Cellular Sales of Knoxville, Inc. v. Chapman - casetext.com 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. (Barrett, George) (Entered: 07/20/2012), REPLY to Response to Motion re 29 MOTION to Dismiss and Compel Arbitration MOTION to CompelMOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PLAINTIFFS SUR-REPLY IN OPPOSITION TO CELLULAR SALES 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 filed by Nicholas Bolletino. You may be eligible for a portion of a $14 million class action settlement -- but you only have until the end of today to file your claim. 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. AT&T's $60 Million Settlement: Time Is Running Out to Claim Money 216(b) (Tift, Scott) (Entered: 01/11/2013), NOTICE by Dezmond T. Alexanders, Jan Anderson, Giuseppe Anile, Gilbert Joseph Bellaran, Nicholas Bolletino, Elvers Brooks, Michael Jonathan Cain, Rebecca Chalson, Nathan Damboise, Torreze Days, William R. Dean, Guerfalone Destinoble, Marc S. Destinoble, Robert Edgar, Rockmeyer Estes, Sandra Fite, Aaron Floyd, Patrick J. The list of best things to do in Auvergne-Rhne-Alpes includes sightseeing, pretty towns, history, and natural wonders! 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. 10. Since the plain language of the Compensation Agreement is ambiguous, we turn to whether parol evidence sheds light on the parties' intent. 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. Founded 2,000 years ago, Lyon's streets are a living museum, with beautiful historical buildings and interesting art galleries and museums. New Engineer jobs added daily. Located in a very diverse region rich in assets, not only geographically (relief, climate), but also economic and human, the Lyon-Grenoble Auvergne-Rhne-Alpes is the latest INRAE centre to be created. 219.6 See Smith/Enron Cogeneration Ltd. P'ship v. Smith Cogeneration Int'l, 198 F.3d 88, 99 (2d Cir.1999). v. StoltNielsen SA, 387 F.3d 163, 172 (2d Cir.2004). a27:;P S;p^4b tX O1s?W^R o_`nA g3a6@A+jbe=cNI*(EMT5)"*ZzqQyP%PSpe[xw?B86Gdesm+xv^&Hb#ud+9@2w=0(;. 216(b) (Santillo, R) (Entered: 10/15/2012), NOTICE by Michael Jonathan Cain of Consent of MICHAEL JONATHAN CAIN to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Copyright 1997-2023 Ripoff Report. Cellular Sales of Ohio, LLC served on 3/27/2012. Signed by District Judge Curtis L Collier on 10/16/2012. (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). See United Steel Workers Local 45025 v. E .I. ^/g1] Khd 216(b) (Tift, Scott) (Entered: 03/18/2013), NOTICE by Nicholas Bolletino Notice of Consent of Reginald Nsonamoah to Become Party Plaintiff Pursuant to FLSA Section 16(b) 29 U.S.C. In this case, the parties agreed in the Compensation Agreement to arbitrate. However, the department is continuing to investigate individual complaints as they are received. 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. 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. Despite the fact that AT&T will benefit financially from the sale, Verizon Wireless customers in California will bear the brunt of it. 219. Getman, Sweeney, and Dunn provide sales representatives, account managers, and other similar positions in the cellular industry. Instead, it is only through parol evidence that we know that the employer-employee relationship commenced when Pratt and Burrell signed the Compensation Agreements. This Court reviews de novo the district court's decision to deny a motion to compel arbitration. Customers will now face increased prices and limited wireless options as a result of the deal, which is sure to offend. Their argument is rooted in a line of Supreme Court cases that relate to arbitration clauses in collective bargaining agreements. No. Joint App. PlaintiffsAppellees Timothy Pratt and William Burrell are two of the named plaintiffs in this putative class action lawsuit against DefendantsAppellants Cellular Sales of New York, LLC (Cellular Sales) and its parent company Cellular Sales of Knoxville, Inc. (Cellular Sales of Knoxville). Cellular Sales of Georgia, LLC served on 3/26/2012. The focal point of this dispute is not related to the Compensation Agreements. 216(b) (Tift, Scott) (Entered: 02/12/2013), ORDER REFERRING 134 the MOTION to Amend 1 the Complaint to USMJ H. Bruce Guyton. Sales reps are paid well and have access to additional benefits and pay in addition to their competitive salaries. PDF For the Middle District of North Carolina Cellular Sales of Knoxville 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. 455(b)(2), The Honorable Thomas A. Varlan, United States District Judge, has recused himself in this cause. This category also includes claims brought by employees against the North Carolina Wage and Hour Act and the Pennsylvania Minimum Wage Act. Cellular Sales was accused of failing to pay overtime wages to plaintiff employees who worked more than 40 hours per week. 216(b) (Tift, Scott) (Entered: 02/01/2013), NOTICE by Nicholas Bolletino Notice of Consent of Leslie Michael Belcher, Blake Cobb, Jack W. Gibson, Jr., Cody Gillaspie, Shanta Sapp, Josh Feagans, Sunni Richardson, Daniel DiFonzo, Aarin Damiano, Christ D. Brown, Merrick Kelly, Joseph Hufstetler, Daniel Ewell, Andrea Williams, Rodney Williams, Jr., Robert Taylor, Jr., Emmanuel Bart Williams, Dustin Amos, Danny Skinner, Kristina White, Arnold J. 218 (emphases omitted). Today Is the Last Day to Claim Money From AT&T's $14 Million - CNET (ABF) (Entered: 06/13/2012), MOTION for Hearing on Pending Motions to Dismiss by Nicholas Bolletino. at 852. Cellular Sales of Kentucky, LLC served on 3/26/2012. All courthouse personnel, judges, and law enforcement have been made . 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 216(b) (Tift, Scott) (Entered: 01/22/2013), NOTICE by Nicholas Bolletino Notice of Consent of George Tucker, Benjamin Aguilar, Claude Edward Bryant, Jr., Jeffrey Newbanks, Wael Dial, Todd Harner, Aldo Rodriguez, Robert Rigo, Franklin Alvarez, Taryn Allen, Sharon Barnes, and Wayne Rock to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. 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. 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. AT&T has agreed to a $12 million settlement in a class-action lawsuit over its throttling of "unlimited" mobile data plans. (Attachments: # 1 Other Cert. (ABF) (Entered: 10/09/2012), NOTICE by Dezmond T. Alexanders of Consent of DEZMOND T. ALEXANDERS to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 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. 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. The Verizon Bait and Switch Class Action Lawsuit is Wise, et al. Who's crazy enough to start this website? 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. Cellular Sales operates 745 retail locations across 42 states in the United States. 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. (LWM) (Entered: 07/08/2013), ORDER granting 199 Motion for Leave to File Excess Pages, based upon parties' agreement and for good cause shown. 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). 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 Will be used in accordance with our terms of service & privacy policy. 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 . It is axiomatic that [w]hether enforcing an agreement to arbitrate or construing an arbitration clause, courts and arbitrators must give effect to the contractual rights and expectations of the parties. Cellular Sales 1138 NE DOUGLAS STREET, LEE SUMMIT, MO 64086 Internet United States of America Phone: Web: www.cellularsales.com Category: Cellular Phone Companies Cellular Sales CSOKI EMPLOYEE AND CUSTOMER EXPLOITATION , Internet *General Comment: Fraud Waste of Time Company!!!! 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. Cellular Sales of Mississippi, LLC served on 3/26/2012. 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 Knoxville, Inc. served on 3/26/2012. Signed by Magistrate Judge H Bruce Guyton on April 17, 2013. Sold me a $100 lifeproof case and ovecharged phone. Because thousands of other customers also were charged full tax for devices they received at a discounted price,. According to Verizon Agent Ahmed, the first payment for the month of January 2022 would be less than $200. The main complaint is that the service is not as good as advertised, and that it is difficult to get ahold of customer service. Foster, Chris Gordon, Todd A. Harner, Stephen M. Hill, Bobby Hollingsworth, LeMan E. Johnson, LeRon Johnson, Kristen N. Kessell, Jennifer Kiefer, Lester Levine, William Love, III, Kelly Lucky, Terrence Mack, Joshua S. Maleeff, Sarah L. Mason, Timothy McLaney, Daniel Prinzo, Lindsey C. Pursley, Lydia Shows, Kianas Smalls, Shawn Stanton, Jennifer Temple, John T Walker, Sr Notice of Filing Notices of Consent (Attachments: # 1 Exhibit Consent Forms)(Tift, Scott) (Entered: 01/10/2013), ORDER granting 113 Attorney Charles J. Muller III's Motion for Leave to Appear, NOTICE by Gilbert Joseph Bellaran of Consent of GILBERT JOSEPH BELLARAN to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Law 190 et seq., 650 et seq. (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. 216(b) (Santillo, R) (Entered: 10/02/2012), NOTICE by Jennifer Temple of Consent of JENNIFER TEMPLE to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Winebrake, Peter) (Entered: 08/16/2012), RESPONSE re 62 Notice (Other), filed by Nicholas Bolletino to Clarify his Position Regarding Discovery. Our conclusion is confirmed by our examination of the allegations in the complaint. HELP for help. (Carbo, Charles) Modified text on 3/12/2013 (AYB). (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. 3:12-cv-00138 in the Tennessee Eastern District Court. 2. You can explore additional available newsletters here. 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. Protected by Google ReCAPTCHA. Who is ED Magedson - Founder, Ripoff Report. 201et seq. (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. All Rights Reserved. Signed by District Judge Thomas A Varlan on 4/25/12. Cellular Sales is in the business of selling Verizon Wireless cellular service plans and merchandise. 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. (adsbygoogle = window.adsbygoogle || []).push({}); Non-Government Works Copyright 2001-2023 Think Computer Corporation. Sign up or sign in to contribute one. We go the extra mile, always. (Doc. 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. For example, in Coenen v. R.W. Cellular Sales of New York, LLC served on 3/27/2012. (Hyatt, Seth) (Entered: 06/13/2013), AFFIDAVIT re 191 Response in Opposition to Motion, DECLARATION OF AMANDA BAILEY by Nicholas Bolletino. (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. 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. 216(b) (Tift, Scott) (Entered: 01/24/2013), NOTICE by Nicholas Bolletino Notice of Consent of Laura Dunham, David Bowling, Christopher Horton, Moedjio, Chris Jancich, Ali Kolar, Ernesto Lopez, Michele Johnson, Malinda Schippers, Jefferson Ryan May, Lee Fjord, Patrick Lynch, Frank Watts, Rob McDougle, Kelly McDougle, Robert Brandon Brooks, Christopher Ginage, Clara Sowers, Didema Dagenhart, Luis Fuentes, Jasen Drum, Charles Jones, Shantae Collins, J. Brooke Gossett, Robert Tomussini, and Garmon A. Moore to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. To support their argument that the Compensation Agreement's arbitration clause applies only prospectively, Pratt and Burrell rely heavily on an unpublished opinion in which the Fourth Circuit interpreted an arbitration agreement in a context quite similar to this case.