NTG then notes that Specter does not challenge the validity of the Contract Provisions and that [t]he Forum-Selection Clause broadly covers not only claims for breach of contract but also tort claims to the extent that they arise out of the agreement between the parties. Hoping you guys can help here. The Fourth Circuit has observed: We had worked with them before and had only minor issues, but this time all 3 shipments had major issues. I sincerely apologize for any inconvenience this has caused. From inventory placement, mode analysis to overall network design, a team is here to help shippers reach new heights. III. A developer sued the city of La Habra for more than $100 million last week for blocking the conversion of an unprofitable golf course into a 443-home housing and After booking the load online for $300 I called to confirm that this load would be able to fit on my 26ft box truck. Nolan Transportation Group has not paid me for a load that I have dropped April 21 2022. When considering complaint information, please take into account the company's size and volume of transactions, and understand that the nature of complaints and a firm's responses to them are often more important than the number of complaints. WebNOLAN TRANSPORTATION GROUP, LLC Back to Search Results NOLAN TRANSPORTATION GROUP, LLC (U.S. DOT# 2236769) is authorized by FMCSA to may be available from PACER. Please see our Privacy Policy. Based on the complaint, it seems like this was short because of they could not get all of the freight on the truck, so therefore that is not a claim that just means they had to get another carrier to complete the load. at 5). In this case the load was cancelled because the shipper needed a larger truck. NTG quotes May v. Ticketmaster Entmt, LLC, No. For more results perform a general search for "Nolan Transportation Group, Inc.". In its reply brief, NTG argues that Scepter has ignored the agreement that it would waive all objections to venue and jurisdiction, including forum non conveniens. (Doc. 6, 2016) in which he stated that the broad language of the Atlantic Marine Court does not indicate that there is any distinction in analysis between a mandatory clause and a permissive clause. This is undoubtedly the minority view, however, and one that this Court declines to follow. WebOn 10/19/2020 NOLAN TRANSPORTATION GROUP, LLC filed an Other lawsuit against GREENPATH RECOVERY SOUTHWEST, INC. 7) will be denied. NTG argues that the changed calculus set forth in Atlantic Marine applies regardless of whether the clause is mandatory or permissive. 4:22-CV-00005 | 2022-01-05, U.S. District Courts | Personal Injury | When a court is presented with a Rule 12(b)(6) motion, it may consider the Complaint and any exhibits attached thereto, public records, items appearing in the record of the case and exhibits attached to defendants motion to dismiss so long as they are referred to in the Complaint and are central to the claims contained therein. Bassett v. Natl Collegiate Athletic Assn, 528 F.3d 426, 430 (6th Cir. Further, I agree to pay a service charge of 1 % per month on any and all past due balances. La. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. I do hereby waive all objections to venue and jurisdiction, including forum non conveniens. Banks, Inc. v. Organized Fishing, Inc., No. It relies on Magistrate Judge Knowles decision in Enkema v. FTI Consulting, Inc., No. porch. Harris holds an Ed.D. So have the appellate courts. 1937, 173 L.Ed.2d 868 (2009), and when considering a motion to transfer under 1404(a) facts outside the pleadings are considered only when they are undisputed, Price v. PBG Hourly Pension Plan, 921 F.Supp.2d at 772 (collecting cases). Web4335 Stuart Andrew Blvd. For the foregoing reasons, NTGs Motion to Dismiss Under F.R. | Tenn. Oct. 13, 2010) for the proposition [i]n addressing a Rule 12(b)(6) motion to enforce a forum-selection clause, the court only needs to determine whether the forum selection clause is enforceable and applicable; if it is, then the suit should be dismissed. (Doc. of Texas, 571 U.S. 49, 63, 134 S.Ct. Sol. If it is mandatory, then Atlantic Marine controls and [plaintiff] bears the burden of proving why it should not be enforced. He lives in Atlanta with his wife Amy and their two children. Note that complaint text that is displayed might not represent all complaints filed with BBB. Spectrum Cable Spectrum Came into my home, damaged my PC and leaves me screwed. Sol. What are the consequences if they do not remove me from the calling list? For 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. 28 U.S.C. He is also a fellow of the Association of Chartered Certified Accountants (ACCA). Reference should be made to the terms of this agreement as stated on page one (1) and NTGs extended terms and conditions located at www.ntglfreight.com/services. (Doc. In short, [a] mandatory forum selection clause grants exclusive jurisdiction to a selected forum, while a permissive forum selection clause only reflects the contracting parties consent to resolve disputes in a certain forum, but does not require that disputes be resolved in that forum. Macsteel Intl USA Corp. v. M/V Larch Arrow, 354 F. Appx 537, 539 (2d Cir. NOLAN TRANSPORTATION 4 CARRIAGE LANE Charleston, South Carolina United States of America Phone: They simply ignore the request, call from another phone number, or another person. I told them this was personal cell and not business line. USA.gov | Freedom Even if a week or two passed without being harassed by NTGs salespeople, sure enough, I would end up receiving spam calls and emails again shortly thereafter. Scam Trucking companies, Short pay invoices. How BBB Processes Complaints and Reviews. In order to access this system, please visit: We have asked NTG multiple times to stop calling our business and asked them to take ** off of their list; however, it seems it does not get through to them. NOLAN TRANSPORTATION GROUP, LLC, Defendant. of Louisiana, L.L.C. 2009); see also, Am. Privacy | The only thing before the Court are allegations that (1) Specter, a Tennessee corporation, has a principal place of business in Humphreys County, Tennessee; (2) NTG has a place of business in Davidson County, Tennessee; (3) Specter contacted NTG to have aluminum ingot picked up in Waverly, Tennessee; and (4) the ingot disappeared after being picked up in Waverly. From on-demand brokerage solutions to parcel claims management, TI & NTG solutions are designed to give shippers and carriers the intelligence, tools and expert-led support they need to create a more resilient supply chain and adapt to market volatility. 1404(a). The Court analyzes each Count in turn. Some loads are posted on load boards as 53 foot loads but are able to fit on a 26 ft box truck. This docket was last retrieved on November 29, 2018. We would like the calls to stop. Scepter, Inc. v. Nolan Transportation Group, LLC, US District Court for the Middle District of Tennessee, TN State Bar status verified as active for Claude Benton Patton, Britney Kennedy Pope, and D. Alexander Fardon. Prior to joining TI & NTG in 2017, Bryan served as the Vice President, Human Resources at Charter Schools USA overseeing HR functions and departments of thousands of employees nationwide. The TI services and digital product portfolio spans North America, offering domestic freight and parcel transportation solutions, warehousing, data intelligence and supply chain consulting. No. 3:18-cv-00990 | Filed 11/29/2018 Attorneys and Law Firms D. Alexander Fardon, Riley, Warnock & By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, . Since that time, I have received dozens and dozens of phone calls and emails from their salespeople, despite numerous verbal and written requests to be removed from their communications lists. NTG informed Scepter that a driver would pick-up the ingot on June 14, 2018 at 1:30 p.m. The Contract Provisions contain no such requirement. (jm). Overall, there is little evidence that detox diets help eliminate any of these compounds. A more recent docket listing 4 Years Also in its reply brief, NTG points to additional terms that are allegedly on its website and that were incorporated into the contract between the parties. Council of Laborers v. Pittsburgh-Des Moines Steel Co., 69 F.3d 1034, 1037 (9th Cir. However, BBB does not verify the accuracy of information provided by third parties, and does not guarantee the accuracy of any information in Business Profiles. Well guide you through the process. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Initially we were not able to resolve this due to not having the rate confirmation for this load. Consumers want to see how a business took care of business. Third, when a party bound by a forum-selection clause flouts its contractual obligation and files suit in a different forum, a 1404(a) transfer of venue will not carry with it the original venues choice-of-law rulesa factor that in some circumstances may affect public-interest considerations. Id. All business will get complaints. He is responsible for developing the entire shipper organization that includes customer sales, customer operations, contractual sales, client services and the sales enablement groups. 2008). As SVP of People, he oversees the organizational development department, talent management and acquisition, training and development, compensation, benefits and additional core human resource functions as well as workforce related compliance and risk management. We used this company for a few truckload shipments. I will promptly notify NTG of any subsequent changes which would affect the accuracy of any information provided. of Information Act (FOIA) | Accessibility | OIG Hotline | They had horrible customer service and attention to detail so we removed them from future loads. 1404(a). A monthly digest of recent news events in the motor carrier and insurance industries. 2016). An FSC is mandatory only if it contains clear language specifying that litigation must occur in the specified forum-and language merely indicating that the courts of a particular place shall have jurisdiction (or similar) is insufficient to make an FSC mandatory. His work seamlessly provides the right solutions for each customers unique transportation needs by leveraging a vast carrier network. at 581). The customer has been removed from the call list. A more recent docket listing may be available from PACER . All rights reserved. 1:15 CV 2485, 2016 WL 2646740, at *1 (N.D. Ohio May 10, 2016) (holding that forum selection clause which provided the parties hereby consent and submit themselves to the jurisdiction and venue in any State or Federal court located in the City of Cleveland, Ohio and that [t]his Agreement shall be construed and enforced in accordance with the laws of the State of Ohio was permissive); Kendle v. Whig Enter., LLC, No. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. 1995) (To be mandatory, a clause must contain language that clearly designates a forum as the exclusive one.). For more information visit: www.TIholdco.com. A household goods broker arranges the transportation of a customers personal household possessions. If one books a load with a broker, a nice house with a pool might be a clue that something is not right. 12). Brokers are an intermediary between the shipper (customer) and carrier. Nolan seeks the dismissal of all claims asserted against it: Counts I-III of the Third Amended Complaint. This has been escalated to upper management and all contact information for this company will be removed from our call and email list. 252, 70 L.Ed.2d 419 (1981) ). Each company we work with has specific experience requirements for their drivers. It is unthinkable that a national organization would be completely incapable of obliging a simple, lawful Do Not Contact request. 8 at 4). 14, 2016), report and recommendation adopted, No. So has the only court of appeals that has considered the issue.). If you choose to do business with this business, please let the business know that you contacted BBB for a BBB Business Profile. Austin Texas, AMC LLC PROPERTY MANAGEMENT MATT GOELZE IS A LIAR AND A THIEF REFUSING TO GIVE ME BACK MY RENTAL DEPOSIT Salt Lake City Utah, Tactical USA login.tacticalusa.com Failed to deliver on all promised goods and services Boston MA, Priority Wrecker Service BEWARE OF CASH ONLY SCAMMING TOWING COMPANY, THEY CHARGE $75 PER MILE AND THEY TAKE CASH ONLY THE OWNER IS A CONVICTED FELON WHO HAS multiple arrest Batavia Illinois. We have advised Nolan Transportation that we already have them set up with us and they need to remove us from their call list, but the calls continue. may be available from PACER. to optimize shippers logistics networks. In CDL School Now Prior to joining NTG, Harris honed his unique sales skills and leadership style as a head football coach in the Georgia High School Association (GHSA) for over a decade. Better Business Bureau:I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. I do not work for this company. Can we penalize them with a fine?Sincerely, *******************. Their product sucks. Nov. 22, 2016) (holding dismissal under Rule 12(b)(6) is inappropriate when forum clause appears to be permissive rather than mandatory, and thus does not deprive this court of jurisdiction); Dorel Steel Erection Corp. v. Capco Steel Corp., 392 F.Supp.2d 110, 115 (D. Mass. Only mandatory clauses justify transfer or dismissal. Legal Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.Youll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. A dynamic leader with more than 25 years of experience driving growth in the technology and logistics space, Ken has led TI & NTG since 2020. 2:23-AP-04008 | 2023-01-04. P. 12(b)(6) or Alternatively to Transfer Venue Under 28 U.S.C. Regards,Customer and Carrier Experience Team. BBB asks third parties who publish complaints, reviews and/or responses on this website to affirm that the information provided is accurate. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. They need to be fined money for them to stop harassing people. (980) 225-9100. No. Ken is passionate about providing customers with technology-driven logistics solutions that simplify and transform the supply chain. This company is incapable of obliging a simple No Contact request and deserves legal and financial penalties for its conduct. This system also allows HHG companies the ability to view the individual details of the complaints and to challenge duplicate or fraudulent complaints. No. It states that (1) the parties submit to the jurisdiction and venue of the Fulton County, Georgia courts, and (2) Specter waives all objections to that jurisdiction and that venue. First, the plaintiffs choice of forum merits no weight. International Association of Better Business Bureaus. Aqua America, Inc. v. Workers Compensation Appeal Board, Do Not Sell or Share My Personal Information. The carrier even apologized for it at delivery. Among other things, the attached Contract Provisions stated: Leveraging expertise, data and technology, supply chain consulting is design. This should be resolved. The TI services and digital product portfolio spans North America, offering domestic freight and parcel transportation solutions, warehousing, data intelligence and supply chain consulting. 1404(a) (Doc. ] Atl. Pennington v. FedEx Ground Package System, Inc. et al, Gerred et al v. FedEx Ground Packaging System, Inc. et al. Want More Details? No. BBB Business Profiles are provided solely to assist you in exercising your own best judgment. Ken started his career at Ernst & Young LLP as a management consultant. WebFreight Transportation Arrangement Support Activities for Transportation Transportation and Warehousing Printer Friendly View Address: 1735 Founders Pkwy Ste 300 Alpharetta, GA, 30009-7606 United States See other locations Phone: Website: www.ntgfreight.com Employees (this site): Modelled ESG industry average: What is D&B's ESG Ranking? Nathan Tooley, the Chief Financial Officer of Specter, signed the Customer Profile Form and it was submitted to NTG on June 7, 2018. His vision and execution strategy have led to significant growth, both organically and through acquisition, resulting in TI & NTG becoming the 8th largest logistics company in the US, with over $5B in revenue. Please allow ************************************ the unlikely event that someone from our organization would still reach out to you, please email ******************************************** and we will be sure to get this addressed immediately. 2023, International Association of Better Business Bureaus, Inc., separately incorporated Better Business Bureau organizations in the US, Canada and Mexico and BBB Institute for Marketplace Trust, Inc. All rights reserved. It cost my semi truck fuel to pick & drop that load for those ********** not right for me not to be compensated for the work I have done. This business has 0 complaints. Drew Herpich is the Chief Commercial Officer (CCO) of Transportation Insight Holding Company (TIHC) responsible for fostering and developing partner relationships with the most dynamic carrier offering in the industry. A more recent docket listing If it is permissive, then the traditional forum non conveniens analysis applies and [defendant] bears a heavy burden in opposing [plaintiffs] alternative forum. NOLAN TRANSPORTATION GROUP, LLC, Defendant. I have zero reason to believe their reply, and they have no credibility whatsoever on the topic of privacy. NOLAN TRANSPORTATION GROUP LLC Freight Brokers 400 NORTHRIDGE RD STE 1000 ATLANTA, GA 30350 +1 (770) 509-9611 FMCSA Page Safety Rating FMCSA Safer Find on Google Claim this profile Add report FMCSA Broker Authority Information for NOLAN TRANSPORTATION GROUP LLC still nothing. I apologize for your experience and would be happy to look into this further. Ken Beyer is the CEO of Transportation Insight Holding Company, where he oversees the strategic vision of the combined organization for Transportation Insight (TI) and Nolan Transportation Group (NTG). I have been asked to be removed from their list over 15 times from 15 different people and it continues to happen weekly. Scepter, Inc. (Scepter) filed a response in opposition to the Motion (Doc. Similarly, when ruling on a motion to transfer, [t]he Court may consider exhibits attached to the complaint and documents that are necessarily embraced by the pleadings. P.L. v. Jefferson Par., 48 F.Supp.3d 894, 909 (E.D. If you do not agree with these terms, then do not use our website and/or services. Tenn. Apr. 2014). It matters not which avenue the Court takes in this case because the end result is the same: the case will remain here instead of being transferred to the United States District Court for the Northern District of Georgia as requested by NTG. He is positioned to similarly strengthen all functions of the shipper organization providing unmatched customer service in the industry. They should be complete but we will provide and missing details as requested promptly. With over 10 years of experience leading talent management and human resources efforts in the education management and professional services industries, Bryan is a champion of corporate culture who understands the value of its integration for successful organizations to thrive and grow. The driver stated that he was nearing Scepters facility. Why Ripoff Report will not release author information! My company used NTG's services on one occasion, for a one-off shipment, in August of 2022. Tech. WebPhoenix Class Action Administration Solutions www.phoenixclassaction.com | P.O. at 6) (emphasis added). A permissive forum selection clause does not deprive the Court of jurisdiction and therefore dismissal under Rule 12(b)(6) is unwarranted. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. Miller v. Nolan Transportation Group Inc. CDL Grad, No Experience San Francisco (December 18, 2018) Gryphon Investors (Gryphon), a San Francisco-based middle-market private equity firm, announced today that it has acquired a majority stake in Nolan Transportation Group (NTG), one of the largest and fastest-growing non-asset freight brokerages in the United States, in partnership with its existing For load *******, this is also a load from May 2022, but the *** shows shortages. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. According to the Complaint and its attachments1 filed in the Chancery Court, these are the facts: After repeated solicitations from NTG, Scepter completed a Customer Profile Form. A cover sheet titled Contract Provisions was attached to the form, and immediately below the signature line on the form was the notation that [t]he contract provisions on page one (1) are incorporated by reference and constitute a part of the agreement. I have documentation on all of these issues and need help getting the dispute resolved. Filed 11/29/2018 His vision and leadership will continue advancing the TI & NTG proprietary software and technology platform, which leads the industry in intuitive user experience, freight brokerage processes, robust infrastructure, and powerful security for applications and customer and carrier data. This form is not an agreement to extend credit, and that NTG, at its discretion, may extend or withdraw credit at any time. WebNolan Transportation Group (NTG) is a full-provider, 3rd party Logistics Employer devoted to delivering the highest degree of operations within the transportation enterprise. Pursuant to 28 U.S.C. With more than 25 years of experience in application development and infrastructure management, Brian drives the companys development of digital technologies that better serve the transportation market. The vast majority of district courts deciding this issue have rejected Atlantic Marines application to permissive forum selection clauses. Drew is a graduate of Western Michigan University where he studied sales and business marketing at the Haworth College of Business. As for forum non conveniens, there is nothing before the Court to indicate that this is an inconvenient forum. The website identifies Customer Terms and Conditions which, among other things, contains a Governing Law and Forum provision that reads: Reflects complaints, answers, motions, orders and trial notes entered from Jan. 1, 2011. He also previously spent three years at the Recruiting Manager for the Mergis Group, a prominent executive talent agency working with clients such as Wells Fargo, JP Morgan Chase, TD Bank, Honeywell, and Microsoft. I give my express consent authorizing TruckersReport and its. Tech. v. Jefferson Par., 594 F. Appx 820, 821 (5th Cir. Because of the additional costs incurred by their mistakes, we are asking for invoices *******, *******, and ******* to be voided and a credit of $7,545 for damages and extra cost incurred as a direct result of their and their carrier's mistakes to be issued to our account. No. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages, Don't let them get away with it! Let the truth be known!. Marine Const. As the Fifth Circuit has explained: BBB of Southern Piedmont and Western N.C. BBB reports on known marketplace practices. This number has also been escalated and will be added to the *** list. Copyright 1997-2023, Ripoff Report. All of this may be true, but the argument hinges on there being a forum selection clause that required Specter to file suit in Fulton County, Georgia. A subscription to PACER is required. His efforts have earned him the reputation of developing the best brokers in the industry by empowering and motivating individuals and teams to find creative solutions that better serve customers. Nolan Transportation Group, LLC (NTG) is a non-asset based Broker and will be referenced as a Broker when any determination of relationship is needed between NTG and Customer. In total, NTG is trying to bill us a total of $23,000 for these shipments (this includes the 3 inbound and 3 outbound shipments for these shows).

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