The U.S. District Court for the Northern District of Oklahoma submitted an opinion on Nov. 30, siding with John Christner Trucking in four instances while denying all other parts of the motion. Run do not walk away from a lease deal. The civil lawsuit alleges John Christner Trucking LLC misclassifies its drivers as independent contractors, when they are actually employees who are subject to federal and California labor laws. Huddleston v. John Christner Trucking, LLC - casetext.com Read More . failure to pay for all hours worked in violation of the California Labor Code. Served on: 03/25/2021. googletag.defineSlot('/21776187881/fw-responsive-main_content-slot2', [[468, 60], [728, 90], [300, 100], [320, 50]], 'div-gpt-ad-1665767472470-0').defineSizeMapping(gptSizeMaps.banner1).addService(googletag.pubads()); Safety sent a request to Stevens to verify employment and Stevens sent a threatening letter back saying they would seek legal action if we hired him because he had a contract for a year (he had already quit). | Designed by No Boundaries Marketing Group, Arizonas Premier Medical Malpractice & Personal Injury Law Firm, Wrongful Death Lawyer In Phoenix & Tucson AZ, How to Protect Yourself from Medical Errors, Medicare Costs Due to Medical Malpractice, Questions to ask an attorney about nursing home abuse, Priest Sex Abuse Cases In Phoenix, Arizona. 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. The named plaintiff, Thomas Huddleston, commenced this lawsuit against JCT in the United States District Court for the Eastern District of California. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. granted the motion for class certification, 21 truckers fined for taking wrong detour in Canadian city, Shops, mechanics cut plea deal in truck emission scheme, Ohio LTL carrier settles sex discrimination lawsuit for $1.25M, Crash killing four leads to ban from commercial driving, Whats old is new again vintage truck designs trending, Kiley continues quest against labor nominee, Truck shows raising money for a good cause. googletag.pubads().collapseEmptyDivs(); A review of the distirct court docket shows transcripts ordered were already on file. A review of the distirct court docket shows transcripts ordered were already on file. The California resident claims he routinely worked 98-hour weeks for JCT and it was not uncommon to be paid less than $500 for the week. 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. googletag.pubads().enableSingleRequest(); And so if case law, if it would go against that model completely, I would say that a lot of folks including us would have to change our business model and the arrangement as it relates to the labor component, Christner said. John Christner Trucking, LLC et al Doc. Phone: 918-581-8471. 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. 1:21-CV-00526 | 2021-06-08, U.S. Courts Of Appeals | Labor | My boss said screw Stevens. The Oklahoma class, specifically, claimed that the trucking companys marketing practices violated the Oklahoma Consumer Protection Act and the Oklahoma Business Opportunity Sales Act. Both sides agree that in light of the risks and expenses associated with continued litigation, this Settlement is fair and appropriate under the circumstances, and in the best interests of the Class Members. The person behind the wheel often a sole truck driver who has entered into a lease is making monthly payments that over time will work down the purchase price of the vehicle. [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. [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. googletag.cmd.push(function() { ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. Medical Malpractice & Personal Injury Law Firm, At Snyder & Wenner, we believe in keeping trucking companies accountable for negligent practices that endanger the public. The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. Objections shall only be considered if the Class Member has not opted out of the Settlement. googletag.defineSlot('/21776187881/fw-responsive-main_content-slot5', [[728, 90], [468, 60], [320, 50], [300, 100]], 'div-gpt-ad-1665767778941-0').defineSizeMapping(gptSizeMaps.banner1).addService(googletag.pubads()); Burgess v. John Christener Trucking, LLC et al, Chandler et al v. Craters & Freighters Franchise Company, Brian et al v. Devon Energy Production Company LP, Board of Education of Yukon Oklahoma Public Schools v. SYSCO USA II, LLC, Seay et al v. Oklahoma Board of Dentistry et al. deceptive and unfair trade practices in violation of the Oklahoma Consumer Protections Act. Monday-Friday 8:00 am 5:30 pm 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. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. Those three lawsuits, Boulter explained, focus on two key areas. 5:17-CV-00708 | 2017-06-30, U.S. District Courts | Contract | There are numerous ways to end that lease: with a balloon or knock-down payment that puts the truck into full ownership with the driver, or a new lease arrangement, maybe for a later-model truck (like a car driver who just goes from lease to lease, always driving a late-model vehicle). [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. Finally, one place to get all the court documents we need. (Hein Dep. 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). Issued on 04/27/2021. Fill out the form below and a recruiter will contact you shortly. (10/24/19 Mot hrng & 12/09/20 Sched conf.). Response date set to 04/14/2021 for Carolyn H. Cottrell. We live by our core values and pride ourselves on the foundation that has been built for over three generations. The lawsuit was transferred Sept. 28, 2017, to Tulsa federal court at the request of John Christner Trucking and over the objection of the plaintiffs. Subscribe Now Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. Yes they have a lease program, but they are just capitalizing on a business that the drivers are seeking anyway. 1. The leases are advertised as a way a driver can gradually work toward becoming a true independent owner-operator. Wouldn't doubt it, JCT been sued slit, and Hirschbacher wants to sue other companies for stealing drivers. It is amazing to me that all these smart people cannot figure these details out! I was told this was because the truck was JCTs property. John Christner Trucking Salaries trends. (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). Porter said there are about 35,000 trucks on the TPP platform, and about 35% of those are independent owner-operators. The wording in the Werner suit is similar to what one can find in not just other lawsuits, but the general critique of lease purchase lawsuits. The classes consist of more than 3,000 truck drivers in the California Work Class and the Oklahoma class. Please subscribe to keep reading. 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. Disclaimer: The Data below only reflects lawsuits that have been filed. The Court has not ruled on the merits of Plaintiffs claims or Defendants defenses. They just think they are going to get some money.. - YouTube Listen to the full episode here:http://juliastruckingcafe.com/category/showsIn this episode I discuss the lawsuit that has been. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] And the best part of all, documents in their CrowdSourced Library are FREE! John has an almost 40-year career covering commodities, most of the time at S&P Global Platts. John Christner Trucking Accident Lawsuit Claims Severe Injuries, Let's get started with your FREE consultation, Perfix Mesh Lawsuit Filed by Injured Patient, Cordis IVC Filter Alleges Wrongful Death , The Most Common Workplace Injuries in Houston, TX. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. He teamed with his wife and when he finally woke up and got smart (his words), they turned their truck in at Stevens at the Dallas yard. window.googletag = window.googletag || {cmd: []}; On 03/11/2021 Huddleston filed a Labor - Labor Standard lawsuit against John Christner Trucking. There are other strings, too. Can Defendant retaliate against me for participating in this Settlement? This company is telling me Im going to get 2,800 miles a week.. Because I was not allowed to haul for any other carrier, I was entirely dependent on JCT to earn income.. 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