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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. "Courts in the Ninth Circuit have generally agreed that the choice-of-law analysis is irrelevant to determining if the enforcement of a forum selection clause contravenes a strong public policy." (citing Iskanian for the proposition that representative PAGA claims may be brought in forums other than California state courts). Huddleston has submitted no evidence of court congestion particular to Oklahoma as opposed to California. 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. 801, et seq. This rating has decreased by -4% over the last 12 months. 5). The deal makes Hirschbach one of the nation's largest refrigerated carriers, the news release says, bumping it from sixth on Transport Topics 2021 ranking to second on the list. If you would like additional information or have any non-legal questions, please contact the Huddleston v. JCT Settlement Administrator: Huddleston v. JCT SettlementAdministratorP.O Box 10269Tallahassee, FL 32302-2269 claims@ssiclaims.com(855) 458-3918, This website is designed and maintained by the Settlement Administrator for thelawsuit known as Huddleston v. John Christner Trucking, LLC. All current and former individuals who provide transportation services for John Christner Trucking within the United States, who entered into an independent contractor operator agreement with JCT and entered into a lease agreement with either JCT or Three Diamond Leasing. This constitutes some purposeful injection into California and supports the reasonableness of the exercise of personal jurisdiction over JCT. ; all claims for deceptive and unfair trade practices under the Oklahoma Consumer Protection Act, 15 Okla. Stat. Finally, one place to get all the court documents we need. Id. 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. Id. This Settlement is a compromise and is not an admission of liability on the part of Defendant. 5:15CV81, 2016 WL 1559176, at *5 (W.D. [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). Click on the links below to download documents related to the Settlement. John Christner Trucking is Seeking Lease Purchase Drivers and Owner Operators Solos Start at to $1.20 per Mile Teams Start at $1.25 per Mile John Christner Trucking Benefits: Solos Starts at to $1.20 per Mile Teams Start at $1.25 per Mile Fuel Surcharge paid on all miles - loaded and empty Where a forum-selection clause uses the phrases "arising under," "arising out of," or similar language, the clause is construed narrowly to cover only disputes "relating to the interpretation and performance of the contract itself." 12-CV-06133-LHK, 2014 WL 3962647, at *4 (N.D. Cal. (2:14-cv-00183), Mississippi Southern District Court, Filed: 11/13/2014 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . Co, 134 S.Ct. In support of its motion to dismiss, JCT submits, inter alia, a declaration from Shannon Crowley, Vice President of Risk Management. After deductions of these amounts, what remains of the Gross Settlement Amount, or the Net Settlement Amount, will be available to pay monetary Individual Settlement Amounts to (i) Plaintiff; and (ii) Class Members who do not opt out of the Settlement (collectively, Class Participants). 10 West Market Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 637-1777 Facsimile: (317) 687-2414 Because California is a state with multiple judicial districts, a district-specific jurisdictional analysis is required here. See 28 U.S.C. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. (citing Carnival Cruise Lines, 499 U.S. at 595. Atl. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, it must be reasonable." 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. Served on 03/25/2021. [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. 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. GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. Issued on 04/27/2021. Second, the forum-selection clause in Ronlake applied only to claims "arising out of" the agreement, narrow language that did not apply to misclassification claims that did not rely on contract interpretation for resolution. 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." CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. 74] of the defendant, John Christner Trucking, LLC ("JCT"). As to the ICOA, he testifies that when he was in Oklahoma for orientation, he was told that the ICOA was nonnegotiable, was told that it was offered on a take-it-or-leave-it basis, and that the forum-selection clause and its effects were never explained to him. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. Don't miss out on our weekly happenings within our company! Id. 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."). 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. You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. Do yourself a favor and keep looking. Last name. 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." 2010) ("Whether the Drivers are entitled to [California Labor Code] benefits depends on whether they are employees of [the defendant], which in turn depends on the definition that the otherwise governing lawnot the partiesgives to the term 'employee.' The Court begins its analysis with JCT's challenge to personal jurisdiction. Good lease to make money. A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. 2007). Huddleston asserts that while JCT representatives outlined certain provisions of the ICOA prior to his signing it, he was unaware of the forum-selection clause and its implications. Reply at 6-8. 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." This language has broad reach, and because Huddleston's claims concern the relationship created by the ICOA, which created the working relationship between the parties, his claims fall within the scope of the forum-selection clause. Updated May 4, 2022. To do so, send a letter to the settlement administrator explaining the basis for your dispute and attach copies of the supporting evidence. More than 3,000 truck drivers were involved. # 9). JOHN CHRISTNER TRUCKING, LLC, Defendant. 2004) (internal citation and quotation marks omitted). 1 : UPS Inc. 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 . Hirschbach Motor Lines recently agreed to acquire John Christner Trucking (JCT), a refrigerated carrier based in Sapulpa, Oklahoma. Weekly Settlement Deduction with JCT (John Christner Trucking) 4,877 views Jan 20, 2020 64 Dislike Share Save Trucking with Miss Tee 1.95K subscribers Deduction that will come out of your. . The purposeful-direction requirement is satisfied. JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. Following redistribution, any unclaimed monies will be paid to Legal Services Corporation. Served on: 03/25/2021. Join Our Community Today! Seventh, Oklahoma is available as an alternative forum. 2006). Fourth, the interest of the forum state is great, because California has a strong interest "in protecting its citizens from the wrongful acts of nonresident defendants." Court for W. Dist. Atl. Company Contact Info John Christner Trucking LLC 19007 W Highway 33 Sapulpa, OK 74066 918-227-1600 918-248-3085 Cargo Hauled by John Christner Trucking LLC Fresh Produce General Freight Meat Refrigerated Food 21% of John Christner Trucking employees are women, while 79% are men. 2004). Hirschbach Motor Lines on Feb. 16 announced that it will acquire Sapulpa, Okla.-based refrigerated carrier John Christner Trucking. 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. Understand also that this is a lease. 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. It also leases "drop yards" in locations throughout the United States, which are used for parking and staging trailers. CV 05-4928-NM EX, 2006 WL 8074721, at *3 (C.D. Dubuque, Iowa-based Hirschbach Motor Lines announced the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. Defendant further denies that it misled any Class Member about its lease operator program. OF INTERESTED PARTIES: y. 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. Specifically, he says that a significant portion of his drop-offs and pick-ups were located in Tulare, Stockton, Fresno, Newman, Turlock, Modesto, Merced, Madera, and Livingston (all located within the Eastern District of California) and that the vast majority of his total driving miles were related to either a pick-up or drop-off in California. at 297. C 09-4995 RS, 2010 WL 3910143, at *3 (N.D. Cal. --------. OF INTERESTED PARTIES: n. Served on 03/12/2021. $246.4 M. Employees. JCT's contacts with California are not mere happenstance resulting from Huddleston's incidental residence in the state independent of JCT's conduct. Fill out the form below to receive a free and confidential initial consultation. Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding. 1993) holding modified by Yahoo! Huddleston does not exclusively bring California claims; the Complaint also contains four causes of action under Oklahoma law, and in any case, "federal judges routinely apply the law of a State other than the State in which they sit." [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] Public Records Policy. The lawsuit was filed in 2017. granted the motion for class certification, International group throws support behind Rhode Islands appeal of truck toll verdict, Vehicle weight at issue in overtime lawsuit, Trucker awarded $500K after being unlawfully detained, Former safety manager receives probation for cargo tank conspiracy. If a defendant challenges the existence of personal jurisdiction, the plaintiff bears the burden of establishing the district court's personal jurisdiction over the defendant. See Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. (Text Only - No Attachment). John Christner Trucking, LLC, N.D. Oklahoma (Case No. The settlement administrator will determine all Individual Settlement Amounts based on Defendants records of the weeks worked by Class Members. The Court concludes that the forum selection clause of the ICOA is valid and enforceable. John Christner Trucking is Seeking Lease Purchase Drivers and Owner Operators Solos Start at to $1.20 per Mile Teams Start at $1.25 per Mile John Christner Trucking Benefits: Solos Starts at to $1.20 per Mile Teams Start at $1.25 per Mile Fuel Surcharge paid on all miles - loaded and empty To calculate your estimated compensation package at JCT: Select OWNER OPERATOR or LEASE PURCHASE. John Christner Trucking 19007 W Hwy 33 Internet United States of America. Each Class Participant (as described in Section 3) will receive a pro rata share of the Net Settlement Amount based on settlement shares assigned to them as described below. 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. Marcotte v. Micros Sys., Inc., No. Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. 9. CERT. [21-5025] [Entered: 03/15/2021 12:17 PM], Docket[10815131] Admissions letter sent. 1. Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. Huddleston "alleges that JCT contracts with California residents and instructs them (and others) to make pick-ups and drop-offs in California. 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. 3d at 1206 n.5 (holding that a representative PAGA claim could be litigated in Arizona federal courts); see also id. The test's first prong encompasses both purposeful direction and purposeful availment. ICOA 23. The classes consist of more than 3,000 truck drivers in the California Work Class and the Oklahoma class. Id. When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. A federal judge in Oklahoma approved separate class certifications for more than 3,000 truck drivers in a misclassification lawsuit against John Christner Trucking. JCT also argues for transfer to the Northern District of Oklahoma pursuant to 28 U.S.C. No money will revert to Defendant. Manetti-Farrow, Inc. v. Gucci Am., Inc., 858 F.2d 509, 513 (9th Cir. [21-5025] [Entered: 04/20/2021 09:24 AM], [10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. Certificate of Interested Parties: No. 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. at 1138. See Dole Food Co. v. Watts, 303 F.3d 1104, 1114 (9th Cir. The forum-selection clause here, as discussed above, uses broader language that does cover claims brought "in connection with" the employment relationship, even if they do not rely on interpretation of the ICOA itself. [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. Dec. 6, 2012). "), and JCT replied, ECF No. Bancroft & Masters, Inc. v. Augusta Nat. Huddleston has presented no case law to support the idea that PAGA cases are exempt from application of forum-selection clauses and has offered no explanation why the Northern District of Oklahoma could not fairly adjudicate these claims. 10. 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. John Christner Trucking adds 800 trucks to the Hirschbach fleet. 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. 5:16-CV-01221 | 2016-10-21, U.S. District Courts | Intellectual Property | C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. 28 U.S.C 1404(a) provides that "[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." Rowen v. Soundview Commc'ns, Inc., No. My experience working at John Christner Trucking was a good experience. 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."). Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199 (9th Cir. Served on 03/24/2021. 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. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. JCT argues that the centerpiece of Huddleston's complaint is the Fair Labor Standards Act ("FLSA"), which set nationwide standards, and because Huddleston performed long-haul truck-driving services throughout the country, the FLSA claims "could have arisen whether he was a resident of California, Connecticut, Colorado, or any other state in the country." Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse. The settlement administrator will notify you of the decision on the dispute. Cancellation and Refund Policy, Privacy Policy, and M/S Bremen, 407 U.S. at 18. 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. John Christner Trucking insights Based on 104 survey responses Areas for improvement Fair pay for job Trust in colleagues Sense of belonging One of the worst company to work for trcuk driver (Former Employee) - Sapulpa, OK - September 7, 2020 Attention attention avoid this company at all cost. at 581. The plaintiff bears the burden of satisfying the first two prongs of the test. at 18. 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. 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. Served on 03/24/2021. In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. Id. Driver Resources | John Christner Trucking Driver Resources Welcome JCT Drivers This page is dedicated to keeping you up to date with the latest JCT info. 4:21-CV-00132 | 2021-03-24, U.S. District Courts | Other | Am., Inc., 485 F.3d 450, 457 (9th Cir. Your written objection must state whether you will attend the Final Approval Hearing, and your written notice of your intention to appear at the Final Approval Hearing must be filed with the Court and served upon Class Counsel and Defendants counsel on or before Saturday, September 24, 2022. 5:20-CV-00915 | 2020-09-11, U.S. Courts Of Appeals | Civil Right | England Case $37,800,000 Settlement Concluded; Refusal to Drive Unsafe Truck - Driver Awarded $55k; Franchisor's Non-competition Injunction Denied. Opp. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. ICOA 23. Murphy, 362 F.3d at 1140 (quoting M/S Bremen., 47 U.S. at 17). They say lease purchase but you have to lease for 5 yrs before u can own it. 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." A review of the distirct court docket shows transcripts ordered were already on file. Lawrence J. O'Neill UNITED STATES CHIEF DISTRICT JUDGE MEMORANDUM DECISION AND ORDER RE DEFENDANT'S MOTION TO DISMISS FOR LACK OF JURISDICTION, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE (ECF NO. DATE RECEIVED: 03/11/2021. As to plaintiff specifically, Crowley testifies that only three of Huddleston's twenty-five pick-ups or deliveries were in the Eastern District of California. Hirschbach builds national footprint through M&A (Photo: Hirschbach) Refrigerated carrier Hirschbach announced Wednesday the acquisition of John Christner Trucking (JCT). This factor does not weigh against transfer. The court denied motions for certification to a California resident class and the portion of the Oklahoma class related to the Oklahoma Business Opportunity Sales Act claims. at 24. Join to connect John Christner Trucking, LLC. CERT. Inc., 223 F.3d 1082, 1088 (9th Cir. John Christner Trucking Dec 2010 - Jun 2013 2 years 7 months Invoiced customers for our service, large and small based upon their requests and requirements and on a timely basis. By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. See Local Rule 230(g). 8. Who are the attorneys representing Plaintiff and the Class Members? Huddleston has submitted an affidavit outlining the "prohibitive" financial hardship associated with litigating this case in Oklahoma, Huddleston Decl. Mot. Id. Sign up for our weekly newsletter today! R. Civ. 2007) (citing Murphy, 362 F.3d at 1141; E.J. Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." We've also provided a list of contacts should you have any questions. It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 464 (1985). [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Originally filed in 2017, the lawsuit claims that plaintiff Thomas Huddleston and other truckers were employees and should have been paid as such. If you have money saved in your account or money they owe you for loads you have delivered they will pay . Feb. 6, 2012). However, "the Ninth Circuit has rejected the argument that unequal bargaining power is a ground to reject enforcement of a forum selection clause in an employment contract." Case information including a copy of the complaint can be found here . RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. John Christner founded JCT in 1986 with only 2 trucks. Bringing your own truck, you enjoy all of our great benefits (you''re responsible for your 2290). If you fail to keep your address current, you may not receive your Individual Settlement Amount. The clause here is clearly marked; the section header is bolded, and the forum-selection provision is in capital letters. at 20. Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. [Please open the Notice for important information.] Plaintiff opposed, ECF No. LaCross v. Knight Transportation, Inc., 95 F. Supp. See Fed. As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. The failure to submit a written objection as a prerequisite to appearing in court to object to the settlement may be excused upon a showing of good cause. This matter is now ripe for review and is suitable for disposition without oral argument. (Text Only - No Attachment). The Court will determine the amount of attorneys fees and costs to award Class Counsel at the Final Approval Hearing. Huddleston claims JCT misclassified its "owner-operators" as independent contractors, rather than employees, and thus violated a variety of state and federal labor laws, including those governing payment of wages, minimum wage, meal and rest breaks, and wage reporting. "We are proud to partner with WorkAdvance and provide Tulsans with employment opportunities," said Angie Buchanan, vice president of Melton Truck Lines. The purposeful direction test requires satisfaction of all three prongs of the Supreme Court's effects test from Calder v. Jones, 465 U.S. 783, 789-90 (1984). 1990), rev'd on other grounds, 499 U.S. 585 (1991); see also Walden, 134 S. Ct. at 1121 ("For a State to exercise jurisdiction consistent with due process, the defendant's suit-related conduct must create a substantial connection with the forum State."). Cal. "'Overreaching' is a ground 'short of fraud,' and a mere showing of 'non-negotiability and power difference' does not render a forum selection clause unenforceable." Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. Who are the attorneys representing Defendant John Christner Trucking, LLC? You make about $3600 per week. 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." The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. 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." 3:21-CV-01669 | 2021-07-20, Dallas County District Courts | Personal Injury | Because document collection is now mostly an exercise in electronic discovery, the presence of corporate documents in Oklahoma does not weigh heavily in favor of finding that jurisdiction in California would be unreasonable. Defendant contends that it properly classified Class Members as independent contractors, and that the policies challenged by Plaintiff, including those regarding payment for time worked, meal breaks, rest breaks, and expense reimbursements, are lawful and have been lawful throughout the relevant time period. 1391(b). Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. Id. ECF No. Oct. 5, 2010)); Hernandez v. Martinez, No. Holland Am. shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . 5) I. (California Class 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, and (3) were classified as independent contractors. (citing Holliday, 2010 WL 3910143, at *4). [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], [10825412] Filed notice record is complete. Response date set to 04/14/2021 for David C. Leimbach. 3d 1199, 1206 n.4 (C.D. 2015) (construing similar contract and holding that "while Plaintiffs' misclassification claims 'relate to' the ICOA (and thus trigger the forum-selection clause) they would likely not be governed by Arizona law, as only 'the agreement' itself is governed by such law"). This Notice explains your right to share in the monetary proceeds of this Settlement, exclude yourself (opt out) of the Settlement, or object to the Settlement. 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.