cellular sales lawsuit

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. (ABF) (Entered: 06/08/2012), MOTION to Stay Discovery and Rule 26 Disclosures and Memorandum of Law in Support Thereof 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. Colorado Springs Colorado, Cellular Sales in Brookhaven Ms double charge, rip off and horrible customer service, deceptive, etc brookhaven Mississippi, Techprotect Bright star device protect I have had 750.00 removed from bank account since 2015 for 23.57 didn't realize till august of this year Alpharetta GA, Cellular Sales Verizon Wireless Authorized Retailer - Warren Keays manager Rip off! Because thousands of other customers also were charged full tax for devices they received at a discounted price,. We have jurisdiction over this interlocutory appeal pursuant to 9 U.S.C. The present dispute arose on June 18, 2019, when Chapman allegedly disregarded his arbitration agreement and filed a lawsuit against Cellular Sales in the United States District Court for the Eastern District of Pennsylvania, claiming that Cellular Sales violated the Fair Labor Standards Act and the North Carolina Wage and Hour Act. There is no document attached to this entry.) Or text deals to 692355 to get offers, deals and tech tips sent straight to your phone. 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. Final Pretrial Conference set for 5/1/2013 03:00 PM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan.Signed by District Judge Thomas A Varlan on 5/15/12. (AYB), COMPLAINT against 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 ( Filing fee $ 350 receipt number 0649-1935066. (Entered: 11/16/2012), NOTICE by LeMan E. Johnson of Consent of LEMAN E. JOHNSON to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. We find PlaintiffsAppellees' argument unpersuasive for two reasons. 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. (Attachments: # 1 Exhibit Exhibits A, B, B1, B2, B3, C, # 2 Text of Proposed Order)(McGehee, Daniel). Signed by District Judge Tena Campbell on February 12, 2013. 216(b) (Tift, Scott) (Entered: 01/18/2013), NOTICE by Nicholas Bolletino Notice of Consent of Chris Cuchens, Marcus Lockett, Son Le, Joseph De Stio, Melissa Munson, Lance Fink, Eric Rodriguez, Thomas Dunn, Otis McCall, Gary Gish, Thomas William Sparks, Jr., Barbara Braun, and Ryan Reiter to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. 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 . The deadline to. (Doc. 216(b) (Santillo, R) (Entered: 09/21/2012), NOTICE by Joshua S. Maleeff of Consent of JOSHUA S. MALEEFF to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. DefendantsAppellants also cite Arrigo v. Blue Fish Commodities, 408 F. App'x 480 (2d Cir.2011) (summary order), a case in which we stated that an arbitration clause that applied to all federal and state statutory claims covered employment-based claims that predated the arbitration clause. Co., 869 F.2d 96, 100 (2d Cir.1989). 216(b) (Santillo, R) (Entered: 09/04/2012), NOTICE by Kristen N. Kessell of Consent of KRISTEN N. KESSELL to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. It has a market capitalization of more than $2 billion and is expected to open a new store every three days in 2019. For the reasons stated below, the judgment of the district court is AFFIRMED. Read More Lawsuit & Settlement News: Muscle Milk Class Action Resolved in $12M Deal Chinese Laminate Flooring Class Action Settlement How Do You Prevent Pressure Ulcers? Seasoned/veteran reps can make an average of $4000-6000 maybe 7. The plaintiff alleges that prior to March, no system existed for employees to log their hours accurately and the defendant willfully and intentionally denied them the legal pay rate. (Attachments: # 1 Text of Proposed Order)(Carbo, Charles) (Entered: 06/28/2013), ORDER granting 197 Agreed Motion for Leave to File a Reply Brief to Plaintiff's Response to Defendant's Supplement to Defendant's Motion to Compel Arbitration. 13. (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. 216(b) (Tift, Scott) (Entered: 01/31/2013), NOTICE by Nicholas Bolletino Notice of Consent of Brian Chapman, Paul D'Aquino, Anthony Marco, Hunter Cassada, Kevin Smith, ShaRonda Joseph, Cory Smith, Charles B. Smith, Nicholas Schmidt, Jason McFarland, Richard Toler, James Cate, Derrick Chapman, Samuel Bates, Virginia Reitan, Amy Rains, Daniel Kramer, and Gabriel Larrosa to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. Id. Bundle entertainment packages. (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. 216(b) (Tift, Scott) (Entered: 02/14/2013), NOTICE by Nicholas Bolletino Notice of Consent of Andrew Wheeler, Thomas L. Barnhart II, Steven Wilson, Edgar Felce, Monica Hatch, and Jessie Poole to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. Signed by District Judge Thomas A Varlan on 4/25/12. No calendar events were found for this docket. We conclude that Arrigo is distinguishable because there was no allegation in that case, as there is here, that the parties' contractual relationship changed in a way that implicated the arbitration clause at the time the contract containing the arbitration agreement was executed. (Attachments: # 1 Other Cert. We are not persuaded by DefendantsAppellants' argument that we must interpret the arbitration agreement here to have an expansive temporal scope simply because this Court has done so in other cases. (Entered: 10/04/2012), NOTICE by Rockmeyer Estes of Consent of ROCKMEYER ESTES to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. (Attachments: # 1 Text of Proposed Order)(Carbo, Charles) (Entered: 06/06/2012), REPORT of Rule 26(f) Planning Meeting. AT&T Mobility, LLC, will pay $60 million to settle litigation with the Federal Trade Commission over allegations that the wireless provider misled millions of its smartphone customers by charging them for "unlimited" data plans while reducing their data speeds.. Missouri Decision)(Hyatt, Seth) Modified text on 7/15/2013 (ADA). Copyright 1997-2023, Ripoff Report. For the foregoing reasons, the judgment of the district court is AFFIRMED. (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. 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. (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. 106. The facts are drawn from the district court's memorandum, supplemented as necessary by the record. 216(b) (Tift, Scott) (Entered: 03/04/2013), ORDER granting 171 Motion. 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. 0 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. Although contractual language referring to the payment of commissions beginning on the third month after commencement of employment and an example concerning January sales commissions might suggest an understanding that the contractual employment relationship began in January 2012, Joint App. However, about a year and a half later, DefendantsAppellants agreed to employ Pratt and Burrell.13 This evolving business relationship is directly relevant to whether the parties intended to have an employment relationship prior to executing the Compensation Agreement. (Hyatt, Seth) (Entered: 06/13/2013), RESPONSE in Opposition to 189 SUPPLEMENTAL Motion to Dismiss and Motion to Compel Arbitration filed by Nicholas Bolletino. 9. [I]n light of the strong federal policy in favor of arbitration, the existence of a broad agreement to arbitrate creates a presumption of arbitrability which is only overcome if it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute. (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. 1 . 216(b) (Tift, Scott) (Entered: 01/28/2013), ORDER granting 115 Motion to Withdraw. For more results perform a general search for "cellular sales". The list of best things to do in Auvergne-Rhne-Alpes includes sightseeing, pretty towns, history, and natural wonders! 21117 (Compensation Agreement). at 1212.12 Unfortunately for the DefendantsAppellants, though, Coenen and cases like it are simply not on point. 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. Message and data rates may apply. As the Supreme Court has noted, arbitrators are in a better position than courts to interpret the terms of a [collective bargaining agreement]. Wright v. Universal Mar. Message frequency varies. I waited until Sunday, December 6, 2021, to see if the number would change because it appeared that no changes would be made. Since our initial opening in East Tennessee, we have added dozens of stores across the country, including a single location in a shopping center and several mall kiosks. They allege that before the execution of the Compensation Agreements, Cellular Sales misclassified them as independent contractors when they were actually employees (within the meaning of various labor laws) because Cellular Sales controlled their work performance. 216(b) (Santillo, R) (Entered: 12/27/2012), MOTION for Charles J. Muller III to Appear, ORDER that the disputed language shall NOT be included in the proposed notice that is sent to the putative class members. Plaintiffs contend that the prior Sales Agreements and the conduct of the parties reveals positive assurance that the parties did not intend for the arbitration agreement to apply to claims that arose during the time period when defendants affirmatively labeled plaintiffs as nonemployees. Mediation has been agreed upon as a result of this case. Unlike the Fourth Circuit, we are not persuaded that this case begins and ends with the plain language of the Compensation Agreements. (Attachments: # 1 Text of Proposed Order)(Carbo, Charles) (Entered: 06/21/2013), Joint MOTION to Amend/Revise Scheduling Order by Andrew Yates, Daniel Yates, William S. Yates, Sang Yi, David Young, Lance Yoxtheimer, Andrew Zatman, Kevin Zornes. (ABF) (Entered: 05/22/2012), Unopposed MOTION for Extension of Time to File Response/Reply to Pending 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. DefendantsAppellants also submit that Pratt and Burrell have not proffered forceful evidence that supports a finding of non-arbitrability. Message and data rates may apply. 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. v. StoltNielsen SA, 387 F.3d 163, 172 (2d Cir.2004). (Attachments: # 1 Other Cert. Id. DefendantsAppellants contend that the arbitration clause here is susceptible of an interpretation that covers the dispute at issue here because Pratt and Burrell allege that they were Cellular Sales employees prior to signing the Compensation Agreements.10 In response, PlaintiffsAppellees contend that the prior Sales Agreements and the conduct of the parties reveals positive assurance that the parties did not intend for the arbitration agreement to apply to claims that arose during the time period when DefendantsAppellants affirmatively labeled PlaintiffsAppellees as non-employees.11. (KAW) (Entered: 08/07/2013), Plaintiffs' RESPONSE to 209 DEFENDANTS' SECOND NOTICE OF SUPPLEMENTAL AUTHORITY (Hyatt, Seth) Modified text on 7/24/2013 (AYB). 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. First, since one panel of this Court [typically] cannot overrule a prior decision of another panel, Gelman v. Ashcroft, 372 F.3d 495, 499 (2d Cir.2004) (internal quotation marks omitted), we are bound by this Circuit's cases that require positive assurance to rebut the presumption of arbitrability. (Doc. Id. Plaintiff's attorney: R. Andrew Santillo. 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. Doubts should be resolved in favor of coverage.7 Id. Wireless charging vs. wired: what are the benefits. 455(b)(2), The Honorable Thomas A. Varlan, United States District Judge, has recused himself in this cause. (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. No one has written a summary of this case yet. 216(b) (Santillo, R) (Entered: 09/12/2012), NOTICE by Robert Edgar of Consent of ROBERT EDGAR to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. The plaintiff claims Workman began to work for the company in late 2012 to sell cellphones and cellphone plans. The first paragraph of the Compensation Agreement provides for an at-will employment relationship, stating that [Cellular Sales] has employed you (Employee) to sell [Verizon Wireless services and related equipment]. Joint App. Text STOP to unsubscribe. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. (Attachments: # 1 Other Cert. 218 (emphases omitted). Signed by District Judge Tena Campbell on 01/25/2013. 1 . 16(a)(1)(C). The Fourth Circuit grounded its analysis in the compensation agreements' first paragraph, which informed the signer that he or she had become an at-will employee of Cellular Sales. Id. Will be used in accordance with our terms of service & privacy policy. 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. Id. 216(b) (Tift, Scott) (Entered: 01/25/2013), NOTICE by Nicholas Bolletino Notice of Consent of Joseph Charles Pavlick, III, William Sizemore, Jeremy Hutchens, Anthony Overpeck, Robert Edgar, W. David McGuffin, Nikolaos Kastanaras, Elizabeth Mistarz, Dylan Gietz, Amanda Bailey, Melissa Nealy, James Maddox, Luis Marrero, Jennifer Hidalgo, Jason Edward Britt, Donna Garcia, Brea Sharron, Ryan Schwartz, Oscar Braun, Mark Lebeda, Micah Wangerin, Justin Lambert, Bryant Lightsey, Josh Mitchell, Gene Patterson, Brian Ferdig Sr., Conway William Brooks III, Jesse Paletta, Trevor Burns, Lee Jones, Jefferson Davis, Robertt Derr, Brandon Tab Neeley, Maury Miller, Marsha Motes, Ricardo Gill, Scott DeSander, Ellie Collins, Timothy Dixon, Bradley White, Jim Tooles, Charles Danyal Williams, Matthew Butler, and Monta Easter to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. Cellular Sales of North Carolina, LLC served on 3/26/2012. Gamble, Josh Tubbs, Stanley Graham, James Haney, David Weber, Wilbert Davis, III, Ashley Carter, Ron Manning, Robert Gerbino, Prince Poitier, Tori Messenger, Joshua Boyd, Christine Nelson Overman, Roderick Lackey, Linda Orozco, Jeffrey Permar, and Ryan Herndon to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. Instead, it is only through parol evidence that we know that the employer-employee relationship commenced when Pratt and Burrell signed the Compensation Agreements. Section 216(b) (Tift, Scott) (Entered: 02/11/2013), NOTICE by Nicholas Bolletino Notice of Consent of Samantha Notarianni to Become Party Plaintiff Pursuant to FLSA Section 16(b) 29 U.S.C. Sign up or sign in to contribute one. Added MOTION to Compel Arbitration on 7/15/2013 (ADA). 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. For example, in Coenen v. R.W. 201 et seq., New York common law, and various provisions of New York's Labor Law, N.Y. Cellular Sales of Kentucky, LLC served on 3/26/2012. (Attachments: # 1 Other Cert. This site is protected by reCAPTCHA and the Google. Cellular Sales of Ohio, LLC served on 3/27/2012. (Attachments: # 1 Other Cert. qBpC'UBV*E B o/o? A Pennsylvania resident is suing his Tennessee-based employer, alleging labor law violations. But they were later charged sales tax on the full price of the phones and service. (Attachments: # 1 Other Cert. 216(b) (Santillo, R) (Entered: 09/19/2012), NOTICE by Nathan Damboise of Consent of NATHAN DAMBOISE to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Defendants shall have until May 30, 2013, to re-urge or supplement their Motions to Dismiss. (Attachments: # 1 Text of Proposed Order)(Carbo, Charles) (Entered: 06/21/2013), SUPPLEMENT to 189 MOTION to Dismiss , Compel Arbitration, and Dismiss Class/Collective Action Allegations Under Rule 12(B)(1) and Sections 3 and 4 of the FAA 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. The lawsuit forced the Army to rethink its acquisition plan, and in March 2018 the service chose both a major defense contractor Raytheon and Palantir to provide new intelligence analysis. U.S. Mail Return Receipt- Cellular Sales of Louisiana, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. strict standards for business conduct. endstream endobj 57 0 obj <> endobj 58 0 obj <> endobj 59 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. Today's top 343 Engineer jobs in Grenoble, Auvergne-Rhne-Alpes, France. U.S. Mail Return Receipt- Cellular Sales of Tennessee, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. (emphases added). Advertisers above have met our 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. 22528 (Sales Agreement); Joint App. 216(b) (Santillo, R) (Entered: 01/07/2013), NOTICE by Kelly Lucky of Consent of KELLY LUCKY 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. Plaintiffs filed a putative class action suit against defendants under state and federal labor laws, alleging that they were unlawfully denied various forms of compensation and benefits because defendants improperly classified them as independent contractors rather than employees. The plaintiff argued that he should not be required to arbitrate because the claim predated the arbitration agreement; this Court disagreed. Protected by Google ReCAPTCHA. Brett majored in biology at the University of Tennessee-Knoxville. Overall, there is little evidence that detox diets help eliminate any of these compounds. 219.6 See Smith/Enron Cogeneration Ltd. P'ship v. Smith Cogeneration Int'l, 198 F.3d 88, 99 (2d Cir.1999). To update this case yourself, sign into PACER (paid PACER subscription required). Lab. 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. (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. It would be inconsistent with the parties' conduct to construe the Compensation Agreement, which referenced employment, to apply to a period when the parties themselves did not contemplate such a relationship. File your review. The parties shall join in a single call and then call into the courtroom at 801-524-6509. 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. 216(b) (Tift, Scott) (Entered: 01/16/2013), NOTICE by Nicholas Bolletino Notice of Consent of Brian Figert, Michael Serlo Mathelier, Rachinda Anfinson, Darla Moses, Tyler Hines, Erin Royal, Stephen Sales, Justin Blankenship, Tonia Sutton, Melissa Williams, Sarah Leith, Tammie Hamilton-Doerhoff, Michael Smith, Francis Landrio, Keegan Sturdivant, Alyson Daddazio, Tara Spoonamore, Justin Simpson, Tim Padgett, Brandy Dean Smith, Marc Coplon, Ray Waclawsky, Cody Lantz, Jodi DeQuiros, and Kevin Campbell to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. (Entered: 09/11/2012), NOTICE by Bobby Hollingsworth of Consent of BOBBY HOLLINGSWORTH to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 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. Cellular Sales of Northern Florida, LLC served on 3/26/2012. All Rights Reserved. (Attachments: # 1 Text of Proposed Order)(Carbo, Charles) (Entered: 05/18/2012), NOTICE of Appearance by Charles Larry Carbo, III on behalf of 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 (Carbo, Charles) (Entered: 05/18/2012), SCHEDULING ORDER: Jury Trial set for 5/13/2013 09:00 AM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. Estimated amount consumers saved since 1997: $15,590,010,907. 216(b) (Santillo, R) (Entered: 09/06/2012), NOTICE by William R. Dean of Consent of WILLIAM R. DEAN to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. David L. Threlkeld & Co. v. Metallgesellschaft, Ltd., 923 F.2d 245, 248 (2d Cir.1991). To request information suppression, updates, or additions, contact us about this docket. 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 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.

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