION for Preliminary Approval of Class and Collective Action Settlement) by Thomas Huddleston (With attachments) Northern District of Oklahoma, oknd-4:2017-cv-00549. [21-5025] [Entered: 04/19/2021 04:25 PM], [10822480] Attorney Ms. Michelle S. Lim for Thomas Huddleston admitted to the bar of this court. The combined revenue of both companies will exceed $1. ECF No. 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.. 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." Dec. 6, 2012). 2007). Copyright 2023 Land Line Magazine & Land Line Now. Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. The case status is Pending - Other Pending. 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. 2011). Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. 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. CIVF 07-1321 AWI SMS, 2007 WL 3341389, at *7 (E.D. Manner of Service: email. There are two kinds of personal jurisdiction that a court may exercise over an out-of-state defendant. Co., Inc. v. U.S. Dist. Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding. (10/24/19 Mot hrng & 12/09/20 Sched conf.). 71st St., Suite 200Tulsa, OK 74136Telephone: (918) 970-2000Facsimile: (918) 970-2002. PAGA cases "function[] as a substitute for an action brought by the government itself." 1988). The party opposing enforcement of the forum selection clause on the grounds of fraud or overreaching "must show that the inclusion of the clause itself into the agreement was improper; it is insufficient to allege that the agreement as a whole was improperly procured." The organization will now operate over . 1404. 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).
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