Serv. Verizon Class Action Claims iPhone Promo Scam Although this Court has also required forceful evidence to rebut the presumption of arbitrability in the context of international arbitration agreements, we reasoned that such an approach was correct because [t]he policy in favor of arbitration is even stronger in the context of international business transactions than the typical case. Arguments heard. 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. Stay up-to-date with how the law affects your life. 71 0 obj <>stream (Campbell, Tena) (Entered: 03/04/2013), Joint MOTION Extend Deadline by Nicholas Bolletino, 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. HELP for help. 257 (emphasis added). 216(b) (Santillo, R) (Entered: 09/12/2012), NOTICE by Robert Edgar of Consent of ROBERT EDGAR to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. The 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. (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. (Campbell, Tena) (Entered: 03/13/2013), Joint MOTION for Extension of Time to File Proposed Schedule by the parties. 219. Visit Lyon. ORDERED that the Defendants may filed their Reply to Plaintiff's Response to Defendant's Supplemental Motion to Dismiss and Compel Arbitration with this Court on or before Friday, June 28, 2013.Signed by Magistrate Judge H Bruce Guyton on 06/25/2013. (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. 216(b) (Tift, Scott) (Entered: 03/04/2013), ORDER granting 171 Motion. cellular+sales+of+knoxville+inc | US Decisions | Law | CaseMine 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. 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. The Judges overseeing this case are MILITELLO, PAUL LOUIE, MURPHY, VINCENT and MILITELLO, PAUL. (Garrison, David) (Entered: 06/20/2012), ORDER granting 51 Motion for Hearing. Ripoff Report | cellular sales complaints, reviews, scams, lawsuits and v. StoltNielsen SA, 387 F.3d 163, 172 (2d Cir.2004). Unlike the Fourth Circuit, we are not persuaded that this case begins and ends with the plain language of the Compensation Agreements. Based on the parties' conduct prior to executing the Compensation Agreements, the presumption of arbitrability is overcome because we find positive assurance that the arbitration clause's scopeat least insofar as it concerns the promise to arbitrate matters arising out of, or in relation to Employee's employmentis temporally limited. 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. 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 { You are not currently an employee of Cellular Sales-you are CONTRACTED with Cellular Sales; you are an employee of your own company (LLC or Corp). Joint App. CELLULAR SALES OF KNOXVIL | No. 1:19CV768. | 20200103810 | Leagle.com 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. Thats what sets us apart. still nothing. 216(b) (Tift, Scott) (Entered: 02/04/2013), NOTICE by Nicholas Bolletino Notice of Consent of Jesus A. Ruidiaz to Become Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Sales reps are paid well and have access to additional benefits and pay in addition to their competitive salaries. There is no document attached to this entry.) 10. Sign up for our free summaries and get the latest delivered directly to you. Cellular Sales of Indiana, LLC served on 3/26/2012. Contract law, on the other hand, is an area of law where labels matter. 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. 16(a)(1)(C). Smith/Enron, 198 F.3d at 99. (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). Austin, Cedar Park, Killeen, Georgetown, Taylor, , Texas, Cellular Sales they r a bunch of thieves that steal from there own employees Chambersburg, Pennsylvania, Geeks Ondemand LLC, Lizeth Lagomarcino Papaleo Geeks Ondemand LLC, The Geeks Mob SCAM! Plaintiff shall have up to and including May 14, 2012, in which to respond to defendants' motions to dismiss [Docs. Cellular Sales of Birmingham, LLC served on 3/26/2012. If the lawsuit is successful, the plaintiffs may be awarded back pay, interest, and attorneys fees. r=J^rC2Yd" Holick v. Cellular Sales of New York, LLC, No. 14-4323 (2d Cir. 2015) 216(b) (Tift, Scott) (Entered: 01/23/2013), MOTION to Amend/Revise 1 Complaint,,,,,,, by Nicholas Bolletino. This case was filed in Sumter County Florida Courts, Sumter County Courthouse located in Sumter, Florida. (DeRose, Robert) (Entered: 12/28/2012), NOTICE by LeRon Johnson of Consent of LERON JOHNSON to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Cellular Sales of Tennessee, LLC served on 3/26/2012. Signed by District Judge Tena Campbell on 01/25/2013. All rights reserved. 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. Defendants now pursue this interlocutory appeal. Effective Ways to Save on your Mobile Data, The Law Enforcement Exception To The Use Of Deadly Force, Swearing At Police Officers Is Not Appropriate In Massachusetts, Everything You Need To Know About Car Insurance Companies And Police Reports, The Police In Nigeria Have The Authority To Arrest Without A Warrant Under Certain Circumstances. Discovery in this matter is STAYED pending disposition of the Defendants' Motion to Dismiss, Compel Arbitration, and Dismiss Class Collective Action Allegations Under Rule 12(b)(1) and Sections 3 and 4 of the FAA, or, in the Alternative, Motion to Dismiss Under Rule 12(b)(6) for Failure to State a Claim 29 . at 481 (internal quotation marks omitted). 95-25.1et seq. 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. 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. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. 216(b) (Santillo, R) (Entered: 09/21/2012), NOTICE by Joshua S. Maleeff of Consent of JOSHUA S. MALEEFF to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Signed by Magistrate Judge H Bruce Guyton on August 9, 2012. 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. 216(b) (Santillo, R) (Entered: 11/05/2012), NOTICE by Daniel Prinzo of Consent of DANIEL PRINZO to Become a Party Plaintiff 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. Who is ED Magedson - Founder, Ripoff Report. 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. 56 0 obj <> endobj , 20et seq1 . (Entered: 02/13/2013), ORDER granting 134 Plaintiffs' Motion to Amend. 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. 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. 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. (Attachments: # 1 Other Cert. 219, because DefendantsAppellants have not argued that PlaintiffsAppellees' claims arose out of the Compensation Agreements. at 852. (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. 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. Time in Grenoble is now 07:11 AM (Thursday). 216(b) (Santillo, R) (Entered: 09/06/2012), NOTICE by William R. Dean of Consent of WILLIAM R. DEAN to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 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. Dane and his wife purchased Cellular Sales in 1993 and, under his leadership, have experienced tremendous growth and success. Golf Classic benefiting Mary Bird Perkins Cancer Center in Baton Rouge. Destination Guide: Grenoble (Auvergne-Rhne-Alpes, Isre) in France 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. 6. 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. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C-Part 1, # 4 Exhibit C-Part 2, # 5 Exhibit C-Part 3, # 6 Exhibit C-Part 4, # 7 Exhibit C-Part 5, # 8 Exhibit C-Part 6, # 9 Exhibit C-Part 7, # 10 Exhibit C-Part 8)(Carbo, Charles) Modified text on 5/31/2013 (ABF). (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). Some customers have complained of being charged for services they did not receive, while others have been overcharged for services they did receive. *`%wv.0>#9W(&q'](H[PJQ-+$'$%.kr~HX*=\s,$&r\SB3|X7VV\(D/|U~n3IR7yVqdA_VNITdH5 55hFt;j};" N=09~ e\$:+y7HWpE(I(1I iT4NKDGNu91t5 :D.# ppy/W?/ (Entered: 12/10/2012), NOTICE of Hearing: Telephonic Status Conference set for 12/10/2012 at 04:30 PM (2:30 MST) in Judge Tena Campbell's courtroom. Signed by Magistrate Judge H. Bruce Guyton on 07/08/13. A total of 89 sales representatives have agreed to sue the company as of this writing. 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. Signed by Magistrate Judge H. Bruce Guyton on 07/08/13. Wondering if a report is missing? Represented by Barkan Meizlish Handelman Goodin DeRose Wentz, LLP, Represented by Barrett, Johnston & Parsley, Represented by THE WINEBRAKE LAW FIRM LLC, Represented by Chamberlain, Hrdlicka, White, Williams & Aughtry. The company has been included in Inc. Magazines Inc 5000 list nine times. (Entered: 07/03/2013), PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE SUR-REPLY by Nicholas Bolletino. The email address cannot be subscribed. 216(b) (Santillo, R) (Entered: 12/27/2012), MOTION for Charles J. Muller III to Appear, ORDER that the disputed language shall NOT be included in the proposed notice that is sent to the putative class members. (This entry constitutes the complete order of the Court. Their product sucks. They allege that before the execution of the Compensation Agreements, Cellular Sales misclassified them as independent contractors when they were actually employees (within the meaning of various labor laws) because Cellular Sales controlled their work performance. !wE_?/X}{ {@" 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. (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. (Entered: 07/12/2013), SCHEDULING ORDERSigned by Magistrate Judge H Bruce Guyton on 07/09/2013. In the Sales Agreements, DefendantsAppellants agreed with the Sales Companies that Pratt and Burrell were not employees of Cellular Sales. (Attachments: # 1 Other Cert. (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. Cellular Sales has thrived as a national retailer as a result of Pam Whites financial and strategic direction as CFO. (Attachments: # 1 Text of Proposed Order)(Carbo, Charles) (Entered: 06/28/2013), ORDER granting 197 Agreed Motion for Leave to File a Reply Brief to Plaintiff's Response to Defendant's Supplement to Defendant's Motion to Compel Arbitration. (Campbell, Tena) (Entered: 08/12/2013), SCHEDULING ORDER:Signed by Magistrate Judge H Bruce Guyton on 08/07/2013. Leverage your professional network, and get hired. He misrepresents skills, says he is in US, but is in other countries, opens backdoors in software, Victoria Pressly AKA Victoria Talbot? In a prior order, this court denied Chapman's motion to stay . Id. It has a market capitalization of more than $2 billion and is expected to open a new store every three days in 2019. 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. Please prove that you're human. Dane and his wife Margaret established Cellular Sales in 1993, and his leadership has resulted in tremendous growth and success since then. All Rights Reserved. (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. 216(b) (Santillo, R) (Entered: 11/20/2012), RESPONSE MEMORANDUM IN OPPOSITION TO DEFENDANTS' PROPOSED NOTICE LANGUAGE re 103 CONCERNING AUTHORITY IN SUPPORT OF NOTICE OF COLLECTIVE ACTION LAWSUIT. The Verizon Bait and Switch Class Action Lawsuit is Wise, et al. (Hyatt, Seth) (Entered: 06/13/2013), AFFIDAVIT re 191 Response in Opposition to Motion, DECLARATION OF AMANDA BAILEY by Nicholas Bolletino. $4000 later! 62 0 obj <>/Filter/FlateDecode/ID[]/Index[56 16]/Info 55 0 R/Length 52/Prev 45592/Root 57 0 R/Size 72/Type/XRef/W[1 2 1]>>stream When considering whether claims fall within the scope of an arbitration clause, therefore, we analyze the factual allegations made in the plaintiff's complaint. If the allegations underlying the claims touch matters covered by the parties' agreements, then those claims must be arbitrated, whatever the legal labels attached to them. Id. endstream endobj 61 0 obj <>stream Thus, our discussion focuses on the scope of that agreement. For more results perform a general search for "cellular sales". David L. Threlkeld & Co. v. Metallgesellschaft, Ltd., 923 F.2d 245, 248 (2d Cir.1991). Joint App. (VaQ: 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" Lab. When it comes to our customers, we dont skimp on the details. 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.
