Public Records Policy. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] [21-5025] [Entered: 04/27/2021 08:32 AM], [10823665] Minute order filed - Notice due that record is complete by 04/27/2021 for Mark C. McCartt, Clerk of Court (oclk). Served on: 03/25/2021. (Text Only - No Attachment). This Settlement is a compromise and is not an admission of liability on the part of Defendant. This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. 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. The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. Why is this public record being published online? DATE RECEIVED: 03/11/2021. Porter said there are about 35,000 trucks on the TPP platform, and about 35% of those are independent owner-operators. 752, et seq. Refrigerated carrier Hirschbach announced Wednesday the acquisition of John Christner Trucking (JCT). 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. Well the driver ended up taking a local job in Dallas. Served on 03/24/2021. There are other strings, too. Viscelli, author of The Big Rig: Trucking and the Decline of the American Dream, said companies can run afoul with labor laws when they exercise too much control over contract labor. [Please open the Notice for important information.] Defendant also contends that Plaintiffs claims do not meet the requirements for class or collective certification. The following persons will be considered Class Members and be eligible to receive an Individual Settlement Amount from the Net Settlement Amount: Plaintiff and persons who meet the requirements of one or more of the following class or collective definitions: California Class All current and former individuals, to the extent they perform(ed) transportation services for Defendant within California from April 12, 2013 to June 21, 2022. Hirschbach buys John Christner Today - TruckersReport.com The case against Werner, filed last October in Nebraska where Werner is based, has language in its introduction that sums up the argument running through the other lawsuits: In offering the driver opportunity to drivers, defendants made misrepresentations and/or failed to disclose material information about the economic opportunity, income and miles the driving opportunity would provide and further misrepresented that drivers would be independent contractors rather than employees.. Hirschbach Motor Lines on Feb. 16 announced that it will acquire Sapulpa, Okla.-based refrigerated carrier John Christner Trucking. My company makes the lease drivers bring our trucks to a company shop for pms. On 03/11/2021 Huddleston filed a Labor - Labor Standard lawsuit against John Christner Trucking. This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. They cost around $ 600. var gptSlot = googletag.defineSlot('/21776187881/FW-Responsive-Main_Content-Slot1', [[728, 90], [468, 60], [300, 100], [320, 50]], 'div-gpt-ad-b1-i-fw-ad-1').defineSizeMapping(gptSizeMaps.banner1).setCollapseEmptyDiv(true).addService(googletag.pubads()); failure to pay for all hours worked in violation of the California Labor Code. Pathway is an independent leasing company that Harris said in an email to FreightWaves has many relationships with carriers based on the repeated success of our program.. John Christner founded JCT in 1986 with only 2 trucks. 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. 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. 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. [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. Vice President at John Christner Trucking, LLC . Yet there are plenty of success stories of hard-working folks who decided to build a business, Jack Porter, managing director of the Truckload Carriers Associations Profitability Program (TPP), said of leasing, of which he is a vociferous defender. CERT. - Lawsuit-Stevens vs. John Christner Trucking - The local company I work for hired a new driver who was a fleece operator at Stevens. Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). While some drivers are able to earn good incomes, many who are apt to be misclassified as an independent contractor and subject to minimum wage violations can earn an annual income in the $30,000 range, Viscelli said. Preliminary record filed. Beyond questions of the financial obligations that lease purchase drivers are committing to, there is also the significant issue of whether a person who signs such a deal is an employee or an independent contractor while operating under the lease. 71st St., Suite 200Tulsa, OK 74136Telephone: (918) 970-2000Facsimile: (918) 970-2002. additional statutory penalties pursuant to the California Labor Code. coerced purchases in violation of the California Labor Code. Medical Malpractice & Personal Injury Law Firm, At Snyder & Wenner, we believe in keeping trucking companies accountable for negligent practices that endanger the public. willful misclassification in violation of the California Labor Code. That often happens. Replace these folks that cant figure it out. Served on 03/12/2021. 5:20-CV-00830 | 2020-08-18. Manner of Service: email. Precisely what the new administration will replace it with is not known. Contact. 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. Shop Office: 918-227-6627 . 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).