PDF For the Middle District of North Carolina Cellular Sales of Knoxville Cellular Sales of Louisiana, LLC served on 3/26/2012. 216(b) (Tift, Scott) (Entered: 02/04/2013), NOTICE by Nicholas Bolletino Notice of Consent of Jesus A. Ruidiaz to Become Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. I got all the paperwork they gave us.. Lake Wales Florida, Cellular Sales of Knocksville Cellular Sales Harassment, mislead job description, ripped off on paycheck, got my W-2 it had incorrect information on it! 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. No one has written a summary of this case yet. (Tift, Scott) Modified text on 6/12/2012 (ABF). 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. 71 0 obj <>stream 2. 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. In total, 75 Sales Representatives have joined the lawsuit as of January 2019. Id. 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. We have jurisdiction over this interlocutory appeal pursuant to 9 U.S.C. Wondering if a report is missing? (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C-Part 1, # 4 Exhibit C-Part 2, # 5 Exhibit C-Part 3, # 6 Exhibit C-Part 4, # 7 Exhibit C-Part 5, # 8 Exhibit C-Part 6, # 9 Exhibit C-Part 7, # 10 Exhibit C-Part 8)(Carbo, Charles) Modified text on 5/31/2013 (ABF). Unlike the Fourth Circuit, we are not persuaded that this case begins and ends with the plain language of the Compensation Agreements. Signed by Magistrate Judge H Bruce Guyton on April 17, 2013. %V.%:&_; 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. (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. In addition, the class seeks back wages, liquidated damages, attorney fees, interest, and costs. Text STOP to unsubscribe. Cellular Sales of Indiana, LLC served on 3/26/2012. 6. The Top Companies Sued Over Discrimination and Harassment in 2020 Their product sucks. No Evidence Of Widespread Consumer Fraud At Cellular Sales Stores In Signed by Magistrate Judge H Bruce Guyton on August 9, 2012. 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. (Attachments: # 1 Exhibit A -- "Clean" version of proposed Amended Complaint, # 2 Exhibit B -- "Redlined" Version of Proposed Amended Complaint, # 3 Text of Proposed Order, # 4 Certificate of Service)(Winebrake, Peter) (Entered: 01/23/2013), NOTICE by Nicholas Bolletino Notice of Consent of Victoria Munson to Become Party Plaintiff Pursuant to FLSA Section 16(b), 29, U.S.C. 106. This is the case were talking about. (JDH) (Entered: 09/09/2013), ORDER granting 213 Motion to Stay. 216(b) (Tift, Scott) (Entered: 02/14/2013), NOTICE by Nicholas Bolletino Notice of Consent of Andrew Wheeler, Thomas L. Barnhart II, Steven Wilson, Edgar Felce, Monica Hatch, and Jessie Poole to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. 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. Immersive listening wherever you go with Beats Studio Buds true wireless noise cancelling earphones. Best Things to Do in Auvergne Rhne-Alpes, France These factual allegations do not touch matters covered by the arbitration clause because they do not evince the parties' intent to enter into an employment relationship. 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. Contact us. It is ORDERED that the hearing on defendants' motions to dismiss and to compel arbitration 29 30 , presently set for 7/18/12 is CANCELED and RESCHEDULED for 10/9/12 at 2:00 p.m. The Newsletter Bringing the Legal System to Light. (Attachments: # 1 Other Cert. De Ruyter New York, Progressive RV insurance Blowing me off. (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. Parties outside of court must meet in mediation in order to resolve labor disputes. AT&T will acquire Verizon Wireless California operations for $10.4 billion, according to a statement from the company this morning. In deciding whether a dispute is arbitrable, we must answer two questions: (1) whether the parties agreed to arbitrate, and, if so, (2) whether the scope of that agreement encompasses the claims at issue. Bank Julius Baer & Co. v. Waxfield Ltd., 424 F.3d 278, 281 (2d Cir.2005) (alteration and internal quotation marks omitted), abrogated on other grounds by Granite Rock Co. v. Int'l Bhd. AT&T to Pay $60 Million to Resolve FTC Allegations It Misled Consumers 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 . Rockville MD, Tervana Car collection Bought a caror so I thought. RV involved in hail storm , my RV roof started to leak progressive RV insurance is trying to play the blame game, Kalyan Pathuri Scamming Experiences Over Years - Investment scam is the elephant in the room that everyone is aware of yet doesn't acknowledge in the open, and that is the very act that every investment scammer out there takes advantage of. 257 (emphasis added). Thats what sets us apart. 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. Cellular Sales is an independent company that provides wireless services and products through Verizon Wireless. Cellular Sales of Missouri, LLC served on 3/26/2012. Signed by District Judge Tena Campbell on 08/19/2013. Law 190 et seq., 650 et seq. That argument, although superficially appealing, is wrong. Issues: Laws: Cases: Pro: The suit states Slawson and all current and former employees who worked for Cellular Sales from three years prior to the filing to the present were classified as salaried employees until March, when the defendant switched their status to hourly. 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. (Barrett, George) (Entered: 05/14/2012), ORDER granting 36 and 37 Motions for C. Larry Carbo III and Ryan O. Cantrell to Appear, NOTICE by Nicholas Bolletino of Withdrawal of Counsel Jenna Wagner (DeRose, Robert) (Entered: 05/09/2012), (Case at Issue) NOTICE of Availability of Magistrate Judge (ADA) (Entered: 05/04/2012), ORDER granting 32 Plaintiff's Unopposed Motion for Extension of Timeto File Response to Pending Motions to Dismiss. 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. Instead, it is only through parol evidence that we know that the employer-employee relationship commenced when Pratt and Burrell signed the Compensation Agreements. Lyon is France's third-largest city and a major tourist destination. Parties outside of court must meet in mediation in order to resolve labor disputes. 216(b) (Tift, Scott) (Entered: 01/16/2013), NOTICE by Nicholas Bolletino Notice of Consent of Patricia Knowles, Craig Schield, Kevin Zornes, Ronald Allee, Nate Schuckers, Nathan Damboise, Nathan McCorkle, Amanda Jenkins, Brian Anderson, Ronald Rodriguez, Beth Messenger, Christopher Hill, Frederick Stanley, Shaunta Smith, Tim Kellogg, and Scott Christensen to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. Clerk sues Cellular Sales of Knoxville, alleging FLSA violation According to Verizon Agent Ahmed, the first payment for the month of January 2022 would be less than $200. 216(b) (Santillo, R) (Entered: 11/05/2012), NOTICE by Lydia Shows of Consent of LYDIA SHOWS to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. The Defendants are ORDERED to move for the stay of discovery to be lifted within three (3) days of the District Judge issuing a ruling on the Motion to Dismiss, unless the ruling supports dismissing th is case in its entirety. Copyright 1997-2023 Ripoff Report. 216(b) (Santillo, R) (Entered: 09/27/2012), NOTICE by Rebecca Chalson of Consent of REBECCA CHALSON to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. #;:dcU`UZp#)u}]+W\CVg\.R%Hd8x~ck%1rfP Un+;I))B1Y] K5Euk$f:\;5(IM.St6Np(Oq=OM[7O4Fv.mC V7 (Entered: 07/02/2013), REPLY to Response to Motion re 189 MOTION to Dismiss Supplement and Compel Arbitration 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. endstream endobj startxref Reeses role as a lawyer is to keep the companys interests and reputation in order. Cherry valley New York, Rustys Rod Shop Rusty Grindle Criminal activity and thousands in damages to my 6 figure truck build. 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. Cellular Sales of Birmingham, LLC served on 3/26/2012. by Rachelle | Sep 22, 2022 | Investigations & Crime. U.S. Mail Return Receipt- Cellular Sales of Louisiana, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. (Attachments: # 1 Other Cert. (Doc. (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. Cellular Sales of Delaware, LLC served on 3/27/2012. Signed by District Judge Tena Campbell on 05/31/2013. (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. ("FLSA"), by failing to pay Chapman overtime compensation, as well . 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. (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. It has a market capitalization of more than $2 billion and is expected to open a new store every three days in 2019. Sold me a $100 lifeproof case and ovecharged phone. (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. 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. On Monday, April 24, 2023, Attorney Shlifka submitted his resignation to State's Attorney Eric Weis effective immediately. (Attachments: # 1 Other Certified U.S. Mail Receipt- Cellular Sales of North Carolina, LLC)(Garrison, David) (Entered: 03/29/2012), SUMMONS Returned Executed by Nicholas Bolletino. Certified letter and estimate as proof as Rusty is great at lying just as he did from the start from my truck to his home. 219.6 See Smith/Enron Cogeneration Ltd. P'ship v. Smith Cogeneration Int'l, 198 F.3d 88, 99 (2d Cir.1999). No calendar events were found for this docket. 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. %%EOF The main complaint is that the service is not as good as advertised, and that it is difficult to get ahold of customer service. 216(b) (Tift, Scott) (Entered: 01/18/2013), NOTICE by Nicholas Bolletino Notice of Consent of Chris Cuchens, Marcus Lockett, Son Le, Joseph De Stio, Melissa Munson, Lance Fink, Eric Rodriguez, Thomas Dunn, Otis McCall, Gary Gish, Thomas William Sparks, Jr., Barbara Braun, and Ryan Reiter to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. 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). The complaint's factual allegations include the manner in which Pratt and Burrell worked for DefendantsAppellants and how DefendantsAppellants exercised control over that work. Barkan Meizlish Handelman Goodin DeRose Wentz, LLP, Chamberlain, Hrdlicka, White, Williams & Aughtry. 216(b) (Santillo, R) Modified text on 9/13/2012 (ABF). Cellular Sales celebrates 30 years in wireless Here's a first look at Apple iPhone 14, iOS 16 Incorporating technology in the classroom and at home Wireless charging vs. wired: what are the benefits? Colorado Springs Colorado, Cellular Sales in Brookhaven Ms double charge, rip off and horrible customer service, deceptive, etc brookhaven Mississippi, Techprotect Bright star device protect I have had 750.00 removed from bank account since 2015 for 23.57 didn't realize till august of this year Alpharetta GA, Cellular Sales Verizon Wireless Authorized Retailer - Warren Keays manager Rip off! We DO NOT remove reports. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. To request information suppression, updates, or additions, contact us about this docket. 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. 218 (emphases omitted). 216(b) (Tift, Scott) (Entered: 01/31/2013), NOTICE by Nicholas Bolletino Notice of Consent of Brian Chapman, Paul D'Aquino, Anthony Marco, Hunter Cassada, Kevin Smith, ShaRonda Joseph, Cory Smith, Charles B. Smith, Nicholas Schmidt, Jason McFarland, Richard Toler, James Cate, Derrick Chapman, Samuel Bates, Virginia Reitan, Amy Rains, Daniel Kramer, and Gabriel Larrosa to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.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. 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. Foster of Consent of PATRICK J. Spectrum Cable Spectrum Came into my home, damaged my PC and leaves me screwed. Cellular Sales was accused of failing to pay overtime wages to plaintiff employees who worked more than 40 hours per week. 343 Engineer jobs in Grenoble, Auvergne-Rhne-Alpes, France (5 new) 219. 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. There is no document attached to this entry.) At the time, he was named Entrepreneur of the Year by UTs Haslam School of Business. Cellular Sales of Tennessee, LLC served on 3/26/2012. PlaintiffsAppellees contend that a recent Second Circuit decision, Lloyd v. J.P. Morgan Chase & Co., 791 F.3d 265, 26970 (2d Cir.2015), undermines prior cases in which this Court has required positive assurance to rebut the presumption of arbitrability.
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