He further testifies that litigating this case in Oklahoma would impose a prohibitive economic hardship on him due to the cost of travel and time away from work, problems that he would not experience if the case were to remain in California. 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | at 13-14 (emphasis in original). The per share dollar figure will then be multiplied by each Class Participants total number of settlement shares to determine the Class Participants pro rata share of the Net Settlement Amount. This is so, he argues, because the ICOA provides for the application of Oklahoma law, and under Oklahoma law, Huddleston does not meet the statutory definition of "employee" and does not qualify for the sorts of unwaivable statutory remedies to which he would otherwise be entitled under California law. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. 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. JCT is big enough to offer all you need to be successful, but we're small enough to know you by name. The settlement administrator will notify you of the decision on the dispute. 2006)). 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. at 11-12. Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. This factor does not weigh against transfer. 2021-11-03, U.S. District Courts | Personal Injury | Overall. A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. Understand also that this is a lease. ." Sep. 27, 2017). 2d 204, 213 (W.D.N.Y. Robles v. Comtrak Logistics, Inc., No. CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. at 319. 5-3, Huddleston v. John Christner Trucking, LLC, No. 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."). Id. Co., Inc. v. U.S. Dist. DATE RECEIVED: 03/11/2021. Defendant further denies that it misled any Class Member about its lease operator program. 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. 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." Civ. Both groups are considered Class Members in this Notice. Select SOLO DRIVER or TEAM DRIVER. July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir.
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