2006). This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Tenth Circuit. Seventh, Oklahoma is available as an alternative forum. Ronlake v. US-Reports, Inc., No. 5:16-CV-01221 | 2016-10-21, U.S. District Courts | Intellectual Property | The touchstone for asserting specific jurisdiction over a nonresident defendant is "the relationship among the defendant, the forum, and the litigation." [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. 2015); Robles, 2015 WL 1530510, at *4. The Released Claims include, but are not limited to, all wage and hour claims, whether known or unknown, at law or in equity, which Plaintiff and the Class Members may now have or may have as of the execution of the Joint Stipulation of Settlement and Release of Class and Collective Action under the wage orders of the California Industrial Welfare Commission, or other federal, state, or local law, claims for penalties under California Private Attorneys General Act, all claims for failure to pay minimum wages under California law, all claims for failure to pay for all hours worked under California law, all claims for failure to authorize and permit and/or make available meal and rest periods pursuant to the California Labor Code (Labor Code), all claims for failure to reimburse for necessary business expenses under Labor Code 2802, all claims for failure to maintain proper payroll records under Labor Code 1174, all claims for failure to provide accurate itemized wage statements under Labor Code 226, all claims regarding coerced purchases under Labor Code 450, all claims regarding willful misclassification under Labor Code 226.8, all claims for waiting time penalties under Labor Code 201-204, all claims for unlawful business practices under the California Business and Professions Code 17200, et seq., all claims for the unlawful sale of business opportunities under the Oklahoma Business Opportunity Sales Act, 71 Okla. Stat. . Why is this public record being published online? Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. 10-1, Huddleston Decl. 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."). [21-5025] [Entered: 03/12/2021 05:19 PM], Docket[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. 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. Ziegler v. Indian River County, 64 F.3d 470, 475 (9th Cir. Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. According to the motion, relators and the real parties in interest, Michael Ladd, Christopher Ladd, and Stephen Bryson, as next friend of his minor son E.B., have reached a settlement agreement that will resolve their claims in the underlying lawsuit and the issues . 1999), or that it is the "best" venue. Driver Settlement at John Christner Trucking, LLC Sapulpa, Oklahoma, United States 20 connections. JCT argues that neither general nor specific personal jurisdiction exists here. Cal. (Filing fee $ 400, receipt number 0972-7154708) (Attachments: # 1 Civil Cover Sheet) (Cottrell, Carolyn) [Transferred from California Eastern on 9/28/2017.] John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. The Court begins its analysis with JCT's challenge to personal jurisdiction. Line, Inc. v. Wartsila N. John Christner Trucking Case Summary On 03/11/2021 Huddleston filed a Labor - Labor Standard lawsuit against John Christner Trucking. No further written . Judge Gregory Frizzell of the U.S. District Court for the Northern District of Oklahoma granted the motion for class certification on Jan. 30 for truck drivers who worked in California, as well for an Oklahoma consumer protection class. Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. It also leases "drop yards" in locations throughout the United States, which are used for parking and staging trailers. Id. Cal. IT IS SO ORDERED. The 19 causes of action in the lawsuit: John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. Education funding and standards, certain business incentives, health care and transportation will be the lobbying priorities for the Tulsa Regional Chamber's OneVoice state legislative agenda this . Id. 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. This factor primarily concerns "where the witnesses and the evidence are likely to be located." Click on the links below to download documents related to the Settlement. CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. 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." Don't miss out on our weekly happenings within our company! Id. PAGA cases "function[] as a substitute for an action brought by the government itself." Issued on 04/27/2021. at 1125. Leaked News! The Court disagrees. Huddleston v. John Christner Trucking, LLC, 1:17-cv-00925-LJO-SAB (E.D. ." 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. Response date set to 04/14/2021 for David C. Leimbach. A review of the distirct court docket shows transcripts ordered were already on file. Defendant is represented by the following attorneys: Christopher J. Eckhart Angela S. Cash Karen B. Reisinger SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C. You do not have to pay the attorneys who represent the Class Members. See Atl. at 6-7 (N.D. Cal. Overall. Schedule Monday - Friday 1:30pm - 10:30pm. See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. The plaintiff need only make a prima facie showing of jurisdiction to defeat the motion to dismiss, but "may not simply rest on the bare allegations of the complaint." 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. shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . Huddleston has failed to provide any evidence that the Contract's terms regarding forum selection were not clearly communicated in the ICOA or that the inclusion of the forum selection clause was the product of fraud or overreaching. Manner of Service: email. john christner trucking Inc. John Christner Trucking. We've also provided a list of contacts should you have any questions. In determining whether jurisdiction is reasonable, courts consider seven factors: (1) the extent of a defendant's purposeful interjection into the forum; (2) the burden on the defendant in defending in the forum; (3) the extent of conflict with the sovereignty of the defendant's state; (4) the forum state's interest in adjudicating the dispute; (5) the most efficient judicial resolution of the dispute; (6) the importance of the forum to the plaintiff's interest in convenient and effective relief; and (7) the existence of an alternative forum. This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. [21-5025] [Entered: 03/11/2021 03:45 PM], Dallas County Texas Courts | Personal Injury | 2009) (called into question on other grounds by Narayan v. EGL, Inc., 616 F.3d 895, 899, 904 (9th Cir. M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972). The original complaint alleged that truck drivers for the Sapulpa, Okla.-based company often worked 70-100 hours per week while being paid less than $500. JOHN CHRISTNER TRUCKING, LLC, Defendant. 410.10 (2004). Report this profile . John Christner Trucking LLC Sapulpa, OK. Quick Apply. Manner of Service: email. (citing Iskanian for the proposition that representative PAGA claims may be brought in forums other than California state courts). Marine, 134 S. Ct. at 581. Under the general venue statute, a civil action may be brought in: (1) a judicial district in which any defendant resides, if all defendants are residents of the state in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action. (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. Thread Status: Not open for further replies. 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"). Join Our Community Today! The Crowley declaration includes as an exhibit a copy of the "Independent Contractor Operating Agreement" ("ICOA") that Huddleston signed. 3d 1199, 1206 n.4 (C.D. In support of its motion to dismiss, JCT submits, inter alia, a declaration from Shannon Crowley, Vice President of Risk Management. 2015). 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. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1073 (9th Cir. it must be reasonable." He also asserts that the power differential between himself and JCT, the inability to negotiate the contract, and his lack of advanced formal education all work to render the provision a product of overreaching. [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. DECLARATION OF KAREN BUTLER REISINGER RE DEFENDANT'S CLASS ACTION FAIRNESS ACT SETTLEMENT NOTICE by John Christner Trucking, LLC (With attachments) (Reisinger, Karen) 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. Cal. Cal. 2007) (citing Murphy, 362 F.3d at 1141; E.J. (10/24/19 Mot hrng & 12/09/20 Sched conf.). Manner of Service: email. 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. 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. Served on 04/27/2021. Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. The Ninth Circuit has outlined three situations in which enforcement of a forum-selection clause would be unreasonable: "(1) if the inclusion of the clause in the agreement was the product of fraud or overreaching; (2) if the party wishing to repudiate the clause would effectively be deprived of his day in court were the clause enforced; and (3) if enforcement would contravene a strong public policy of the forum in which suit is brought." Opp. Both groups are considered Class Members in this Notice. Id. July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." Served on: 03/25/2021. [21-5025] [Entered: 03/15/2021 11:58 AM], [10814928] Entry of appearance filed by Michael J Blaschke, Mr. Robert S. Boulter, Ms. Carolyn H. Cottrell, Mr. David C. Leimbach, Ms. Michelle S. Lim and Ms. Rachel Lawrence Mor for Thomas Huddleston. One (1) settlement share for each FLSA Workweek. at 9. The combined revenue of both companies will exceed $1. In EEOC v. Waffle House, Inc., 534 U.S. 279 (2002), the Supreme Court held that a governmental agency was not bound by an employee's arbitration agreement such that it was barred from pursuing judicial relief in an enforcement action. Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. Yahoo, 433 F.3d at 1206; Schwarzenegger, 374 F.3d at 802. John Christner Trucking, LLC, N.D. Oklahoma (Case No. Manner of Service: email. COO John Christner Trucking, LLC . ECF No. John Christner Trucking Just Sold To Hirschbach Trucking 5 Min Ago Grab some Mutha Trucker Gear@ https://theasianmaishow.com/ For information . Id. But after fuel. Join to apply for the Team Leader in Settlement Services #219682 role at Credit Suisse. The opinion in Waffle House was fairly narrow and distinguishable from the facts here. The Court applies federal law to the interpretation and enforcement of a forum-selection clause. He testifies that JCT said it would make every effort to make his first and last stop of any given trip in California so his work would be completed close to home, and that his first and last stops were indeed in California. 2:13-CV-00161-JAM-AC, 2015 WL 1530510, at *3 (E.D. ECF No. The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. [21-5023, 21-5025] [Entered: 03/25/2021 08:56 AM], [10817559] Entry of appearance filed by Adam Carl Smedstad, James Anthony Eckhart, Mrs. Angela Stemle Cashand Christopher Eckhart for John Christner Trucking, LLC. You may also withdraw your objection in writing by mailing a withdrawal statement to the Court and counsel for the parties postmarked no later than Monday, October 17, 2022, orally at the Final Approval Hearing, or as otherwise ordered by the Court. The Court is unpersuaded that transferring this case to the Northern District of Oklahoma would serve to extinguish Huddleston's California state law claims. Mot. 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."). at 919. We have the right trucks, the right freight, and the right people. [21-5025] [Entered: 04/14/2021 04:21 PM], Docket[10817932] Minute order filed - Transcript order form due 04/08/2021 for Brian Neil, Court Reporter. Rhode Island is appealing a court ruling that ended the states truck-only tolls. at 298. When you end the contract they leave you stuck in Oklahoma and take you to a run down hotel. First name. [21-5025] [Entered: 04/20/2021 09:24 AM], Docket[10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. The lawsuit was filed in 2017. 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. The clause here is clearly marked; the section header is bolded, and the forum-selection provision is in capital letters. 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. at *4. 10 ("Opp. We have the right trucks, the right freight, the right people. 5-1, Crowley Decl. See id. Huddleston does not allege that he was prevented from reading the IOCA, misled about the effect of the forum-selection clause, or that the clause was fraudulently inserted without his knowledge. 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. ROBERTO BALDERRAMA vs. JOHN CHRISTNER TRUCKING, JACQUELINE BRADFORD, Ordosgoitti v. Werner Enterprises, Inc. et al, Chandler et al v. Craters & Freighters Franchise Company, Beissel et al v. Western Flyer Express, LLC, Board of Education of Yukon Oklahoma Public Schools v. SYSCO USA II, LLC, Seay et al v. Oklahoma Board of Dentistry et al, Seay, et al v. Oklahoma Board of Dentistry, et al. JCT also argues for transfer to the Northern District of Oklahoma pursuant to 28 U.S.C. 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. Id. JCT does not target any advertising specifically to California and, since at least 2013, only 10- 12% of its total nationwide miles have been logged in California. Bringing your own truck, you enjoy all of our great benefits (you''re responsible for your 2290). A former safety manager for a California company has been sentenced to probation for a conspiracy involving the illegal repair of cargo tanks. 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. [21-5025] [Entered: 03/15/2021 12:22 PM], [10815141] Admissions letter sent. . Code Ann. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. (internal quotation marks omitted)). Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). In essence, the lawsuit alleges JCT made false representations about its lease purchase program and concealed material facts. Response date set to 04/14/2021 for David C. Leimbach. B. OF INTERESTED PARTIES: n. Served on 03/12/2021. at 581 n.6 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 241 n.6 (1981) (internal quotation marks omitted)). Also, every "owner-operator" completes an orientation at those headquarters. . Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. [21-5025] [Entered: 04/14/2021 04:43 PM], Docket[10822463] Attorney Mr. David C. Leimbach for Thomas Huddleston admitted to the bar of this court. 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. Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). The claims in this lawsuit are brought under federal law, California law, and Oklahoma law. Wash. 2005). 10 West Market Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 637-1777 Facsimile: (317) 687-2414 Huddleston has also presented a prima facie case under the purposeful availment test. Certificate of Interested Parties: No. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. If you have money saved in your account or money they owe you for loads you have delivered they will pay . Manner of Service: email. 2006)). Still others have found that they are neither tort nor contract claims. Now as a fleet of over 800 trucks, John has had the support of many throughout the years, including his two sons Danny & Darryl. The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . 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). Here, in contrast, the forum-selection clause is not limiting any remedies that would otherwise be available to the government or removing the case from the courts completely; instead, it merely "alters which specific court will hear those claims." None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. B. Venue. 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 The most common ethnicity at John Christner Trucking is White (66%), followed by Hispanic or Latino (11%) and Black or African American (10%). 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. JCT restricts all routes accross I-90 but if driver does not say anything about added miles to avoid JCT WILL NOT Pay them same as using I-70 west of Denver in winter. 71st St., Suite 200Tulsa, OK 74136Telephone: (918) 970-2000Facsimile: (918) 970-2002. Therein, he states that he is a resident of California and that much of his work activity took place in California. Proc. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 12. Murphy, 362 F.3d at 1140 (quoting M/S Bremen., 47 U.S. at 17). And the best part of all, documents in their CrowdSourced Library are FREE! Iowa-based Hirschbach Motor Lines has acquired John Christner Trucking, a refrigerated carrier based in Sapulpa. Select SOLO DRIVER or TEAM DRIVER. The forum-selection clause of the ICOA provides as follows: In response, Huddleston submits his own declaration. 1:13-CV-00712-AWI, 2013 WL 3730391, at *2 (E.D. CERT. "As a general matter, California courts will enforce adequate forum selection clauses that apply to non-waivable statutory claims, because such clauses do[ ] not waive the claims, they simply submit their resolution to another forum." 4:17-cv-00549-GKF-CDL). A forum-selection clause is "not unreasonable merely because of the parties' unequal bargaining power: it is enforceable if there is reasonable communication of the clause." John Christner founded Sapulpa, Okla.-based John Christner Trucking in 1986. 1993) holding modified by Yahoo! JCT's contacts with California are not mere happenstance resulting from Huddleston's incidental residence in the state independent of JCT's conduct. B. Venue, Federal Rule of Civil Procedure 12(b)(3) authorizes motions to dismiss for improper venue. Oklahoma Class All current and former individuals who provide(d) transportation services for Defendant within the United States, who (1) entered into an Independent Contractor Operating Agreement with Defendant, and (2) entered into a Lease Agreement with Defendant or Three Diamond Leasing, LLC, from April 12, 2014 to June 21, 2022. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. . 10. Levine v. Entrust Grp., Inc., No. [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). To calculate your estimated compensation package at JCT: Select OWNER OPERATOR or LEASE PURCHASE. Atl. ECF No. Mot. Indeed, the list of pick-ups and drop-offs appended as Exhibit B to the Crowley Declaration shows that twelve of the twenty-five loads that JCT assigned to Huddleston had origin or destination points within the state of California. The postmark date of mailing to Class Counsel and Defendants counsel shall be the exclusive means for determining that an objection is timely mailed to counsel. However, "[w]hether another reasonable forum exists becomes an issue only when the forum state is shown to be unreasonable." DATE RECEIVED: 03/11/2021. The plaintiff bears the burden of satisfying the first two prongs of the test. Plaintiff opposed, ECF No. 1 : UPS Inc. Thumbnails Document Outline Attachments Layers. John Christner was great at first and then milege saving came to be the normal no matter the load and route drivers lose 100+ miles per load sometimes as high as 200. Upon the date the Settlement becomes effective (Effective Date), all Class Participants release claims as follows against Defendant, and their present and former parent companies, subsidiaries, divisions, affiliates, successors, predecessors, related companies, and joint ventures, and each of their present and former officers, directors, shareholders, agents, employees, insurers, attorneys, accountants, auditors, advisors, representatives, consultants, administrators, trustees, general and limited partners, predecessors, successors and assigns (collectively, the Released Parties): In addition, all Class Participants expressly waive, as to the Released Claims stated above and based on or arising out of the same factual predicates of the Complaint, running through June 21, 2022, the provisions, rights, and benefits of California Civil Code 1542, which reads: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Attorney at Scopelitis Garvin Light Hanson & Feary, Attorney at Schneider Wallace Cottrell Konecky, Docket[10826612] On the court's own motion and pursuant to 10th Cir. Submit. 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 John Christner Trucking - Inc. John Christner Trucking LLC. Mahoney v. Depuy Orthopaedics, Inc., No. Iskanian v. CLS Transp.
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