(Carbo, Charles) (Entered: 08/03/2012), RESPONSE in Opposition re 58 MOTION Equitable Tolling on Behalf of Potential Opt-In Plaintiffs 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. Signed by District Judge Thomas A Varlan on 6/13/12. Getman, Sweeney, and Dunn provide sales representatives, account managers, and other similar positions in the cellular industry. 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. 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. (Entered: 07/03/2013), PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE SUR-REPLY by Nicholas Bolletino. Signed by Magistrate Judge H Bruce Guyton on April 17, 2013. 9. (Attachments: # 1 Exhibit Bolletino Compensation Agreement, # 2 Exhibit AAA Labor Arbitration Rules, # 3 Exhibit AAA Statistics 2011, # 4 Exhibit FMCS Statistics 2013) (Hyatt, Seth) Modified text on 6/14/2013 (AYB). All rights reserved. Copyright 1997-2023, Ripoff Report. (Campbell, Tena) (Entered: 12/06/2012), MEMORANDUM in Support of Proposed Notice Language re 103 Order. Plaintiffs in the case argued AT&T failed to inform . 216(b) (Santillo, R) (Entered: 10/22/2012), ORDER REASSIGNING CASE: Pursuant to 28 U.S.C. (Entered: 11/26/2012), NOTICE by Timothy McLaney of Consent of TIMOTHY MCLANEY to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. The plaintiff argued that he should not be required to arbitrate because the claim predated the arbitration agreement; this Court disagreed. 1 . 219, they are not determinative of the start date for PlaintiffsAppellees' employment. (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. Slawson seeks unpaid overtime wages, liquidated damages, attorneys fees, expenses and court costs. (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. (Attachments: # 1 Other Cert. Id. The Lloyd Court labeled the presumption of arbitrability soft, and, in PlaintiffsAppellees' view, discarded the requirement for positive assurance to rebut the presumption of arbitrability. (Attachments: # 1 Text of Proposed Order)(Carbo, Charles) (Entered: 04/29/2013), SCHEDULING ORDER. (DeRose, Robert) (Entered: 06/01/2012), REPLY to Response to Motion re 30 MOTION to Dismiss for Lack of Jurisdiction 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. 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. 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. 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. SCAM - promised PR press and bookings nothing came of it!!! 218. 11. 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!!!! Slawson says he and the other putative class members were non-exempt employees. U.S. Mail Return Receipt- Cellular Sales of Missouri, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. Cellular Sales operates 745 retail locations across 42 states in the United States. Mediation has been agreed upon as a result of this case. The Federal Arbitration Act provides: A written provision in any contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. 9 U.S.C. Cellular Sales next argues that the Board erred when it found that the companyviolated section 8(a)(1) because its employees would reasonably construe thearbitration agreement to bar or restrict their rights to file charges with the Board orseek access to the Board's processes. 23536. The lawsuit alleges Consumer Cellular failed to pay the plaintiff and similarly situated customer service representatives for any of their off-the-clock, pre-shift work. Signed by District Judge Curtis L Collier on 10/16/2012. Because thousands of other customers also were charged full tax for devices they received at a discounted price,. Winter haven Florida, Brian Miller Cellular Sales, Brian Scott Miller, Al Allen SCUM BAG CON ARTIST THIEF TOTAL RIPOFF!!! at 121112 (alteration in original). Serv. It is critical that consumers are aware of the potential implications of these deals as the wireless industry consolidates. 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. 106. For example, in Coenen v. R.W. On 07/28/2022 POLLUTRO, BERNARD filed a Small Claim - Other Small Claim lawsuit against CELLULAR SALES OF KNOXVILLE IN. For the reasons stated below, the judgment of the district court is AFFIRMED. This is the case were talking about. 216(b) (Santillo, R) (Entered: 09/25/2012), NOTICE by Marc S. Destinoble of Consent of MARC S. DESTINOBLE to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Tift, Scott) (Entered: 01/24/2013), NOTICE by Nicholas Bolletino Notice of Consent of Laura Dunham, David Bowling, Christopher Horton, Moedjio, Chris Jancich, Ali Kolar, Ernesto Lopez, Michele Johnson, Malinda Schippers, Jefferson Ryan May, Lee Fjord, Patrick Lynch, Frank Watts, Rob McDougle, Kelly McDougle, Robert Brandon Brooks, Christopher Ginage, Clara Sowers, Didema Dagenhart, Luis Fuentes, Jasen Drum, Charles Jones, Shantae Collins, J. Brooke Gossett, Robert Tomussini, and Garmon A. Moore to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. 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. We find PlaintiffsAppellees' argument unpersuasive for two reasons. Don't shop here! We carry the best phones, tablets, smartwatches, and accessories from around the world. Their product sucks. AT&T and Verizon Wireless have agreed to a $10.4 billion deal for the sale of Verizon Wireless California operations, the companies announced this morning. 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} No calendar events were found for this docket. 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. Terms and conditions. ), filed by NICHOLAS BOLLETINO. 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). 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. They will help you out if you need help with anything and everyone is there for you if you need guidance. (Entered: 03/21/2012). CELLULAR SALES Ripoff Reports, Complaints, Reviews, Scams, Lawsuits and Frauds Reported Your Search: cellular sales There may be more reports for "cellular sales" For more results perform a general search for "cellular sales" Showing 1-25 of 79 Found Reports For more results perform a general search for "cellular sales" Added MOTION to Compel Arbitration on 7/15/2013 (ADA). We go the extra mile, always. 216(b) (Santillo, R) (Entered: 10/02/2012), NOTICE by Jennifer Temple of Consent of JENNIFER TEMPLE to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Foster, Chris Gordon, Todd A. Harner, Stephen M. Hill, Bobby Hollingsworth, LeMan E. Johnson, LeRon Johnson, Kristen N. Kessell, Jennifer Kiefer, Lester Levine, William Love, III, Kelly Lucky, Terrence Mack, Joshua S. Maleeff, Sarah L. Mason, Timothy McLaney, Daniel Prinzo, Lindsey C. Pursley, Lydia Shows, Kianas Smalls, Shawn Stanton, Jennifer Temple, John T Walker, Sr Notice of Filing Notices of Consent (Attachments: # 1 Exhibit Consent Forms)(Tift, Scott) (Entered: 01/10/2013), ORDER granting 113 Attorney Charles J. Muller III's Motion for Leave to Appear, NOTICE by Gilbert Joseph Bellaran of Consent of GILBERT JOSEPH BELLARAN to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Why Ripoff Report will not release author information! Text STOP to stop. 216(b) (Santillo, R) (Entered: 09/04/2012), NOTICE by Patrick J. Finding positive assurance that the parties did not intend for the arbitration agreement to be retroactive, we affirm the district court's denial of the motion to compel arbitration. When considering whether claims fall within the scope of an arbitration clause, therefore, we analyze the factual allegations made in the plaintiff's complaint. Brett majored in biology at the University of Tennessee-Knoxville. (Attachments: # 1 Other Cert. Read More Lawsuit & Settlement News: Muscle Milk Class Action Resolved in $12M Deal Chinese Laminate Flooring Class Action Settlement How Do You Prevent Pressure Ulcers? 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. 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. Put case on wrong and phone was destroyed! Sold me a $100 lifeproof case and ovecharged phone. Estimated amount consumers saved since 1997: $15,590,010,907. I have a loan for a $30,000 car, yet I have no car, "I have been completely ripped off." Because my phone number is out of service, I have been unable to reach it for the fifth day in a row. PlaintiffsAppellees seek compensation owed under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. ^/g1] Khd There may be more reports for "cellular sales", For more results perform a general search for "cellular sales", Showing 1-25 of 79 Found Reports Plaintiffs further allege NYLL violations related to Defendants': As a result, PlaintiffsAppellees were allegedly deprived of, among other things, overtime compensation and minimum wage. Learn more about FindLaws newsletters, including our terms of use and privacy policy. at 852, 855. (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. Id. See Newbanks v. Cellular Sales of Knoxville, Inc., 548 F. App'x 851(4th Cir.2013). endstream endobj 61 0 obj <>stream We deliver outstanding experiences, with thoughtful and valuable insight from our wireless sales consultants. On appeal, both parties cite to New York law, and neither party has argued that the law of any other state applies to this dispute. Cellular Sales of Delaware, LLC served on 3/27/2012. (Garrison, David) Modified text on 2/14/2013 (AYB). 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 . 1 . Cellular Sales of Mississippi, LLC served on 3/26/2012. 1. Corp., 525 U.S. 70, 78 (1998) (emphasis omitted). At the time, he was named Entrepreneur of the Year by UTs Haslam School of Business. v. Commc'ns Workers of Am., 475 U.S. 643, 650 (1986). 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. U.S. Mail Return Receipt- Cellular Sales of Pennsylvania, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. Immersive listening wherever you go with Beats Studio Buds true wireless noise cancelling earphones. denied the motion to compel arbitration, finding that another contract that was in effect during the time when Plaintiffs' claims arose supported a finding of non-arbitrability. (Attachments: # 1 Appendix Proposed Order)(Winebrake, Peter) (Entered: 11/22/2013), SEALED Document. 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). at 1212.12 Unfortunately for the DefendantsAppellants, though, Coenen and cases like it are simply not on point. Cellular Sales of New Jersey, LLC served on 3/26/2012. !wE_?/X}{ {@" Cellular Sales was accused of failing to pay overtime wages to plaintiff employees who worked more than 40 hours per week. Cellular Sales of South Carolina, LLC served on 3/26/2012. 257 (emphasis added). On Monday, April 24, 2023, Attorney Shlifka submitted his resignation to State's Attorney Eric Weis effective immediately. First, since one panel of this Court [typically] cannot overrule a prior decision of another panel, Gelman v. Ashcroft, 372 F.3d 495, 499 (2d Cir.2004) (internal quotation marks omitted), we are bound by this Circuit's cases that require positive assurance to rebut the presumption of arbitrability. 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. Id. Cellular Sales of Indiana, LLC served on 3/26/2012. 0 A total of 89 sales representatives have agreed to sue the company as of this writing. (Carbo, Charles) (Entered: 01/02/2014), Unopposed MOTION Approval of FLSA Settlement by Nicholas Bolletino. 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. You can explore additional available newsletters here. 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. Message frequency varies. 216(b) (Santillo, R) (Entered: 12/10/2012), Minute Entry for proceedings held before District Judge Tena Campbell: Status Conference held on 12/10/2012. v. StoltNielsen SA, 387 F.3d 163, 172 (2d Cir.2004). 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 Verizon Cellular Sales is a leading provider of products and services that can be found in a variety of Verizon locations. 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). 219. Message and data rates may apply. 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. DefendantsAppellants have not persuaded us that the forceful evidence requirement should be extended to the contract presently before us. We conclude that Arrigo is distinguishable because there was no allegation in that case, as there is here, that the parties' contractual relationship changed in a way that implicated the arbitration clause at the time the contract containing the arbitration agreement was executed. The focal point of this dispute is not related to the Compensation Agreements. We'll keep you streaming. 12. Pressprich & Co., 453 F.2d 1209 (2d Cir.1972), the plaintiff had signed an arbitration agreement as part of his application for membership in the New York Stock Exchange (NYSE); it provided that the parties agreed to arbitrate [a]ny controversy between members Id. Cellular Sales of Birmingham, LLC served on 3/26/2012. Jan P. HOLICK, Jr., Steven Moffitt, Justin Moffitt, Gurwinder Singh, Jason Mack, Timothy M. Pratt, and William Burrell, on behalf of themselves and all others similarly situated, PlaintiffsAppellees, v. CELLULAR SALES OF NEW YORK, LLC, Cellular Sales of Knoxville, Inc., DefendantsAppellants.1. (Attachments: # 1 Exhibit Exhibits A, B, B1, B2, B3, C, # 2 Text of Proposed Order)(McGehee, Daniel). Thats what sets us apart. Cellular Sales was accused of failing to pay overtime wages to plaintiff employees who worked more than 40 hours per week. 216(b) (Tift, Scott) (Entered: 02/05/2013), NOTICE by Nicholas Bolletino Notice of Consent of Leighton P. Smith, Steven Blankman, Rachel Myott, and Andre Porterfield to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. 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 !!! (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. 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. (Entered: 09/11/2012), NOTICE by Bobby Hollingsworth of Consent of BOBBY HOLLINGSWORTH to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Cellular Sales of Knoxville, Inc. served on 3/26/2012. (Tift, Scott) Modified text on 6/12/2012 (ABF). (Garrison, David) (Entered: 06/20/2012), ORDER granting 51 Motion for Hearing. Who is ED Magedson - Founder, Ripoff Report. 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. Rockville MD, Tervana Car collection Bought a caror so I thought. (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. The lawsuit, filed in federal court in Illinois, seeks to recover unpaid wages for all current and former Cellular Sales employees who worked more than 40 hours per week but were not paid overtime compensation. 216(b) (Santillo, R) (Entered: 01/07/2013), MOTION to Withdraw as Co-Counsel by Nicholas Bolletino. (Hyatt, Seth) (Entered: 06/13/2013), RESPONSE in Opposition to 189 SUPPLEMENTAL Motion to Dismiss and Motion to Compel Arbitration filed by Nicholas Bolletino. On June 18, 2019, this case was filed in the Eastern District of Pennsylvania. at 852. hbbd``b`*@ H07LA? The email address cannot be subscribed. 22528 (Sales Agreement); Joint App. 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. He is represented by attorney Alan Kansas of The Law Office of Alan Kansas in Terrytown. Signed by Magistrate Judge H. Bruce Guyton on 07/08/13. 216(b) (Tift, Scott) (Entered: 03/04/2013), ORDER granting 171 Motion. Cellular Sales filed a motion for leave to perfect service (Doc. 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. Parties outside of court must meet in mediation in order to resolve labor disputes. Represented by Barkan Meizlish Handelman Goodin DeRose Wentz, LLP, Represented by Barrett, Johnston & Parsley, Represented by THE WINEBRAKE LAW FIRM LLC, Represented by Chamberlain, Hrdlicka, White, Williams & Aughtry. (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. 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. 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. In recent years, there have been a number of reports of consumer fraud at cellular sales stores in the Knoxville area. 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. The use of the phrase has employed you does not indicate specifically when the employment relationship commenced. 216(b) (Santillo, R) (Entered: 09/19/2012), NOTICE by Sarah L. Mason of Consent of SARAH L. MASON to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Bolletino v. Cellular Sales of Knoxville, Inc. et al, Court Case No. 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. at 481 (internal quotation marks omitted). To support their argument that the Compensation Agreement's arbitration clause applies only prospectively, Pratt and Burrell rely heavily on an unpublished opinion in which the Fourth Circuit interpreted an arbitration agreement in a context quite similar to this case. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Garrison, David) (Entered: 06/20/2012), 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, In the Alternative, Motion to Dismiss Under Rule 12(b)(6) for Failure to State a Claim by Nicholas Bolletino. (Attachments: # 1 Text of Proposed Order)(Carbo, Charles) Modified text on 5/31/2013 (ABF). The suit states Slawson, an inventory clerk, was required to work a minimum of 40 hours weekly, often worked an average of 45 hours per week, and was not compensated at 1 1/2 times their regular hourly rate for time worked in excess of 40 hours. The company operates 745 Verizon locations in 42 states as part of its Cellular Sales division. 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.
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