Signed by District Judge Thomas A Varlan on 6/13/12. Plaintiffs-Appellees Timothy Pratt and William Burrell are two of the named plaintiffs in this putative class action lawsuit against Defendants-Appellants Cellular Sales of New York, LLC ("Cellular Sales") and its . Business Rating: Rate this business The facts are drawn from the district court's memorandum, supplemented as necessary by the record. Barkan Meizlish Handelman Goodin DeRose Wentz, LLP, Chamberlain, Hrdlicka, White, Williams & Aughtry. 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. of Teamsters, 561 U.S. 287 (2010). Cellular Sales of Ohio, LLC served on 3/27/2012. 216(b) (Santillo, R) (Entered: 12/27/2012), MOTION for Charles J. Muller III to Appear, ORDER that the disputed language shall NOT be included in the proposed notice that is sent to the putative class members. Defendants shall have until May 30, 2013, to re-urge or supplement their Motions to Dismiss. Brett majored in biology at the University of Tennessee-Knoxville. 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. We have filed criminal charges Cleveland Georgia, ENDBAR FOUNDATIONS INC efi demolition equipment, Endbar Foundations Screwed me out of $2000 on the 1st job and $29,970 on the 2nd Job over 10 Months of work gone. (Campbell, Tena) (Entered: 08/12/2013), SCHEDULING ORDER:Signed by Magistrate Judge H Bruce Guyton on 08/07/2013. Cellular Sales of Delaware, LLC served on 3/27/2012. (Campbell, Tena) (Entered: 03/04/2013), Joint MOTION Extend Deadline by Nicholas Bolletino, 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) (Santillo, R) (Entered: 10/22/2012), NOTICE by Giuseppe Anile of Consent of GIUSEPPE ANILE to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Signed by District Judge Tena Campbell on 05/31/2013. The Newsletter Bringing the Legal System to Light. The company has been included in Inc. Magazines Inc 5000 list nine times. But they were later charged sales tax on the full price of the phones and service. (c/m)(ABF) (Entered: 05/15/2012), RESPONSE in Opposition re 30 MOTION to Dismiss for Lack of Jurisdiction filed by Nicholas Bolletino. Rockville MD, Tervana Car collection Bought a caror so I thought. The company operates 745 Verizon locations in 42 states as part of its Cellular Sales division. As late as December 28, 2011, an office manager at Cellular Sales explained how to fill out the employment application correctly, clarifying that recipients of her e-mail were not employees: Everyone please make sure you answer the Y/N questions correctly on the Employment Application. Contact us. 56 0 obj <> endobj (ABF) (Entered: 06/08/2012), MOTION to Stay Discovery and Rule 26 Disclosures and Memorandum of Law in Support Thereof 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. 2. Consumers love to do business with someone that can admit mistakes and state how they made improvements. Terms and conditions. Instead, it is only through parol evidence that we know that the employer-employee relationship commenced when Pratt and Burrell signed the Compensation Agreements. Plaintiffs 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 defendants affirmatively labeled plaintiffs as nonemployees. (Campbell, Tena) (Entered: 03/13/2013), Joint MOTION for Extension of Time to File Proposed Schedule by the parties. That lawsuit alleges that Cellular Sales violated the Fair Labor Standards Act, 29 U.S.C. (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. (Attachments: # 1 Other Cert. 216(b) (Tift, Scott) (Entered: 02/15/2013), NOTICE by Nicholas Bolletino Notice of Filing Consent of Samuel Jason Sigmon, Jordan Michael, Torreze Days, Hollie Vickers, Daphne Keith, Derek Collins, Andrew Michener, Gregg Robertson, Kimberly Cifarelli, Peter Cifarelli, Jason Black, and Andre Moore to Become Party Plaintiffs Pursuant to FLSA Section 16, 29 U.S.C. We interpret a contract to give full meaning and effect to all of its provisions. LaSalle Bank Nat'l Ass'n v. Nomura Asset Capital Corp., 424 F.3d 195, 206 (2d Cir.2005) (internal quotation marks omitted). For example, in Coenen v. R.W. The plaintiff subsequently brought claims against another NYSE member named Pressprich. (Hyatt, Seth) (Entered: 06/13/2013), AFFIDAVIT re 191 Response in Opposition to Motion, DECLARATION OF NICHOLAS BOLLETINO by Nicholas Bolletino. This category also includes claims brought by employees against the North Carolina Wage and Hour Act and the Pennsylvania Minimum Wage Act. You're all set! Reeses role as a lawyer is to keep the companys interests and reputation in order. 216(b) (Santillo, R) (Entered: 08/20/2012), NOTICE by Sandra Fite of Consent of SANDRA FITE to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Tift, Scott) (Entered: 01/14/2013), NOTICE by Nicholas Bolletino Notice of Filing Consent of Ryan Hellwege, John Pena, Larry Keown, Allen Raitt, Laurence Metzger, and Rolin Rayne (Tift, Scott) (Entered: 01/11/2013), NOTICE by Nicholas Bolletino Notice of Consent of Kristin Hough, David Thompson, Raymond Dube, Desiree Atkins, Shaniya Washington, Gary Stickl, Chrisopher Taggart, Crage McKenzie, Emily Sluder, Austin Wells, Kristopher Dowdell, Wesley Bryant, and Brandon Roberts, to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. (KAW) (Entered: 07/10/2013), ORDER granting 202 Motion for Leave to File Document, based upon the parties' agreement and for good cause shown. U.S. Mail Return Receipt- Cellular Sales of South Carolina, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. Austin, Cedar Park, Killeen, Georgetown, Taylor, , Texas, Cellular Sales they r a bunch of thieves that steal from there own employees Chambersburg, Pennsylvania, Geeks Ondemand LLC, Lizeth Lagomarcino Papaleo Geeks Ondemand LLC, The Geeks Mob SCAM! (Attachments: # 1 Other Cert. 12. A total of 89 sales representatives have agreed to sue the company as of this writing. 216(b) (Tift, Scott) (Entered: 02/13/2013), First AMENDED Collective Action COMPLAINT against All Defendants filed by Nicholas Bolletino. Law 190 et seq., 650 et seq. Dane Scism, the CEO of Cellular Sales, travels the country scouting for new Verizon store locations almost every day. DefendantsAppellants have maintained before the district court that Pratt and Burrell were independent contractors, and they may attempt to use the Sales Agreements to prove that. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. by Rachelle | Sep 22, 2022 | Investigations & Crime. Estimated amount consumers saved since 1997: $15,590,010,907. Further, since the arbitration clause has no explicit temporal limitation, our task is to analyze whether the claims aris[e] out of, or [relate] to Employee's employment with [Cellular Sales], Joint App. 9j%jDn4a,? Because my phone number is out of service, I have been unable to reach it for the fifth day in a row. 13. 216(b) (Santillo, R) (Entered: 09/19/2012), NOTICE by Shawn Stanton of Consent of SHAWN STANTON to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. You can explore additional available newsletters here. Cellular Sales 1138 NE DOUGLAS STREET, LEE SUMMIT, MO 64086 Internet United States of America Phone: Web: www.cellularsales.com Category: Cellular Phone Companies Cellular Sales CSOKI EMPLOYEE AND CUSTOMER EXPLOITATION , Internet *General Comment: Fraud Waste of Time Company!!!! 216(b) (Tift, Scott) (Entered: 02/19/2013), NOTICE by Nicholas Bolletino Notice of Filing of Consent of Alicia Ramkissoon to Become Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. DefendantsAppellants have not persuaded us that the forceful evidence requirement should be extended to the contract presently before us. Reese Thomas has 20 years of experience in both business and legal matters. (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, ). (VaQ: (Attachments: # 1 Other Certified U.S. Mail Receipt- Cellular Sales of New Jersey, LLC)(Garrison, David) (Entered: 03/29/2012), SUMMONS Returned Executed by Nicholas Bolletino. (Entered: 03/11/2013), NOTICE by Nicholas Bolletino Notice of Consent of Mary Baker to Become Party Plaintiff Pursuant to FLSA Section 16(b) 29 U.S.C. In his role as COO, he oversees the companys key functions, such as store operations, technology, supply chain management, and logistics. Golf Classic benefiting Mary Bird Perkins Cancer Center in Baton Rouge. Spectrum Cable Spectrum Came into my home, damaged my PC and leaves me screwed. That lawsuit alleges that Cellular Sales violated theFair Labor Standards Act 29 U.S.C. In 2011, Cellular Sales offered PlaintiffsAppellees full-time employment. Corporate Advocacy Program: How to repair your business reputation. (Attachments: # 1 Exhibit A-I, # 2 Exhibit J-O)(Carbo, Charles) (Entered: 06/14/2013), AFFIDAVIT re 191 Response in Opposition to Motion, DECLARATION OF JEANNIFER TEMPLE by Nicholas Bolletino. The United States District Court for the Northern District of New York (Mordue, J.) Amelia Ohio, CELLULAR SALES OF NORTH CAROLINA Cancelled order without customer's knowledge Charlotte North Carolina, Cellular Sales of SC ATROCIOUS TREATMENT! Motorola Credit Corp. v. Uzan, 388 F.3d 39, 49 (2d Cir.2004). 233. Signed by Magistrate Judge H Bruce Guyton on April 30, 2013. (Attachments: # 1 Other, # 2 Other, # 3 Other, # 4 Other, # 5 Other, # 6 Other, # 7 Other, # 8 Other, # 9 Other, # 10 Other, # 11 Other, # 12 Other, # 13 Other, # 14 Other, # 15 Other, # 16 Other, # 17 Other, # 18 Other)(KAW) (Entered: 03/22/2012), ORDER granting in part and denying in part 49 Defendants' Motion for Stay of Discovery and Rule 26 Disclosures and 58 Plaintiffs' Motion for Equitable Tolling on Behalf of Potential Opt-in Plaintiffs. (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. (LWM) (Entered: 07/08/2013), ORDER granting 199 Motion for Leave to File Excess Pages, based upon parties' agreement and for good cause shown. (Attachments: # 1 Exhibit Exhibits A, B, B1, B2, B3, C, # 2 Text of Proposed Order)(McGehee, Daniel). Pamona CA California, Cellular Sales Verizon Cellular Sales They have paperwork that don't match you service, what phone numbers are no signatures. All rights reserved. (Carbo, Charles) (Entered: 04/30/2013), ORDER granting 183 Defendants' Unopposed Motion to Extend the Deadline to Re-Urge and/or Supplement its Motions to Dismiss. 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. See id. (Hyatt, Seth) (Entered: 06/13/2013), AFFIDAVIT re 191 Response in Opposition to Motion, DECLARATION OF AMANDA BAILEY by Nicholas Bolletino. 216(b) (Santillo, R) (Entered: 09/27/2012), NOTICE by Rebecca Chalson of Consent of REBECCA CHALSON to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. We reach this conclusion, in large part, based on the fact that when the Compensation Agreements were signed, the parties' contractual positions changed in a way that impacted arbitrability. The list of best things to do in Auvergne-Rhne-Alpes includes sightseeing, pretty towns, history, and natural wonders! (Entered: 10/04/2012), NOTICE by Rockmeyer Estes of Consent of ROCKMEYER ESTES to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Despite the fact that AT&T will benefit financially from the sale, Verizon Wireless customers in California will bear the brunt of it. See JLM Indus. (Entered: 04/03/2012), SUMMONS Returned Executed by Nicholas Bolletino. Final Pretrial Conference set for 5/1/2013 03:00 PM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan.Signed by District Judge Thomas A Varlan on 5/15/12. Joint App. (Tift, Scott) (Entered: 06/20/2012), LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to 53 MOTION for Leave to File Sur-Reply in Opposition to Defendants' Reply in Support of Defendants' Motion to Dismiss, Compel Arbitration, and Dismiss Class/Collective Action Allegations Under Rule 12(b)(1) and Sections 3 and 4 of the FAA, or by Nicholas Bolletino, William Love, III filed by Nicholas Bolletino, William Love, III. Under PlaintiffsAppellees' view, the plain language of the contract reveals that the parties did not intend the arbitration clause to have a retroactive scope because PlaintiffsAppellees' employment started the day the Compensation Agreements were signed. Id. 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. The new iPad. Thus, our discussion focuses on the scope of that agreement. Instead, the correct approach is to assess whether the parties intended for the arbitration clause to cover the present dispute. v. Commc'ns Workers of Am., 475 U.S. 643, 650 (1986). 216(b) (Tift, Scott) (Entered: 02/07/2013), NOTICE by Nicholas Bolletino Notice of Consent of Patrick Gray, Mark Phillips, and Robin Sanders to Become Party Plaintiffs Pursaunt to FLSA Section 16(b) 29 U.S.C. Slawson says he and the other putative class members were non-exempt employees. Sign up or sign in to contribute one. Defendants now pursue this interlocutory appeal. You already receive all suggested Justia Opinion Summary Newsletters. AT&T has agreed to a $12 million settlement in a class-action lawsuit over its throttling of "unlimited" mobile data plans. 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. See Irizarry v. Catsimatidis, 722 F.3d 99, 104 (2d Cir.2013). Added MOTION to Compel Arbitration on 7/15/2013 (ADA). Today's top 343 Engineer jobs in Grenoble, Auvergne-Rhne-Alpes, France. There is no document attached to this entry.) Text STOP to stop. Save 25% on a pre-paid one year subscription. Put case on wrong and phone was destroyed! Cellular Sales has thrived as a national retailer as a result of Pam Whites financial and strategic direction as CFO. Bundle entertainment packages. (Entered: 06/13/2013), ORDER granting 188 Motion for Leave to File Excess Pages. how to summon ben drowned on cleverbot, ursula sue nitto, what foods contain olestra,