Finally, one place to get all the court documents we need. OF INTERESTED PARTIES: y. Just like my lease on my car I get special deals regarding pms. googletag.cmd.push(function() { Copyright 2023 Land Line Magazine & Land Line Now. Replace these folks that cant figure it out. This class action case was initiated by Robert Boulter and co-counsel in 2017 on behalf of driver Thomas Huddleston against Oklahoma based trucking giant John Christner Trucking (JCT) and arises out of its lease purchase program. 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. googletag.pubads().collapseEmptyDivs(); Can Defendant retaliate against me for participating in this Settlement? Subscribe Now deceptive trade practices in violation of the Oklahoma Deceptive Trade Practices Act. There are other strings, too. Precisely what the new administration will replace it with is not known. Public Records Policy. 4:17-cv-00549-GKF-FHM in the Oklahoma Northern District Court. Updated May 4, 2022. An attorney for the plaintiffs in the lawsuit said simply calling a driver an independent contractor is not adequate if they are treated as employees. - Lawsuit-Stevens vs. John Christner Trucking - The local company I work for hired a new driver who was a fleece operator at Stevens. The California Labor Code provisions cited in Huddlestons complaint are not directed specifically toward motor carriers. They just think they are going to get some money.. The settlement administrator will determine all Individual Settlement Amounts based on Defendants records of the weeks worked by Class Members. Huddleston v. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. The prospect of eventual ownership and subsequent independence is the primary selling point of lease purchases. 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. I work for a small company and one of our drivers son went threw school and then to Stevens. Response date set to 04/14/2021 for Michelle S. Lim. Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. ECF No. [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. 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. 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. JCT is a for-hire trucking company headquartered in Sapulpa, Oklahoma, which hauls . That often happens. Many lease purchases effectively tie the leaseholder to an individual company, presumably the one that offered the lease in the first place. So they may be thinking Ive been running over the road I get 3,000 miles a week. August 13 - Did You Sign A Lease With John Christner? John Christner Trucking, LLC, Case No. This court granted the motion as to . John Christner Trucking, LLC, No. Huddleston v. The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. Instead, they are broad background rules applying to employers across numerous industries.. One such practice involves requiring drivers to lease trucks from the company or an affiliate, Boulter said. About John Christner Trucking (JCT) For over 35 years, our family-owned business has been delivering exceptional transportation solutions with integrity, dependability and stewardship. Served on 03/12/2021. John Christner Trucking Asked if it was the change in the FLSA rule that has led to the delay, Harris said that Pathway [has] introduced information to the court we believe is relevant to the case. 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. Monday-Friday 8:00 am 5:30 pm Insurance companies are also known for using intimidation and delay to avoid paying motorists injured in a trucking accident.. These cases are going to continue to grow in number and challenge the existing model of the (trucking) industry for sure, said Steve Viscelli, a sociologist at the University of Pennsylvania. Court denies four of 19 claims in John Christner Trucking lawsuit At the time of the accident, John Christner Trucking LLC had in full force and effect a policy of automotive liability insurance coverage with American Trucking and Transpiration Insurance Company or a subsidiary insurance company, insuring for the damages to , alleges the John Christner Trucking accident lawsuit. 2021-06-11, U.S. District Courts | Personal Injury | 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. As the definition of independent contractor changes from the Trump rule that was pulled back by the Biden administration and a new Biden rule, Crone noted that a court can use the FLSA definition of independent contractor in reaching a decision in future lease purchase litigation. Cancellation and Refund Policy, Privacy Policy, and The local company I work for hired a new driver who was a fleece operator at Stevens. 2023 John Christner Trucking All rights reserved. Whether a driver on a lease purchase program is truly independent is a central feature of a number of lawsuits making their way through the courts including several filed by California attorney Robert Boulter, whose specialty in franchise law has branched out into a niche of lease purchase litigation. Do Not Sell or Share My Personal Information. 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. My boss said screw Stevens. Hirschbach to Acquire John Christner Trucking | Transport Topics Individuals who contracted with the company during that time period and who leased trucks from John Christner Trucking or its affiliate, Three Diamond Leasing LLC, must notify plaintiffs counsel prior to the Sept. 16 deadline if they wish to be a plaintiff in the lawsuit. The costs plus the lease just might exceed what you gross in a month. Hirschbach Motor Lines on Feb. 16 announced that it will acquire Sapulpa, Okla.-based refrigerated carrier John Christner Trucking. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], [10825412] Filed notice record is complete. A trucking industry expert agreed these types of lawsuits have been on the rise in recent years. I was told this was because the truck was JCTs property. Top Worst/Bad 100 Trucking Companies for Lawsuits | Phoenix, AZ Snyder & Wenner, P.C. It is amazing to me that all these smart people cannot figure these details out! Manner of Service: email. Boulter said the lawsuit is a reaction to a trend among some trucking companies whose practices include shifting business costs to its workers. John Christner Trucking Reviews in New York City, NY The company, he claimed, prohibited him from declining a load, controlled his equipment and required him to lease company-provided communication equipment and the truck he drove. dont be stealing their idea twilight thats a jbhunt trademark, Well, its sounds a bit "playground" how Stevens acted. Now as a fleet of over 800 trucks, John has had the support of many throughout the years, including his two sons Danny & Darryl. They just dont know all the economics of it when they are getting in to it partly because the company has all those numbers, Viscelli said. (Text Only - No Attachment) [21-5025] [Entered: 03/25/2021 04:25 PM], Docket[10817929] Acknowledgment of transcript order filed by Thomas Huddleston. Others have more information but they dont know how many miles they actually are going to be permitted to drive, he said. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. Ripoff Report | john-christner-trucking complaints, reviews, scams Certificate of Interested Parties: No. [Please open the Notice for important information.] googletag.cmd.push(function() { This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys' fees and costs. The plaintiff says that she also sustained medical expenses, property damages, lost wages, and other expenses. Makes sense., or would that be cents? 4:17-cv-00549-GKF-FHM, Judge Gregory K Frizzell presiding Huddleston v. John Christner Trucking, LLC, Court Case No. Huddleston claims in a court filing that John Christner Trucking exercised complete control over all his activities relating to driving for the company. England. Trucking Jobs in 30 seconds googletag.enableServices(); 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/. Regardless of what independent contractor rules fleets will face on a federal or state level, or coming out of the court system, Porter said the trucking industry has to rise to the task of telling its story. 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. googletag.pubads().enableSingleRequest(); CERT. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. }); The suits also focus on what he described as consumer-type claims in which the plaintiffs are charging that the trucking companies that signed the leases with the drivers did not disclose a necessary amount of information. Semi-trucks and trucking companies are subject to different rules than other vehicles on the road, including various state, local, and federal rules about how long drivers can work and in what conditions. JCT offers a variety of programs including lease purchase, owner operator, teams and company driver positions. PDF United States District Court for The Northern District of Oklahoma [#41-1] at 28:18-21.) DATE RECEIVED: 03/11/2021. Long hours and little pay: Lawsuit claims local trucking company Available by email 7 days a week, 2023 Copyright Snyder & Wenner. OF INTERESTED PARTIES: n. Served on 03/12/2021. 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). 7. But that does not mean that the other other 75% of the leases failed, because the average lease is three years. The lawsuit against John Christner Trucking, filed in 2017, states that the action is about the company's "policy and practice of unlawfully misclassifying its drivers as independent contractors who are exempt from the provisions of the Fair Labor Standards Act." Honestly, a lot of people who have joined this lawsuit, in my opinion, have no idea what this lawsuit is about, Christner said. The plaintiff says that the driver either negligently or recklessly failed to properly control the semi-truck.

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