To request information suppression, updates, or additions, contact us about this docket. (internal quotation marks omitted).9. (c/m)(ABF) (Entered: 05/15/2012), RESPONSE in Opposition re 30 MOTION to Dismiss for Lack of Jurisdiction filed by Nicholas Bolletino. Immersive listening wherever you go with Beats Studio Buds true wireless noise cancelling earphones. According to the complaint, Cellular Sales is an authorized retailer of Verizon wireless products operating more than 600 stores across 28 states including Louisiana. The new iPad. This case was filed in Sumter County Florida Courts, Sumter County Courthouse located in Sumter, Florida. (Hyatt, Seth) (Entered: 06/13/2013), AFFIDAVIT re 191 Response in Opposition to Motion, DECLARATION OF AMANDA BAILEY by Nicholas Bolletino. Plaintiffs in the case argued AT&T failed to inform . 218. PDF United States Court of Appeals No Evidence Of Widespread Consumer Fraud At Cellular Sales Stores In 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. 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 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. 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. endstream endobj 57 0 obj <> endobj 58 0 obj <> endobj 59 0 obj <>stream Added MOTION to Compel {arbitration} and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on 4/17/2012 (ADA). All Rights Reserved. Dane Scism, the CEO of Cellular Sales, travels the country scouting for new Verizon store locations almost every day. (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. v. StoltNielsen SA, 387 F.3d 163, 172 (2d Cir.2004). 7. 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. (VaQ: (Attachments: # 1 Other Unpublished Cases, # 2 Text of Proposed Order)(Carbo, Charles) (Entered: 08/03/2012), Minute Entry for proceedings held before Magistrate Judge H Bruce Guyton: Motion Hearing held on 7/25/2012 re Defendnat's 49 MOTION to Stay Discovery and Rule 26 Disclosures and Memorandum of Law in Support Thereof. Pollutro, Bernard Vs Cellular Sales of Knoxville In (This entry constitutes the complete order of the Court. In total, 75 Sales Representatives have joined the lawsuit as of January 2019. (Entered: 03/21/2012). 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. Cellular Sales of Knoxville, Inc. v. Chapman - casetext.com Sales reps are paid well and have access to additional benefits and pay in addition to their competitive salaries. The Judges overseeing this case are MILITELLO, PAUL LOUIE, MURPHY, VINCENT and MILITELLO, PAUL. (Court Reporter Becky Janke) (Campbell, Tena) (Entered: 12/10/2012), NOTICE of Position Statement Regarding Communication with Putative Class Members Prior to Opt-In 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 re 108 Notice of Hearing (Carbo, Charles) Modified text on 12/10/2012 (AYB). 4. 216(b) (Tift, Scott) (Entered: 03/08/2013), NOTICE by Nicholas Bolletino Notice of Consent of Dezmond Alexanders, Hakiem Alhamdan, Robert Cannon, Brian Nance, and Andrea Steinau to Become Party Plaintiffs Pursuant to FLSA Section 16(b) 29 U.S.C. Mt Pleasant South Carolina, Cellular Sales Salesmen lied to me and my credit card company about my return Williston VT, Cellular Sales Beware this is not a Verizon store Overpriced Silver Spring Maryland, cellular sales of llc aaron morris&jasonlast name not given was soled ajetpack in fl with no battery or sim card for 189.39 clearwater Florida, CELLULAR SALES NO NAMES, THEY KNOW Steal $$$ BALTIMORE Maryland, Cellular Sales Buyer Beware - These guys make used car salesmen look ethical Huntington New York, cellular sales don't be riped off stafford Virginia, CSOKI Sanford, Maine Kyle Elliott - Do not trust a thing he says! Lied to and deceived by sales agents only interested in the biggest kickbacks they get off a phone you don't want! 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. 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. (Dkt. Corp., 525 U.S. 70, 78 (1998) (emphasis omitted). 216(b) (Tift, Scott) (Entered: 03/18/2013), NOTICE by Nicholas Bolletino Notice of Consent of Reginald Nsonamoah to Become Party Plaintiff Pursuant to FLSA Section 16(b) 29 U.S.C. 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. 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. Lawsuit Claims Consumer Cellular Failed to Pay Customer Service Reps Since the plain language of the Compensation Agreement is ambiguous, we turn to whether parol evidence sheds light on the parties' intent. We deliver outstanding experiences, with thoughtful and valuable insight from our wireless sales consultants. 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. Their argument is rooted in a line of Supreme Court cases that relate to arbitration clauses in collective bargaining agreements. Parties outside of court must meet in mediation in order to resolve labor disputes. Cellular Sales ("Company") is in the business of retail sales of Verizon Wireless services and related equipment and accessories ("Products"). 257 (emphasis added). For example, in Coenen v. R.W. The parties shall join in a single call and then call into the courtroom at 801-524-6509. The United States District Court for the Northern District of New York (Mordue, J.) Cellular Sales of Knoxville, Inc. served on 3/26/2012. Accordingly, it is ORDERED that this case is hereby REASSIGNED to the Honorable Tena Campbell, United States District Judge, for all further proceedings. AT&T has agreed to a $12 million settlement in a class-action lawsuit over its throttling of "unlimited" mobile data plans. at 121112 (alteration in original). That lawsuit alleges that Cellular Sales violated the Fair Labor Standards Act, 29 U.S.C. 1. (Campbell, Tena) (Entered: 08/12/2013), SCHEDULING ORDER:Signed by Magistrate Judge H Bruce Guyton on 08/07/2013. SCAM - promised PR press and bookings nothing came of it!!! Defendants attorneys: C. Larry Carbo and Ryan Cantrell. AT&T will acquire Verizon Wireless California operations for $10.4 billion, according to a statement from the company this morning. 218 (emphases omitted). Working at Cellular Sales: 1,483 Reviews in US | Indeed.com 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. I1F[;P-%jJ=D@4R-eJB%W*6pX,[NJ|PM^:-E+fHg 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. (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). 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. Section 216(b) (Tift, Scott) (Entered: 02/11/2013), NOTICE by Nicholas Bolletino Notice of Consent of Samantha Notarianni to Become Party Plaintiff Pursuant to FLSA Section 16(b) 29 U.S.C. Please prove that you're human. 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 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. 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. Cellular Sales of Mississippi, LLC served on 3/26/2012. 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. Added MOTION to Compel Arbitration on 7/15/2013 (ADA). (Attachments: # 1 Exhibit Letter dated 7.5.13, # 2 Exhibit Unpublished W.D. Signed by Magistrate Judge H. Bruce Guyton on 07/08/13. West, Stephen Roberts, Marietta Ward, and Santo Fulmino to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) (Entered: 09/04/2012), NOTICE by Kristen N. Kessell of Consent of KRISTEN N. KESSELL to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Wondering if a report is missing? 216(b) (Tift, Scott) (Entered: 01/14/2013), NOTICE by Nicholas Bolletino Notice of Filing Consent of Ryan Hellwege, John Pena, Larry Keown, Allen Raitt, Laurence Metzger, and Rolin Rayne (Tift, Scott) (Entered: 01/11/2013), NOTICE by Nicholas Bolletino Notice of Consent of Kristin Hough, David Thompson, Raymond Dube, Desiree Atkins, Shaniya Washington, Gary Stickl, Chrisopher Taggart, Crage McKenzie, Emily Sluder, Austin Wells, Kristopher Dowdell, Wesley Bryant, and Brandon Roberts, to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. (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, ). 8. Missouri Decision)(Hyatt, Seth) Modified text on 7/15/2013 (ADA). Advertisers above have met our ^/g1] Khd 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. Clerk sues Cellular Sales of Knoxville, alleging FLSA violation (Doc. 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. at 852. Bolletino v. Cellular Sales of Knoxville, Inc. et al, Court Case No. 13. As a result, PlaintiffsAppellees were allegedly deprived of, among other things, overtime compensation and minimum wage. PlaintiffsAppellees Pratt and Burrell respond that this Court need not reach DefendantsAppellants' argument because the Compensation Agreement is unambiguous. (Carbo, Charles) (Entered: 06/28/2013), Unopposed MOTION for Leave to File Excess Pages 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. Bolletino v. Cellular Sales of Knoxville, Inc. et al :: Tennessee Holick v. Cellular Sales of New York, LLC - casetext.com In some cases, customers have also reported being sold used or damaged merchandise as new. (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. Don't shop here! 29, 30]. (KAW) (Entered: 08/07/2013), Plaintiffs' RESPONSE to 209 DEFENDANTS' SECOND NOTICE OF SUPPLEMENTAL AUTHORITY (Hyatt, Seth) Modified text on 7/24/2013 (AYB).
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