john christner trucking settlement
Compare Gonzalez v. Crete Carrier, Consequently, when evaluating a 1404(a) motion based on a forum-selection clause, a court should transfer, Full title:THOMAS HUDDLESTON, individually and on behalf of all others similarly, Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, In Huddleston, Chief Judge O'Neill of this district confronted a materially identical clause: "This Agreement shall be interpreted in accordance with, and governed by the laws of the United States and, of the State of Oklahoma.". (citing Holliday, 2010 WL 3910143, at *4). 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. Once the plaintiff carries this burden, the defendant must come forward with a "compelling case" that the exercise of jurisdiction would not be reasonable. ECF No. C. Forum-Selection Clause And 28 U.S.C. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. The organization will now operate over . Los Angeles, LLC, 59 Cal. John Christner Trucking Reviews - Glassdoor at 11-12. 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. The Court begins its analysis with JCT's challenge to personal jurisdiction. This factor does not weigh in favor of a finding of unreasonableness. The settlement administrator will notify you of the decision on the dispute. Click UPDATE at the bottom of the calculator. 2007) (citing Murphy, 362 F.3d at 1141; E.J. Proc. 2021-06-11, U.S. Courts Of Appeals | Other | Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. Fifth, the question of efficient judicial resolution is neutral. 10-1. 2004). Tiffany Lalim - Driver Settlement - John Christner Trucking, LLC | LinkedIn 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. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] There is nothing to indicate that the provision was the product of undue influence or overreaching. 2011). 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. 10. The second, known as "specific jurisdiction," exists where the litigation is derived from obligations that "arise out of or are connected with the [company's] activities within the state." ECF No. Indeed, courts have found the requirements of specific personal jurisdiction satisfied where a shipping company contracts to ship goods from one state to a second state and a cause of action arises in a third state through which the goods were passing. Full-Time. CDL Solo and Team Truck Drivers - Hickory, PA - John Christner Trucking John Christner Trucking We've Got The Drive You Need Apply Now Search Driver Jobs Search Office Jobs Driver Verification Integrity, Dependability, Stewardship We live by our core values and pride ourselves on the foundation that has been built for over three generations. 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. 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 at 581. Web: www.johnchristner.com. (internal quotation marks omitted)). ECF No. Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. The original complaint alleged that truck drivers for John Christner Trucking often worked 70-100 hours per week while being paid less than $500. Huddleston v. John Christner Trucking, LLC (4:17-cv-00549) Opp. We can transport your goods at temperatures ranging anywhere from minus 20 degrees Fahrenheit to plus 90 degrees Fahrenheit and hold them at the temperature you specify. 5 ("Mot."). JCT contracted with Huddleston (a California resident) to pick up and drop off cargo in California, which is enough to satisfy the test. Served on 03/12/2021. JCT leases facilities in Phoenix, Arizona, and Oklahoma City, Oklahoma. Briefly: Hirschbach completes acquisition of John Christner Trucking Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). Company Snapshot JOHN CHRISTNER TRUCKING LLC USDOT Number: 273897 Other Information for this Carrier SMS Results Licensing & Insurance ID/Operations | Inspections/Crashes In US | Inspections/Crashes In Canada | Safety Rating And the best part of all, documents in their CrowdSourced Library are FREE! Id. 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. [21-5025] [Entered: 03/15/2021 11:58 AM], Docket[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. at 581. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1323 (9th Cir. Please do not contact the court. Good lease to make money. Relators John Christner Trucking, LLC and Stephen Sprague have filed an unopposed motion to dismiss this original proceeding. He testifies in his declaration that litigating in Oklahoma would impose substantial travel costs, including airfare, rental cars, and hotel stays; that if he were to miss "any significant time away from work," his employer may withhold work or terminate his position entirely; and that being the primary wage-earner means that missed wages may threaten his ability to support his family. While the Court is sensitive to the potential financial strain involved in litigating this case in Oklahoma, serving as the named plaintiff in a class action is unlikely to carry with it the requirement that Huddleston travel to Oklahoma with much frequency, and Huddleston has failed to explain why litigating in Oklahoma would require substantially more time away from work than litigating in California such that he would be denied the ability to bring the case. 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. at 8. $246.4 M. Employees. 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. 2000). at *4. 2012 WL 393614, at *1 (emphasis supplied). The United States District Court for the Northern District of Oklahoma has preliminarily approved the Settlement as fair and reasonable. Why one international organization is joining the fight. All Rights Reserved. [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. Id. One (1) settlement share for each FLSA Workweek. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Tenth Circuit. Response date set to 04/14/2021 for David C. Leimbach. The most common ethnicity at John Christner Trucking is White (66%), followed by Hispanic or Latino (11%) and Black or African American (10%). 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. "For a party to escape a forum selection clause on the grounds of fraud, it must show that 'the inclusion of that clause in the contract was the product of fraud or coercion.'" More than 3,000 truck drivers were involved. Huddleston v. John Christner Trucking | Robert S. Boulter | Attorney at Law Rather, "for venue to be proper, significant events or omissions material to the plaintiff's claim must have occurred in the district in question, even if other material events occurred elsewhere." B. Venue. 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. at 6-7 (N.D. Cal. shall be governed by the provisions of the law in New York." Sign up for our weekly newsletter today! In support of its motion to dismiss, JCT submits, inter alia, a declaration from Shannon Crowley, Vice President of Risk Management. John Christner Trucking, LLC, N.D. Oklahoma (Case No. Bancroft & Masters, Inc. v. Augusta Nat. Schwarzenegger, 374 F.3d at 805. Huddleston does not argue that the Court could exercise general jurisdiction over JCT but contends that the Court does have specific jurisdiction over JCT. The test's first prong encompasses both purposeful direction and purposeful availment. Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. Lease and other payments you end up with about $1000 on 3000 mile wk. Id. (10/24/19 Mot hrng & 12/09/20 Sched conf.). OF INTERESTED PARTIES: n. Served on 03/12/2021. COO John Christner Trucking, LLC . 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. 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. Narayan, 616 F.3d at 899; see Elijahjuan v. Superior Court, 210 Cal. "); Turner v. Syfan Logistics, Inc., No. CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. JCT argues that because it is an Oklahoma corporation that holds its driver orientations in Oklahoma and bases its drivers' compensation on miles traveled nationwide, not merely in California, it "never directed its actions at California," and the second prong is left unsatisfied. Reply at 3. The California resident claims he routinely. Weekly Settlement Deduction with JCT (John Christner Trucking) Schedule Monday - Friday 1:30pm - 10:30pm. Objections shall only be considered if the Class Member has not opted out of the Settlement. 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. 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. Cases involving labor standard violations, Fair Labor Standards Act (FLSA) - 29 USC 201, [10826612] On the court's own motion and pursuant to 10th Cir. You do not have to pay the attorneys who represent the Class Members. In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. See Terracom v. Valley National Bank, 49 F.3d 555, 561 (9th Cir. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1073 (9th Cir. "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." 5:22-CV-00848 | 2022-09-21, U.S. District Courts | Civil Right | Code Ann. A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. Id. 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." Hirschbach, based in Dubuque, Iowa, is a privately owned carrier . 1988). 5-1, Crowley Decl. CIVF 07-1321 AWI SMS, 2007 WL 3341389, at *7 (E.D. 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." [21-5023, 21-5025] [Entered: 03/25/2021 08:56 AM], Docket[10817559] Entry of appearance filed by Adam Carl Smedstad, James Anthony Eckhart, Mrs. Angela Stemle Cashand Christopher Eckhart for John Christner Trucking, LLC. "The proper question is whether the defendant's conduct connects him to the forum in a meaningful way." Gulf Ins. Why is this public record being published online? Hirschbach acquiring John Christner Trucking, creating reefer giant. Hirschbach Motor Lines recently agreed to acquire John Christner Trucking (JCT), a refrigerated carrier based in Sapulpa, Oklahoma. 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. 10-1, Huddleston Decl. Marine, 134 S. Ct. at 581. 1y+ OTR Owner Operator - Seattle, WA - R.E. Garrison Trucking, Inc. 4:2017cv00549 - Document 76 (N.D. Okla. 2018) Court Description: OPINION AND ORDER by Chief Judge Gregory K Frizzell (Miscellaneous deadline: 5/8/2018) ; granting in part and denying in part 58 Motion for Collective Action Certification (kjp, Dpty Clk) Download PDF This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. The Settlement provides that Class Counsel will receive attorneys fees of up to 33.33% of $9,250,000.00, and costs not to exceed $150,000.00. 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." 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/. at 582. at 298. 1391. See Narayan v. EGL, Inc., 616 F.3d 895, 899 (9th Cir. B. Discussion in 'Report A BAD Trucking Company Here' started by GipsySoul, Sep 26, 2012. ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. 2011). Huddleston has submitted an affidavit outlining the "prohibitive" financial hardship associated with litigating this case in Oklahoma, Huddleston Decl. JCT Media Center. [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). 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 . Co. v. Glasbrenner, 417 F.3d 353, 356 (2d Cir. This lawsuit alleges that Defendant improperly classified Class Members as independent contractors instead of as employees, and Class Members were not provided meal and rest breaks, were not compensated for all hours worked, were not paid minimum wage, were not paid all wages due upon termination, were not provided timely and compliant itemized wage statements, were not reimbursed for necessary business expenses, and were subject to unfair business practices. In re John Christner Trucking, LLC - casetext.com The party opposing enforcement of the forum selection clause on the grounds of fraud or overreaching "must show that the inclusion of the clause itself into the agreement was improper; it is insufficient to allege that the agreement as a whole was improperly procured." Id. "No one factor is dispositive; a court must balance all seven." 1391 (d). Manner of Service: email. JCT's contacts with California are not mere happenstance resulting from Huddleston's incidental residence in the state independent of JCT's conduct. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1080 (9th Cir. SAFER Web - Company Snapshot JOHN CHRISTNER TRUCKING LLC - Transportation Have you been screwed by John Christner Trucking yet? App. 2006). Management. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199, 1206 (9th Cir. JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 [email protected] (855) 458-3918. 71st St., Suite 200Tulsa, OK 74136Telephone: (918) 970-2000Facsimile: (918) 970-2002. (Oklahoma Class Period). 9. Who are the attorneys representing Defendant John Christner Trucking, LLC? 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."). Telephone conference scheduled for 04/07/2021 at 10:00 am (MT). "We are proud to partner with WorkAdvance and provide Tulsans with employment opportunities," said Angie Buchanan, vice president of Melton Truck Lines. --------. Case information including a copy of the complaint can be found here . Christner said the company has seen continuous growth over the past two decades. 2005) (collecting cases from various federal courts of appeals). 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."). Parts Coordinator. The Crowley declaration includes as an exhibit a copy of the "Independent Contractor Operating Agreement" ("ICOA") that Huddleston signed. Last name. . Crowley testifies that JCT is an Oklahoma limited liability company headquartered in Sapulpa, Oklahoma, which operates in the forty-eight contiguous states. 5:15CV81, 2016 WL 1559176, at *5 (W.D. Va. Apr. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 464 (1985). 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. Marcotte v. Micros Sys., Inc., No. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. Id. 2006). Leaked News! Certificate of Interested Parties: No. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. 1979). 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." You will if you sign a lease! 1404 And Forum-Selection Clause. If you have questions about this Notice, or the Settlement, or if you did not receive this Notice in the mail and you believe that you are or may be a Class Member, you should contact Class Counsel or the Settlement Administrator.This Notice is only a summary. 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. When venue is challenged, the court must determine whether the case falls within one of the three categories set out in the general venue statute, 28 U.S.C. 206, et seq. "Although a FLSA claim for relief ostensibly arises from an employment contract, courts have likened FLSA claims to tort claims and have applied the purposeful direction standard." With combined revenues expected to exceed $1 billion annually, the reefer conglomerate will operate more than 3,000 trucks and . jct Logistics - JCT Logistics Silver Valley Partners, LLC v. De Motte, 400 F. Supp. (Text Only - No Attachment). The DM speaks to their Drivers poorly and use profanity. DATE RECEIVED: 03/11/2021. We've also provided a list of contacts should you have any questions. Opp. LaCross, 95 F. Supp. It is well established that the Fourteenth Amendment's Due Process Clause limits the power of a court to exercise jurisdiction over out-of-state defendants who do not consent to jurisdiction. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to [email protected]. 12 ("Reply"). Huddleston has also presented a prima facie case under the purposeful availment test. By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. Both sides agree that in light of the risks and expenses associated with continued litigation, this Settlement is fair and appropriate under the circumstances, and in the best interests of the Class Members. John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. M/S Bremen, 407 U.S. at 1. 10-1, Huddleston Decl. A trucker has been awarded $500,000 after being unlawfully detained while making a 2019 delivery in California. 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. 752, et seq. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. The ICOA's choice-of-law provision is narrower than the forum-selection clause. Id. See Local Rule 230(g). Reply at 6-8. 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 moves to dismiss based on lack of personal jurisdiction and improper venue or, in the alternative, to transfer the case to the Northern District of Oklahoma, the forum specified in the forum-selection clause of the contract between the parties. 18, 2016) ("It can come as no surprise to Syfan that litigation in Virginia might ensue when Syfan's conduct ensured DD would haul a load of frozen chicken across a significant portion of the state."). 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 . 4:17-cv-00549-GKF-CDL). This Settlement is the result of good faith, arms length negotiations between Plaintiff and Defendant, through their respective attorneys. Purposeful availment is not enough; the claims in this case must also arise out of FCT's contacts with California. 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." 1995). 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. "Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin." Id. JOHN CHRISTNER TRUCKING Jobs (Now Hiring) Near Me Id. A. Job Summary The Parts Coordinator is responsible for taking parts order, dealing one-on-one with mechanics and drivers. Served on: 03/25/2021. ***TIDBIT TUESDAY*** QualComm Message Reinder: Every Friday around 10:00 am you receive a message from the driver settlement department on your qual comm. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. "The party challenging the clause bears a 'heavy burden of proof.'" . Hirschbach Motor Lines acquires John Christner Trucking Atlantic Marine Const. Id. 2011). Certificate of Interested Parties: Yes. Report this profile . Preliminary record filed. CERT. 10 West Market Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 637-1777 Facsimile: (317) 687-2414 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 International Shoe Co. v. Washington, 326 U.S. 310, 318 (1945). 3d at 1207 n.6. John Christner Trucking Careers and Employment in US Bringing your own truck, you enjoy all of our great benefits (you''re responsible for your 2290). JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. [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. This factor primarily concerns "where the witnesses and the evidence are likely to be located." [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. Richards v. Lloyd's of London, 135 F.3d 1289, 1297 (9th Cir. Marcotte, 2014 WL 4477349, at *8 (quoting Besag v. Custom Decorators, Inc., No. 1995). Public Records Policy. Indeed, "but for JCT's transportation operation in California, Huddleston would not have any potential claim under California law." John Christner Trucking Just Sold To Hirschbach Trucking 5 Min Ago Grab some Mutha Trucker Gear@ https://theasianmaishow.com/ For information . 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."
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