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. 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. Their product sucks. Cellular Sales of Mississippi, LLC served on 3/26/2012. 235. Reeses role as a lawyer is to keep the companys interests and reputation in order. (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. We have jurisdiction over this interlocutory appeal pursuant to 9 U.S.C. (emphases added). (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. The plaintiff claims Workman began to work for the company in late 2012 to sell cellphones and cellphone plans. The new iPad. Bundle entertainment packages. (Attachments: # 1 Text of Proposed Order) (Carbo, Charles) Modified text on 3/25/2013 (AYB). Joint App. Cellular Sales filed a motion for leave to perfect service (Doc. 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 . In New York, a contract's clauses should be read together contextually in order to give them meaning. Diamond Castle Partners IV PRC, L.P. v. IAC/InterActiveCorp, 82 A.D.3d 421, 422 (N.Y.App.Div.2011) (internal quotation marks omitted). 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. 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. Business Rating: Rate this business 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. (Attachments: # 1 Exhibit Exhibit A)(Barrett, George) (Entered: 07/20/2012), MOTION Equitable Tolling on Behalf of Potential Opt-In Plaintiffs by Nicholas Bolletino, William Love, III. Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported. Because thousands of other customers also were charged full tax for devices they received at a discounted price,. 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. Cherry valley New York, Rustys Rod Shop Rusty Grindle Criminal activity and thousands in damages to my 6 figure truck build. Getman, Sweeney, and Dunn provide sales representatives, account managers, and other similar positions in the cellular industry. (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. 106. (Campbell, Tena) (Entered: 12/06/2012), MEMORANDUM in Support of Proposed Notice Language re 103 Order. Plaintiffs filed a putative class action suit against defendants under state and federal labor laws, alleging that they were unlawfully denied various forms of compensation and benefits because defendants improperly classified them as independent contractors rather than employees. (Attachments: # 1 Text of Proposed Order)(Carbo, Charles) Modified text on 5/31/2013 (ABF). (Hyatt, Seth) (Entered: 06/13/2013), AFFIDAVIT re 191 Response in Opposition to Motion, DECLARATION OF AMANDA BAILEY by Nicholas Bolletino. 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 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. Consumers love to do business with someone that can admit mistakes and state how they made improvements. 216(b) (Tift, Scott) (Entered: 01/22/2013), NOTICE by Nicholas Bolletino Notice of Consent of John Maynard to Become Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Foster of Consent of PATRICK J. 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. Customers will now face increased prices and limited wireless options as a result of the deal, which is sure to offend. Co., 869 F.2d 96, 100 (2d Cir.1989). To update this case yourself, sign into PACER (paid PACER subscription required). (Entered: 03/21/2012). learn more Unlimited is going Ultra 5G Ultra Wideband is now in more places. Corporate Advocacy Business Remediation and Customer Satisfaction Program. Discovery in this matter is STAYED pending disposition of the 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 29 . (JDH) (Entered: 09/09/2013), ORDER granting 213 Motion to Stay. (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. The Sales Agreements went on to state that Cellular Sales would not withhold taxes on the commissions Plaintiffs earned and that Plaintiffs were not entitled to any compensation, benefits, vacation or vacation pay, sick leave, participation in a retirement program, health insurance, disability insurance, unemployment benefits or other benefits from [Cellular Sales]. Joint App. However, in that case, the plaintiff signed a comprehensive employment agreement containing an arbitration clause three months into his employment. Id. (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. (Campbell, Tena) (Entered: 08/12/2013), SCHEDULING ORDER:Signed by Magistrate Judge H Bruce Guyton on 08/07/2013. (Campbell, Tena) (Entered: 05/31/2013), SUPPLEMENTAL Motion to Dismiss and Motion to Compel Arbitration by Defendants. %V.%:&_; 95-25.1et seq. (Garrison, David) Modified text on 2/14/2013 (AYB). West, Stephen Roberts, Marietta Ward, and Santo Fulmino to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. In the Sales Agreements, DefendantsAppellants agreed with the Sales Companies that Pratt and Burrell were not employees of Cellular Sales. 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. 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. They will help you out if you need help with anything and everyone is there for you if you need guidance. (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. 21117 (Compensation Agreement). (Attachments: # 1 Other Cert. Copyright 1997-2023 Ripoff Report. (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. Signed by District Judge Thomas A Varlan on 6/28/12. For more results perform a general search for "cellular sales". 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. U.S. District Court for the Eastern District of Louisiana case number 2:15-cv-03191-HGB-SS. Joint App. However, the Federal Arbitration Act's8 liberal policy in favor of arbitration is limited by the principle that arbitration is a matter of consent, not coercion. 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. It would be inconsistent with the parties' conduct to construe the Compensation Agreement, which referenced employment, to apply to a period when the parties themselves did not contemplate such a relationship. 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! A total of 89 sales representatives have agreed to sue the company as of this writing. Defendants shall have until May 30, 2013, to re-urge or supplement their Motions to Dismiss. Signed by District Judge Thomas A Varlan on 6/13/12. 216(b) (Santillo, R) (Entered: 09/19/2012), NOTICE by Shawn Stanton of Consent of SHAWN STANTON to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. (KAW) (Entered: 07/10/2013), ORDER granting 202 Motion for Leave to File Document, based upon the parties' agreement and for good cause shown. For the reasons stated below, the judgment of the district court is AFFIRMED. 219. 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. at 121112 (alteration in original). The district court correctly determined that the arbitration clause at issue here is broad because it applies to [a]ll claims, disputes, or controversies arising out of, or in relation to this document or Employee's employment with [Cellular Sales], Joint App. Who's crazy enough to start this website? 71 0 obj <>stream Missouri Decision)(Hyatt, Seth) Modified text on 7/15/2013 (ADA). A Pennsylvania resident is suing his Tennessee-based employer, alleging labor law violations. Cellular Sales 1138 NE DOUGLAS STREET, LEE SUMMIT, MO 64086 Internet United States of America Phone: Web: www.cellularsales.com Category: Cellular Phone Companies Cellular Sales CSOKI EMPLOYEE AND CUSTOMER EXPLOITATION , Internet *General Comment: Fraud Waste of Time Company!!!! { Relevant for this appeal, each Sales Agreement stated that the respective Plaintiff's company was an independent contractor of Cellular Sales. 216(b) (Santillo, R) (Entered: 09/21/2012), NOTICE by Joshua S. Maleeff of Consent of JOSHUA S. MALEEFF to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 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. 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. 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. ("FLSA"), by failing to pay Chapman overtime compensation, as well as the North Carolina Wage and Hour Act, N.C. Gen. Stat. DefendantsAppellants have not persuaded us that the forceful evidence requirement should be extended to the contract presently before us. Motorola Credit Corp. v. Uzan, 388 F.3d 39, 49 (2d Cir.2004). 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 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. Corp., 525 U.S. 70, 78 (1998) (emphasis omitted). Id. hTmO0+84I UjM*IYHiR%FE'wwsH$IkHx[D$I8R~IO "NbFbshg)CLY`( #s;rFeL {L2A\O[qzb43v%C#)Z$_VhS%RC|#!g4nVyiM.Q y~7yYGOUXHSM_mj^^jIx7lAe`qyyL3{mS{3FHE*v*) , In this case, the parties agreed in the Compensation Agreement to arbitrate. 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. (Dkt. 216(b) (Tift, Scott) (Entered: 02/15/2013), NOTICE by Nicholas Bolletino Notice of Consent of Kodi Mathis Darbonne, Andrew Dike, and Kestia Sillionnat to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. 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: 06/13/2013), ORDER granting 188 Motion for Leave to File Excess Pages. The chain began as a single location in Knoxville, Tennessee and has since grown to nearly 800 locations in 40 states and over 7,000 team members. 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. (ADA) (Entered: 07/25/2012), NOTICE of Appearance by R. Deno Cole on behalf of All Defendants (Cole, R.) (Entered: 07/24/2012), MEMORANDUM in Support of Motion re 58 MOTION Equitable Tolling on Behalf of Potential Opt-In Plaintiffs filed by Nicholas Bolletino, William Love, III. 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 Louisiana, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. (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. (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. You can also request a claim form or ask questions by calling 877-654-1982 or emailing info@ATTDataThrottling.com. (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. 8. 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 !!! Hiding negative complaints is only a Band-Aid. (Tift, Scott) (Entered: 06/20/2012), LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to 53 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 by Nicholas Bolletino, William Love, III filed by Nicholas Bolletino, William Love, III. We have filed criminal charges Cleveland Georgia, ENDBAR FOUNDATIONS INC efi demolition equipment, Endbar Foundations Screwed me out of $2000 on the 1st job and $29,970 on the 2nd Job over 10 Months of work gone. We carry the best phones, tablets, smartwatches, and accessories from around the world. 8IjKmi1F*"z (fy=#"_]qg%z>Sx}wC&]cp3']0M5KOW}Y(_`o-5m^uO1P}Q$ 1G [I]n light of the strong federal policy in favor of arbitration, the existence of a broad agreement to arbitrate creates a presumption of arbitrability which is only overcome if it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute. (Entered: 04/25/2012), SUMMONS Returned Executed 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). 23536. This Court reviews de novo the district court's decision to deny a motion to compel arbitration. $LMAE4\_@=CMwx=KI"-^\/H('T8%ADR C&vRLJI%J3i6M&{*. 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. Slawson seeks unpaid overtime wages, liquidated damages, attorneys fees, expenses and court costs. The court went on to support its conclusion by noting that the plaintiffs had limited their claims to the time period prior to when they signed the compensation agreements and that, during that period, the plaintiffs did not have any formal or contractual relationship with Cellular Sales at all. Id. Added MOTION to Compel {arbitration} and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on 4/17/2012 (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. In some cases, customers have also reported being sold used or damaged merchandise as new. qBpC'UBV*E B o/o? You are not currently an employee of Cellular Sales-you are CONTRACTED with Cellular Sales; you are an employee of your own company (LLC or Corp). Joint App. (Campbell, Tena) (Entered: 03/13/2013), Joint MOTION for Extension of Time to File Proposed Schedule by the parties. (VaQ: DefendantsAppellants' change in course is just the type of positive assurance required to show that the parties did not intend for the arbitration clause to cover the current dispute. For example, in Coenen v. R.W. In total, 75 Sales Representatives have joined the lawsuit as of January 2019. (This entry constitutes the complete order of the Court. 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. Message frequency varies. 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. r=J^rC2Yd" Signed by District Judge Thomas A Varlan on 7/25/12. (c/m)(ABF) (Entered: 05/15/2012), RESPONSE in Opposition re 30 MOTION to Dismiss for Lack of Jurisdiction filed by Nicholas Bolletino. (Attachments: # 1 Exhibit A, # 2 Exhibit Case Law) (Carbo, Charles) Modified text on 11/27/2012 (AYB). 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. In addition, the class seeks back wages, liquidated damages, attorney fees, interest, and costs. At the time, he was named Entrepreneur of the Year by UTs Haslam School of Business. 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. This provision states, in relevant part: All claims, disputes, or controversies arising out of, or in relation to this document or Employee's employment with [Cellular Sales] shall be decided by arbitration Joint App. Cellular Sales of Louisiana, LLC served on 3/26/2012. 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. Cellular Sales operates 745 retail locations across 42 states in the United States. (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. 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. 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. DefendantsAppellants also submit that Pratt and Burrell have not proffered forceful evidence that supports a finding of non-arbitrability. The deadline to. AT&T will acquire Verizon Wireless California operations for $10.4 billion, according to a statement from the company this morning. Defendants attorneys: C. Larry Carbo and Ryan Cantrell. Thats what sets us apart. Lyon is France's third-largest city and a major tourist destination. 216(b) (Tift, Scott) (Entered: 01/16/2013), NOTICE by Nicholas Bolletino Notice of Consent of Darrell Stafford and Jason Johnson to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. (Court Reporter Jolene Owen) (MGM) (Entered: 07/26/2012), NOTICE by Nicholas Bolletino re 49 MOTION to Stay Discovery and Rule 26 Disclosures and Memorandum of Law in Support Thereof PLAINTIFFS NOTICE OF FILING TO CLARIFY HIS POSITION REGARDING DEFENDANTS MOTION TO STAY DISCOVERY (Garrison, David) (Entered: 07/25/2012), ORDER REFERRING plaintiff's 58 MOTION Equitable Tolling on Behalf of Potential Opt-In Plaintiffs filed by Nicholas Bolletino, William Love, III to Magistrate Judge H. Bruce Guyton for his consideration and determination or report and recommendation, as may be appropriate. Dane Scism, the CEO of Cellular Sales, travels the country scouting for new Verizon store locations almost every day. Put case on wrong and phone was destroyed! Lied to and deceived by sales agents only interested in the biggest kickbacks they get off a phone you don't want! Who is ED Magedson - Founder, Ripoff Report. Consumers want to see how a business took care of business. (Attachments: # 1 Other Certified U.S. Mail Receipt- Cellular Sales of Delaware, LLC)(Garrison, David) (Entered: 04/03/2012), Notice of Filing Notice of Consent to become party plaintiff by Nicholas Bolletino (Attachments: # 1 Exhibit A - Signed Consent Form)(Garrison, David) Modified text on 4/4/2012 (ADA). Signed by District Judge Tena Campbell on 08/19/2013. 216(b) (Tift, Scott) (Entered: 03/04/2013), ORDER granting 171 Motion. 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. 216(b) (Tift, Scott) (Entered: 02/21/2013), NOTICE by Nicholas Bolletino Notice of Consent of David Seaman, Jeff Gembitsky, Douglas Frizzell, Jimmie Wittiemere Jr., Todd Jasper, Brian Foy, Isaac Roberts, Dexter Rutledge, and David Nickerson to Become Party Plaintiffs Pursuant to FLSA Section 16(b) 29 U.S.C. Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. (Entered: 07/03/2013), PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE SUR-REPLY by Nicholas Bolletino. Copyright 2023, Thomson Reuters. PlaintiffsAppellees Pratt and Burrell respond that this Court need not reach DefendantsAppellants' argument because the Compensation Agreement is unambiguous. To request information suppression, updates, or additions, contact us about this docket. (adsbygoogle = window.adsbygoogle || []).push({}); Non-Government Works Copyright 2001-2023 Think Computer Corporation. Powerful. According to the lawsuit, Cellular Sales failed to pay employees for overtime hours at the rate of time-and-a-half of the federal minimum wage. 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. (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. 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.
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