(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. 216(b) (Santillo, R) (Entered: 11/07/2012), NOTICE by Torreze Days of Consent of TORREZE DAYS to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 71 0 obj <>stream (Attachments: # 1 Text of Proposed Order)(Carbo, Charles) (Entered: 04/29/2013), SCHEDULING ORDER. It was named Verizon Agent of the Year in both 2020 and 2021. In a prior order, this court denied Chapman's motion to stay . Id. Our conclusion is confirmed by our examination of the allegations in the complaint. Dane Scisms vision for Cellular Sales has always centered on delivering meaningful, in-person interactions in order to create long-term customer satisfaction. Based on the contract's plain language, the Newbanks court determined that th[e] arbitration requirement only applies to causes of action accruing from the execution of the [c]ompensation [a]greements and onward. Id. U.S. District Court for the Eastern District of Louisiana case number 2:15-cv-03191-HGB-SS. (Attachments: # 1 Exhibit A-I, # 2 Exhibit J-O)(Carbo, Charles) (Entered: 06/14/2013), AFFIDAVIT re 191 Response in Opposition to Motion, DECLARATION OF JEANNIFER TEMPLE by Nicholas Bolletino. Cellular Sales of Maryland, LLC served on 3/27/2012. Corp., 525 U.S. 70, 78 (1998) (emphasis omitted). This is the case were talking about. $LMAE4\_@=CMwx=KI"-^\/H('T8%ADR C&vRLJI%J3i6M&{*. (c/m to Charles J Muller , III) (KAW) (Entered: 06/25/2013), Unopposed MOTION for Leave to File Reply Brief to Plaintiff's Response to Defendants' Supplement to Defendants' Motion to 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. Overall, there is little evidence that detox diets help eliminate any of these compounds. 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. 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. This dispute is about events that transpired when the Sales Agreements were in effect, and these contracts have their own dispute resolution mechanism. the General manager said Hollywood Florida, Patsy Ward Hollywood Public Defender Patsy Ward is railroading a disabled autistic child to prison Los Angeles California, Regal Keto Shark Tank Regal Keto Diet Pills Reviews This weight is usually regained quickly once you go off the cleanse. Gamble, Josh Tubbs, Stanley Graham, James Haney, David Weber, Wilbert Davis, III, Ashley Carter, Ron Manning, Robert Gerbino, Prince Poitier, Tori Messenger, Joshua Boyd, Christine Nelson Overman, Roderick Lackey, Linda Orozco, Jeffrey Permar, and Ryan Herndon to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) (Entered: 09/06/2012), NOTICE by Terrence Mack of Consent of TERRENCE MACK to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. We deliver outstanding experiences, with thoughtful and valuable insight from our wireless sales consultants. 455(b)(2), The Honorable Thomas A. Varlan, United States District Judge, has recused himself in this cause. of Teamsters, 561 U.S. 287 (2010). For the foregoing reasons, the judgment of the district court is AFFIRMED. (Attachments: # 1 Exhibit 1- Disputed Notice Package) (Barrett, George) Modified text on 11/19/2012 (AYB). (Entered: 11/16/2012), NOTICE by LeMan E. Johnson of Consent of LEMAN E. JOHNSON to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Although acknowledging that the compensation agreements did not reference the prior sales agreement, the court nevertheless deemed the sales agreement the only relevant document that existed during the time period to which the plaintiffs had confined their claims. (VaQ: Don't shop here! On Monday, April 24, 2023, Attorney Shlifka submitted his resignation to State's Attorney Eric Weis effective immediately. (Attachments: # 1 Other Cert. The use of the phrase has employed you does not indicate specifically when the employment relationship commenced. 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. A total of 89 sales representatives have agreed to sue the company as of this writing. 216(b) (Tift, Scott) (Entered: 02/20/2013), NOTICE by Nicholas Bolletino Notices of Consent of Kelly E. Rose, Gregory S. Long, Paul Jernigan, Travis Blazer, Stacy Smith, and Rebecca Lynn Pfleiderer to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. Signed by District Judge Thomas A Varlan on 6/13/12. 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. Wondering if a report is missing? Signed by District Judge Tena Campbell on December 12, 2012. (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). endstream endobj startxref Message frequency varies. 11. Missouri Decision)(Hyatt, Seth) Modified text on 7/15/2013 (ADA). Plaintiffs in the case argued AT&T failed to inform . 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. 29, 30]. 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. You can also request a claim form or ask questions by calling 877-654-1982 or emailing info@ATTDataThrottling.com. 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. (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. Sign up or sign in to contribute one. 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). 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 . You already receive all suggested Justia Opinion Summary Newsletters. 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. 216(b) (Santillo, R) (Entered: 09/04/2012), NOTICE by Patrick J. (Entered: 04/25/2012), SUMMONS Returned Executed by Nicholas Bolletino. (Carbo, Charles) (Entered: 01/02/2014), Unopposed MOTION Approval of FLSA Settlement by Nicholas Bolletino. PlaintiffsAppellees seek compensation owed under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. 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. (ABF) (Entered: 06/28/2012), RESPONSE in Opposition re 49 MOTION to Stay Discovery and Rule 26 Disclosures and Memorandum of Law in Support Thereof filed by Nicholas Bolletino. (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. The first paragraph of the Compensation Agreement provides for an at-will employment relationship, stating that [Cellular Sales] has employed you (Employee) to sell [Verizon Wireless services and related equipment]. Joint App. 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. 218. 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. PlaintiffsAppellees Pratt and Burrell respond that this Court need not reach DefendantsAppellants' argument because the Compensation Agreement is unambiguous. Since the plain language of the Compensation Agreement is ambiguous, we turn to whether parol evidence sheds light on the parties' intent. 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. At the time, he was named Entrepreneur of the Year by UTs Haslam School of Business. (Attachments: # 1 Exhibit A, # 2 Exhibit Case Law) (Carbo, Charles) Modified text on 11/27/2012 (AYB). Get free summaries of new Second Circuit US Court of Appeals opinions delivered to your inbox! 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. Time in Grenoble is now 07:11 AM (Thursday). 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. See JLM Indus. v. Verizon Wireless Services LLC, et al., Case No. Their product sucks. Save 25% on a pre-paid one year subscription. (jmk) (Entered: 01/25/2013), NOTICE by Nicholas Bolletino Notice of Consent of Dario Anderson to Become Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. (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. The main complaint is that the service is not as good as advertised, and that it is difficult to get ahold of customer service. U.S. Mail Return Receipt- Cellular Sales of Knoxville, Inc.)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. 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. 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. How those businesses take care of those complaints is what separates good businesses from the rest. Thus, our discussion focuses on the scope of that agreement. (Entered: 04/03/2012), SUMMONS Returned Executed by Nicholas Bolletino. 216(b) (Santillo, R) (Entered: 08/31/2012), NOTICE by Nicholas Bolletino OF FILING NOTICE OF CONSENT (Attachments: # 1 Exhibit A- Signed Consent Form)(Garrison, David) (Entered: 08/31/2012), NOTICE by Lester Levine of Consent of LESTER LEVINE to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. The top reps can make $8,000-10,000. 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. No calendar events were found for this docket. 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. (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. (Hyatt, Seth) (Entered: 06/13/2013), AFFIDAVIT re 191 Response in Opposition to Motion, DECLARATION OF NICHOLAS BOLLETINO by Nicholas Bolletino. (Hyatt, Seth) (Entered: 06/13/2013), RESPONSE in Opposition to 189 SUPPLEMENTAL Motion to Dismiss and Motion to Compel Arbitration filed by Nicholas Bolletino. (Attachments: # 1 Other Cert. De Ruyter New York, Progressive RV insurance Blowing me off. 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. 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. Cellular Sales of Knoxville, Inc. et al, Court Case No. 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. 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. 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. Reeses role as a lawyer is to keep the companys interests and reputation in order. Cellular Sales of Pennsylvania, LLC served on 3/26/2012. You're all set! at 852, 855. Cellular Sales of Northern Florida, LLC served on 3/26/2012. All Rights Reserved. 4. 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. Their argument is rooted in a line of Supreme Court cases that relate to arbitration clauses in collective bargaining agreements. The parties shall join in a single call and then call into the courtroom at 801-524-6509. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. (c/m)(ABF) (Entered: 05/15/2012), RESPONSE in Opposition re 30 MOTION to Dismiss for Lack of Jurisdiction filed by Nicholas Bolletino. Some customers have complained of being charged for services they did not receive, while others have been overcharged for services they did receive. Signed by Magistrate Judge H Bruce Guyton on August 9, 2012. 216 (b) (Tift, Scott) (Entered: 01/24/2013), NOTICE by Nicholas Bolletino Notice of Consent of William C. Hanley, Dominic Deschambault, Philip McCready, Scott Stanfield, Tom Cooley, Mark Carter, Joe Schmidt, Jim Naebzadeh, Travis Byrd, Erica Ramirez, Julia Ann Watson, Barry Johnson, Caitlyn McAlpine, Victor Franklin, Vivekanan Manivannan, Matthew Taylor, Anthony Kowalczyk, Robert Crawford, DeRon Davis, John Ames, Anthony Hashem, Leslie Grundy, and Joel Craig Finch to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. U.S. Mail Return Receipt- Cellular Sales of Missouri, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Cellular Sales of Texas LLC filed a lawsuit April 29 in the Jefferson County District Court against Niovis Workman, citing breach of contract and fraud. In addition, the class seeks back wages, liquidated damages, attorney fees, interest, and costs. The lawsuit alleges Consumer Cellular failed to pay the plaintiff and similarly situated customer service representatives for any of their off-the-clock, pre-shift work. When it comes to our customers, we dont skimp on the details. 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. FOSTER to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Motorola Credit Corp. v. Uzan, 388 F.3d 39, 49 (2d Cir.2004). (internal quotation marks omitted).9. He is represented by attorney Alan Kansas of The Law Office of Alan Kansas in Terrytown. A total of 89 sales representatives have agreed to sue the company as of this writing. 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. 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. The Lloyd Court labeled the presumption of arbitrability soft, and, in PlaintiffsAppellees' view, discarded the requirement for positive assurance to rebut the presumption of arbitrability. ("FLSA"), by failing to pay Chapman overtime compensation, as well as the North Carolina Wage and Hour Act, N.C. Gen. Stat. 216(b) (Tift, Scott) (Entered: 02/08/2013), NOTICE by Nicholas Bolletino Notice of Consent of Andrew Yates and Johnny Carter to Become Party Plaintiffs 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. (Campbell, Tena) (Entered: 08/12/2013), SCHEDULING ORDER:Signed by Magistrate Judge H Bruce Guyton on 08/07/2013. As part of its deal, AT&T Wireless Group will acquire wireless licenses held by Bell Atlantic Corp., Vodafone AirTouch PLC, and GTE Corp. for a total of $3.3 billion in San Francisco, San Diego, and Houston. This category also includes claims brought by employees against the North Carolina Wage and Hour Act and the Pennsylvania Minimum Wage Act. 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. Reese Thomas has 20 years of experience in both business and legal matters. (Campbell, Tena) (Entered: 05/31/2013), SUPPLEMENTAL Motion to Dismiss and Motion to Compel Arbitration by Defendants. Defendants shall have until May 30, 2013, to re-urge or supplement their Motions to Dismiss. In his role as COO, he oversees the companys key functions, such as store operations, technology, supply chain management, and logistics. Seasoned/veteran reps can make an average of $4000-6000 maybe 7. I1F[;P-%jJ=D@4R-eJB%W*6pX,[NJ|PM^:-E+fHg Copyright 1997-2023, Ripoff Report. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Carbo, Charles) (Entered: 06/28/2013), STIPULATION of Allocation of Costs and Fees in 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. Joint App. (This entry constitutes the complete order of the Court. (Campbell, Tena) (Entered: 03/13/2013), Joint MOTION for Extension of Time to File Proposed Schedule by the parties. 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. 6. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Cellular Sales of Birmingham, LLC served on 3/26/2012. Signed by Magistrate Judge H Bruce Guyton on February 13, 2013. Verizon Cellular Sales is a leading provider of products and services that can be found in a variety of Verizon locations. In 2011, Cellular Sales offered PlaintiffsAppellees full-time employment. Plaintiffs shall file their proposed "Amended Collective Action Complaint" in the record on or before February 18, 2013. [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. All rights reserved. Cellular Sales next argues that the Board erred when it found that the companyviolated section 8(a)(1) because its employees would reasonably construe thearbitration agreement to bar or restrict their rights to file charges with the Board orseek access to the Board's processes. In the alternative, PlaintiffsAppellees submit that we can affirm based on the alleged unconscionability of certain aspects of the arbitration agreement. A Pennsylvania resident is suing his Tennessee-based employer, alleging labor law violations. It has a market capitalization of more than $2 billion and is expected to open a new store every three days in 2019. DefendantsAppellants also submit that Pratt and Burrell have not proffered forceful evidence that supports a finding of non-arbitrability. Text STOP to stop. Id. (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. 3. 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. Despite the fact that AT&T will benefit financially from the sale, Verizon Wireless customers in California will bear the brunt of it. The facts are drawn from the district court's memorandum, supplemented as necessary by the record. Your activity looks suspicious to us. 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.
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