cellular sales lawsuit

219. Cellular Sales of New York, LLC served on 3/27/2012. I waited until Sunday, December 6, 2021, to see if the number would change because it appeared that no changes would be made. Bolletino v. Cellular Sales of Knoxville, Inc. et al, Court Case No. 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. 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. 216(b) (Santillo, R) (Entered: 09/06/2012), NOTICE by Terrence Mack of Consent of TERRENCE MACK to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. *`%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?/ %PDF-1.5 % 219.6 See Smith/Enron Cogeneration Ltd. P'ship v. Smith Cogeneration Int'l, 198 F.3d 88, 99 (2d Cir.1999). 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. That lawsuit alleges that Cellular Sales violated the Fair Labor Standards Act, 29 U.S.C. Immersive listening wherever you go with Beats Studio Buds true wireless noise cancelling earphones. 201 et seq., New York common law, and various provisions of New York's Labor Law, N.Y. 201et seq. Prosecutor Resigns Amid Sex Scandal Lawsuit In Kendall County 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. 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. See id. 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 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. There is no document attached to this entry.) The United States District Court for the Northern District of New York (Mordue, J.) 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. Dane Scism, the CEO of Cellular Sales, travels the country scouting for new Verizon store locations almost every day. ("FLSA"), by failing to pay Chapman overtime compensation, as well . The email address cannot be subscribed. 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. Because my phone number is out of service, I have been unable to reach it for the fifth day in a row. (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. (AYB) (Entered: 04/18/2013), NOTICE by Jason Haygood of Withdraw (DeRose, Robert) (Entered: 04/03/2013), Joint MOTION for Entry of Scheduling Order by Plaintiffs and Defendants. 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. (Campbell, Tena) (Entered: 08/12/2013), SCHEDULING ORDER:Signed by Magistrate Judge H Bruce Guyton on 08/07/2013. (adsbygoogle = window.adsbygoogle || []).push({}); Non-Government Works Copyright 2001-2023 Think Computer Corporation. (Attachments: # 1 Other Cert. The plaintiff argued that he should not be required to arbitrate because the claim predated the arbitration agreement; this Court disagreed. Today Is the Last Day to Claim Money From AT&T's $14 Million - CNET Plaintiff's attorney: R. Andrew Santillo. Id. 235. Signed by District Judge Thomas A Varlan on 4/25/12. When it comes to our customers, we dont skimp on the details. 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. 216(b) (Santillo, R) (Entered: 11/14/2012), NOTICE by Kianas Smalls of Consent of KIANAS SMALLS to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. (Campbell, Tena) (Entered: 05/31/2013), SUPPLEMENTAL Motion to Dismiss and Motion to Compel Arbitration by Defendants. Wondering if a report is missing? We reasoned that, even though the claim predated the arbitration agreement, the plaintiff had signed it with full knowledge that he had a claim against Pressprich and that Pressprich was a Stock Exchange member. Id. Cellular Sales of Birmingham, LLC served on 3/26/2012. For more results perform a general search for "cellular sales". endstream endobj 57 0 obj <> endobj 58 0 obj <> endobj 59 0 obj <>stream Cellular Sales celebrates 30 years in wireless Here's a first look at Apple iPhone 14, iOS 16 Incorporating technology in the classroom and at home Wireless charging vs. wired: what are the benefits? Co., 869 F.2d 96, 100 (2d Cir.1989). (AYB) (Entered: 12/13/2012), NOTICE by Jan Anderson of Consent of JAN ANSERSON to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Consumers want to see how a business took care of business. (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. 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. (AYB) (Entered: 02/13/2013), NOTICE by Nicholas Bolletino Notice of Consent of Donna Johnson, Kristian Hubner, Adam Mersch, Jennifer Leigh Benitz, John Geer, Eric Donahue, Rebecca Donahue, Scottie Brown, Richard Cooledge, Curtis Matthews, Kimberly Henry, Roger Gomez, Patrick Gabbey, Johnnie Dillard, Anthony Captain, Paul L. Smith, Joe Brown, Glen Nottingham, Garry Guilford, Nenita Quintero, Erin Button, Brandy Hook, Lance Yoxtheimer, David Adelman, Darryl Wingo, Wendi Hill, Shantel Hollis, and Ryne Mallery to Become Party Plaintiffs Pursuant to FLSA Section 16, 29 U.S.C. Parties outside of court must meet in mediation in order to resolve labor disputes. Why victims of AT&T unlimited-data throttling get only $22 in Best Things to Do in Auvergne Rhne-Alpes, France We find PlaintiffsAppellees' argument unpersuasive for two reasons. (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. 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. (Attachments: # 1 Text of Proposed Order Proposed Order) (Hyatt, Seth) Modified text on 7/3/2013 (AYB). 21117 (Compensation Agreement). FOSTER to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. r=J^rC2Yd" Why Ripoff Report will not release author information! 0 (ADA) (Entered: 07/25/2012), NOTICE of Appearance by R. Deno Cole on behalf of All Defendants (Cole, R.) (Entered: 07/24/2012), MEMORANDUM in Support of Motion re 58 MOTION Equitable Tolling on Behalf of Potential Opt-In Plaintiffs filed by Nicholas Bolletino, William Love, III. The Newsletter Bringing the Legal System to Light. CELLULAR SALES OF KNOXVIL | No. 1:19CV768. | 20200103810 | Leagle.com (Attachments: # 1 Other Cert. 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 Certified U.S. Mail Receipt- Cellular Sales of Northern Florida, LLC)(Garrison, David) (Entered: 03/30/2012), SUMMONS Returned Executed by Nicholas Bolletino. 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. We have filed criminal charges Cleveland Georgia, ENDBAR FOUNDATIONS INC efi demolition equipment, Endbar Foundations Screwed me out of $2000 on the 1st job and $29,970 on the 2nd Job over 10 Months of work gone. $4000 later! 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! (Tift, Scott) Modified text on 6/12/2012 (ABF). Their argument is rooted in a line of Supreme Court cases that relate to arbitration clauses in collective bargaining agreements. Cellular Sales ("Company") is in the business of retail sales of Verizon Wireless services and related equipment and accessories ("Products"). 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. 12. West, Stephen Roberts, Marietta Ward, and Santo Fulmino 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. For convenience, we cite to the contracts Burrell signed. cellular+sales+of+knoxville+inc | US Decisions | Law | CaseMine Text STOP to stop. Contract law, on the other hand, is an area of law where labels matter. Instead, the correct approach is to assess whether the parties intended for the arbitration clause to cover the present dispute. 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. Read Cellular Sales of Missouri, LLC v. Nat'l Labor Relations Bd., 824 F.3d 772, see flags on bad law, and search Casetext's comprehensive legal database We'll keep you streaming. at 1212.12 Unfortunately for the DefendantsAppellants, though, Coenen and cases like it are simply not on point. U.S. Mail Return Receipt- Cellular Sales of Georgia, LLC)(Garrison, David) (Entered: 03/28/2012), Summons Issued as to 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. Cellular Sales was accused of failing to pay overtime wages to plaintiff employees who worked more than 40 hours per week. We deliver outstanding experiences, with thoughtful and valuable insight from our wireless sales consultants. U.S. Mail Return Receipt- Cellular Sales of Pennsylvania, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. Signed by District Judge Tena Campbell on 08/19/2013. 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. 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. The deadline to. 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. If the lawsuit is successful, the plaintiffs may be awarded back pay, interest, and attorneys fees. 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. (Attachments: # 1 Text of Proposed Order)(Carbo, Charles) Modified text on 5/31/2013 (ABF). Destination Guide: Grenoble (Auvergne-Rhne-Alpes, Isre) in France 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. Nothing. Cellular Sales is an independent company that provides wireless services and products through Verizon Wireless. 16(a)(1)(C). In the alternative, PlaintiffsAppellees submit that we can affirm based on the alleged unconscionability of certain aspects of the arbitration agreement. Issues: Laws: Cases: Pro: (KMK) (Entered: 10/16/2012), NOTICE by Chris Gordon of Consent of CHRIS GORDON to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. at 855. endstream endobj startxref The parties are present by telephone to discuss whether defendants can notify pre-opt in persons. 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. 1 . A total of 89 sales representatives have agreed to sue the company as of this writing. 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.. Message and data rates may apply. 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) (Tift, Scott) (Entered: 03/08/2013), NOTICE by Nicholas Bolletino Notice of Consent of Dezmond Alexanders, Hakiem Alhamdan, Robert Cannon, Brian Nance, and Andrea Steinau to Become Party Plaintiffs Pursuant to FLSA Section 16(b) 29 U.S.C. Seasoned/veteran reps can make an average of $4000-6000 maybe 7. 3:12-cv-00138 in the Tennessee Eastern District Court. Doubts should be resolved in favor of coverage.7 Id. 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. No one has written a summary of this case yet. 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. Arguments heard. Cellular Sales celebrates 30 years in wireless, Heres a first look at Apple iPhone 14, iOS 16, Incorporating technology in the classroom and at home. (Campbell, Tena) (Entered: 03/13/2013), Joint MOTION for Extension of Time to File Proposed Schedule by the parties. 219, because DefendantsAppellants have not argued that PlaintiffsAppellees' claims arose out of the Compensation Agreements. 233. 216(b) (Tift, Scott) (Entered: 01/28/2013), ORDER granting 115 Motion to Withdraw. 106. (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. However, in that case, the plaintiff signed a comprehensive employment agreement containing an arbitration clause three months into his employment. Id. Cellular Sales of Knoxville, Inc. v. McGonagle, No. 05-13-00246-CV 216(b) (Santillo, R) (Entered: 10/15/2012), NOTICE by Michael Jonathan Cain of Consent of MICHAEL JONATHAN CAIN to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. Parties outside of court must meet in mediation in order to resolve labor disputes. Specifically, arbitration is a matter of contract, and therefore a party cannot be required to submit to arbitration any dispute which [it] has not agreed so to submit. JLM Indus., 387 F.3d at 171 (alteration in original) (citations and internal quotation marks omitted). (VaQ: AT&T will acquire Verizon Wireless California operations for $10.4 billion, according to a statement from the company this morning. Barkan Meizlish Handelman Goodin DeRose Wentz, LLP, Chamberlain, Hrdlicka, White, Williams & Aughtry. Thus, our discussion focuses on the scope of that agreement. 2. 216(b) (Santillo, R) (Entered: 09/04/2012), NOTICE by Elvers Brooks of Consent of ELVERS BROOKS to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 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. (Entered: 04/03/2012), SUMMONS Returned Executed by Nicholas Bolletino. U.S. Mail Return Receipt- Cellular Sales of Missouri, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. The parties appear telephonically: Mr. David Garrison and Mr. Andrew Santillo for the Plaintiff and Mr. Larry Carbo for the Defendants. v. Verizon Wireless Services LLC, et al., Case No. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Carbo, Charles) Modified text on 10/5/2012 (ABF). U.S. Mail Return Receipt- Cellular Sales of Indiana, LLC)(Garrison, David) (Entered: 03/28/2012), SUMMONS Returned Executed by Nicholas Bolletino. 257 (emphasis added). 216(b) (Tift, Scott) (Entered: 01/14/2013), NOTICE by Nicholas Bolletino Notice of Filing Consent of Ryan Hellwege, John Pena, Larry Keown, Allen Raitt, Laurence Metzger, and Rolin Rayne (Tift, Scott) (Entered: 01/11/2013), NOTICE by Nicholas Bolletino Notice of Consent of Kristin Hough, David Thompson, Raymond Dube, Desiree Atkins, Shaniya Washington, Gary Stickl, Chrisopher Taggart, Crage McKenzie, Emily Sluder, Austin Wells, Kristopher Dowdell, Wesley Bryant, and Brandon Roberts, to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. He is a liar and a total joke. (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. 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. Message frequency varies. 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. In deciding whether a dispute is arbitrable, we must answer two questions: (1) whether the parties agreed to arbitrate, and, if so, (2) whether the scope of that agreement encompasses the claims at issue. Bank Julius Baer & Co. v. Waxfield Ltd., 424 F.3d 278, 281 (2d Cir.2005) (alteration and internal quotation marks omitted), abrogated on other grounds by Granite Rock Co. v. Int'l Bhd. 9. The contracts Pratt signed contain contractual provisions that are identical to the provisions cited in this opinion. Company has employed you ("Employee") to sell the Products. 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. 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. (Attachments: # 1 Exhibit 1- Disputed Notice Package) (Barrett, George) Modified text on 11/19/2012 (AYB). (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. $LMAE4\_@=CMwx=KI"-^\/H('T8%ADR C&vRLJI%J3i6M&{*. Why you can't sue your wireless carrier in a class action Cellular Sales of Knoxville, Inc. UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Although Amoco Cadiz arose under different factual circumstances, it demonstrates the absence of a hard and fast rule in the Seventh Circuit prohibiting an arbitration agreement from covering disputes that arose before the agreement was signed. 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} (JDH) (Entered: 09/09/2013), ORDER granting 213 Motion to Stay.

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