(Entered: 05/30/2013), NOTICE by Samuel Jason Sigmon of Withdraw (DeRose, Robert) (Entered: 05/09/2013), NOTICE of Appearance by Seth M Hyatt on behalf of All Plaintiffs (Hyatt, Seth) (Entered: 05/06/2013), ANSWER to 155 Amended Complaint Subject to Defendants' Motion to Dismiss and Compel Arbitration by Cellular Sales of Birmingham, LLC, Cellular Sales of Delaware, LLC, Cellular Sales of Georgia, LLC, Cellular Sales of Indiana, LLC, Cellular Sales of Kentucky, LLC, Cellular Sales of Knoxville, Inc., Cellular Sales of Louisiana, LLC, Cellular Sales of Maryland, LLC, Cellular Sales of Mississippi, LLC, Cellular Sales of Missouri, LLC, Cellular Sales of New Jersey, LLC, Cellular Sales of New York, LLC, Cellular Sales of North Carolina, LLC, Cellular Sales of Northern Florida, LLC, Cellular Sales of Ohio, LLC, Cellular Sales of Pennsylvania, LLC, Cellular Sales of South Carolina, LLC, Cellular Sales of Tennessee, LLC, Cellular Sales of Texas, LLC. 216(b) (Tift, Scott) (Entered: 01/23/2013), MOTION to Amend/Revise 1 Complaint,,,,,,, by Nicholas Bolletino. You may be eligible for a portion of a $14 million class action settlement -- but you only have until the end of today to file your claim. PlaintiffsAppellees Pratt and Burrell respond that this Court need not reach DefendantsAppellants' argument because the Compensation Agreement is unambiguous. 21117 (Compensation Agreement). David L. Threlkeld & Co. v. Metallgesellschaft, Ltd., 923 F.2d 245, 248 (2d Cir.1991). (Attachments: # 1 Text of Proposed Order)(Garrison, David) Modified text on 4/25/2012 (ADA). Jason Slawson of Dunmore, Pa., individually and on behalf of others similarly situated, filed a lawsuit Aug. 3 against Cellular Sales of Knoxville Inc., based in Tennessee and doing business in Louisiana, in U.S. District Court for the Eastern District of Louisiana, alleging ongoing FLSA infringement starting in 2012. Specifically, arbitration is a matter of contract, and therefore a party cannot be required to submit to arbitration any dispute which [it] has not agreed so to submit. JLM Indus., 387 F.3d at 171 (alteration in original) (citations and internal quotation marks omitted). (Attachments: # 1 Exhibit A Email of May 22, 2012, # 2 Exhibit B Email of June 1, 2012, # 3 Exhibit C Declaration of William Love, III, # 4 Other Unpublished Case Law)(Tift, Scott) (Entered: 07/02/2012), ORDER granting 53 Motion for Leave to File Sur-Reply. Id. 216(b) (Tift, Scott) (Entered: 02/18/2013), NOTICE by Nicholas Bolletino Notice of Filing of Consent of Matthew P. Bell, Jesus Casarez, Angela A. Cirignano, Stephen Dean, Matt Haverty, John B. Henderson, Emmalee Ilar, Neal Jean-Pierre, Jessica Montoya, Devin Pelkey, Scott Renshaw, Justin Renzenbrink, Melissa Anderson Ventii, Aimee Villavicencio, George Wallace, John A. Yanchunis to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. (Campbell, Tena) (Entered: 12/06/2012), MEMORANDUM in Support of Proposed Notice Language re 103 Order. All rights reserved. DefendantsAppellants contend that the arbitration clause here is susceptible of an interpretation that covers the dispute at issue here because Pratt and Burrell allege that they were Cellular Sales employees prior to signing the Compensation Agreements.10 In response, PlaintiffsAppellees contend that the prior Sales Agreements and the conduct of the parties reveals positive assurance that the parties did not intend for the arbitration agreement to apply to claims that arose during the time period when DefendantsAppellants affirmatively labeled PlaintiffsAppellees as non-employees.11. 216(b) (Santillo, R) (Entered: 08/31/2012), NOTICE by Nicholas Bolletino OF FILING NOTICE OF CONSENT (Attachments: # 1 Exhibit A- Signed Consent Form)(Garrison, David) (Entered: 08/31/2012), NOTICE by Lester Levine of Consent of LESTER LEVINE to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Visit Lyon. HELP for help. We DO NOT remove reports. , 20et seq1 . All courthouse personnel, judges, and law enforcement have been made . DefendantsAppellants have not persuaded us that the forceful evidence requirement should be extended to the contract presently before us. (Doc. Cellular Sales celebrates 30 years in wireless, Heres a first look at Apple iPhone 14, iOS 16, Incorporating technology in the classroom and at home. still nothing. (VaQ: ("FLSA"), by failing to pay Chapman overtime compensation, as well . As of 2019, Cellular Sales had over 850 stores in 41 states. DefendantsAppellants also cite Arrigo v. Blue Fish Commodities, 408 F. App'x 480 (2d Cir.2011) (summary order), a case in which we stated that an arbitration clause that applied to all federal and state statutory claims covered employment-based claims that predated the arbitration clause. ORDERED that the Defendants may filed their Reply to Plaintiff's Response to Defendant's Supplemental Motion to Dismiss and Compel Arbitration with this Court on or before Friday, June 28, 2013.Signed by Magistrate Judge H Bruce Guyton on 06/25/2013. 216(b) (Tift, Scott) (Entered: 02/01/2013), NOTICE by Nicholas Bolletino Notice of Consent of Leslie Michael Belcher, Blake Cobb, Jack W. Gibson, Jr., Cody Gillaspie, Shanta Sapp, Josh Feagans, Sunni Richardson, Daniel DiFonzo, Aarin Damiano, Christ D. Brown, Merrick Kelly, Joseph Hufstetler, Daniel Ewell, Andrea Williams, Rodney Williams, Jr., Robert Taylor, Jr., Emmanuel Bart Williams, Dustin Amos, Danny Skinner, Kristina White, Arnold J. Cellular Sales of Texas, LLC served on 3/26/2012. See United Steel Workers Local 45025 v. E .I. Although contractual language referring to the payment of commissions beginning on the third month after commencement of employment and an example concerning January sales commissions might suggest an understanding that the contractual employment relationship began in January 2012, Joint App. However, the department is continuing to investigate individual complaints as they are received. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (ABF) (Entered: 05/22/2012), Unopposed MOTION for Extension of Time to File Response/Reply to Pending Motions to Dismiss by Cellular Sales of Birmingham, LLC, Cellular Sales of Delaware, LLC, Cellular Sales of Georgia, LLC, Cellular Sales of Indiana, LLC, Cellular Sales of Kentucky, LLC, Cellular Sales of Knoxville, Inc., Cellular Sales of Louisiana, LLC, Cellular Sales of Maryland, LLC, Cellular Sales of Mississippi, LLC, Cellular Sales of Missouri, LLC, Cellular Sales of New Jersey, LLC, Cellular Sales of New York, LLC, Cellular Sales of North Carolina, LLC, Cellular Sales of Northern Florida, LLC, Cellular Sales of Ohio, LLC, Cellular Sales of Pennsylvania, LLC, Cellular Sales of South Carolina, LLC, Cellular Sales of Tennessee, LLC, Cellular Sales of Texas, LLC. (Entered: 07/02/2013), REPLY to Response to Motion re 189 MOTION to Dismiss Supplement and Compel Arbitration filed by Cellular Sales of Birmingham, LLC, Cellular Sales of Delaware, LLC, Cellular Sales of Georgia, LLC, Cellular Sales of Indiana, LLC, Cellular Sales of Kentucky, LLC, Cellular Sales of Knoxville, Inc., Cellular Sales of Louisiana, LLC, Cellular Sales of Maryland, LLC, Cellular Sales of Mississippi, LLC, Cellular Sales of Missouri, LLC, Cellular Sales of New Jersey, LLC, Cellular Sales of New York, LLC, Cellular Sales of North Carolina, LLC, Cellular Sales of Northern Florida, LLC, Cellular Sales of Ohio, LLC, Cellular Sales of Pennsylvania, LLC, Cellular Sales of South Carolina, LLC, Cellular Sales of Tennessee, LLC, Cellular Sales of Texas, LLC. 3:12-cv-00138 in the Tennessee Eastern District Court. Working at Cellular Sales: 1,483 Reviews in US | Indeed.com He is represented by attorney Alan Kansas of The Law Office of Alan Kansas in Terrytown. They allege that before the execution of the Compensation Agreements, Cellular Sales misclassified them as independent contractors when they were actually employees (within the meaning of various labor laws) because Cellular Sales controlled their work performance. hUn0+c&E3iK"~I*vS%) ] ?v}66c45B*). ]7.47{Xnvwu~$#2tj;JJXTP .B`' H4|yD(A Learn more about FindLaws newsletters, including our terms of use and privacy policy. All rights reserved. (Attachments: # 1 Text of Proposed Order) (Carbo, Charles) Modified text on 3/25/2013 (AYB). This dispute is about events that transpired when the Sales Agreements were in effect, and these contracts have their own dispute resolution mechanism. (Attachments: # 1 Text of Proposed Order)(Carbo, Charles) (Entered: 05/18/2012), NOTICE of Appearance by Charles Larry Carbo, III on behalf of Cellular Sales of Birmingham, LLC, Cellular Sales of Delaware, LLC, Cellular Sales of Georgia, LLC, Cellular Sales of Indiana, LLC, Cellular Sales of Kentucky, LLC, Cellular Sales of Knoxville, Inc., Cellular Sales of Louisiana, LLC, Cellular Sales of Maryland, LLC, Cellular Sales of Mississippi, LLC, Cellular Sales of Missouri, LLC, Cellular Sales of New Jersey, LLC, Cellular Sales of New York, LLC, Cellular Sales of North Carolina, LLC, Cellular Sales of Northern Florida, LLC, Cellular Sales of Ohio, LLC, Cellular Sales of Pennsylvania, LLC, Cellular Sales of South Carolina, LLC, Cellular Sales of Tennessee, LLC, Cellular Sales of Texas, LLC (Carbo, Charles) (Entered: 05/18/2012), SCHEDULING ORDER: Jury Trial set for 5/13/2013 09:00 AM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. U.S. Mail Return Receipt- Cellular Sales of Knoxville, Inc.)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. Cherry valley New York, Rustys Rod Shop Rusty Grindle Criminal activity and thousands in damages to my 6 figure truck build. There is no document attached to this entry.) West, Stephen Roberts, Marietta Ward, and Santo Fulmino to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. The Tennessee Department of Commerce and Insurance has been investigating these complaints and has so far found no evidence of widespread consumer fraud at cellular sales stores in Knoxville. SOL!!!! (Attachments: # 1 Text of Proposed Order Proposed Order) (Hyatt, Seth) Modified text on 7/3/2013 (AYB). The Top Companies Sued Over Discrimination and Harassment in 2020 216(b) (Santillo, R) (Entered: 09/27/2012), NOTICE by Lindsey C. Pursley of Consent of LINDSEY C. PURSLEY to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Last Updated September 10, 2016 at 7:48 PM EDT (6.6 years ago), STATUS REPORT by Cellular Sales of Birmingham, LLC, Cellular Sales of Delaware, LLC, Cellular Sales of Georgia, LLC, Cellular Sales of Indiana, LLC, Cellular Sales of Kentucky, LLC, Cellular Sales of Knoxville, Inc., Cellular Sales of Louisiana, LLC, Cellular Sales of Maryland, LLC, Cellular Sales of Mississippi, LLC, Cellular Sales of Missouri, LLC, Cellular Sales of New Jersey, LLC, Cellular Sales of New York, LLC, Cellular Sales of North Carolina, LLC, Cellular Sales of Northern Florida, LLC, Cellular Sales of Ohio, LLC, Cellular Sales of Pennsylvania, LLC, Cellular Sales of South Carolina, LLC, Cellular Sales of Tennessee, LLC, Cellular Sales of Texas, LLC. 10. Parties outside of court must meet in mediation in order to resolve labor disputes. AT&T's $60 Million Settlement: Time Is Running Out to Claim Money 216(b) (Tift, Scott) (Entered: 01/16/2013), NOTICE by Nicholas Bolletino Notice of Consent of Brian Figert, Michael Serlo Mathelier, Rachinda Anfinson, Darla Moses, Tyler Hines, Erin Royal, Stephen Sales, Justin Blankenship, Tonia Sutton, Melissa Williams, Sarah Leith, Tammie Hamilton-Doerhoff, Michael Smith, Francis Landrio, Keegan Sturdivant, Alyson Daddazio, Tara Spoonamore, Justin Simpson, Tim Padgett, Brandy Dean Smith, Marc Coplon, Ray Waclawsky, Cody Lantz, Jodi DeQuiros, and Kevin Campbell to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. Cellular Sales of Ohio, LLC served on 3/27/2012. Signed by District Judge Thomas A Varlan on 5/22/12. 60-cv-20-1970, in the Circuit Court of Pulaski County, Arkansas. HOLICK v. CELLULAR SALES OF NEW YORK LLC | FindLaw Get free summaries of new Second Circuit US Court of Appeals opinions delivered to your inbox! The first paragraph of the Compensation Agreement states in full: Cellular Sales (Company) is in the business of retail sales of Verizon Wireless services and related equipment and accessories (Products). Despite the fact that AT&T will benefit financially from the sale, Verizon Wireless customers in California will bear the brunt of it. Today Is the Last Day to Claim Money From AT&T's $14 Million - CNET 216(b) (Tift, Scott) (Entered: 02/13/2013), First AMENDED Collective Action COMPLAINT against All Defendants filed by Nicholas Bolletino. Neither this paragraph nor any other provision of the contract states that the employer-employee relationship commenced with the execution of the Compensation Agreement or otherwise uses language stating that the employment relationship replaced a prior contractual arrangement. (Hyatt, Seth) (Entered: 06/13/2013), AFFIDAVIT re 191 Response in Opposition to Motion, DECLARATION OF NICHOLAS BOLLETINO by Nicholas Bolletino. Cellular Sales independently operates this site and is a Verizon Authorized Retailer. Cellular Sales operates 745 retail locations across 42 states in the United States. Contact us. (KAW) (Entered: 07/10/2013), ORDER granting 202 Motion for Leave to File Document, based upon the parties' agreement and for good cause shown. 0 FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. That lawsuit alleges that Cellular Sales violated theFair Labor Standards Act 29 U.S.C. 13). The Judges overseeing this case are MILITELLO, PAUL LOUIE, MURPHY, VINCENT and MILITELLO, PAUL. At that time, Cellular Sales required Plaintiffs to form a corporate entity (such as a limited liability company) and sign a NonExclusive Independent Sales Agreement (Sales Agreement) in order to be sales representatives. Copyright 2023, Thomson Reuters. U.S. Mail Return Receipt- Cellular Sales of Pennsylvania, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. In 2011, Cellular Sales offered PlaintiffsAppellees full-time employment. CELLULAR SALES OF KNOXVIL | No. 1:19CV768. | 20200103810 | Leagle.com customer agreement do not call policy privacy policy return policy. As part of its deal, AT&T Wireless Group will acquire wireless licenses held by Bell Atlantic Corp., Vodafone AirTouch PLC, and GTE Corp. for a total of $3.3 billion in San Francisco, San Diego, and Houston. (ABF) (Entered: 06/13/2012), MOTION for Hearing on Pending Motions to Dismiss by Nicholas Bolletino. 216(b) (Santillo, R) (Entered: 09/19/2012), NOTICE by Nathan Damboise of Consent of NATHAN DAMBOISE to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Defendants attorneys: C. Larry Carbo and Ryan Cantrell. 343 Engineer jobs in Grenoble, Auvergne-Rhne-Alpes, France (5 new) The new iPad. (Attachments: # 1 Other Cert. All Rights Reserved. !wE_?/X}{ {@" endstream endobj 57 0 obj <> endobj 58 0 obj <> endobj 59 0 obj <>stream 216(b) (Tift, Scott) (Entered: 01/17/2013), NOTICE by Nicholas Bolletino Notice of Consent of Monty Balado, Eloiza Birch, Wael Berry, Stephen Garrett, Bryan Scott Rupe,Gregory Bloch, Micah Gusson, Anthony Daniel Farina, Stephen Kesseler, Thomas Ingram, Sean Morgan, Joe Goldschmidt, Dewey McVea, Donald Kevin Fuller, and Damien Tucker to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. Sanford Maine, Cellular Sales Beware of Cellular Sales Events' Representatives Levittown New York, Cellular Sales / Andrew Kennedy False Bill of Goods North Hampton New Hampshire, cellular sales CSOKI, cellular sales of EP, cell sales, scum of the earth EXPLOITATIONS< DRUNKS< UNACCOUNTABLE< FANTASY WORLD philadelphia, Pennsylvania, Cellular Sales Verizon Wireless Cellular Sales is a SCAM to customers and especially their employees!!!! (McKinney). Bolletino v. Cellular Sales of Knoxville, Inc. et al :: Tennessee Id. 9. (Attachments: # 1 Text of Proposed Order)(Carbo, Charles) Modified text on 5/31/2013 (ABF). hzy`SUIfO&m6m_hih-k[,[V 8Kq!3VA8VtwK,~}z{n pP_7+-swK>@nZULn w-\oLg][ 7[r aq ;{~ MXP9]u- S7X{q=k{/btlo[x'q} (DeRose, Robert) (Entered: 12/28/2012), NOTICE by LeRon Johnson of Consent of LERON JOHNSON to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Verizon Class Action Claims iPhone Promo Scam That argument, although superficially appealing, is wrong. 62 0 obj <>/Filter/FlateDecode/ID[]/Index[56 16]/Info 55 0 R/Length 52/Prev 45592/Root 57 0 R/Size 72/Type/XRef/W[1 2 1]>>stream 216(b) (Tift, Scott) (Entered: 01/30/2013), NOTICE by Nicholas Bolletino Notice of Consent of Joshua M. Broeker, Michael Mulligan, and Scott Kear to Become Party Plaintiffs Pursuant to FLSA 16(b), 29 U.S.C. That lawsuit alleges that Cellular Sales violated the Fair Labor Standards Act, 29 U.S.C. Solely reading within the four corners of the contract, we cannot discern whether the parties intended for the arbitration agreement's scope to cover the current dispute. This case was filed in Sumter County Florida Courts, Sumter County Courthouse located in Sumter, Florida. It has a market capitalization of more than $2 billion and is expected to open a new store every three days in 2019. These factual allegations do not touch matters covered by the arbitration clause because they do not evince the parties' intent to enter into an employment relationship. #;:dcU`UZp#)u}]+W\CVg\.R%Hd8x~ck%1rfP Un+;I))B1Y] K5Euk$f:\;5(IM.St6Np(Oq=OM[7O4Fv.mC V7 216(b) (Santillo, R) (Entered: 08/31/2012), NOTICE by Aaron Floyd of Consent of AARON FLOYD to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Cellular Sales of Birmingham, LLC served on 3/26/2012. The PB and JAM Foundation also employs him as the foundations director. Although acknowledging that the compensation agreements did not reference the prior sales agreement, the court nevertheless deemed the sales agreement the only relevant document that existed during the time period to which the plaintiffs had confined their claims. No. at 121112 (alteration in original). 216(b) (Santillo, R) (Entered: 10/04/2012), SUPPLEMENT to 29 MOTION to Dismiss and Compel Arbitration by Cellular Sales of Birmingham, LLC, Cellular Sales of Delaware, LLC, Cellular Sales of Georgia, LLC, Cellular Sales of Indiana, LLC, Cellular Sales of Kentucky, LLC, Cellular Sales of Knoxville, Inc., Cellular Sales of Louisiana, LLC, Cellular Sales of Maryland, LLC, Cellular Sales of Mississippi, LLC, Cellular Sales of Missouri, LLC, Cellular Sales of New Jersey, LLC, Cellular Sales of New York, LLC, Cellular Sales of North Carolina, LLC, Cellular Sales of Northern Florida, LLC, Cellular Sales of Ohio, LLC, Cellular Sales of Pennsylvania, LLC, Cellular Sales of South Carolina, LLC, Cellular Sales of Tennessee, LLC, Cellular Sales of Texas, LLC. DefendantsAppellants' change in course is just the type of positive assurance required to show that the parties did not intend for the arbitration clause to cover the current dispute. (Attachments: # 1 Text of Proposed Order)(Carbo, Charles) (Entered: 06/28/2013), ORDER granting 197 Agreed Motion for Leave to File a Reply Brief to Plaintiff's Response to Defendant's Supplement to Defendant's Motion to Compel Arbitration. To request information suppression, updates, or additions, contact us about this docket. (This entry constitutes the complete order of the Court. Accordingly, the court strikes the hearing on the motion to compel and the motion to dismiss that was set for 9/9/2013 at 11:00 a.m. (Entered: 08/19/2013), Joint MOTION to Stay Pending Mediation by Nicholas Bolletino. (Attachments: # 1 Other Cert. We reasoned that, even though the claim predated the arbitration agreement, the plaintiff had signed it with full knowledge that he had a claim against Pressprich and that Pressprich was a Stock Exchange member. Id. Effective Ways to Save on your Mobile Data, The Law Enforcement Exception To The Use Of Deadly Force, Swearing At Police Officers Is Not Appropriate In Massachusetts, Everything You Need To Know About Car Insurance Companies And Police Reports, The Police In Nigeria Have The Authority To Arrest Without A Warrant Under Certain Circumstances. 219. Plaintiff is DIRECTED to file the proposed sur-reply in the record of this case. (Garrison, David) (Entered: 06/20/2012), ORDER granting 51 Motion for Hearing. The court affirmed the district court's denial of defendants' motion to compel arbitration because it found positive assurance that the parties did not intend for the arbitration agreement to be retroactive. (Carbo, Charles) Modified text on 3/12/2013 (AYB). The court agreed that under the case law, defendants may do so but reminded the parties that all communication must not be deceptive, misleading, or discourage parties from opting in. v. Commc'ns Workers of Am., 475 U.S. 643, 650 (1986). (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(Barrett, George) (Entered: 05/14/2012), RESPONSE in Opposition re 29 MOTION to Dismiss and Compel Arbitration MOTION to CompelMOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nicholas Bolletino. Defendants shall have until May 30, 2013, to re-urge or supplement their Motions to Dismiss. (Attachments: # 1 Civil Cover Sheet, # 2 Other Summons- Cellular Sales of Knoxville, Inc., # 3 Other Summons- Cellular Sales of Alabama, # 4 Other Summons- Cellular Sales of Delaware, # 5 Other Summons- Cellular Sales of Georgia, # 6 Other Summons- Cellular Sales of Indiana, # 7 Other Summons- Cellular Sales of Kentucky, # 8 Other Summons- Cellular Sales of Louisiana, # 9 Other Summons- Cellular Sales of Maryland, # 10 Other Summons- Cellular Sales of Missouri, # 11 Other Summons- Cellular Sales of Mississippi, # 12 Other Summons- Cellular Sales of North Carolina, # 13 Other Summons- Cellular Sales of New Jersey, # 14 Other Summons- Cellular Sales of Northern Florida, # 15 Other Summons- Cellular Sales of New York, # 16 Other Summons- Cellular Sales of Ohio, # 17 Other Summons- Cellular Sales of Pennsylvania, # 18 Other Summons- Cellular Sales of South Carolina, # 19 Other Summons- Cellular Sales of Tennessee, # 20 Other Summons- Cellular Sales of Texas)(Garrison, David) (Attachment 1 replaced on 3/22/2012) (KAW, ). (Entered: 07/24/2013), Second NOTICE of Supplemental Authority in Support of Defendants' Motion to Dismiss Plaintiffs' Complaint and Compel Individual Arbitration, or, Alternatively, to Stay Litigation and Compel Individual Arbitration by Cellular Sales of Birmingham, LLC, Cellular Sales of Delaware, LLC, Cellular Sales of Georgia, LLC, Cellular Sales of Indiana, LLC, Cellular Sales of Kentucky, LLC, Cellular Sales of Knoxville, Inc., Cellular Sales of Louisiana, LLC, Cellular Sales of Maryland, LLC, Cellular Sales of Mississippi, LLC, Cellular Sales of Missouri, LLC, Cellular Sales of New Jersey, LLC, Cellular Sales of New York, LLC, Cellular Sales of North Carolina, LLC, Cellular Sales of Northern Florida, LLC, Cellular Sales of Ohio, LLC, Cellular Sales of Pennsylvania, LLC, Cellular Sales of South Carolina, LLC, Cellular Sales of Tennessee, LLC, Cellular Sales of Texas, LLC (Attachments: # 1 Exhibit A) (Carbo, Charles) Modified text on 7/19/2013 (AYB). qBpC'UBV*E B o/o? There are a few complaints about cellular sales, but nothing too serious. 216(b) (Tift, Scott) (Entered: 02/27/2013), NOTICE by Nicholas Bolletino Notice of Consent of Stephen Medley to Become a Party Plaintiff Pursuant to FLSA Section 16(b) 29 U.S.C. (Garrison, David) (Entered: 08/17/2013), NOTICE of Hearing on Motion 189 MOTION to Dismiss MOTION to Compel : Motion Hearing set for 9/9/2013 at 11:00 AM in Courtroom 1A - Knoxville before District Judge Tena Campbell. A Pennsylvania resident is suing his Tennessee-based employer, alleging labor law violations. We are not persuaded by DefendantsAppellants' argument that we must interpret the arbitration agreement here to have an expansive temporal scope simply because this Court has done so in other cases. Unlike the Fourth Circuit, we are not persuaded that this case begins and ends with the plain language of the Compensation Agreements. (ABF) (Entered: 10/09/2012), NOTICE by Dezmond T. Alexanders of Consent of DEZMOND T. ALEXANDERS to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Since the plain language of the Compensation Agreement is ambiguous, we turn to whether parol evidence sheds light on the parties' intent. hTmO0+84I UjM*IYHiR%FE'wwsH$IkHx[D$I8R~IO "NbFbshg)CLY`( #s;rFeL {L2A\O[qzb43v%C#)Z$_VhS%RC|#!g4nVyiM.Q y~7yYGOUXHSM_mj^^jIx7lAe`qyyL3{mS{3FHE*v*) , (Attachments: # 1 Exhibit Exhibit A)(Barrett, George) (Entered: 07/20/2012), MOTION Equitable Tolling on Behalf of Potential Opt-In Plaintiffs by Nicholas Bolletino, William Love, III. (Attachments: # 1 Exhibit A -- "Clean" version of proposed Amended Complaint, # 2 Exhibit B -- "Redlined" Version of Proposed Amended Complaint, # 3 Text of Proposed Order, # 4 Certificate of Service)(Winebrake, Peter) (Entered: 01/23/2013), NOTICE by Nicholas Bolletino Notice of Consent of Victoria Munson to Become Party Plaintiff Pursuant to FLSA Section 16(b), 29, U.S.C. Their argument is rooted in a line of Supreme Court cases that relate to arbitration clauses in collective bargaining agreements. 216(b) (Santillo, R) (Entered: 11/16/2012), Minute Entry for proceedings held before District Judge Tena Campbell: Motion Hearing held on 11/14/2012 re 29 Motion to Dismiss and Compel Arbitration, Motion to Dismiss for Failure to State A Claim and 30 Motion to Dismiss for Lack of Jurisdiction . ), filed by NICHOLAS BOLLETINO. (Attachments: # 1 Other Certified U.S. Mail Receipt- Cellular Sales of New York, LLC)(Garrison, David) (Entered: 04/23/2012), MOTION to Dismiss for Lack of Jurisdiction by Cellular Sales of Birmingham, LLC, Cellular Sales of Delaware, LLC, Cellular Sales of Georgia, LLC, Cellular Sales of Indiana, LLC, Cellular Sales of Kentucky, LLC, Cellular Sales of Louisiana, LLC, Cellular Sales of Maryland, LLC, Cellular Sales of Mississippi, LLC, Cellular Sales of Missouri, LLC, Cellular Sales of New York, LLC, Cellular Sales of North Carolina, LLC, Cellular Sales of Northern Florida, LLC, Cellular Sales of Ohio, LLC, Cellular Sales of South Carolina, LLC, Cellular Sales of Texas, LLC. Thats what sets us apart. at 855. (adsbygoogle = window.adsbygoogle || []).push({}); Non-Government Works Copyright 2001-2023 Think Computer Corporation. Lawsuit Claims Consumer Cellular Failed to Pay Customer Service Reps PlaintiffsAppellees Timothy Pratt and William Burrell are two of the named plaintiffs in this putative class action lawsuit against DefendantsAppellants Cellular Sales of New York, LLC (Cellular Sales) and its parent company Cellular Sales of Knoxville, Inc. (Cellular Sales of Knoxville). The first paragraph of the Compensation Agreement provides for an at-will employment relationship, stating that [Cellular Sales] has employed you (Employee) to sell [Verizon Wireless services and related equipment]. Joint App. (Attachments: # 1 Other Certified U.S. Mail Receipt- Cellular Sales of Ohio, LLC)(Garrison, David) (Entered: 03/30/2012), SUMMONS Returned Executed by Nicholas Bolletino. 216(b) (Santillo, R) (Entered: 09/12/2012), NOTICE by Robert Edgar of Consent of ROBERT EDGAR to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. (ADA) (Entered: 04/25/2012), PLAINTIFFS UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PENDING MOTIONS TO DISMISS by Nicholas Bolletino. RV involved in hail storm , my RV roof started to leak progressive RV insurance is trying to play the blame game, Kalyan Pathuri Scamming Experiences Over Years - Investment scam is the elephant in the room that everyone is aware of yet doesn't acknowledge in the open, and that is the very act that every investment scammer out there takes advantage of. See Newbanks v. Cellular Sales of Knoxville, Inc., 548 F. App'x 851(4th Cir.2013). 216(b) (Winebrake, Peter) (Entered: 08/16/2012), RESPONSE re 62 Notice (Other), filed by Nicholas Bolletino to Clarify his Position Regarding Discovery. FOSTER to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Why you can't sue your wireless carrier in a class action
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cellular sales lawsuit