(KAW) (Entered: 07/10/2013), ORDER granting 202 Motion for Leave to File Document, based upon the parties' agreement and for good cause shown. The court agreed that under the case law, defendants may do so but reminded the parties that all communication must not be deceptive, misleading, or discourage parties from opting in. AT&T Mobility, LLC, will pay $60 million to settle litigation with the Federal Trade Commission over allegations that the wireless provider misled millions of its smartphone customers by charging them for "unlimited" data plans while reducing their data speeds.. I have a loan for a $30,000 car, yet I have no car, "I have been completely ripped off." 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. 11. According to the complaint, Cellular Sales is an authorized retailer of Verizon wireless products operating more than 600 stores across 28 states including Louisiana. (Hyatt, Seth) (Entered: 06/13/2013), RESPONSE in Opposition to 189 SUPPLEMENTAL Motion to Dismiss and Motion to Compel Arbitration filed by Nicholas Bolletino. 216(b) (Tift, Scott) (Entered: 02/06/2013), NOTICE by Nicholas Bolletino Notice of Consent of Josh Harrison, David Glenn, Edmond Wilowski, Kevin Kryliw, Julius Bruce, Matthew Fruge, Clifton Lyles, Jr,, LeMan Johnson, Justin Hertzler, Racquel Ramsey, Kimberly Dandurmand, AMR Elgayar, Crystal Nicholls, Gina Creson, Charles Dilley, Megan Hill, and Tracey Jeffire to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. DefendantsAppellants contend that the arbitration clause here is susceptible of an interpretation that covers the dispute at issue here because Pratt and Burrell allege that they were Cellular Sales employees prior to signing the Compensation Agreements.10 In response, PlaintiffsAppellees 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 DefendantsAppellants affirmatively labeled PlaintiffsAppellees as non-employees.11. 216(b) (Tift, Scott) (Entered: 03/01/2013), NOTICE by Nicholas Bolletino Notice of Consent of Edgar Bernal and Joshua Elliott to Become Party Plaintiffs Pursuant to FLSA Section 16(b) 29 U.S.C. Business Rating: Rate this business There is no document attached to this entry.) In addition, the class seeks back wages, liquidated damages, attorney fees, interest, and costs. 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. (Attachments: # 1 Exhibit Exhibits A, B, B1, B2, B3, C, # 2 Text of Proposed Order)(McGehee, Daniel). See JLM Indus. (Attachments: # 1 Exhibit A Email of May 22, 2012, # 2 Exhibit B Email of June 1, 2012, # 3 Exhibit C Declaration of William Love, III, # 4 Other Unpublished Case Law)(Tift, Scott) (Entered: 07/02/2012), ORDER granting 53 Motion for Leave to File Sur-Reply. 56 0 obj <> endobj 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. (Campbell, Tena) (Entered: 12/06/2012), MEMORANDUM in Support of Proposed Notice Language re 103 Order. (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. Reese Thomas has 20 years of experience in both business and legal matters. at 855. (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. 13). Cellular Sales of Tennessee, LLC served on 3/26/2012. We do not analyze the portion of the arbitration agreement that references disputes arising out of, or in relation to this document, Joint App. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Cellular Sales of Missouri, LLC served on 3/26/2012. (Entered: 07/19/2013), PLAINTIFF'S SUR-REPLY in Opposition to Defendants' Supplemental Motion to Dismiss 189 filed by Nicholas Bolletino. 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. $LMAE4\_@=CMwx=KI"-^\/H('T8%ADR C&vRLJI%J3i6M&{*. hUn0+c&E3iK"~I*vS%) ] ?v}66c45B*). ]7.47{Xnvwu~$#2tj;JJXTP .B`' H4|yD(A (AYB) (Entered: 02/13/2013), NOTICE by Nicholas Bolletino Notice of Consent of Donna Johnson, Kristian Hubner, Adam Mersch, Jennifer Leigh Benitz, John Geer, Eric Donahue, Rebecca Donahue, Scottie Brown, Richard Cooledge, Curtis Matthews, Kimberly Henry, Roger Gomez, Patrick Gabbey, Johnnie Dillard, Anthony Captain, Paul L. Smith, Joe Brown, Glen Nottingham, Garry Guilford, Nenita Quintero, Erin Button, Brandy Hook, Lance Yoxtheimer, David Adelman, Darryl Wingo, Wendi Hill, Shantel Hollis, and Ryne Mallery to Become Party Plaintiffs Pursuant to FLSA Section 16, 29 U.S.C. 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. Plaintiff is DIRECTED to file the proposed sur-reply in the record of this case. Signed by Magistrate Judge H. Bruce Guyton on 07/08/13. DefendantsAppellants have not persuaded us that the forceful evidence requirement should be extended to the contract presently before us. (Entered: 02/13/2013), ORDER granting 134 Plaintiffs' Motion to Amend. (Attachments: # 1 Other Certified U.S. Mail Receipt- Cellular Sales of Birmingham, LLC)(Garrison, David) (Entered: 03/29/2012), SUMMONS Returned Executed by Nicholas Bolletino. PlaintiffsAppellees allege that, after the Compensation Agreements were signed, Cellular Sales began to treat them differently by, inter alia, directly paying commissions to PlaintiffsAppellees and withholding federal taxes from those commissions. Save 25% on a pre-paid one year subscription. There are a few complaints about cellular sales, but nothing too serious. For purposes of the FLSA, a company's decision to label a worker as an independent contractor or a non-employee will not carry the day. PlaintiffsAppellees Pratt and Burrell respond that this Court need not reach DefendantsAppellants' argument because the Compensation Agreement is unambiguous. 455(b)(2), The Honorable Thomas A. Varlan, United States District Judge, has recused himself in this cause. 177). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. at 852, 855. 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 Other Certified U.S. Mail Receipt- Cellular Sales of Northern Florida, LLC)(Garrison, David) (Entered: 03/30/2012), SUMMONS Returned Executed by Nicholas Bolletino. That lawsuit alleges that Cellular Sales violated theFair Labor Standards Act 29 U.S.C. He misrepresents skills, says he is in US, but is in other countries, opens backdoors in software, Victoria Pressly AKA Victoria Talbot? They will help you out if you need help with anything and everyone is there for you if you need guidance. 216(b) (Santillo, R) (Entered: 09/27/2012), NOTICE by Lindsey C. Pursley of Consent of LINDSEY C. PURSLEY to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. In the alternative, PlaintiffsAppellees submit that we can affirm based on the alleged unconscionability of certain aspects of the arbitration agreement. On June 18, 2019, this case was filed in the Eastern District of Pennsylvania. Since 2000, 99% of Fortune 500 companies have paid settlements in at least one discrimination or sexual harassment lawsuit, according to a report from Good Jobs First, and that's not including. U.S. Mail Return Receipt- Cellular Sales of Tennessee, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. The owner and operator of Cellular Sales of Knoxville, Inc. No, Verizon does not own Cellular Sales. (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. We DO NOT remove reports. He is a liar and a total joke. 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). (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(Barrett, George) (Entered: 05/14/2012), RESPONSE in Opposition re 29 MOTION to Dismiss and Compel Arbitration MOTION to CompelMOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nicholas Bolletino. 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. I waited until Sunday, December 6, 2021, to see if the number would change because it appeared that no changes would be made. Cellular Sales of Knoxville, Inc. served on 3/26/2012. Cellular Sales of Knoxville, Inc. et al, Court Case No. We find PlaintiffsAppellees' argument unpersuasive for two reasons. However, in that case, the plaintiff signed a comprehensive employment agreement containing an arbitration clause three months into his employment. Id. Company has employed you ("Employee") to sell the Products. Id. Plaintiffs in the case argued AT&T failed to inform . Today's top 343 Engineer jobs in Grenoble, Auvergne-Rhne-Alpes, France. 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. It is axiomatic that [w]hether enforcing an agreement to arbitrate or construing an arbitration clause, courts and arbitrators must give effect to the contractual rights and expectations of the parties. (Carbo, Charles) (Entered: 01/02/2014), Unopposed MOTION Approval of FLSA Settlement by Nicholas Bolletino. (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. See id. Reeses role as a lawyer is to keep the companys interests and reputation in order. 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. All Rights Reserved. Cellular Sales of Knoxville, Inc. UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Although Amoco Cadiz arose under different factual circumstances, it demonstrates the absence of a hard and fast rule in the Seventh Circuit prohibiting an arbitration agreement from covering disputes that arose before the agreement was signed. (Attachments: # 1 Exhibit A, # 2 Exhibit Case Law) (Carbo, Charles) Modified text on 11/27/2012 (AYB). The facts are drawn from the district court's memorandum, supplemented as necessary by the record. 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. Our resolution of the arbitrability issue in PlaintiffsAppellees' favor makes it unnecessary for us to evaluate the merits of their unconscionability arguments in the first instance.
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