endstream endobj 57 0 obj <> endobj 58 0 obj <> endobj 59 0 obj <>stream 216(b) (Tift, Scott) (Entered: 01/29/2013), NOTICE by Nicholas Bolletino Notice of Consent of Andrew Zatman, Sharon Longstreth, Lisa Ogden, Robin Roberts, Bryen Alexander, and David Young to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. Sold me a $100 lifeproof case and ovecharged phone. It is axiomatic that [w]hether enforcing an agreement to arbitrate or construing an arbitration clause, courts and arbitrators must give effect to the contractual rights and expectations of the parties. Our resolution of the arbitrability issue in PlaintiffsAppellees' favor makes it unnecessary for us to evaluate the merits of their unconscionability arguments in the first instance. Plaintiff's attorney: R. Andrew Santillo. (Entered: 06/13/2013), ORDER granting 188 Motion for Leave to File Excess Pages. (Garrison, David) (Entered: 08/17/2013), NOTICE of Hearing on Motion 189 MOTION to Dismiss MOTION to Compel : Motion Hearing set for 9/9/2013 at 11:00 AM in Courtroom 1A - Knoxville before District Judge Tena Campbell. 216(b) (Santillo, R) (Entered: 09/27/2012), NOTICE by Todd A. Harner of Consent of TODD A. HARNER to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. It is a fundamental principle of contract interpretation that, in the absence of ambiguity, the intent of the parties must be determined from their final writing and no parol evidence or extrinsic evidence is admissible. Int'l Klafter Co. v. Cont'l Cas. (Attachments: # 1 Other Certified U.S. Mail Receipt- Cellular Sales of New Jersey, LLC)(Garrison, David) (Entered: 03/29/2012), SUMMONS Returned Executed by Nicholas Bolletino. 8IjKmi1F*"z (fy=#"_]qg%z>Sx}wC&]cp3']0M5KOW}Y(_`o-5m^uO1P}Q$ 1G 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. 23536. He is represented by attorney Alan Kansas of The Law Office of Alan Kansas in Terrytown. Message frequency varies. As usual, refunds to individual customers amount to a fraction of . hTmO0+84I UjM*IYHiR%FE'wwsH$IkHx[D$I8R~IO "NbFbshg)CLY`( #s;rFeL {L2A\O[qzb43v%C#)Z$_VhS%RC|#!g4nVyiM.Q y~7yYGOUXHSM_mj^^jIx7lAe`qyyL3{mS{3FHE*v*) , 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. 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. (Tift, Scott) Modified text on 6/12/2012 (ABF). U.S. Mail Return Receipt- Cellular Sales of Missouri, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. PDF For the Middle District of North Carolina Cellular Sales of Knoxville (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. Ripoff Report | cellular sales complaints, reviews, scams, lawsuits and Because my phone number is out of service, I have been unable to reach it for the fifth day in a row. 21117 (Compensation Agreement). Dane Scism, the CEO of Cellular Sales, travels the country scouting for new Verizon store locations almost every day. 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. 5. Today Is the Last Day to Claim Money From AT&T's $14 Million - CNET 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 Ohio, LLC)(Garrison, David) (Entered: 03/30/2012), SUMMONS Returned Executed by Nicholas Bolletino. 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. The list of best things to do in Auvergne-Rhne-Alpes includes sightseeing, pretty towns, history, and natural wonders! Cellular Sales of Tennessee, LLC served on 3/26/2012. 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. (Entered: 04/16/2012), ORDER granting 22 , 23 , 24 , 25 , 26 , and 27 Motions for Leave to Appear, MOTION for Leave for Robert DeRose to Appear, SUMMONS Returned Executed by Nicholas Bolletino. 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. 233. Under PlaintiffsAppellees' view, the plain language of the contract reveals that the parties did not intend the arbitration clause to have a retroactive scope because PlaintiffsAppellees' employment started the day the Compensation Agreements were signed. 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). You can also request a claim form or ask questions by calling 877-654-1982 or emailing info@ATTDataThrottling.com. Mediation has been agreed upon as a result of this case. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(Barrett, George) (Entered: 05/14/2012), RESPONSE in Opposition re 29 MOTION to Dismiss and Compel Arbitration MOTION to CompelMOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nicholas Bolletino. 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. Company website run by crooks outside USA pretending to be in USA to get USA money taking your hard-earned dollars funneling it to the country of Peru, Shohrab Chowdhury Shorab, Mohammed Shohrab, Shohrab Bengali Heed this warning about Shohrab Chowdhury. 7. Id. strict standards for business conduct. Sign up or sign in to contribute one. Company has employed you (Employee) to sell the Products. Some customers have complained of being charged for services they did not receive, while others have been overcharged for services they did receive. qBpC'UBV*E B o/o? Text STOP to unsubscribe. 216(b) (Tift, Scott) (Entered: 02/13/2013), First AMENDED Collective Action COMPLAINT against All Defendants filed by Nicholas Bolletino. We carry the best phones, tablets, smartwatches, and accessories from around the world. 216(b) (Tift, Scott) (Entered: 01/30/2013), NOTICE by Nicholas Bolletino Notice of Consent of Joshua M. Broeker, Michael Mulligan, and Scott Kear to Become Party Plaintiffs Pursuant to FLSA 16(b), 29 U.S.C. 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. Cellular Sales of Kentucky, LLC served on 3/26/2012. 71 0 obj <>stream 216(b) (Santillo, R) (Entered: 09/19/2012), NOTICE by Sarah L. Mason of Consent of SARAH L. MASON to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. This Court reviews de novo the district court's decision to deny a motion to compel arbitration. (Attachments: # 1 Text of Proposed Order)(Carbo, Charles) (Entered: 06/06/2012), REPORT of Rule 26(f) Planning Meeting. In the alternative, PlaintiffsAppellees submit that we can affirm based on the alleged unconscionability of certain aspects of the arbitration agreement. (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 facts are drawn from the district court's memorandum, supplemented as necessary by the record. De Ruyter New York, Progressive RV insurance Blowing me off. (Attachments: # 1 Text of Proposed Order)(Carbo, Charles) (Entered: 04/29/2013), SCHEDULING ORDER. The use of the phrase has employed you does not indicate specifically when the employment relationship commenced. Message frequency varies. (Entered: 05/30/2013), Unopposed MOTION for Leave to File Excess Pages re Supplemental Motion to Dismiss and Compel Arbitration by Defendants. Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported. Cellular Sales filed a motion for leave to perfect service (Doc. Reese Thomas has 20 years of experience in both business and legal matters. 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. The district court correctly determined that the arbitration clause at issue here is broad because it applies to [a]ll claims, disputes, or controversies arising out of, or in relation to this document or Employee's employment with [Cellular Sales], Joint App. Estimated amount consumers saved since 1997: $15,590,010,907. (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. Id. Lyon is France's third-largest city and a major tourist destination. We interpret a contract to give full meaning and effect to all of its provisions. LaSalle Bank Nat'l Ass'n v. Nomura Asset Capital Corp., 424 F.3d 195, 206 (2d Cir.2005) (internal quotation marks omitted). Defendants attorneys: C. Larry Carbo and Ryan Cantrell. A class action lawsuit has been filed against Cellular Sales, alleging that the company violated the Fair Labor Standards Act (FLSA) by failing to pay its sales employees overtime wages. Pollutro, Bernard Vs Cellular Sales of Knoxville In On or about January 1, 2012, both Pratt and Burrell signed Compensation Agreements with Cellular Sales that, in contrast with the prior Sales Agreements, contained an arbitration clause. 216(b) (Tift, Scott) (Entered: 02/18/2013), NOTICE by Nicholas Bolletino Notice of Filing Consent of Claude E. Bryant, Jr., Christopher Burns, Nelson Colon, Andrew France, Sylvester G. Harris, II, Jason Haygood, Michael A. Huser, Jr., Stephen J. Kendricks, Kevin Kuryliw, Gregory Lee, Ronnie Eugene Lee, Jr., Victoria R. Lee, Wesley Martin, Trung Nguyen, Larry James Russell, Jr., Julia J. Sayres, Allison Scavone, Martin Schack, Lindsey Smith, Marissa A. Weast, Sang Yi to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. (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. 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. 216(b) (Tift, Scott) (Entered: 02/26/2013), NOTICE by Nicholas Bolletino of Consent of Joseph Bryant, Saied Reza Alvarian-Kashan, Graciela Bushong, Tuesday G. Ferguson, April M. Brown, William S. Yates, Steven Rodriguez, Brenna Gibbons, Chris W. Worley, Tammy E. Tompa, Scott Soares, John A. Yanchunis, Anna Portman, Ben Serrin and Brian E. Wilson to Become Party Plaintiffs Pursuant to FLSA Section 16(b) 29 U.S.C. at 1212.12 Unfortunately for the DefendantsAppellants, though, Coenen and cases like it are simply not on point. 216(b) (Tift, Scott) (Entered: 01/18/2013), NOTICE by Nicholas Bolletino Notice of Consent of Devin DeLucia, James Harvey, and Stephen Orenstein to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. 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.

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