216(b) (Santillo, R) (Entered: 09/21/2012), NOTICE by Joshua S. Maleeff of Consent of JOSHUA S. MALEEFF to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Don't shop here! (Entered: 02/13/2013), ORDER granting 134 Plaintiffs' Motion to Amend. See Mehler v. Terminix Int'l Co., 205 F.3d 44, 4950 (2d Cir.2000) (determining scope of arbitration agreement by the contract's language, the timing of its execution, and the conduct of the parties). Why you can't sue your wireless carrier in a class action Parties outside of court must meet in mediation in order to resolve labor disputes. It would be inconsistent with the parties' conduct to construe the Compensation Agreement, which referenced employment, to apply to a period when the parties themselves did not contemplate such a relationship. Verizon Wireless / Cellular Sales Tried to Scam Me with Unwanted Phones and Accessories, Disabled my Existing Phone, Trashed my Credit North Hampton New Hampshire, Cellular sales ,auth.verizon dealer, Rip us off and charged a phone to our account !!! ), filed by NICHOLAS BOLLETINO. DefendantsAppellants are correct that this Court has held that broad arbitration provisions that contain no express temporal limitation can apply to claims that arose prior to the execution of the arbitration agreement. Sales reps are paid well and have access to additional benefits and pay in addition to their competitive salaries. Learn more about FindLaws newsletters, including our terms of use and privacy policy. (Attachments: # 1 Text of Proposed Order) (Carbo, Charles) Modified text on 3/25/2013 (AYB). 216 (b) (Tift, Scott) (Entered: 01/24/2013), NOTICE by Nicholas Bolletino Notice of Consent of William C. Hanley, Dominic Deschambault, Philip McCready, Scott Stanfield, Tom Cooley, Mark Carter, Joe Schmidt, Jim Naebzadeh, Travis Byrd, Erica Ramirez, Julia Ann Watson, Barry Johnson, Caitlyn McAlpine, Victor Franklin, Vivekanan Manivannan, Matthew Taylor, Anthony Kowalczyk, Robert Crawford, DeRon Davis, John Ames, Anthony Hashem, Leslie Grundy, and Joel Craig Finch to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. All business will get complaints. U.S. Mail Return Receipt- Cellular Sales of Georgia, LLC)(Garrison, David) (Entered: 03/28/2012), Summons Issued as to 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. (Hyatt, Seth) (Entered: 06/13/2013), AFFIDAVIT re 191 Response in Opposition to Motion, DECLARATION OF AMANDA BAILEY by Nicholas Bolletino. 216(b) (Tift, Scott) (Entered: 03/07/2013), NOTICE by Nicholas Bolletino Notice of Consent of Adam Alhamdan to Become Party Plaintiff Pursuant to FLSA Section 16(b) 29 U.S.C. Text STOP to stop. 216(b) (Santillo, R) (Entered: 11/05/2012), NOTICE by Daniel Prinzo of Consent of DANIEL PRINZO to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. learn more Unlimited is going Ultra 5G Ultra Wideband is now in more places. 216(b) (Santillo, R) (Entered: 11/14/2012), NOTICE by Kianas Smalls of Consent of KIANAS SMALLS to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. When considering whether claims fall within the scope of an arbitration clause, therefore, we analyze the factual allegations made in the plaintiff's complaint. PDF United States Court of Appeals (LWM) (Entered: 07/08/2013), ORDER granting 199 Motion for Leave to File Excess Pages, based upon parties' agreement and for good cause shown. Signed by District Judge Tena Campbell on February 12, 2013. No Evidence Of Widespread Consumer Fraud At Cellular Sales Stores In Dane Scisms vision for Cellular Sales has always centered on delivering meaningful, in-person interactions in order to create long-term customer satisfaction. You're all set! (Attachments: # 1 Exhibit A, # 2 Exhibit Case Law) (Carbo, Charles) Modified text on 11/27/2012 (AYB). Pamona CA California, Cellular Sales Verizon Cellular Sales They have paperwork that don't match you service, what phone numbers are no signatures. This provision states, in relevant part: All claims, disputes, or controversies arising out of, or in relation to this document or Employee's employment with [Cellular Sales] shall be decided by arbitration Joint App. After DefendantsAppellants affirmatively stated that Pratt and Burrell were not employees for over a year, it rings hollow for them to now argue that the parties intended the word employment in the Compensation Agreements to apply retroactively as to this dispute. Golf Classic benefiting Mary Bird Perkins Cancer Center in Baton Rouge. U.S. District Court for the Eastern District of Louisiana, Judge says California gator products ban violates federal law, in win for Louisiana industry, Federal lawsuit alleges racial hostility at ExxonMobil's Baton Rouge facility, LABI chief resigns post, announces run for Louisiana governor, Stanford University under fire after Louisiana-based federal judge is shouted down during campus talk, Anchor Sponsor of the Hillar C. Moore, Jr. (Attachments: # 1 Appendix Proposed Order)(Winebrake, Peter) (Entered: 11/22/2013), SEALED Document. (internal quotation marks omitted). Founded 2,000 years ago, Lyon's streets are a living museum, with beautiful historical buildings and interesting art galleries and museums. at 481 (internal quotation marks omitted). (AYB) (Entered: 04/18/2013), NOTICE by Jason Haygood of Withdraw (DeRose, Robert) (Entered: 04/03/2013), Joint MOTION for Entry of Scheduling Order by Plaintiffs and Defendants. 3:12-cv-00138 in the Tennessee Eastern District Court. Id. 216(b) (Winebrake, Peter) (Entered: 08/16/2012), RESPONSE re 62 Notice (Other), filed by Nicholas Bolletino to Clarify his Position Regarding Discovery. Cellular Sales of Knoxville, Inc. v. Chapman - casetext.com Copyright 1997-2023, Ripoff Report. Defendants moved to compel arbitration based on an arbitration clause contained in Plaintiffs' subsequent employment agreements. 216(b) (Tift, Scott) (Entered: 01/14/2013), NOTICE by Nicholas Bolletino Notice of Consent of Stanley Leger, LaToya Dates, Daniel Yates, Stephan Pantazelos, Billy Nesbitt, Jr. Kiisha Musgrow, Joshua Stuart, Cynthia Radnovich, Joshua Smiley, and Angela Leon to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. ^/g1] Khd Sign up for our free summaries and get the latest delivered directly to you. 12. A hearing on defendants' motions to dismiss and to compel arbitration is scheduled for 7/18/12 at 2:00 p.m. Plaintiff shall file his sur-reply on or before July 12, 2013 . 216(b) (Tift, Scott) (Entered: 03/18/2013), NOTICE by Nicholas Bolletino Notice of Consent of Reginald Nsonamoah to Become Party Plaintiff Pursuant to FLSA Section 16(b) 29 U.S.C. 201et seq. Their product sucks. at 270. All rights reserved. Signed by Magistrate Judge H Bruce Guyton on February 13, 2013. 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. (Entered: 04/16/2012), ORDER granting 22 , 23 , 24 , 25 , 26 , and 27 Motions for Leave to Appear, MOTION for Leave for Robert DeRose to Appear, SUMMONS Returned Executed by Nicholas Bolletino. (AYB) (Entered: 02/13/2013), NOTICE by Nicholas Bolletino Notice of Consent of Donna Johnson, Kristian Hubner, Adam Mersch, Jennifer Leigh Benitz, John Geer, Eric Donahue, Rebecca Donahue, Scottie Brown, Richard Cooledge, Curtis Matthews, Kimberly Henry, Roger Gomez, Patrick Gabbey, Johnnie Dillard, Anthony Captain, Paul L. Smith, Joe Brown, Glen Nottingham, Garry Guilford, Nenita Quintero, Erin Button, Brandy Hook, Lance Yoxtheimer, David Adelman, Darryl Wingo, Wendi Hill, Shantel Hollis, and Ryne Mallery to Become Party Plaintiffs Pursuant to FLSA Section 16, 29 U.S.C. Dane and his wife purchased Cellular Sales in 1993 and, under his leadership, have experienced tremendous growth and success. 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. Signed by District Judge Tena Campbell on 03/04/2013. We find PlaintiffsAppellees' argument unpersuasive for two reasons. (Doc. Should mediation fail to resolve the dispute, the parties retained the right to pursue any appropriate legal actions against the other Party in a court of competent jurisdiction. Joint App. 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. Joint App. customer agreement do not call policy privacy policy return policy. The United States District Court for the Northern District of New York (Mordue, J.) Immersive listening wherever you go with Beats Studio Buds true wireless noise cancelling earphones. (Attachments: # 1 Other Cert. 216(b) (Tift, Scott) (Entered: 02/28/2013), NOTICE by Nicholas Bolletino Notice of Consent of Julius Williams III and Danny Davison to Become Party Plaintiffs Pursuant to FLSA Section 16(b) 29 U.S.C. 216(b) (Tift, Scott) (Entered: 01/18/2013), NOTICE by Nicholas Bolletino Notice of Consent of Devin DeLucia, James Harvey, and Stephen Orenstein to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. (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. (AYB) (Entered: 12/13/2012), NOTICE by Jan Anderson of Consent of JAN ANSERSON to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Getman, Sweeney, and Dunn provide sales representatives, account managers, and other similar positions in the cellular industry. ("NCWHA"), by failing to pay him earned wages. Id. Located in a very diverse region rich in assets, not only geographically (relief, climate), but also economic and human, the Lyon-Grenoble Auvergne-Rhne-Alpes is the latest INRAE centre to be created. 216(b) (Santillo, R) (Entered: 09/06/2012), NOTICE by Terrence Mack of Consent of TERRENCE MACK 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. 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. PDF For the Middle District of North Carolina Cellular Sales of Knoxville 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. 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. In the Lyon and Grenoble metropolitan areas, and the Haute-Savoie department, INRAE units contribute to research activities at the Lyon-Saint-Etienne, Grenoble-Alpes, and Savoie Mont Blanc . The list of best things to do in Auvergne-Rhne-Alpes includes sightseeing, pretty towns, history, and natural wonders! 216(b) (Tift, Scott) (Entered: 02/15/2013), NOTICE by Nicholas Bolletino Notice of Consent of Kodi Mathis Darbonne, Andrew Dike, and Kestia Sillionnat to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. Cellular Sales of New Jersey, LLC served on 3/26/2012. 216(b) (Santillo, R) (Entered: 10/10/2012), ORDER OF RECUSAL. 216(b) (Tift, Scott) (Entered: 02/20/2013), NOTICE by Nicholas Bolletino Notices of Consent of Kelly E. Rose, Gregory S. Long, Paul Jernigan, Travis Blazer, Stacy Smith, and Rebecca Lynn Pfleiderer to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. (Attachments: # 1 Text of Proposed Order Proposed Order)(Garrison, David) (Entered: 03/01/2013), NOTICE by Nicholas Bolletino Notice of Consent of Kevin Hodes, Kerry Kovacevic, John Landers, Stacy Sofffas, and Daniel Massaad to Become Party Plaintiffs Pursuant to FLSA Section 16(b) 29 U.S.C. 216(b) (Santillo, R) (Entered: 10/15/2012), NOTICE by Michael Jonathan Cain of Consent of MICHAEL JONATHAN CAIN to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Second, the analysis in Lloyd did not turn on the presumption of arbitrability, see 791 F.3d at 27071, making its characterization of the presumption dicta. Added MOTION to Compel {arbitration} and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on 4/17/2012 (ADA). (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. The deadline to. (Attachments: # 1 Other Case)(Carbo, Charles) (Entered: 06/01/2012), REPLY to Response to Motion re 29 MOTION to Dismiss and Compel Arbitration MOTION to CompelMOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 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. It was named Verizon Agent of the Year in both 2020 and 2021. 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. Clerk sues Cellular Sales of Knoxville, alleging FLSA violation Leverage your professional network, and get hired. Law 190 et seq., 650 et seq. A class action lawsuit has been filed against Cellular Sales, alleging that the company violated the Fair Labor Standards Act (FLSA) by failing to pay its sales employees overtime wages. 216(b) (Tift, Scott) (Entered: 02/18/2013), NOTICE by Nicholas Bolletino Notice of Filing Consent of Claude E. Bryant, Jr., Christopher Burns, Nelson Colon, Andrew France, Sylvester G. Harris, II, Jason Haygood, Michael A. Huser, Jr., Stephen J. Kendricks, Kevin Kuryliw, Gregory Lee, Ronnie Eugene Lee, Jr., Victoria R. Lee, Wesley Martin, Trung Nguyen, Larry James Russell, Jr., Julia J. Sayres, Allison Scavone, Martin Schack, Lindsey Smith, Marissa A. Weast, Sang Yi to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. You can also request a claim form or ask questions by calling 877-654-1982 or emailing info@ATTDataThrottling.com. See Irizarry v. Catsimatidis, 722 F.3d 99, 104 (2d Cir.2013). (AYB), COMPLAINT against 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 ( Filing fee $ 350 receipt number 0649-1935066. Cellular Sales of Knoxville, Inc. UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Although Amoco Cadiz arose under different factual circumstances, it demonstrates the absence of a hard and fast rule in the Seventh Circuit prohibiting an arbitration agreement from covering disputes that arose before the agreement was signed. (AYB) (Entered: 04/30/2013), Unopposed MOTION for Extension of Time to File , Reurge and/or Supplement its 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. This Court reviews de novo the district court's decision to deny a motion to compel arbitration. 6. 216(b) (Tift, Scott) (Entered: 01/11/2013), NOTICE by Dezmond T. Alexanders, Jan Anderson, Giuseppe Anile, Gilbert Joseph Bellaran, Nicholas Bolletino, Elvers Brooks, Michael Jonathan Cain, Rebecca Chalson, Nathan Damboise, Torreze Days, William R. Dean, Guerfalone Destinoble, Marc S. Destinoble, Robert Edgar, Rockmeyer Estes, Sandra Fite, Aaron Floyd, Patrick J. N!*ioF]m` There is no document attached to this entry.) Doubts should be resolved in favor of coverage.7 Id. There is no document attached to this entry.) 216(b) (Tift, Scott) (Entered: 01/17/2013), NOTICE by Nicholas Bolletino Notice of Consent of Elizabeth Mistarz, James Johnson, Joel Alicea to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. The lawsuit forced the Army to rethink its acquisition plan, and in March 2018 the service chose both a major defense contractor Raytheon and Palantir to provide new intelligence analysis. On June 18, 2019, this case was filed in the Eastern District of Pennsylvania. The present dispute arose on June 18, 2019, when Chapman allegedly disregarded his arbitration agreement and filed a lawsuit against Cellular Sales in the United States District Court for the Eastern District of Pennsylvania, claiming that Cellular Sales violated the Fair Labor Standards Act and the North Carolina Wage and Hour Act. 95-25.1et seq. 8IjKmi1F*"z (fy=#"_]qg%z>Sx}wC&]cp3']0M5KOW}Y(_`o-5m^uO1P}Q$ 1G A total of 89 sales representatives have agreed to sue the company as of this writing. DuPont de Nemours & Co., 565 F.3d 99, 10102 (2d Cir.2009) (per curiam); see, e.g., AT & T Techs. This category also includes claims brought by employees against the North Carolina Wage and Hour Act and the Pennsylvania Minimum Wage Act. 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. That lawsuit alleges that Cellular Sales violated theFair Labor Standards Act 29 U.S.C. 216(b) (Santillo, R) (Entered: 11/07/2012), NOTICE by Torreze Days of Consent of TORREZE DAYS to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Will be used in accordance with our terms of service & privacy policy. 216(b) (Santillo, R) (Entered: 09/27/2012), NOTICE by Todd A. Harner of Consent of TODD A. HARNER to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Cellular Sales of Texas sues former employee for theft When deciding whether the parties agreed to arbitrate a certain matter , courts generally apply ordinary state-law principles that govern the formation of contracts. First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 944 (1995). 60-cv-20-1970, in the Circuit Court of Pulaski County, Arkansas. 1-3 96-99, 103-105.) (Attachments: # 1 Other Cert. Signed by District Judge Tena Campbell on 08/19/2013. (Hyatt, Seth) (Entered: 06/13/2013), AFFIDAVIT re 191 Response in Opposition to Motion, DECLARATION OF NICHOLAS BOLLETINO by Nicholas Bolletino. at 852. (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).