It was named Verizon Agent of the Year in both 2020 and 2021. Refunds for 300 million phone users sought in lawsuits over location The email address cannot be subscribed. 216(b) (Santillo, R) (Entered: 09/27/2012), NOTICE by Rebecca Chalson of Consent of REBECCA CHALSON to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. ("FLSA"), by failing to pay Chapman overtime compensation, as well . 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. See Mehler v. Terminix Int'l Co., 205 F.3d 44, 4950 (2d Cir.2000) (determining scope of arbitration agreement by the contract's language, the timing of its execution, and the conduct of the parties). 216 (b) (Tift, Scott) (Entered: 01/24/2013), NOTICE by Nicholas Bolletino Notice of Consent of William C. Hanley, Dominic Deschambault, Philip McCready, Scott Stanfield, Tom Cooley, Mark Carter, Joe Schmidt, Jim Naebzadeh, Travis Byrd, Erica Ramirez, Julia Ann Watson, Barry Johnson, Caitlyn McAlpine, Victor Franklin, Vivekanan Manivannan, Matthew Taylor, Anthony Kowalczyk, Robert Crawford, DeRon Davis, John Ames, Anthony Hashem, Leslie Grundy, and Joel Craig Finch to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. Also similar to our case, the execution of the new compensation agreements was the first time the plaintiffs had bound themselves individually in a contract with the defendants. 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). (Carbo, Charles) (Entered: 06/28/2013), Unopposed MOTION for Leave to File Excess Pages 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. For example, in Coenen v. R.W. (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). 216(b) (Santillo, R) (Entered: 12/10/2012), Minute Entry for proceedings held before District Judge Tena Campbell: Status Conference held on 12/10/2012. 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 201et seq. 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. Court took matter under advisement. 216(b) (Tift, Scott) (Entered: 02/13/2013), First AMENDED Collective Action COMPLAINT against All Defendants filed by Nicholas Bolletino. Will be used in accordance with our terms of service & privacy policy. Cellular Sales of Texas, LLC served on 3/26/2012. (AYB) (Entered: 04/18/2013), NOTICE by Jason Haygood of Withdraw (DeRose, Robert) (Entered: 04/03/2013), Joint MOTION for Entry of Scheduling Order by Plaintiffs and Defendants. Cellular Sales was accused of failing to pay overtime wages to plaintiff employees who worked more than 40 hours per week. 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} 5. 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. Smith/Enron, 198 F.3d at 99. The contracts Pratt signed contain contractual provisions that are identical to the provisions cited in this opinion. The United States District Court for the Northern District of New York (Mordue, J.) (Entered: 07/19/2013), PLAINTIFF'S SUR-REPLY in Opposition to Defendants' Supplemental Motion to Dismiss 189 filed by Nicholas Bolletino. (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. 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. 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. (AYB) (Entered: 04/30/2013), Unopposed MOTION for Extension of Time to File , Reurge and/or Supplement its Motions to Dismiss 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. $LMAE4\_@=CMwx=KI"-^\/H('T8%ADR C&vRLJI%J3i6M&{*. Cellular Sales of Texas sues former employee for theft Cellular Sales of New Jersey, LLC served on 3/26/2012. Signed by District Judge Thomas A Varlan on 6/28/12. at 852, 855. The facts provided relate only to Pratt and Burrell because Defendants Cellular Sales and its parent company have appealed the district court's denial of the motion to compel arbitration only as to those Plaintiffs. Signed by District Judge Thomas A Varlan on 7/25/12. Get free summaries of new Second Circuit US Court of Appeals opinions delivered to your inbox! (Attachments: # 1 Other Cert. (Attachments: # 1 Other Cert. The use of the phrase has employed you does not indicate specifically when the employment relationship commenced. 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 . Defendants moved to compel arbitration based on an arbitration clause contained in Plaintiffs' subsequent employment agreements. A total of 89 sales representatives have agreed to sue the company as of this writing. Instead, the correct approach is to assess whether the parties intended for the arbitration clause to cover the present dispute. All rights reserved. DefendantsAppellants Cellular Sales and Cellular Sales of Knoxville, Inc. argue that the denial of their motion to compel arbitration conflicts with longstanding federal precedent under which all doubts as to the intent of the parties and the scope of an arbitration clause must be resolved generously in favor of arbitration.5 Appellants' Br. (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). 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. 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 . All business will get complaints. Finding positive assurance that the parties did not intend for the arbitration agreement to be retroactive, we affirm the district court's denial of the motion to compel arbitration. (Entered: 06/11/2012), ORDER REFERRING MOTION: 49 MOTION to Stay Discovery and Rule 26 Disclosures and Memorandum of Law in Support Thereof filed by defendants is referred to the Honorable H. Bruce Guyton, USMJ.Signed by District Judge Thomas A Varlan on 6/8/12. Hiding negative complaints is only a Band-Aid. (internal quotation marks omitted). 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 South Carolina, LLC served on 3/26/2012. 95-25.1et seq. New Engineer jobs added daily. Defendants now pursue this interlocutory appeal. (Attachments: # 1 Exhibit A, A1, A2, A3, B, # 2 Text of Proposed Order)(McGehee, Daniel) (Entered: 04/16/2012), MOTION to Dismiss and Compel Arbitration, to dismiss Class/Collective Action Allegations or, in the alternative, MOTION to dismiss for failure to state a claim by defendants.
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