The local timezone is named Europe / Paris with an UTC offset of 2 hours. 216(b) (Tift, Scott) (Entered: 01/25/2013), NOTICE by Nicholas Bolletino Notice of Consent of Joseph Charles Pavlick, III, William Sizemore, Jeremy Hutchens, Anthony Overpeck, Robert Edgar, W. David McGuffin, Nikolaos Kastanaras, Elizabeth Mistarz, Dylan Gietz, Amanda Bailey, Melissa Nealy, James Maddox, Luis Marrero, Jennifer Hidalgo, Jason Edward Britt, Donna Garcia, Brea Sharron, Ryan Schwartz, Oscar Braun, Mark Lebeda, Micah Wangerin, Justin Lambert, Bryant Lightsey, Josh Mitchell, Gene Patterson, Brian Ferdig Sr., Conway William Brooks III, Jesse Paletta, Trevor Burns, Lee Jones, Jefferson Davis, Robertt Derr, Brandon Tab Neeley, Maury Miller, Marsha Motes, Ricardo Gill, Scott DeSander, Ellie Collins, Timothy Dixon, Bradley White, Jim Tooles, Charles Danyal Williams, Matthew Butler, and Monta Easter to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. Mediation has been agreed upon as a result of this case. Nothing. 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. %V.%:&_;
Today's top 343 Engineer jobs in Grenoble, Auvergne-Rhne-Alpes, France. strict standards for business conduct. If this deal is completed, it will result in a duopoly in the state of California, with two of the countrys largest wireless providers controlling the majority of the market. Some customers have complained of being charged for services they did not receive, while others have been overcharged for services they did receive. AT&T has agreed to a $12 million settlement in a class-action lawsuit over its throttling of "unlimited" mobile data plans. (Dkt. It is a fundamental principle of contract interpretation that, in the absence of ambiguity, the intent of the parties must be determined from their final writing and no parol evidence or extrinsic evidence is admissible. Int'l Klafter Co. v. Cont'l Cas. New Engineer jobs added daily. Sign up or sign in to contribute one. Last Updated September 10, 2016 at 7:48 PM EDT (6.6 years ago), STATUS REPORT 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 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. Time in Grenoble is now 07:11 AM (Thursday). Put case on wrong and phone was destroyed! at 121112 (alteration in original). The plaintiff argued that he should not be required to arbitrate because the claim predated the arbitration agreement; this Court disagreed. All rights reserved. 1. A hearing on defendants' motions to dismiss and to compel arbitration is scheduled for 7/18/12 at 2:00 p.m. 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. Consumers want to see how a business took care of business. I1F[;P-%jJ=D@4R-eJB%W*6pX,[NJ|PM^:-E+fHg (Attachments: # 1 Text of Proposed Order) (Carbo, Charles) Modified text on 3/25/2013 (AYB). Cellular Sales filed a motion for leave to perfect service (Doc. 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. Lied to and deceived by sales agents only interested in the biggest kickbacks they get off a phone you don't want! No calendar events were found for this docket. 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. 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! (Attachments: # 1 Other Cert. (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). Cellular Sales of Ohio, LLC served on 3/27/2012. The use of the phrase has employed you does not indicate specifically when the employment relationship commenced. 21117 (Compensation Agreement). 13). ^/g1]
Khd First, since one panel of this Court [typically] cannot overrule a prior decision of another panel, Gelman v. Ashcroft, 372 F.3d 495, 499 (2d Cir.2004) (internal quotation marks omitted), we are bound by this Circuit's cases that require positive assurance to rebut the presumption of arbitrability. Sales of New York, LLC ("CSNY") and Cellular Sales of Knoxville, Inc. ("CSK") (collectively, "Defendants") asserting claims for alleged violations of minimum wage and overtime requirements. 201 et seq., New York common law, and various provisions of New York's Labor Law, N.Y. (internal quotation marks omitted). 216(b) (Santillo, R) (Entered: 10/22/2012), NOTICE by Giuseppe Anile of Consent of GIUSEPPE ANILE to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 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. I have a loan for a $30,000 car, yet I have no car, "I have been completely ripped off." [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. endstream
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A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. Slawson seeks unpaid overtime wages, liquidated damages, attorneys fees, expenses and court costs. All Rights Reserved. 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 first paragraph of the Compensation Agreement states in full: Cellular Sales (Company) is in the business of retail sales of Verizon Wireless services and related equipment and accessories (Products). Your activity looks suspicious to us. (ABF) (Entered: 06/08/2012), MOTION to Stay Discovery and Rule 26 Disclosures and Memorandum of Law in Support Thereof 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. DefendantsAppellants are correct that this Court has held that broad arbitration provisions that contain no express temporal limitation can apply to claims that arose prior to the execution of the arbitration agreement. Reese Thomas has 20 years of experience in both business and legal matters. Because thousands of other customers also were charged full tax for devices they received at a discounted price,. 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. According to Verizon Agent Ahmed, the first payment for the month of January 2022 would be less than $200. (Entered: 04/03/2012), SUMMONS Returned Executed by Nicholas Bolletino. 216(b) (Tift, Scott) (Entered: 01/17/2013), NOTICE by Nicholas Bolletino Notice of Consent of Stephanie Stephens, Brandon Waymire, Laura Martin, Jordan Scott Brady, Stephen Roberts, Aaron Floyd, Jessica Woodward, Leigh Ann Denay, Pat Bishop, Daryl Fuller, Guerfalone Destinoble, Marc Destinoble, Jamie Morgan, Barry Baxter, David Wyer, James Jacob Barbero, Christopher Franzen, Joseph J. Cobb, Carlos Escanlar, Peter Stewart, and Mike Barlow to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. (Attachments: # 1 Other Certified U.S. Mail Receipt- Cellular Sales of New York, LLC)(Garrison, David) (Entered: 04/23/2012), MOTION to Dismiss for Lack of Jurisdiction 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 Louisiana, LLC, Cellular Sales of Maryland, LLC, Cellular Sales of Mississippi, LLC, Cellular Sales of Missouri, 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 South Carolina, LLC, Cellular Sales of Texas, LLC. Pamona CA California, Cellular Sales Verizon Cellular Sales They have paperwork that don't match you service, what phone numbers are no signatures. 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. Hiding negative complaints is only a Band-Aid. Our conclusion is confirmed by our examination of the allegations in the complaint. 1 . 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. a27:;P S;p^4b tX
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All courthouse personnel, judges, and law enforcement have been made . 10. 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. (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. 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. (Campbell, Tena) (Entered: 05/31/2013), SUPPLEMENTAL Motion to Dismiss and Motion to Compel Arbitration by Defendants. 216(b) (Santillo, R) (Entered: 11/16/2012), Minute Entry for proceedings held before District Judge Tena Campbell: Motion Hearing held on 11/14/2012 re 29 Motion to Dismiss and Compel Arbitration, Motion to Dismiss for Failure to State A Claim and 30 Motion to Dismiss for Lack of Jurisdiction . Cellular Sales of Indiana, LLC served on 3/26/2012. (Campbell, Tena) (Entered: 12/06/2012), MEMORANDUM in Support of Proposed Notice Language re 103 Order. 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. Their product sucks. Read More Lawsuit & Settlement News: Muscle Milk Class Action Resolved in $12M Deal Chinese Laminate Flooring Class Action Settlement How Do You Prevent Pressure Ulcers? But they were later charged sales tax on the full price of the phones and service. Cherry valley New York, Rustys Rod Shop Rusty Grindle Criminal activity and thousands in damages to my 6 figure truck build. This site is protected by reCAPTCHA and the Google. Save 25% on a pre-paid one year subscription. (Entered: 06/13/2013), ORDER granting 188 Motion for Leave to File Excess Pages. Founded 2,000 years ago, Lyon's streets are a living museum, with beautiful historical buildings and interesting art galleries and museums. Cellular Sales of Knoxville, Inc. et al, Court Case No. Relevant for this appeal, each Sales Agreement stated that the respective Plaintiff's company was an independent contractor of Cellular Sales. (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. (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. (Hyatt, Seth) (Entered: 06/13/2013), AFFIDAVIT re 191 Response in Opposition to Motion, DECLARATION OF NICHOLAS BOLLETINO by Nicholas Bolletino. (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. Thus, our discussion focuses on the scope of that agreement. 216(b) (Tift, Scott) (Entered: 01/18/2013), NOTICE by Nicholas Bolletino Notice of Consent of Devin DeLucia, James Harvey, and Stephen Orenstein to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. U.S. Mail Return Receipt- Cellular Sales of Tennessee, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. Parties outside of court must meet in mediation in order to resolve labor disputes. Cellular Sales of Birmingham, LLC served on 3/26/2012. 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. v. Verizon Wireless Services LLC, et al., Case No. (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. He misrepresents skills, says he is in US, but is in other countries, opens backdoors in software, Victoria Pressly AKA Victoria Talbot? Cellular Sales of Georgia, LLC served on 3/26/2012. 62 0 obj
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216(b) (Santillo, R) (Entered: 09/19/2012), NOTICE by Sarah L. Mason of Consent of SARAH L. MASON to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. (JDH) (Entered: 09/09/2013), ORDER granting 213 Motion to Stay. Company has employed you (Employee) to sell the Products. Plaintiffs-Appellees Timothy Pratt and William Burrell are two of the named plaintiffs in this putative class action lawsuit against Defendants-Appellants Cellular Sales of New York, LLC ("Cellular Sales") and its . AT&T and Verizon Wireless have agreed to a $10.4 billion deal for the sale of Verizon Wireless California operations, the companies announced this morning. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages, Don't let them get away with it! Let the truth be known!, Cellular Sales Verizon Wireless Authorized Retailer. Visit Lyon. The parties appear telephonically: Mr. David Garrison and Mr. Andrew Santillo for the Plaintiff and Mr. Larry Carbo for the Defendants. (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. Please prove that you're human. Signed by District Judge Tena Campbell on February 12, 2013. Message and data rates may apply. In some cases, customers have also reported being sold used or damaged merchandise as new. In this endeavor, as with any other contract, the parties' intentions control. StoltNielsen S.A. v. AnimalFeeds Int'l Corp., 559 U.S. 662, 682 (2010) (citations and internal quotation marks omitted). Plaintiff's attorney: R. Andrew Santillo. Message and data rates may apply. 216(b) (Santillo, R) (Entered: 01/07/2013), MOTION to Withdraw as Co-Counsel by Nicholas Bolletino. Signed by District Judge Thomas A Varlan on 4/25/12. 9. (Entered: 07/03/2013), PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE SUR-REPLY by Nicholas Bolletino. (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. 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 !!! No. v. StoltNielsen SA, 387 F.3d 163, 172 (2d Cir.2004). 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. 216(b) (Santillo, R) (Entered: 09/04/2012), NOTICE by Elvers Brooks of Consent of ELVERS BROOKS to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 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. v. Commc'ns Workers of Am., 475 U.S. 643, 650 (1986). Serv. $LMAE4\_@=CMwx=KI"-^\/H('T8%ADR C&vRLJI%J3i6M&{*. The top reps can make $8,000-10,000. hzy`SUIfO&m6m_hih-k[,[V 8Kq!3VA8VtwK,~}z{n pP_7+-swK>@nZULn w-\oLg][ 7[r aq ;{~ MXP9]u- S7X{q=k{/btlo[x'q} Cellular Sales of New Jersey, LLC served on 3/26/2012. 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.
Although contractual language referring to the payment of commissions beginning on the third month after commencement of employment and an example concerning January sales commissions might suggest an understanding that the contractual employment relationship began in January 2012, Joint App. Company has employed you ("Employee") to sell the Products. 4. Solely reading within the four corners of the contract, we cannot discern whether the parties intended for the arbitration agreement's scope to cover the current dispute. 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. 8. See Newbanks v. Cellular Sales of Knoxville, Inc., 548 F. App'x 851(4th Cir.2013). Contact us. (Attachments: # 1 Other Cert. 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. (Entered: 04/16/2012), ORDER granting 22 , 23 , 24 , 25 , 26 , and 27 Motions for Leave to Appear, MOTION for Leave for Robert DeRose to Appear, SUMMONS Returned Executed by Nicholas Bolletino. West, Stephen Roberts, Marietta Ward, and Santo Fulmino to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. (Campbell, Tena) (Entered: 03/13/2013), Joint MOTION for Extension of Time to File Proposed Schedule by the parties. Cellular Sales of Missouri, LLC served on 3/26/2012. 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. 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. He is a liar and a total joke. In his role as COO, he oversees the companys key functions, such as store operations, technology, supply chain management, and logistics. 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. (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. U.S. Mail Return Receipt- Cellular Sales of Georgia, LLC)(Garrison, David) (Entered: 03/28/2012), Summons Issued as to 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. 177). Foster of Consent of PATRICK J. On June 18, 2019, this case was filed in the Eastern District of Pennsylvania. Dane Scism, the CEO of Cellular Sales, travels the country scouting for new Verizon store locations almost every day. 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. (Attachments: # 1 Exhibit Bolletino Compensation Agreement, # 2 Exhibit AAA Labor Arbitration Rules, # 3 Exhibit AAA Statistics 2011, # 4 Exhibit FMCS Statistics 2013) (Hyatt, Seth) Modified text on 6/14/2013 (AYB). Barkan Meizlish Handelman Goodin DeRose Wentz, LLP, Chamberlain, Hrdlicka, White, Williams & Aughtry. (adsbygoogle = window.adsbygoogle || []).push({}); Non-Government Works Copyright 2001-2023 Think Computer Corporation. Signed by District Judge Tena Campbell on 01/25/2013. (Attachments: # 1 Text of Proposed Order)(Garrison, David) Modified text on 4/25/2012 (ADA). qBpC'UBV*E B o/o? 106. still nothing. This dispute is about events that transpired when the Sales Agreements were in effect, and these contracts have their own dispute resolution mechanism. 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. Slawson says he and the other putative class members were non-exempt employees. Defendants attorneys: C. Larry Carbo and Ryan Cantrell. 216(b) (Tift, Scott) (Entered: 03/13/2013), ORDER granting 176 Motion for Extension of Time to File. (c/m)(ABF) (Entered: 05/15/2012), RESPONSE in Opposition re 30 MOTION to Dismiss for Lack of Jurisdiction filed by Nicholas Bolletino. U.S. Mail Return Receipt- Cellular Sales of Louisiana, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. 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. (Attachments: # 1 Other Cert. (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. Golf Classic benefiting Mary Bird Perkins Cancer Center in Baton Rouge. 216(b) (Santillo, R) (Entered: 09/19/2012), NOTICE by Nathan Damboise of Consent of NATHAN DAMBOISE to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. hUn0+c&E3iK"~I*vS%) ] ?v}66c45B*). ]7.47{Xnvwu~$#2tj;JJXTP
.B`' H4|yD(A PlaintiffsAppellees seek compensation owed under the Fair Labor Standards Act of 1938 (FLSA), 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. 216(b) (Tift, Scott) (Entered: 02/27/2013), NOTICE by Nicholas Bolletino Notice of Consent of Stephen Medley to Become a Party Plaintiff Pursuant to FLSA Section 16(b) 29 U.S.C. Since the plain language of the Compensation Agreement is ambiguous, we turn to whether parol evidence sheds light on the parties' intent. As usual, refunds to individual customers amount to a fraction of .
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