v. Verizon Wireless Services LLC, et al., Case No. Dane and his wife purchased Cellular Sales in 1993 and, under his leadership, have experienced tremendous growth and success. (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. 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. learn more Unlimited is going Ultra 5G Ultra Wideband is now in more places. When considering whether claims fall within the scope of an arbitration clause, therefore, we analyze the factual allegations made in the plaintiff's complaint. 1. 8. Who is ED Magedson - Founder, Ripoff Report. SCAM - promised PR press and bookings nothing came of it!!! (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. Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported. (Entered: 04/03/2012), SUMMONS Returned Executed by Nicholas Bolletino. The top reps can make $8,000-10,000. FOSTER to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. (Carbo, Charles) (Entered: 04/30/2013), ORDER granting 183 Defendants' Unopposed Motion to Extend the Deadline to Re-Urge and/or Supplement its Motions to Dismiss. (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. 216(b) (Tift, Scott) (Entered: 01/28/2013), ORDER granting 115 Motion to Withdraw. As in this case, the plaintiffs had previously been employees of their own sales companies, which, in turn, were independent contractors for the defendants pursuant to a sales agreement between the sales companies and the defendants. Id. 21117 (Compensation Agreement). 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. (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 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(Barrett, George) (Entered: 05/14/2012), RESPONSE in Opposition re 29 MOTION to Dismiss and Compel Arbitration MOTION to CompelMOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nicholas Bolletino. 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. (ABF) (Entered: 06/13/2012), MOTION for Hearing on Pending Motions to Dismiss by Nicholas Bolletino. (Attachments: # 1 Text of Proposed Order) (Carbo, Charles) Modified text on 3/25/2013 (AYB). See Newbanks v. Cellular Sales of Knoxville, Inc., 548 F. App'x 851(4th Cir.2013). (Attachments: # 1 Other Cert. SOL!!!! 13). The company has been included in Inc. Magazines Inc 5000 list nine times. 216(b) (Santillo, R) (Entered: 11/05/2012), NOTICE by Lydia Shows of Consent of LYDIA SHOWS to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. (Attachments: # 1 Other, # 2 Other, # 3 Other, # 4 Other, # 5 Other, # 6 Other, # 7 Other, # 8 Other, # 9 Other, # 10 Other, # 11 Other, # 12 Other, # 13 Other, # 14 Other, # 15 Other, # 16 Other, # 17 Other, # 18 Other)(KAW) (Entered: 03/22/2012), ORDER granting in part and denying in part 49 Defendants' Motion for Stay of Discovery and Rule 26 Disclosures and 58 Plaintiffs' Motion for Equitable Tolling on Behalf of Potential Opt-in Plaintiffs. (Attachments: # 1 Other Case)(Carbo, Charles) (Entered: 06/01/2012), NOTICE by Nicholas Bolletino of Filing of Consent to Become a Party Plaintiff for WILLIAM LOVE, III (Santillo, R) (Entered: 05/22/2012), ORDER granting Defendants' 43 Motion for Extension of Time to File Replies to the Pending Motions to Dismiss up to and including 6/1/12. 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. Signed by District Judge Thomas A Varlan on 4/25/12. 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. We conclude that Arrigo is distinguishable because there was no allegation in that case, as there is here, that the parties' contractual relationship changed in a way that implicated the arbitration clause at the time the contract containing the arbitration agreement was executed. CELLULAR SALES Ripoff Reports, Complaints, Reviews, Scams, Lawsuits and Frauds Reported Your Search: cellular sales 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 For more results perform a general search for "cellular sales" 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! endstream endobj 57 0 obj <> endobj 58 0 obj <> endobj 59 0 obj <>stream Plaintiff is DIRECTED to file the proposed sur-reply in the record of this case. 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. PlaintiffsAppellees Timothy Pratt and William Burrell both began their relationship with Cellular Sales in 2010. (Dkt. 216(b) (Santillo, R) (Entered: 09/05/2012), NOTICE by Guerfalone Destinoble of Consent of GUERFALONE DESTINOBLE to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. (This entry constitutes the complete order of the Court. Signed by Magistrate Judge H Bruce Guyton on April 17, 2013. 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. 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. (Attachments: # 1 Exhibit Exhibits A, B, B1, B2, B3, C, # 2 Text of Proposed Order)(McGehee, Daniel). ), filed by NICHOLAS BOLLETINO. Signed by District Judge Tena Campbell on 03/13/2013. On appeal, both parties cite to New York law, and neither party has argued that the law of any other state applies to this dispute. 216(b) (Santillo, R) (Entered: 08/20/2012), NOTICE by Sandra Fite of Consent of SANDRA FITE to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) (Entered: 01/07/2013), MOTION to Withdraw as Co-Counsel by Nicholas Bolletino. (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. Cellular Sales of New York, LLC served on 3/27/2012. The parties appear telephonically: Mr. David Garrison and Mr. Andrew Santillo for the Plaintiff and Mr. Larry Carbo for the Defendants. DefendantsAppellants contend that the arbitration clause here is susceptible of an interpretation that covers the dispute at issue here because Pratt and Burrell allege that they were Cellular Sales employees prior to signing the Compensation Agreements.10 In response, PlaintiffsAppellees contend that the prior Sales Agreements and the conduct of the parties reveals positive assurance that the parties did not intend for the arbitration agreement to apply to claims that arose during the time period when DefendantsAppellants affirmatively labeled PlaintiffsAppellees as non-employees.11. (Entered: 04/25/2012), SUMMONS Returned Executed by Nicholas Bolletino. David L. Threlkeld & Co. v. Metallgesellschaft, Ltd., 923 F.2d 245, 248 (2d Cir.1991). 216(b) (Tift, Scott) (Entered: 02/05/2013), NOTICE by Nicholas Bolletino Notice of Consent of Leighton P. Smith, Steven Blankman, Rachel Myott, and Andre Porterfield to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. The plaintiff argued that he should not be required to arbitrate because the claim predated the arbitration agreement; this Court disagreed. 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. Powerful. 219. Pressprich & Co., 453 F.2d 1209 (2d Cir.1972), the plaintiff had signed an arbitration agreement as part of his application for membership in the New York Stock Exchange (NYSE); it provided that the parties agreed to arbitrate [a]ny controversy between members Id. Despite the fact that AT&T will benefit financially from the sale, Verizon Wireless customers in California will bear the brunt of it. 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. Their argument is rooted in a line of Supreme Court cases that relate to arbitration clauses in collective bargaining agreements. 201 et seq., New York common law, and various provisions of New York's Labor Law, N.Y. U.S. District Court for the Eastern District of Louisiana case number 2:15-cv-03191-HGB-SS. 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. (This entry constitutes the complete order of the Court. 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. 216(b) (Tift, Scott) (Entered: 01/14/2013), NOTICE by Nicholas Bolletino Notice of Consent of Stanley Leger, LaToya Dates, Daniel Yates, Stephan Pantazelos, Billy Nesbitt, Jr. Kiisha Musgrow, Joshua Stuart, Cynthia Radnovich, Joshua Smiley, and Angela Leon to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. (Entered: 05/30/2013), Unopposed MOTION for Leave to File Excess Pages re Supplemental Motion to Dismiss and Compel Arbitration by Defendants. U.S. Mail Return Receipt- Cellular Sales of Mississippi, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. 218 (emphases omitted). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Carbo, Charles) Modified text on 10/5/2012 (ABF). Further, since the arbitration clause has no explicit temporal limitation, our task is to analyze whether the claims aris[e] out of, or [relate] to Employee's employment with [Cellular Sales], Joint App. This dispute is about events that transpired when the Sales Agreements were in effect, and these contracts have their own dispute resolution mechanism. In the alternative, PlaintiffsAppellees submit that we can affirm based on the alleged unconscionability of certain aspects of the arbitration agreement. 29, 30]. Jan P. HOLICK, Jr., Steven Moffitt, Justin Moffitt, Gurwinder Singh, Jason Mack, Timothy M. Pratt, and William Burrell, on behalf of themselves and all others similarly situated, PlaintiffsAppellees, v. CELLULAR SALES OF NEW YORK, LLC, Cellular Sales of Knoxville, Inc., DefendantsAppellants.1. Read Cellular Sales of Missouri, LLC v. Nat'l Labor Relations Bd., 824 F.3d 772, see flags on bad law, and search Casetext's comprehensive legal database (Attachments: # 1 Text of Proposed Order Proposed Order)(Garrison, David) (Entered: 03/01/2013), NOTICE by Nicholas Bolletino Notice of Consent of Kevin Hodes, Kerry Kovacevic, John Landers, Stacy Sofffas, and Daniel Massaad to Become Party Plaintiffs Pursuant to FLSA Section 16(b) 29 U.S.C. (Doc. 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. at 481 (internal quotation marks omitted). Since our initial opening in East Tennessee, we have added dozens of stores across the country, including a single location in a shopping center and several mall kiosks. 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. (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. (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 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. Cellular Sales of Georgia, LLC served on 3/26/2012. The contracts Pratt signed contain contractual provisions that are identical to the provisions cited in this opinion. Reeses role as a lawyer is to keep the companys interests and reputation in order. Overall, there is little evidence that detox diets help eliminate any of these compounds. Since 2000, 99% of Fortune 500 companies have paid settlements in at least one discrimination or sexual harassment lawsuit, according to a report from Good Jobs First, and that's not including. Plaintiffs shall file their proposed "Amended Collective Action Complaint" in the record on or before February 18, 2013. Cellular Sales of Knoxville, Inc. UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Although Amoco Cadiz arose under different factual circumstances, it demonstrates the absence of a hard and fast rule in the Seventh Circuit prohibiting an arbitration agreement from covering disputes that arose before the agreement was signed. Or text deals to 692355 to get offers, deals and tech tips sent straight to your phone. It has a market capitalization of more than $2 billion and is expected to open a new store every three days in 2019. 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 . (Carbo, Charles) Modified text on 3/12/2013 (AYB). The PB and JAM Foundation also employs him as the foundations director. 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. Cellular Sales was accused of failing to pay overtime wages to plaintiff employees who worked more than 40 hours per week. We have jurisdiction over this interlocutory appeal pursuant to 9 U.S.C. 216(b) (Tift, Scott) (Entered: 02/12/2013), ORDER REFERRING 134 the MOTION to Amend 1 the Complaint to USMJ H. Bruce Guyton. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. This Court reviews de novo the district court's decision to deny a motion to compel arbitration. We DO NOT remove reports. It is critical that consumers are aware of the potential implications of these deals as the wireless industry consolidates. Slawson says he and the other putative class members were non-exempt employees. 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. This is the best way to manage and repair your business reputation. 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. hb```f``g`d``bc@ >#GG3X#8F:0P4`b& 7 @Xa##(` 4 Leverage your professional network, and get hired. Id. The facts are drawn from the district court's memorandum, supplemented as necessary by the record. As of 2019, Cellular Sales had over 850 stores in 41 states. Message frequency varies. 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. $4000 later! All Rights Reserved. The Newsletter Bringing the Legal System to Light. You already receive all suggested Justia Opinion Summary Newsletters. Amelia Ohio, CELLULAR SALES OF NORTH CAROLINA Cancelled order without customer's knowledge Charlotte North Carolina, Cellular Sales of SC ATROCIOUS TREATMENT! Dane and his wife Margaret established Cellular Sales in 1993, and his leadership has resulted in tremendous growth and success since then. 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. De Ruyter New York, Progressive RV insurance Blowing me off. Cellular Sales is an independent company that provides wireless services and products through Verizon Wireless. (AYB) (Entered: 02/13/2013), NOTICE by Nicholas Bolletino Notice of Consent of Donna Johnson, Kristian Hubner, Adam Mersch, Jennifer Leigh Benitz, John Geer, Eric Donahue, Rebecca Donahue, Scottie Brown, Richard Cooledge, Curtis Matthews, Kimberly Henry, Roger Gomez, Patrick Gabbey, Johnnie Dillard, Anthony Captain, Paul L. Smith, Joe Brown, Glen Nottingham, Garry Guilford, Nenita Quintero, Erin Button, Brandy Hook, Lance Yoxtheimer, David Adelman, Darryl Wingo, Wendi Hill, Shantel Hollis, and Ryne Mallery to Become Party Plaintiffs Pursuant to FLSA Section 16, 29 U.S.C. Arguments heard. As newly hired employees of the defendants (one of which was Cellular Sales of Knoxville, Inc.), the Newbanks plaintiffs signed compensation agreements that contained an arbitration clause. Cellular Sales celebrates 30 years in wireless Here's a first look at Apple iPhone 14, iOS 16 Incorporating technology in the classroom and at home Wireless charging vs. wired: what are the benefits? I waited until Sunday, December 6, 2021, to see if the number would change because it appeared that no changes would be made. DuPont de Nemours & Co., 565 F.3d 99, 10102 (2d Cir.2009) (per curiam); see, e.g., AT & T Techs. (ADA) (Entered: 04/25/2012), PLAINTIFFS UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PENDING MOTIONS TO DISMISS by Nicholas Bolletino. 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. Corp., 525 U.S. 70, 78 (1998) (emphasis omitted).
