According to the lawsuit, Cellular Sales failed to pay employees for overtime hours at the rate of time-and-a-half of the federal minimum wage. (Entered: 02/13/2013), ORDER granting 134 Plaintiffs' Motion to Amend. A total of 89 sales representatives have agreed to sue the company as of this writing. Their product sucks. For convenience, we cite to the contracts Burrell signed. We carry the best phones, tablets, smartwatches, and accessories from around the world. We find PlaintiffsAppellees' argument unpersuasive for two reasons. Signed by Magistrate Judge H. Bruce Guyton on 07/08/13. DefendantsAppellants have not persuaded us that the forceful evidence requirement should be extended to the contract presently before us. 1 . The parties shall join in a single call and then call into the courtroom at 801-524-6509. File your review. 3. 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. (KAW) (Entered: 07/10/2013), ORDER granting 202 Motion for Leave to File Document, based upon the parties' agreement and for good cause shown. 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. 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. 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. 219. Signed by District Judge Tena Campbell on 03/04/2013. Verizon Cellular Sales is a leading provider of products and services that can be found in a variety of Verizon locations. (ABF) (Entered: 06/13/2012), MOTION for Hearing on Pending Motions to Dismiss by Nicholas Bolletino. 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. (Hyatt, Seth) (Entered: 06/13/2013), RESPONSE in Opposition to 189 SUPPLEMENTAL Motion to Dismiss and Motion to Compel Arbitration filed by Nicholas Bolletino. As of 2019, Cellular Sales had over 850 stores in 41 states. (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. 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. U.S. District Court for the Eastern District of Louisiana case number 2:15-cv-03191-HGB-SS. (Entered: 04/25/2012), SUMMONS Returned Executed by Nicholas Bolletino. 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! The complaint's factual allegations include the manner in which Pratt and Burrell worked for DefendantsAppellants and how DefendantsAppellants exercised control over that work. The plaintiff alleges that prior to March, no system existed for employees to log their hours accurately and the defendant willfully and intentionally denied them the legal pay rate. Our resolution of the arbitrability issue in PlaintiffsAppellees' favor makes it unnecessary for us to evaluate the merits of their unconscionability arguments in the first instance. 201et seq. Because thousands of other customers also were charged full tax for devices they received at a discounted price,. 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. (Attachments: # 1 Text of Proposed Order) (Carbo, Charles) Modified text on 3/25/2013 (AYB). 216(b) (Santillo, R) (Entered: 01/07/2013), MOTION to Withdraw as Co-Counsel by Nicholas Bolletino. Plaintiffs further allege NYLL violations related to Defendants': endstream endobj startxref 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. 2. 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. A hearing on defendants' motions to dismiss and to compel arbitration is scheduled for 7/18/12 at 2:00 p.m. This case was filed in Sumter County Florida Courts, Sumter County Courthouse located in Sumter, Florida. learn more Unlimited is going Ultra 5G Ultra Wideband is now in more places. Cellular Sales celebrates 30 years in wireless, Heres a first look at Apple iPhone 14, iOS 16, Incorporating technology in the classroom and at home. For more results perform a general search for "cellular sales". (DeRose, Robert) (Entered: 06/01/2012), REPLY to Response to Motion re 30 MOTION to Dismiss for Lack of Jurisdiction 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. Signed by Magistrate Judge H Bruce Guyton on August 9, 2012. (ADA) (Entered: 04/25/2012), PLAINTIFFS UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PENDING MOTIONS TO DISMISS by Nicholas Bolletino. David L. Threlkeld & Co. v. Metallgesellschaft, Ltd., 923 F.2d 245, 248 (2d Cir.1991). 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. Law 190 et seq., 650 et seq. For example, in Coenen v. R.W. You can explore additional available newsletters here. 216(b) (Santillo, R) Modified text on 9/13/2012 (ABF). Smith/Enron, 198 F.3d at 99. 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. $4000 later! For the reasons stated below, the judgment of the district court is AFFIRMED. 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. Brett majored in biology at the University of Tennessee-Knoxville. Final Pretrial Conference set for 5/1/2013 03:00 PM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan.Signed by District Judge Thomas A Varlan on 5/15/12. New Engineer jobs added daily. The top reps can make $8,000-10,000. at 121112 (alteration in original). $LMAE4\_@=CMwx=KI"-^\/H('T8%ADR C&vRLJI%J3i6M&{*. Three of Cellular Sales's exhibits admitted at trial were invoices and checks showing it paid three vendors a total of $30,242: $24,500 to Fleetwood Commercial Concrete for installing ramps at the back and front of the store, $4,782 to Ace Decor & Finishes, Inc. for fabricating and painting handicap railings, and $960 to Magnum Power Wash LLC for (Attachments: # 1 Other Cert. 216(b) (Tift, Scott) (Entered: 02/21/2013), NOTICE by Nicholas Bolletino Notice of Consent of David Seaman, Jeff Gembitsky, Douglas Frizzell, Jimmie Wittiemere Jr., Todd Jasper, Brian Foy, Isaac Roberts, Dexter Rutledge, and David Nickerson to Become Party Plaintiffs Pursuant to FLSA Section 16(b) 29 U.S.C. 8. (Entered: 07/19/2013), PLAINTIFF'S SUR-REPLY in Opposition to Defendants' Supplemental Motion to Dismiss 189 filed by Nicholas Bolletino. 216(b) (Tift, Scott) (Entered: 01/16/2013), NOTICE by Nicholas Bolletino Notice of Consent of Patricia Knowles, Craig Schield, Kevin Zornes, Ronald Allee, Nate Schuckers, Nathan Damboise, Nathan McCorkle, Amanda Jenkins, Brian Anderson, Ronald Rodriguez, Beth Messenger, Christopher Hill, Frederick Stanley, Shaunta Smith, Tim Kellogg, and Scott Christensen 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. (Attachments: # 1 Exhibit Letter dated 7.5.13, # 2 Exhibit Unpublished W.D. These factual allegations do not touch matters covered by the arbitration clause because they do not evince the parties' intent to enter into an employment relationship. He misrepresents skills, says he is in US, but is in other countries, opens backdoors in software, Victoria Pressly AKA Victoria Talbot? Company has employed you ("Employee") to sell the Products. The four major US wireless carriers are facing proposed class-action lawsuits accusing them of violating federal law by selling their customers' real-time location data to third parties. 216(b) (Santillo, R) (Entered: 10/10/2012), ORDER OF RECUSAL. 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. (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. 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. Corporate Advocacy Business Remediation and Customer Satisfaction Program. at 852. Who is ED Magedson - Founder, Ripoff Report. Cellular Sales is an independent company that provides wireless services and products through Verizon Wireless. 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. You already receive all suggested Justia Opinion Summary Newsletters. 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. 216(b) (Tift, Scott) (Entered: 02/15/2013), NOTICE by Nicholas Bolletino Notice of Filing Consent of Samuel Jason Sigmon, Jordan Michael, Torreze Days, Hollie Vickers, Daphne Keith, Derek Collins, Andrew Michener, Gregg Robertson, Kimberly Cifarelli, Peter Cifarelli, Jason Black, and Andre Moore to Become Party Plaintiffs Pursuant to FLSA Section 16, 29 U.S.C. Signed by District Judge Thomas A Varlan on 7/25/12. Defendants attorneys: C. Larry Carbo and Ryan Cantrell. (Attachments: # 1 Other Certified U.S. Mail Receipt- Cellular Sales of Delaware, LLC)(Garrison, David) (Entered: 04/03/2012), Notice of Filing Notice of Consent to become party plaintiff by Nicholas Bolletino (Attachments: # 1 Exhibit A - Signed Consent Form)(Garrison, David) Modified text on 4/4/2012 (ADA). 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. Copyright 1997-2023 Ripoff Report. 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. 16(a)(1)(C). (Attachments: # 1 Other Cert. 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. Austin Texas, AMC LLC PROPERTY MANAGEMENT MATT GOELZE IS A LIAR AND A THIEF REFUSING TO GIVE ME BACK MY RENTAL DEPOSIT Salt Lake City Utah, Tactical USA login.tacticalusa.com Failed to deliver on all promised goods and services Boston MA, Priority Wrecker Service BEWARE OF CASH ONLY SCAMMING TOWING COMPANY, THEY CHARGE $75 PER MILE AND THEY TAKE CASH ONLY THE OWNER IS A CONVICTED FELON WHO HAS multiple arrest Batavia Illinois. (Carbo, Charles) Modified text on 3/12/2013 (AYB). (Carbo, Charles) (Entered: 01/02/2014), Unopposed MOTION Approval of FLSA Settlement by Nicholas Bolletino. (Attachments: # 1 Other Certified U.S. Mail Receipt- Cellular Sales of Northern Florida, LLC)(Garrison, David) (Entered: 03/30/2012), SUMMONS Returned Executed by Nicholas Bolletino. All courthouse personnel, judges, and law enforcement have been made . 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. The chain began as a single location in Knoxville, Tennessee and has since grown to nearly 800 locations in 40 states and over 7,000 team members. (Entered: 07/12/2013), SCHEDULING ORDERSigned by Magistrate Judge H Bruce Guyton on 07/09/2013. (internal quotation marks omitted).9. (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. Mediation has been agreed upon as a result of this case. still nothing. Getman, Sweeney, and Dunn provide sales representatives, account managers, and other similar positions in the cellular industry. at 270. 1-3 96-99, 103-105.) (LWM) (Entered: 07/08/2013), NOTICE 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 203 Notice (Other),,, (Corrected) (Attachments: # 1 Exhibit E)(Carbo, Charles) (Entered: 07/08/2013), NOTICE OF SUPPLEMENTAL AUTHORITY 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 in Support of 189 MOTION to Dismiss (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Carbo, Charles) Modified text on 7/5/2013 (AYB).
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