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 Other Cert. AT&T's $60 Million Settlement: Time Is Running Out to Claim Money Sign up or sign in to contribute one. Wondering if a report is missing? (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. Some customers have complained of being charged for services they did not receive, while others have been overcharged for services they did receive. Text STOP to stop. endstream endobj 60 0 obj <>stream We have jurisdiction over this interlocutory appeal pursuant to 9 U.S.C. Mediation has been agreed upon as a result of this case. Cellular Sales of Ohio, LLC served on 3/27/2012. v. Commc'ns Workers of Am., 475 U.S. 643, 650 (1986). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Garrison, David) (Entered: 06/20/2012), 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, In the Alternative, Motion to Dismiss Under Rule 12(b)(6) for Failure to State a Claim by Nicholas Bolletino. 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. Hiding negative complaints is only a Band-Aid. 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. Because my phone number is out of service, I have been unable to reach it for the fifth day in a row. ("FLSA"), by failing to pay Chapman overtime compensation, as well . (internal quotation marks omitted). Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages, Don't let them get away with it! Let the truth be known!, Cellular Sales Verizon Wireless Authorized Retailer. at 481 (internal quotation marks omitted). Prosecutor Resigns Amid Sex Scandal Lawsuit In Kendall County 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. 216(b) (Tift, Scott) (Entered: 02/07/2013), NOTICE by Nicholas Bolletino Notice of Consent of Patrick Gray, Mark Phillips, and Robin Sanders to Become Party Plaintiffs Pursaunt to FLSA Section 16(b) 29 U.S.C. 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. (Tift, Scott) Modified text on 6/12/2012 (ABF). New Engineer jobs added daily. (VaQ: We DO NOT remove reports. Cellular Sales of Delaware, LLC served on 3/27/2012. (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) (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. DefendantsAppellants have maintained before the district court that Pratt and Burrell were independent contractors, and they may attempt to use the Sales Agreements to prove that. These factual allegations do not touch matters covered by the arbitration clause because they do not evince the parties' intent to enter into an employment relationship. Cellular Sales of Kentucky, LLC served on 3/26/2012. *`%wv.0>#9W(&q'](H[PJQ-+$'$%.kr~HX*=\s,$&r\SB3|X7VV\(D/|U~n3IR7yVqdA_VNITdH5 55hFt;j};" N=09~ e\$:+y7HWpE(I(1I iT4NKDGNu91t5 :D.# ppy/W?/ U.S. Mail Return Receipt- Cellular Sales of Mississippi, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. Cellular Sales was accused of failing to pay overtime wages to plaintiff employees who worked more than 40 hours per week. 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 . The plaintiff argued that he should not be required to arbitrate because the claim predated the arbitration agreement; this Court disagreed. (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. Sign up for our free summaries and get the latest delivered directly to you. Employee's employment with Company is, and shall remain at all times, at-will, and Company may terminate Employee's employment at any time for any reason or for no reason, and Employee may terminate employment at any time for any reason or for no reason. Message and data rates may apply. 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. You're all set! Consumers want to see how a business took care of business. 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. 216(b) (Tift, Scott) (Entered: 03/04/2013), ORDER granting 171 Motion. 3. 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. Jason Slawson of Dunmore, Pa., individually and on behalf of others similarly situated, filed a lawsuit Aug. 3 against Cellular Sales of Knoxville Inc., based in Tennessee and doing business in Louisiana, in U.S. District Court for the Eastern District of Louisiana, alleging ongoing FLSA infringement starting in 2012. 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. 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. The Judges overseeing this case are MILITELLO, PAUL LOUIE, MURPHY, VINCENT and MILITELLO, PAUL. Founded 2,000 years ago, Lyon's streets are a living museum, with beautiful historical buildings and interesting art galleries and museums. 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. 13. 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. Thus, our discussion focuses on the scope of that agreement. Bolletino v. Cellular Sales of Knoxville, Inc. et al :: Tennessee 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. Sales reps are paid well and have access to additional benefits and pay in addition to their competitive salaries. De Ruyter New York, Progressive RV insurance Blowing me off. Get free summaries of new Second Circuit US Court of Appeals opinions delivered to your inbox! 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. U.S. Mail Return Receipt- Cellular Sales of Missouri, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. Signed by District Judge Curtis L Collier on 10/16/2012. (Attachments: # 1 Other Cert. Verizon Cellular Sales is a leading provider of products and services that can be found in a variety of Verizon locations. 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. Winter haven Florida, Brian Miller Cellular Sales, Brian Scott Miller, Al Allen SCUM BAG CON ARTIST THIEF TOTAL RIPOFF!!! Getman, Sweeney, and Dunn provide sales representatives, account managers, and other similar positions in the cellular industry. In some cases, customers have also reported being sold used or damaged merchandise as new. (Attachments: # 1 Other Certified U.S. Mail Receipt- Cellular Sales of North Carolina, LLC)(Garrison, David) (Entered: 03/29/2012), SUMMONS Returned Executed by Nicholas Bolletino. 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} Effective Ways to Save on your Mobile Data, The Law Enforcement Exception To The Use Of Deadly Force, Swearing At Police Officers Is Not Appropriate In Massachusetts, Everything You Need To Know About Car Insurance Companies And Police Reports, The Police In Nigeria Have The Authority To Arrest Without A Warrant Under Certain Circumstances. (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). 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 The district court denied defendants' motion to compel arbitration based on the arbitration clause contained in plaintiffs' subsequent employment agreements. Cellular Sales of Maryland, LLC served on 3/27/2012. learn more Unlimited is going Ultra 5G Ultra Wideband is now in more places. Your activity looks suspicious to us. 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. (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. 21117 (Compensation Agreement). On appeal, both parties cite to New York law, and neither party has argued that the law of any other state applies to this dispute. (c/m)(ABF) (Entered: 05/15/2012), RESPONSE in Opposition re 30 MOTION to Dismiss for Lack of Jurisdiction filed by Nicholas Bolletino. (jmk) (Entered: 01/25/2013), NOTICE by Nicholas Bolletino Notice of Consent of Dario Anderson to Become Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Reese Thomas has 20 years of experience in both business and legal matters. Signed by District Judge Tena Campbell on 05/31/2013. Terms and conditions. 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. We go the extra mile, always. 216(b) (Tift, Scott) (Entered: 02/20/2013), NOTICE by Nicholas Bolletino Notices of Consent of Kelly E. Rose, Gregory S. Long, Paul Jernigan, Travis Blazer, Stacy Smith, and Rebecca Lynn Pfleiderer to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. However, the department is continuing to investigate individual complaints as they are received. Should mediation fail to resolve the dispute, the parties retained the right to pursue any appropriate legal actions against the other Party in a court of competent jurisdiction. Joint App. 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. 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. Each Sales Agreement included a dispute resolution mechanism that required the parties to submit a dispute aris[ing] under th[e] Agreement to mediation. Joint App. When it comes to our customers, we dont skimp on the details. (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) (Santillo, R) (Entered: 08/31/2012), NOTICE by Nicholas Bolletino OF FILING NOTICE OF CONSENT (Attachments: # 1 Exhibit A- Signed Consent Form)(Garrison, David) (Entered: 08/31/2012), NOTICE by Lester Levine of Consent of LESTER LEVINE to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. AT&T and Verizon Wireless have agreed to a $10.4 billion deal for the sale of Verizon Wireless California operations, the companies announced this morning. Working at Cellular Sales: 1,483 Reviews in US | Indeed.com 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. 216(b) (Santillo, R) (Entered: 10/22/2012), ORDER REASSIGNING CASE: Pursuant to 28 U.S.C. The Verizon Bait and Switch Class Action Lawsuit is Wise, et al. 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. Who is ED Magedson - Founder, Ripoff Report. Defendants attorneys: C. Larry Carbo and Ryan Cantrell. That argument, although superficially appealing, is wrong. 216(b) (Tift, Scott) (Entered: 03/01/2013), NOTICE by Nicholas Bolletino Notice of Consent of Edgar Bernal and Joshua Elliott to Become Party Plaintiffs Pursuant to FLSA Section 16(b) 29 U.S.C. PlaintiffsAppellees Pratt and Burrell respond that this Court need not reach DefendantsAppellants' argument because the Compensation Agreement is unambiguous. Why victims of AT&T unlimited-data throttling get only $22 in This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Cellular Sales | Verizon Authorized Retailer Joint App. Stay up-to-date with how the law affects your life. Today Is the Last Day to Claim Money From AT&T's $14 Million - CNET 235. (Entered: 07/02/2013), REPLY to Response to Motion re 189 MOTION to Dismiss Supplement and Compel Arbitration 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. The parties are present by telephone to discuss whether defendants can notify pre-opt in persons. There may be more reports for "cellular sales", For more results perform a general search for "cellular sales", Showing 1-25 of 79 Found Reports Sales of New York, LLC ("CSNY") and Cellular Sales of Knoxville, Inc. ("CSK") (collectively, "Defendants") asserting claims for alleged violations of minimum wage and overtime requirements. 10. 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. The local timezone is named Europe / Paris with an UTC offset of 2 hours. The chain began as a single location in Knoxville, Tennessee and has since grown to nearly 800 locations in 40 states and over 7,000 team members. Palantir who successfully sued the Army has won a major Army contract Signed by District Judge Tena Campbell on December 12, 2012. Lyon is France's third-largest city and a major tourist destination. (Attachments: # 1 Other Cert. Pollutro, Bernard Vs Cellular Sales of Knoxville In 5. 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). 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. 216(b) (Santillo, R) (Entered: 10/10/2012), ORDER OF RECUSAL. (text order only) (AYB) (Entered: 02/12/2013), NOTICE by Nicholas Bolletino Notice of Consent of Kyle Overacker, Keith Suhr, Elizabeth Kimberlin, Summer Rathman, and Calvin Fritz to Become Party Plaintiffs Pursuant to FLSA Section 16 29 U.S.C. AT&T has agreed to a $12 million settlement in a class-action lawsuit over its throttling of "unlimited" mobile data plans. PDF United States Court of Appeals Copyright 1997-2023 Ripoff Report. (Entered: 05/30/2013), Unopposed MOTION for Leave to File Excess Pages re Supplemental Motion to Dismiss and Compel Arbitration by Defendants. Or text deals to 692355 to get offers, deals and tech tips sent straight to your phone. Jan P. HOLICK, Jr., Steven Moffitt, Justin Moffitt, Gurwinder Singh, Jason Mack, Timothy M. Pratt, and William Burrell, on behalf of themselves and all others similarly situated, PlaintiffsAppellees, v. CELLULAR SALES OF NEW YORK, LLC, Cellular Sales of Knoxville, Inc., DefendantsAppellants.1. You can explore additional available newsletters here. 56 0 obj <> endobj (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) (Santillo, R) (Entered: 11/07/2012), NOTICE by Torreze Days of Consent of TORREZE DAYS to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. U.S. District Court for the Eastern District of Louisiana, Judge says California gator products ban violates federal law, in win for Louisiana industry, Federal lawsuit alleges racial hostility at ExxonMobil's Baton Rouge facility, LABI chief resigns post, announces run for Louisiana governor, Stanford University under fire after Louisiana-based federal judge is shouted down during campus talk, Anchor Sponsor of the Hillar C. Moore, Jr. Cellular Sales of Northern Florida, LLC served on 3/26/2012. A total of 89 sales representatives have agreed to sue the company as of this writing. (Entered: 07/12/2013), SCHEDULING ORDERSigned by Magistrate Judge H Bruce Guyton on 07/09/2013. (Entered: 06/13/2013), ORDER granting 188 Motion for Leave to File Excess Pages. 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. Cellular Sales was accused of failing to pay overtime wages to plaintiff employees who worked more than 40 hours per week. (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. The company has been included in Inc. Magazines Inc 5000 list nine times. 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. FOSTER to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Nothing. When deciding whether the parties agreed to arbitrate a certain matter , courts generally apply ordinary state-law principles that govern the formation of contracts. First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 944 (1995). Zephyrhills Florida, Russell Cellular Sales person stated the flip phone was free w/contract-then when I received first months bill, I am paying for 2 years on a phone that was to be free. You are not currently an employee of Cellular Sales-you are CONTRACTED with Cellular Sales; you are an employee of your own company (LLC or Corp). Joint App.