Powerful. As in this case, the plaintiffs had previously been employees of their own sales companies, which, in turn, were independent contractors for the defendants pursuant to a sales agreement between the sales companies and the defendants. (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. (Attachments: # 1 Other Cert. 216(b) (Santillo, R) (Entered: 09/06/2012), NOTICE by William R. Dean of Consent of WILLIAM R. DEAN to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. (ABF) (Entered: 06/13/2012), MOTION for Hearing on Pending Motions to Dismiss by Nicholas Bolletino. Copyright 1997-2023, Ripoff Report. We DO NOT remove reports. (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. 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. 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. Cellular Sales of Texas, LLC served on 3/26/2012. Cellular Sales of Delaware, LLC served on 3/27/2012. All Rights Reserved. You already receive all suggested Justia Opinion Summary Newsletters. Cellular Sales of Northern Florida, LLC served on 3/26/2012. 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. (Attachments: # 1 Text of Proposed Order)(Garrison, David) Modified text on 4/25/2012 (ADA). Joint App. 455(b)(2), The Honorable Thomas A. Varlan, United States District Judge, has recused himself in this cause. 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 . (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. Mr. Carbo advises the court that defendants at this time will voluntarily withdraw their pending motions and have sent the court a proposed order setting out the dismissals, NOTICE by Jennifer Kiefer of Consent of JENNIFER KIEFER to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. It was named Verizon Agent of the Year in both 2020 and 2021. 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. Your activity looks suspicious to us. Cellular Sales filed a motion for leave to perfect service (Doc. See Newbanks v. Cellular Sales of Knoxville, Inc., 548 F. App'x 851(4th Cir.2013). !wE_?/X}{ {@" On Monday, April 24, 2023, Attorney Shlifka submitted his resignation to State's Attorney Eric Weis effective immediately. 3:12-cv-00138 in the Tennessee Eastern District Court. 7. 6. (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. 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 . 216(b) (Santillo, R) (Entered: 09/14/2012), NOTICE by Stephen M. Hill of Consent of STEPHEN M. HILL to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Missouri Decision)(Hyatt, Seth) Modified text on 7/15/2013 (ADA). 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. 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. For the reasons stated below, the judgment of the district court is AFFIRMED. (Tift, Scott) Modified text on 6/12/2012 (ABF). Court took matter under advisement. endstream endobj startxref Dane Scism, the CEO of Cellular Sales, travels the country scouting for new Verizon store locations almost every day. 343 Engineer jobs in Grenoble, Auvergne-Rhne-Alpes, France (5 new) (LWM) (Entered: 07/08/2013), ORDER granting 199 Motion for Leave to File Excess Pages, based upon parties' agreement and for good cause shown. (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. (Entered: 12/10/2012), NOTICE of Hearing: Telephonic Status Conference set for 12/10/2012 at 04:30 PM (2:30 MST) in Judge Tena Campbell's courtroom. 216(b) (Santillo, R) (Entered: 01/07/2013), MOTION to Withdraw as Co-Counsel by Nicholas Bolletino. by Rachelle | Sep 22, 2022 | Investigations & Crime. Easy to use. Consumers want to see how a business took care of business. U.S. Mail Return Receipt- Cellular Sales of Tennessee, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. (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. However, in that case, the plaintiff signed a comprehensive employment agreement containing an arbitration clause three months into his employment. Id. Barkan Meizlish Handelman Goodin DeRose Wentz, LLP, Chamberlain, Hrdlicka, White, Williams & Aughtry. Unlike the Fourth Circuit, we are not persuaded that this case begins and ends with the plain language of the Compensation Agreements. The four major US wireless carriers are facing proposed class-action lawsuits accusing them of violating federal law by selling their customers' real-time location data to third parties. Will be used in accordance with our terms of service & privacy policy. Nothing. Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported. Cellular Sales of New Jersey, LLC served on 3/26/2012. 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. 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. The PB and JAM Foundation also employs him as the foundations director. Zephyrhills Florida, Russell Cellular Sales person stated the flip phone was free w/contract-then when I received first months bill, I am paying for 2 years on a phone that was to be free. 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. (Attachments: # 1 Exhibit 1- Disputed Notice Package) (Barrett, George) Modified text on 11/19/2012 (AYB). Versatile. 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). (text order only) (AYB) (Entered: 02/12/2013), NOTICE by Nicholas Bolletino Notice of Consent of Kyle Overacker, Keith Suhr, Elizabeth Kimberlin, Summer Rathman, and Calvin Fritz to Become Party Plaintiffs Pursuant to FLSA Section 16 29 U.S.C. They will help you out if you need help with anything and everyone is there for you if you need guidance. 216(b) (Tift, Scott) (Entered: 01/24/2013), NOTICE by Nicholas Bolletino Notice of Consent of Shawn J. DefendantsAppellants Cellular Sales and Cellular Sales of Knoxville, Inc. argue that the denial of their motion to compel arbitration conflicts with longstanding federal precedent under which all doubts as to the intent of the parties and the scope of an arbitration clause must be resolved generously in favor of arbitration.5 Appellants' Br. A Pennsylvania resident is suing his Tennessee-based employer, alleging labor law violations. (Campbell, Tena) (Entered: 12/06/2012), MEMORANDUM in Support of Proposed Notice Language re 103 Order. 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. (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. (Carbo, Charles) (Entered: 01/02/2014), Unopposed MOTION Approval of FLSA Settlement by Nicholas Bolletino. Cellular Sales of Maryland, LLC served on 3/27/2012. The plaintiff alleges that prior to March, no system existed for employees to log their hours accurately and the defendant willfully and intentionally denied them the legal pay rate. (Entered: 04/25/2012), SUMMONS Returned Executed by Nicholas Bolletino. (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. When considering whether claims fall within the scope of an arbitration clause, therefore, we analyze the factual allegations made in the plaintiff's complaint. The parties appear telephonically: Mr. David Garrison and Mr. Andrew Santillo for the Plaintiff and Mr. Larry Carbo for the Defendants. 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. Getman, Sweeney, and Dunn provide sales representatives, account managers, and other similar positions in the cellular industry. 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. 16(a)(1)(C). The facts provided relate only to Pratt and Burrell because Defendants Cellular Sales and its parent company have appealed the district court's denial of the motion to compel arbitration only as to those Plaintiffs. 216(b) (Tift, Scott) (Entered: 03/04/2013), ORDER granting 171 Motion. Doubts should be resolved in favor of coverage.7 Id. Founded 2,000 years ago, Lyon's streets are a living museum, with beautiful historical buildings and interesting art galleries and museums. 5. (Attachments: # 1 Exhibit Exhibits A, B, B1, B2, B3, C, # 2 Text of Proposed Order)(McGehee, Daniel). 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. 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. The parties are present by telephone to discuss whether defendants can notify pre-opt in persons. 235. Wondering if a report is missing? The FTC has an online claim form for eligible former customers. All courthouse personnel, judges, and law enforcement have been made . (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. Cellular Sales of Knoxville, Inc. served on 3/26/2012. Signed by District Judge Thomas A Varlan on 6/13/12. 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. (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). To assess whether these allegations touch matters covered by the arbitration agreement, DefendantsAppellants would have us look at the complaint's allegation that Pratt and Burrell were in fact DefendantsAppellants' statutory employees prior to executing the Compensation Agreements. Chase Geiser Cube Advertising LLC The American Report Podcast Complete scam artist that uses the seller platform Fiverr.com to help him rip off hard working people for thousands of dollars. (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, ). Id. All rights reserved. 1 . In addition, the statutes of limitations applicable to the FLSA claims that Plaintiffs seek to litigate on behalf of themselves and any opt-in plaintiffs are TOLLED from June 6, 2012, until the stay of discovery is lifted. (This entry constitutes the complete order of the Court. Lyon is France's third-largest city and a major tourist destination. (Attachments: # 1 Text of Proposed Order Proposed Order) (Hyatt, Seth) Modified text on 7/3/2013 (AYB). See JLM Indus. The district court denied defendants' motion to compel arbitration based on the arbitration clause contained in plaintiffs' subsequent employment agreements. (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. It has a market capitalization of more than $2 billion and is expected to open a new store every three days in 2019.