(Attachments: # 1 Text of Proposed Order)(Carbo, Charles) (Entered: 04/29/2013), SCHEDULING ORDER. U.S. District Court for the Eastern District of Louisiana case number 2:15-cv-03191-HGB-SS. 216(b) (Santillo, R) (Entered: 10/22/2012), ORDER REASSIGNING CASE: Pursuant to 28 U.S.C. Signed by District Judge Thomas A Varlan on 4/25/12. (KAW) (Entered: 07/10/2013), ORDER granting 202 Motion for Leave to File Document, based upon the parties' agreement and for good cause shown. Powerful. They will help you out if you need help with anything and everyone is there for you if you need guidance. Sold me a $100 lifeproof case and ovecharged phone. (Tift, Scott) (Entered: 06/20/2012), LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to 53 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 by Nicholas Bolletino, William Love, III filed by Nicholas Bolletino, William Love, III. (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. 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. (Entered: 04/25/2012), SUMMONS Returned Executed by Nicholas Bolletino. In this case, the parties agreed in the Compensation Agreement to arbitrate. We have jurisdiction over this interlocutory appeal pursuant to 9 U.S.C. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. Because thousands of other customers also were charged full tax for devices they received at a discounted price,. You can also request a claim form or ask questions by calling 877-654-1982 or emailing info@ATTDataThrottling.com. See Newbanks v. Cellular Sales of Knoxville, Inc., 548 F. App'x 851(4th Cir.2013). 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. 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. Text STOP to stop. The use of the phrase has employed you does not indicate specifically when the employment relationship commenced. He is a liar and a total joke. (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. 216(b) (Tift, Scott) (Entered: 01/17/2013), NOTICE by Nicholas Bolletino Notice of Consent of Elizabeth Mistarz, James Johnson, Joel Alicea to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. (Hyatt, Seth) (Entered: 06/13/2013), AFFIDAVIT re 191 Response in Opposition to Motion, DECLARATION OF NICHOLAS BOLLETINO by Nicholas Bolletino. In total, 75 Sales Representatives have joined the lawsuit as of January 2019. (Entered: 03/22/2013), NOTICE by Nicholas Bolletino Notice of Consent of Jeanie Waina to Become Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Plaintiffs further allege NYLL violations related to Defendants': Cellular Sales of Northern Florida, LLC served on 3/26/2012. 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 . The facts are drawn from the district court's memorandum, supplemented as necessary by the record. 12. (Entered: 02/13/2013), ORDER granting 134 Plaintiffs' Motion to Amend. (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. 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. (Entered: 03/11/2013), NOTICE by Nicholas Bolletino Notice of Consent of Mary Baker to Become 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 Consent of Kodi Mathis Darbonne, Andrew Dike, and Kestia Sillionnat to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. customer agreement do not call policy privacy policy return policy. All rights reserved. The Defendants are ORDERED to move for the stay of discovery to be lifted within three (3) days of the District Judge issuing a ruling on the Motion to Dismiss, unless the ruling supports dismissing th is case in its entirety. U.S. Mail Return Receipt- Cellular Sales of Mississippi, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. Their argument is rooted in a line of Supreme Court cases that relate to arbitration clauses in collective bargaining agreements. 216(b) (Tift, Scott) (Entered: 02/08/2013), NOTICE by Nicholas Bolletino Notice of Consent of Andrew Yates and Johnny Carter to Become Party Plaintiffs Pursuant to FLSA Section 16(b) 29 U.S.C. It is critical that consumers are aware of the potential implications of these deals as the wireless industry consolidates. (Attachments: # 1 Exhibit A, # 2 Exhibit Case Law) (Carbo, Charles) Modified text on 11/27/2012 (AYB). (Attachments: # 1 Other Cert. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The top reps can make $8,000-10,000. Contact us. 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. (Attachments: # 1 Exhibit A-I, # 2 Exhibit J-O)(Carbo, Charles) (Entered: 06/14/2013), AFFIDAVIT re 191 Response in Opposition to Motion, DECLARATION OF JEANNIFER TEMPLE by Nicholas Bolletino. 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. (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). 216(b) (Winebrake, Peter) (Entered: 08/16/2012), RESPONSE re 62 Notice (Other), filed by Nicholas Bolletino to Clarify his Position Regarding Discovery. Signed by District Judge Thomas A Varlan on 6/13/12. The main complaint is that the service is not as good as advertised, and that it is difficult to get ahold of customer service. learn more Unlimited is going Ultra 5G Ultra Wideband is now in more places. 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. Cellular Sales of New York, LLC served on 3/27/2012. 216(b) (Tift, Scott) (Entered: 03/13/2013), ORDER granting 176 Motion for Extension of Time to File. Serv. 95-25.1et seq. Lied to and deceived by sales agents only interested in the biggest kickbacks they get off a phone you don't want! Wireless charging vs. wired: what are the benefits. $LMAE4\_@=CMwx=KI"-^\/H('T8%ADR C&vRLJI%J3i6M&{*. (Attachments: # 1 Exhibit Letter dated 7.5.13, # 2 Exhibit Unpublished W.D. 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. Although acknowledging that the compensation agreements did not reference the prior sales agreement, the court nevertheless deemed the sales agreement the only relevant document that existed during the time period to which the plaintiffs had confined their claims. by Rachelle | Sep 22, 2022 | Investigations & Crime. 1. 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. 257 (emphasis added). To update this case yourself, sign into PACER (paid PACER subscription required). Signed by District Judge Tena Campbell on 05/31/2013. After DefendantsAppellants affirmatively stated that Pratt and Burrell were not employees for over a year, it rings hollow for them to now argue that the parties intended the word employment in the Compensation Agreements to apply retroactively as to this dispute. (JDH) (Entered: 09/09/2013), ORDER granting 213 Motion to Stay. The owner and operator of Cellular Sales of Knoxville, Inc. No, Verizon does not own Cellular Sales. Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. Cellular Sales of Delaware, LLC served on 3/27/2012. (Doc. PlaintiffsAppellees Timothy Pratt and William Burrell both began their relationship with Cellular Sales in 2010. 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. (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. 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 . endstream endobj 60 0 obj <>stream 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. Reeses role as a lawyer is to keep the companys interests and reputation in order. Rockville MD, Tervana Car collection Bought a caror so I thought. All rights reserved. To assess whether these allegations touch matters covered by the arbitration agreement, DefendantsAppellants would have us look at the complaint's allegation that Pratt and Burrell were in fact DefendantsAppellants' statutory employees prior to executing the Compensation Agreements. 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. (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. (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. (ADA) (Entered: 04/25/2012), PLAINTIFFS UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PENDING MOTIONS TO DISMISS by Nicholas Bolletino. Sign up for our free summaries and get the latest delivered directly to you. (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 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). (Attachments: # 1 Other Unpublished Cases, # 2 Text of Proposed Order)(Carbo, Charles) (Entered: 08/03/2012), Minute Entry for proceedings held before Magistrate Judge H Bruce Guyton: Motion Hearing held on 7/25/2012 re Defendnat's 49 MOTION to Stay Discovery and Rule 26 Disclosures and Memorandum of Law in Support Thereof. 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. All business will get complaints. Company has employed you ("Employee") to sell the Products. Lyon is France's third-largest city and a major tourist destination. 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. Cellular Sales of Kentucky, LLC served on 3/26/2012. Cellular Sales of Maryland, LLC served on 3/27/2012. 1 . U.S. Mail Return Receipt- Cellular Sales of South Carolina, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino.

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