(jmk) (Entered: 01/25/2013), NOTICE by Nicholas Bolletino Notice of Consent of Dario Anderson to Become Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. In turn, each Plaintiff was an employee of his own company (referred to as a Sales Company): Each person who is engaged by the Sales Company to render services with respect to those activities for which Sales Company receives Sales Commissions shall be an employee of the Sales Company and not of [Cellular Sales ]. Id . Clerk sues Cellular Sales of Knoxville, alleging FLSA violation Advertisers above have met our (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. Arnold Maryland, Cellular Sales Deceptive Management Chattanooga Nationwide, Cellular Sales Rep never gave his name Cellular Sales - Reseller for VZW - Potentially fraudulent behavior with undisclosed, unauthorized bundling of TechProtect Insurance. 2. INRAE center Lyon-Grenoble Auvergne-Rhne-Alpes Doubts should be resolved in favor of coverage.7 Id. HELP for help. Cellular Sales of Birmingham, LLC served on 3/26/2012. Slawson seeks unpaid overtime wages, liquidated damages, attorneys fees, expenses and court costs. Also similar to our case, the execution of the new compensation agreements was the first time the plaintiffs had bound themselves individually in a contract with the defendants. The plaintiff argued that he should not be required to arbitrate because the claim predated the arbitration agreement; this Court disagreed. It is a fundamental principle of contract interpretation that, in the absence of ambiguity, the intent of the parties must be determined from their final writing and no parol evidence or extrinsic evidence is admissible. Int'l Klafter Co. v. Cont'l Cas. (Entered: 03/21/2012). 2. Added MOTION to Compel {arbitration} and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on 4/17/2012 (ADA). (Attachments: # 1 Other Cert. PDF For the Middle District of North Carolina Cellular Sales of Knoxville 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. Dane and his wife purchased Cellular Sales in 1993 and, under his leadership, have experienced tremendous growth and success. 216(b) (Santillo, R) (Entered: 09/04/2012), NOTICE by Kristen N. Kessell of Consent of KRISTEN N. KESSELL to Become a Party Plaintiff 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. A hearing on defendants' motions to dismiss and to compel arbitration is scheduled for 7/18/12 at 2:00 p.m. 177). For example, in Coenen v. R.W. Gamble, Josh Tubbs, Stanley Graham, James Haney, David Weber, Wilbert Davis, III, Ashley Carter, Ron Manning, Robert Gerbino, Prince Poitier, Tori Messenger, Joshua Boyd, Christine Nelson Overman, Roderick Lackey, Linda Orozco, Jeffrey Permar, and Ryan Herndon to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. (Attachments: # 1 Text of Proposed Order) (Carbo, Charles) Modified text on 3/25/2013 (AYB). (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. Get free summaries of new Second Circuit US Court of Appeals opinions delivered to your inbox! In their suit brought under state and federal labor laws, Plaintiffs allege that, during 2010 and 2011, they were unlawfully denied various forms of compensation and benefits because Defendants improperly classified them as independent contractors rather than employees. 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. Defendants now pursue this interlocutory appeal. Powerful. 9j%jDn4a,? 95-25.1et seq. Consumers love to do business with someone that can admit mistakes and state how they made improvements. Seasoned/veteran reps can make an average of $4000-6000 maybe 7. Bolletino v. Cellular Sales of Knoxville, Inc. et al :: Tennessee 216(b) (Santillo, R) (Entered: 11/20/2012), RESPONSE MEMORANDUM IN OPPOSITION TO DEFENDANTS' PROPOSED NOTICE LANGUAGE re 103 CONCERNING AUTHORITY IN SUPPORT OF NOTICE OF COLLECTIVE ACTION LAWSUIT. Pamona CA California, Cellular Sales Verizon Cellular Sales They have paperwork that don't match you service, what phone numbers are no signatures. at 852. However, the department is continuing to investigate individual complaints as they are received. 216(b) (Tift, Scott) (Entered: 02/22/2013), NOTICE by Nicholas Bolletino of Consent of Myles E. Daniel and Keith Woodland to Become Party Plaintiffs Pursuant to FLSA Section 16(b) 29 U.S.C. 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. Their product sucks. Id. Cellular Sales of Ohio, LLC served on 3/27/2012. No. (Carbo, Charles) (Entered: 01/02/2014), Unopposed MOTION Approval of FLSA Settlement by Nicholas Bolletino. 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 . (KMK) (Entered: 10/16/2012), NOTICE by Chris Gordon of Consent of CHRIS GORDON to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 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). 219. 56 0 obj <> endobj 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. Copyright 2023, Thomson Reuters. Id. Motorola Credit Corp. v. Uzan, 388 F.3d 39, 49 (2d Cir.2004). ("NCWHA"), by failing to pay him earned wages. hb```f``g`d``bc@ >#GG3X#8F:0P4`b& 7 @Xa##(` 4 216(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. 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. Instead, the more salient factual allegation for assessing the arbitration agreement's scope is how DefendantsAppellants labeled Pratt and Burrell as non-employees. 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. (Attachments: # 1 Other Certified U.S. Mail Receipt- Cellular Sales of Maryland, LLC)(Garrison, David) (Entered: 03/29/2012), SUMMONS Returned Executed by Nicholas Bolletino. at 855. Terms and conditions. 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 . 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. The company operates 745 Verizon locations in 42 states as part of its Cellular Sales division. 3:12-cv-00138 in the Tennessee Eastern District Court. The Defendants are ORDERED to move for the stay of discovery to be lifted within three (3) days of the District Judge issuing a ruling on the Motion to Dismiss, unless the ruling supports dismissing th is case in its entirety. (Campbell, Tena) (Entered: 08/12/2013), SCHEDULING ORDER:Signed by Magistrate Judge H Bruce Guyton on 08/07/2013. Cherry valley New York, Rustys Rod Shop Rusty Grindle Criminal activity and thousands in damages to my 6 figure truck build. (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. 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. Sales of New York, LLC ("CSNY") and Cellular Sales of Knoxville, Inc. ("CSK") (collectively, "Defendants") asserting claims for alleged violations of minimum wage and overtime requirements. Customers will now face increased prices and limited wireless options as a result of the deal, which is sure to offend. 0 Signed by Magistrate Judge H Bruce Guyton on August 9, 2012. 216(b) (Tift, Scott) (Entered: 01/22/2013), NOTICE by Nicholas Bolletino Notice of Consent of George Tucker, Benjamin Aguilar, Claude Edward Bryant, Jr., Jeffrey Newbanks, Wael Dial, Todd Harner, Aldo Rodriguez, Robert Rigo, Franklin Alvarez, Taryn Allen, Sharon Barnes, and Wayne Rock to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. 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. Despite the fact that AT&T will benefit financially from the sale, Verizon Wireless customers in California will bear the brunt of it. (Entered: 07/12/2013), SCHEDULING ORDERSigned by Magistrate Judge H Bruce Guyton on 07/09/2013. The deadline to. As the Supreme Court has noted, arbitrators are in a better position than courts to interpret the terms of a [collective bargaining agreement]. Wright v. Universal Mar. 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. Will be used in accordance with our terms of service & privacy policy. 216(b) (Tift, Scott) (Entered: 01/29/2013), NOTICE by Nicholas Bolletino Notice of Consent of Andrew Zatman, Sharon Longstreth, Lisa Ogden, Robin Roberts, Bryen Alexander, and David Young to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Tift, Scott) (Entered: 01/25/2013), NOTICE by Nicholas Bolletino Notice of Consent of Joseph Charles Pavlick, III, William Sizemore, Jeremy Hutchens, Anthony Overpeck, Robert Edgar, W. David McGuffin, Nikolaos Kastanaras, Elizabeth Mistarz, Dylan Gietz, Amanda Bailey, Melissa Nealy, James Maddox, Luis Marrero, Jennifer Hidalgo, Jason Edward Britt, Donna Garcia, Brea Sharron, Ryan Schwartz, Oscar Braun, Mark Lebeda, Micah Wangerin, Justin Lambert, Bryant Lightsey, Josh Mitchell, Gene Patterson, Brian Ferdig Sr., Conway William Brooks III, Jesse Paletta, Trevor Burns, Lee Jones, Jefferson Davis, Robertt Derr, Brandon Tab Neeley, Maury Miller, Marsha Motes, Ricardo Gill, Scott DeSander, Ellie Collins, Timothy Dixon, Bradley White, Jim Tooles, Charles Danyal Williams, Matthew Butler, and Monta Easter to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. In this endeavor, as with any other contract, the parties' intentions control. StoltNielsen S.A. v. AnimalFeeds Int'l Corp., 559 U.S. 662, 682 (2010) (citations and internal quotation marks omitted). 216(b) (Tift, Scott) (Entered: 03/04/2013), ORDER granting 171 Motion. 1. 216(b) (Tift, Scott) (Entered: 02/18/2013), NOTICE by Nicholas Bolletino Notice of Consent of Willie Spradley to Become Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. SCAM - promised PR press and bookings nothing came of it!!! (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. See Irizarry v. Catsimatidis, 722 F.3d 99, 104 (2d Cir.2013). 106. (Attachments: # 1 Other Certified U.S. Mail Receipt- Cellular Sales of Kentucky, LLC)(Garrison, David) (Entered: 03/29/2012), SUMMONS Returned Executed by Nicholas Bolletino. 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. The facts are drawn from the district court's memorandum, supplemented as necessary by the record. 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. Sold me a $100 lifeproof case and ovecharged phone. (Entered: 04/03/2012), SUMMONS Returned Executed by Nicholas Bolletino. (Attachments: # 1 Exhibit Letter dated 7.5.13, # 2 Exhibit Unpublished W.D. 23536. No Evidence Of Widespread Consumer Fraud At Cellular Sales Stores In Thats what sets us apart. 4. DefendantsAppellants have not persuaded us that the forceful evidence requirement should be extended to the contract presently before us. (Entered: 06/11/2012), ORDER REFERRING MOTION: 49 MOTION to Stay Discovery and Rule 26 Disclosures and Memorandum of Law in Support Thereof filed by defendants is referred to the Honorable H. Bruce Guyton, USMJ.Signed by District Judge Thomas A Varlan on 6/8/12. 231, 241.3 Each Plaintiff signed a Sales Agreement as the representative of his respective company; the Sales Agreements established a formal relationship between Cellular Sales and Plaintiffs' companies. (Attachments: # 1 Text of Proposed Order)(Carbo, Charles) (Entered: 06/21/2013), SUPPLEMENT to 189 MOTION to Dismiss , Compel Arbitration, and Dismiss Class/Collective Action Allegations Under Rule 12(B)(1) and Sections 3 and 4 of the FAA 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: 01/24/2013), 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. Signed by District Judge Tena Campbell on February 12, 2013. We deliver outstanding experiences, with thoughtful and valuable insight from our wireless sales consultants. 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. at 121112 (alteration in original). This dispute is about events that transpired when the Sales Agreements were in effect, and these contracts have their own dispute resolution mechanism.
Mark Mitchell Michigan Wife,
Narek Gharibyan Jewelry,
Articles C