The suit states Slawson and all current and former employees who worked for Cellular Sales from three years prior to the filing to the present were classified as salaried employees until March, when the defendant switched their status to hourly. To request information suppression, updates, or additions, contact us about this docket. Copyright 2023, Thomson Reuters. A total of 89 sales representatives have agreed to sue the company as of this writing. Brett majored in biology at the University of Tennessee-Knoxville. It is ORDERED that the hearing on defendants' motions to dismiss and to compel arbitration 29 30 , presently set for 7/18/12 is CANCELED and RESCHEDULED for 10/9/12 at 2:00 p.m. (Attachments: # 1 Other Certified U.S. Mail Receipt- Cellular Sales of New York, LLC)(Garrison, David) (Entered: 04/23/2012), MOTION to Dismiss for Lack of Jurisdiction 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 Louisiana, LLC, Cellular Sales of Maryland, LLC, Cellular Sales of Mississippi, LLC, Cellular Sales of Missouri, 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 South Carolina, LLC, Cellular Sales of Texas, LLC. We go the extra mile, always. denied the motion to compel arbitration, finding that another contract that was in effect during the time when Plaintiffs' claims arose supported a finding of non-arbitrability. 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. 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. It was named Verizon Agent of the Year in both 2020 and 2021. Grenoble in Isre (Auvergne-Rhne-Alpes) with it's 158,552 habitants is a town located in France about 300 mi (or 483 km) south-east of Paris, the country's capital town. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Consumers love to do business with someone that can admit mistakes and state how they made improvements. ("NCWHA"), by failing to pay him earned wages. 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. 216(b) (Tift, Scott) (Entered: 02/05/2013), NOTICE by Nicholas Bolletino Notice of Consent of Leighton P. Smith, Steven Blankman, Rachel Myott, and Andre Porterfield to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. You already receive all suggested Justia Opinion Summary Newsletters. cellular+sales+of+knoxville+inc | US Decisions | Law | CaseMine still nothing. (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. (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. (c/m)(ABF) (Entered: 05/15/2012), RESPONSE in Opposition re 30 MOTION to Dismiss for Lack of Jurisdiction filed by Nicholas Bolletino. According to the complaint, Cellular Sales is an authorized retailer of Verizon wireless products operating more than 600 stores across 28 states including Louisiana. I have a loan for a $30,000 car, yet I have no car, "I have been completely ripped off." (Attachments: # 1 Other Cert. (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). In a prior order, this court denied Chapman's motion to stay . (Attachments: # 1 Text of Proposed Order Proposed Order)(Garrison, David) (Entered: 03/01/2013), NOTICE by Nicholas Bolletino Notice of Consent of Kevin Hodes, Kerry Kovacevic, John Landers, Stacy Sofffas, and Daniel Massaad to Become Party Plaintiffs Pursuant to FLSA Section 16(b) 29 U.S.C. 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. Signed by District Judge Thomas A Varlan on 6/28/12. PlaintiffsAppellees contend that a recent Second Circuit decision, Lloyd v. J.P. Morgan Chase & Co., 791 F.3d 265, 26970 (2d Cir.2015), undermines prior cases in which this Court has required positive assurance to rebut the presumption of arbitrability. PDF United States Court of Appeals No one has written a summary of this case yet. The Newsletter Bringing the Legal System to Light. 216(b) (Santillo, R) (Entered: 09/14/2012), NOTICE by Stephen M. Hill of Consent of STEPHEN M. HILL to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) (Entered: 10/04/2012), SUPPLEMENT to 29 MOTION to Dismiss and 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. In the Sales Agreements, DefendantsAppellants agreed with the Sales Companies that Pratt and Burrell were not employees of Cellular Sales. 216(b) (Tift, Scott) (Entered: 02/18/2013), NOTICE by Nicholas Bolletino Notice of Filing of Consent of Matthew P. Bell, Jesus Casarez, Angela A. Cirignano, Stephen Dean, Matt Haverty, John B. Henderson, Emmalee Ilar, Neal Jean-Pierre, Jessica Montoya, Devin Pelkey, Scott Renshaw, Justin Renzenbrink, Melissa Anderson Ventii, Aimee Villavicencio, George Wallace, John A. Yanchunis to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. 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: 03/04/2013), ORDER granting 171 Motion. Why you can't sue your wireless carrier in a class action (Carbo, Charles) Modified text on 3/12/2013 (AYB). Get free summaries of new Second Circuit US Court of Appeals opinions delivered to your inbox! We carry the best phones, tablets, smartwatches, and accessories from around the world. He is represented by attorney Alan Kansas of The Law Office of Alan Kansas in Terrytown. (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. The contracts Pratt signed contain contractual provisions that are identical to the provisions cited in this opinion. 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. Protected by Google ReCAPTCHA. 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. 216(b) (Tift, Scott) (Entered: 01/16/2013), NOTICE by Nicholas Bolletino Notice of Consent of Darrell Stafford and Jason Johnson to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. Co., 869 F.2d 96, 100 (2d Cir.1989). PlaintiffsAppellees Pratt and Burrell respond that this Court need not reach DefendantsAppellants' argument because the Compensation Agreement is unambiguous. We deliver outstanding experiences, with thoughtful and valuable insight from our wireless sales consultants. U.S. Mail Return Receipt- Cellular Sales of South Carolina, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. 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. (Entered: 07/19/2013), PLAINTIFF'S SUR-REPLY in Opposition to Defendants' Supplemental Motion to Dismiss 189 filed by Nicholas Bolletino. HOLICK v. CELLULAR SALES OF NEW YORK LLC | FindLaw Ripoff Report | Cellular Sales Review - Internet, Internet Based on the contract's plain language, the Newbanks court determined that th[e] arbitration requirement only applies to causes of action accruing from the execution of the [c]ompensation [a]greements and onward. Id. Immersive listening wherever you go with Beats Studio Buds true wireless noise cancelling earphones. Signed by District Judge Thomas A Varlan on 6/13/12. Cellular Sales of Maryland, LLC served on 3/27/2012.
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