Bolletino v. Cellular Sales of Knoxville, Inc. et al
| Nicholas Bolletino, William Love, III, Sandra Fite, Aaron Floyd, Lester Levine, Elvers Brooks, John T Walker, Sr, Kristen N. Kessell, Patrick J. Foster, Guerfalone Destinoble, Terrence Mack, William R. Dean, Bobby Hollingsworth, Robert Edgar, Stephen M. Hill, Sarah L. Mason, Shawn Stanton, Nathan Damboise, Joshua S. Maleeff, Marc S. Destinoble, Lindsey C. Pursley, Todd A. Harner, Rebecca Chalson, Jennifer Temple, Rockmeyer Estes, Dezmond T. Alexanders, Michael Jonathan Cain, Chris Gordon, Giuseppe Anile, Lydia Shows, Daniel Prinzo, Torreze Days, Kianas Smalls, Jennifer Kiefer, LeMan E. Johnson, Timothy McLaney, Jan Anderson, LeRon Johnson, Kelly Lucky, Gilbert Joseph Bellaran, Ryan Hellwege, John Pena, Larry Keown, Allen Raitt, Laurence Metzger, Rolin Rayne, Kristin Hough, David Thompson, Raymond Dube, Desiree Atkins, Shaniya Washington, Gary Stickl, Christopher Taggart, Crage McKenzie, Emily Sluder, Austin Wells, Kristopher Dowdell, Wesley Bryant, Brandon Roberts, Darrell Stafford, Jason Johnson, Stanley Leger, LaToya Dates, Daniel Yates, Stephan Pantazelos, Billy Nesbitt, Jr., Kiisha Musgrow, Joshua Stuart, Cynthia Radnovich, Joshua Smiley, Angela Leon, 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, Kevin Campbell, Ronald Allee, Patricia Knowles, Craig Schield, Nate Schuckers, Kevin Zornes, Brian Anderson, Scott Christensen, Christopher Hill, Amanda Jenkins, Tim Kellogg, Nathan McCorkle, Beth Messenger, Ronald Rodriguez, Shaunta Smith, Frederick Stanley, Joel Alicea, James Johnson, Elizabeth Mistarz, Jordan Scott Brady, Laura Martin, Stephen Roberts, Stephanie Stephens, Brandon Waymire, Pat Bishop, Leigh Ann Denay, Daryl Fuller, Jessica Woodward, James Jacob Barbero, Barry Baxter, David Dwyer, Jamie Morgan, Mike Barlow, Joseph J. Cobb, Carlos Escanlar, Christopher Franzen, Peter Stewart, Monty Balado, Wael Berry, Eloiza Birch, Gregory Bloch, Anthony Daniel Farina, Donald Kevin Fuller, Stephen Garrett, Joe Goldschmidt, Micah Gusson, Thomas Ingram, Stephen Kesseler, Dewey McVea, Sean Morgan, Bryan Scott Rupe, Damien Tucker, Chris Cuchens, Joseph DeStio, Thomas Dunn, Lance Fink, Gary Gish, Son Le, Marcus Lockett, Otis McCall, Melissa Munson, Eric Rodriguez, Barbara Braun, Ryan Reiter, Thomas William Sparks, Jr., Davin DeLucia, James Harvey, John Maynard, Stephen Orenstein, Taryn Allen, Franklin Alvarez, Sharon Barnes, Claude Edward Bryant, Jr., Wael Dial, Jeffrey Newbanks, Robert Rigo, Wayne Rock, Aldo Rodriguez, Benjamin Aguilar, George Tucker, Victoria Munson, Santo Fulmino, Marietta Ward, Shawn J. West, John Ames, Travis Byrd, Mark Carter, Tom Cooley, Robert Crawford, DeRon Davis, Dominic Deschambault, Joel Craig Finch, Victor Franklin, Leslie Grundy, William C. Hanley, Anthony Hashem, Barry Johnson, Anthony Kowalczyk, Vivekanan Manivannan, Caitlyn McAlpine, Philip McCready, Jim Naebzadeh, Erica Ramirez, Joe Schmidt, Scott Stanfield, Matthew Taylor, Julia Ann Watson, David Bowling, Laura Dunham, Christopher Horton, Chris Jancich, Michele Johnson, Ali Kolar, Ernesto Lopez, Kylene Moedjio, Lee Fjord, Jefferson Ryan May, Malinda Schippers, Robert Brandon Brooks, Christopher Ginage, Patrick Lynch, Kelly McDougle, Rob McDougle, Clara Sowers, Frank Watts, Didema Dagenhart, Luis Fuentes, Dario Anderson, Shantae Collins, Jasen Drum, J. Brooke Gossett, Charles Jones, Garmon A. Moore, Robert Tomussini, Joseph Charles Pavlick, Amanda Bailey, Oscar Braun, Jason Edward Britt, Donna Garcia, Dylan Gietz, Jennifer Hidalgo, Jeremy Hutchins, Nikolaos Kastanaras, James Maddox, Luis Marrero, W. David McGuffin, Melissa Nealey, Anthony Overpeck, Ryan Schwartz, Brea Sharron, William Sizemore, Justin Lambert and Mark Lebeda |
| 3:2012cv00138 |
| March 21, 2012 |
| US District Court for the Eastern District of Tennessee |
| Knoxville Office |
| Knox |
| Tena Campbell |
| H Bruce Guyton |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Both |
Docket Report
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| Document Text |
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| Filing 218 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. (Carbo, Charles) |
Filing 217
ORDER DISMISSING CASE with Prejudice as Settled, although the Court will retain jurisdiction over this action for purposes of overseeing and/or resolving any disputes arising from the implementation or administration of the settlement terms. Signed by District Judge Tena Campbell on November 29, 2013. (AYB)
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| Filing 216 Unopposed MOTION Approval of FLSA Settlement by Nicholas Bolletino. (Attachments: #1 Appendix Proposed Order)(Winebrake, Peter) |
| Filing 215 SEALED Document. (JDH) |
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Filing 214
ORDER granting #213 Motion to Stay. Signed by District Judge Tena Campbell on 08/19/2013. Accordingly, the court strikes the hearing on the motion to compel and the motion to dismiss that was set for 9/9/2013 at 11:00 a.m.
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| Filing 213 Joint MOTION to Stay Pending Mediation by Nicholas Bolletino. (Garrison, David) |
| Filing 212 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. (Campbell, Tena) |
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Filing 211
SCHEDULING ORDER:Signed by Magistrate Judge H Bruce Guyton on 08/07/2013. (KAW)
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| Filing 210 Plaintiffs' RESPONSE to #209 DEFENDANTS' SECOND NOTICE OF SUPPLEMENTAL AUTHORITY (Hyatt, Seth) Modified text on 7/24/2013 (AYB). |
| Filing 209 Second NOTICE of Supplemental Authority in Support of Defendants' Motion to Dismiss Plaintiffs' Complaint and Compel Individual Arbitration, or, Alternatively, to Stay Litigation and Compel Individual 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 (Attachments: #1 Exhibit A) (Carbo, Charles) Modified text on 7/19/2013 (AYB). |
| Filing 208 PLAINTIFF'S SUR-REPLY in Opposition to Defendants' Supplemental Motion to Dismiss #189 filed by Nicholas Bolletino. (Attachments: #1 Exhibit Letter dated 7.5.13, #2 Exhibit Unpublished W.D. Missouri Decision)(Hyatt, Seth) Modified text on 7/15/2013 (ADA). |
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Filing 207
SCHEDULING ORDERSigned by Magistrate Judge H Bruce Guyton on 07/09/2013. (KAW)
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Filing 206
ORDER granting #202 Motion for Leave to File Document, based upon the parties' agreement and for good cause shown. Plaintiff shall file his sur-reply on or before July 12, 2013 . Signed by Magistrate Judge H. Bruce Guyton on 07/08/13. (This entry constitutes the complete order of the Court. There is no document attached to this entry.) (LWM)
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Filing 205
ORDER granting #199 Motion for Leave to File Excess Pages, based upon parties' agreement and for good cause shown. Signed by Magistrate Judge H. Bruce Guyton on 07/08/13. (This entry constitutes the complete order of the Court. There is no document attached to this entry.) (LWM)
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| Filing 204 NOTICE 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 #203 Notice (Other),,, (Corrected) (Attachments: #1 Exhibit E)(Carbo, Charles) |
| Filing 203 NOTICE OF SUPPLEMENTAL AUTHORITY 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 Support of #189 MOTION to Dismiss (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Carbo, Charles) Modified text on 7/5/2013 (AYB). |
| Filing 202 PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE SUR-REPLY by Nicholas Bolletino. (Attachments: #1 Text of Proposed Order Proposed Order) (Hyatt, Seth) Modified text on 7/3/2013 (AYB). |
| Filing 201 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. (Attachments: #1 Exhibit A, #2 Exhibit B)(Carbo, Charles) |
| Filing 200 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. (Carbo, Charles) |
| Filing 199 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. (Attachments: #1 Text of Proposed Order)(Carbo, Charles) |
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Filing 198
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. ORDERED that the Defendants may filed their Reply to Plaintiff's Response to Defendant's Supplemental Motion to Dismiss and Compel Arbitration with this Court on or before Friday, June 28, 2013.Signed by Magistrate Judge H Bruce Guyton on 06/25/2013. (c/m to Charles J Muller , III) (KAW)
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| Filing 197 Unopposed MOTION for Leave to File Reply Brief to Plaintiff's Response to Defendants' Supplement to Defendants' Motion to 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. (Attachments: #1 Text of Proposed Order)(Carbo, Charles) |
| Filing 196 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. (Attachments: #1 Text of Proposed Order)(Carbo, Charles) |
| Filing 195 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. (Attachments: #1 Exhibit A-I, #2 Exhibit J-O)(Carbo, Charles) |
| Filing 194 AFFIDAVIT re #191 Response in Opposition to Motion, DECLARATION OF JEANNIFER TEMPLE by Nicholas Bolletino. (Hyatt, Seth) |
| Filing 193 AFFIDAVIT re #191 Response in Opposition to Motion, DECLARATION OF NICHOLAS BOLLETINO by Nicholas Bolletino. (Hyatt, Seth) |
| Filing 192 AFFIDAVIT re #191 Response in Opposition to Motion, DECLARATION OF AMANDA BAILEY by Nicholas Bolletino. (Hyatt, Seth) |
| Filing 191 RESPONSE in Opposition to #189 SUPPLEMENTAL Motion to Dismiss and Motion to Compel Arbitration filed by Nicholas Bolletino. (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). |
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Filing 190
ORDER granting #188 Motion for Leave to File Excess Pages. Signed by District Judge Tena Campbell on 05/31/2013. (Campbell, Tena)
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| Filing 189 SUPPLEMENTAL Motion to Dismiss and Motion to Compel Arbitration by Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-Part 1, #4 Exhibit C-Part 2, #5 Exhibit C-Part 3, #6 Exhibit C-Part 4, #7 Exhibit C-Part 5, #8 Exhibit C-Part 6, #9 Exhibit C-Part 7, #10 Exhibit C-Part 8)(Carbo, Charles) Modified text on 5/31/2013 (ABF). Added MOTION to Compel Arbitration on 7/15/2013 (ADA). |
| Filing 188 Unopposed MOTION for Leave to File Excess Pages re Supplemental Motion to Dismiss and Compel Arbitration by Defendants. (Attachments: #1 Text of Proposed Order)(Carbo, Charles) Modified text on 5/31/2013 (ABF). |
| Filing 187 NOTICE by Samuel Jason Sigmon of Withdraw (DeRose, Robert) |
| Filing 186 NOTICE of Appearance by Seth M Hyatt on behalf of All Plaintiffs (Hyatt, Seth) |
| Filing 185 ANSWER to #155 Amended Complaint Subject to Defendants' 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.(Carbo, Charles) |
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Filing 184
ORDER granting #183 Defendants' Unopposed Motion to Extend the Deadline to Re-Urge and/or Supplement its Motions to Dismiss. Defendants shall have until May 30, 2013, to re-urge or supplement their Motions to Dismiss. Signed by Magistrate Judge H Bruce Guyton on April 30, 2013. (AYB)
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| Filing 183 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. (Attachments: #1 Text of Proposed Order)(Carbo, Charles) |
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Filing 182
SCHEDULING ORDER. Signed by Magistrate Judge H Bruce Guyton on April 17, 2013. (AYB)
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| MOTIONS REFERRED to USMJ H. Bruce Guyton at Judge Campbell's request: #180 Joint MOTION for Entry of Scheduling Order. (AYB) |
| Filing 181 NOTICE by Jason Haygood of Withdraw (DeRose, Robert) |
| Filing 180 Joint MOTION for Entry of Scheduling Order by Plaintiffs and Defendants. (Attachments: #1 Text of Proposed Order) (Carbo, Charles) Modified text on 3/25/2013 (AYB). |
| Filing 179 NOTICE by Nicholas Bolletino Notice of Consent of Jeanie Waina to Become Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Tift, Scott) |
| Filing 178 NOTICE by Nicholas Bolletino Notice of Consent of Reginald Nsonamoah to Become Party Plaintiff Pursuant to FLSA Section 16(b) 29 U.S.C. 216(b) (Tift, Scott) |
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Filing 177
ORDER granting #176 Motion for Extension of Time to File. Signed by District Judge Tena Campbell on 03/13/2013. (Campbell, Tena)
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| Filing 176 Joint MOTION for Extension of Time to File Proposed Schedule by the parties. (Carbo, Charles) Modified text on 3/12/2013 (AYB). |
| Filing 175 NOTICE by Nicholas Bolletino Notice of Consent of Mary Baker to Become Party Plaintiff Pursuant to FLSA Section 16(b) 29 U.S.C. 216(b) (Tift, Scott) |
| Filing 174 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. 216(b) (Tift, Scott) |
| Filing 173 NOTICE by Nicholas Bolletino Notice of Consent of Adam Alhamdan to Become Party Plaintiff Pursuant to FLSA Section 16(b) 29 U.S.C. 216(b) (Tift, Scott) |
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Filing 172
ORDER granting #171 Motion. Signed by District Judge Tena Campbell on 03/04/2013. (Campbell, Tena)
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| Filing 171 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. (Attachments: #1 Text of Proposed Order Proposed Order)(Garrison, David) |
| Filing 170 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) |
| Filing 169 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. 216(b) (Tift, Scott) |
| Filing 168 NOTICE by Nicholas Bolletino Notice of Consent of Julius Williams III and Danny Davison to Become Party Plaintiffs Pursuant to FLSA Section 16(b) 29 U.S.C. 216(b) (Tift, Scott) |
| Filing 167 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) |
| Filing 166 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. 216(b) (Tift, Scott) |
| Filing 165 NOTICE by Nicholas Bolletino of Consent of Myles E. Daniel and Keith Woodland to Become Party Plaintiffs Pursuant to FLSA Section 16(b) 29 U.S.C. 216(b) (Tift, Scott) |
| Filing 164 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. 216(b) (Tift, Scott) |
| Filing 163 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. 216(b) (Tift, Scott) |
| Filing 162 NOTICE by Nicholas Bolletino Notice of Filing of Consent of Alicia Ramkissoon to Become Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Tift, Scott) |
| Filing 161 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. 216(b) (Tift, Scott) |
| Filing 160 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. 216(b) (Tift, Scott) |
| Filing 159 NOTICE by Nicholas Bolletino Notice of Consent of Willie Spradley to Become Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Tift, Scott) |
| Filing 158 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) |
| Filing 157 NOTICE by Nicholas Bolletino Notice of Filing Consent of Samuel Jason Sigmon, Jordan Michael, Torreze Days, Hollie Vickers, Daphne Keith, Derek Collins, Andrew Michener, Gregg Robertson, Kimberly Cifarelli, Peter Cifarelli, Jason Black, and Andre Moore to Become Party Plaintiffs Pursuant to FLSA Section 16, 29 U.S.C. 216(b) (Tift, Scott) |
| Filing 156 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. 216(b) (Tift, Scott) |
| Filing 155 First AMENDED Collective Action COMPLAINT against All Defendants filed by Nicholas Bolletino. (Garrison, David) Modified text on 2/14/2013 (AYB). |
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Filing 154
ORDER granting #134 Plaintiffs' Motion to Amend. Plaintiffs shall file their proposed "Amended Collective Action Complaint" in the record on or before February 18, 2013. Signed by Magistrate Judge H Bruce Guyton on February 13, 2013. (AYB)
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| Filing 153 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. 216(b) (Tift, Scott) |
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Filing 152
ORDER REFERRING #134 the MOTION to Amend #1 the Complaint to USMJ H. Bruce Guyton. Signed by District Judge Tena Campbell on February 12, 2013. (text order only) (AYB)
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| Filing 151 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. Section 216(b) (Tift, Scott) |
| Filing 150 NOTICE by Nicholas Bolletino Notice of Consent of Samantha Notarianni to Become Party Plaintiff Pursuant to FLSA Section 16(b) 29 U.S.C. 216(b) (Tift, Scott) |
| Filing 149 NOTICE by Nicholas Bolletino Notice of Consent of Andrew Yates and Johnny Carter to Become Party Plaintiffs Pursuant to FLSA Section 16(b) 29 U.S.C. 216(b) (Tift, Scott) |
| Filing 148 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. 216(b) (Tift, Scott) |
| Filing 147 NOTICE by Nicholas Bolletino Notice of Consent of Josh Harrison, David Glenn, Edmond Wilowski, Kevin Kryliw, Julius Bruce, Matthew Fruge, Clifton Lyles, Jr,, LeMan Johnson, Justin Hertzler, Racquel Ramsey, Kimberly Dandurmand, AMR Elgayar, Crystal Nicholls, Gina Creson, Charles Dilley, Megan Hill, and Tracey Jeffire to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Tift, Scott) |
| Filing 146 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. 216(b) (Tift, Scott) |
| Filing 145 NOTICE by Nicholas Bolletino Notice of Consent of Jesus A. Ruidiaz to Become Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Tift, Scott) |
| Filing 144 NOTICE by Nicholas Bolletino Notice of Consent of Leslie Michael Belcher, Blake Cobb, Jack W. Gibson, Jr., Cody Gillaspie, Shanta Sapp, Josh Feagans, Sunni Richardson, Daniel DiFonzo, Aarin Damiano, Christ D. Brown, Merrick Kelly, Joseph Hufstetler, Daniel Ewell, Andrea Williams, Rodney Williams, Jr., Robert Taylor, Jr., Emmanuel Bart Williams, Dustin Amos, Danny Skinner, Kristina White, Arnold J. 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. 216(b) (Tift, Scott) |
| Filing 143 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. 216(b) (Tift, Scott) |
| Filing 142 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) (Tift, Scott) |
| Filing 141 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. 216(b) (Tift, Scott) |
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Filing 140
ORDER granting #115 Motion to Withdraw. Signed by District Judge Tena Campbell on 01/25/2013. (jmk)
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| Filing 139 NOTICE by Nicholas Bolletino Notice of Consent of Dario Anderson to Become Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Tift, Scott) |
| Filing 138 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. 216(b) (Tift, Scott) |
| Filing 137 NOTICE by Nicholas Bolletino Notice of Consent of Laura Dunham, David Bowling, Christopher Horton, Moedjio, Chris Jancich, Ali Kolar, Ernesto Lopez, Michele Johnson, Malinda Schippers, Jefferson Ryan May, Lee Fjord, Patrick Lynch, Frank Watts, Rob McDougle, Kelly McDougle, Robert Brandon Brooks, Christopher Ginage, Clara Sowers, Didema Dagenhart, Luis Fuentes, Jasen Drum, Charles Jones, Shantae Collins, J. Brooke Gossett, Robert Tomussini, and Garmon A. Moore to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. 216 (b) (Tift, Scott) |
| Filing 136 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. 216(b) (Tift, Scott) |
| Filing 135 NOTICE by Nicholas Bolletino Notice of Consent of Shawn J. West, Stephen Roberts, Marietta Ward, and Santo Fulmino to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Tift, Scott) |
| Filing 134 MOTION to Amend/Revise #1 Complaint,,,,,,, by Nicholas Bolletino. (Attachments: #1 Exhibit A -- "Clean" version of proposed Amended Complaint, #2 Exhibit B -- "Redlined" Version of Proposed Amended Complaint, #3 Text of Proposed Order, #4 Certificate of Service)(Winebrake, Peter) |
| Filing 133 NOTICE by Nicholas Bolletino Notice of Consent of Victoria Munson to Become Party Plaintiff Pursuant to FLSA Section 16(b), 29, U.S.C. 216(b) (Tift, Scott) |
| Filing 132 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) |
| Filing 131 NOTICE by Nicholas Bolletino Notice of Consent of John Maynard to Become Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Tift, Scott) |
| Filing 130 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. 216(b) (Tift, Scott) |
| Filing 129 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. 216(b) (Tift, Scott) |
| Filing 128 NOTICE by Nicholas Bolletino Notice of Consent of Monty Balado, Eloiza Birch, Wael Berry, Stephen Garrett, Bryan Scott Rupe,Gregory Bloch, Micah Gusson, Anthony Daniel Farina, Stephen Kesseler, Thomas Ingram, Sean Morgan, Joe Goldschmidt, Dewey McVea, Donald Kevin Fuller, and Damien Tucker to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Tift, Scott) |
| Filing 127 NOTICE by Nicholas Bolletino Notice of Consent of Stephanie Stephens, Brandon Waymire, Laura Martin, Jordan Scott Brady, Stephen Roberts, Aaron Floyd, Jessica Woodward, Leigh Ann Denay, Pat Bishop, Daryl Fuller, Guerfalone Destinoble, Marc Destinoble, Jamie Morgan, Barry Baxter, David Wyer, James Jacob Barbero, Christopher Franzen, Joseph J. Cobb, Carlos Escanlar, Peter Stewart, and Mike Barlow to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Tift, Scott) |
| Filing 126 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. 216(b) (Tift, Scott) |
| Filing 125 NOTICE by Nicholas Bolletino Notice of Consent of Patricia Knowles, Craig Schield, Kevin Zornes, Ronald Allee, Nate Schuckers, Nathan Damboise, Nathan McCorkle, Amanda Jenkins, Brian Anderson, Ronald Rodriguez, Beth Messenger, Christopher Hill, Frederick Stanley, Shaunta Smith, Tim Kellogg, and Scott Christensen to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Tift, Scott) |
| Filing 124 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. 216(b) (Tift, Scott) |
| Filing 123 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. 216(b) (Tift, Scott) |
| Filing 122 NOTICE by Nicholas Bolletino Notice of Consent of Stanley Leger, LaToya Dates, Daniel Yates, Stephan Pantazelos, Billy Nesbitt, Jr. Kiisha Musgrow, Joshua Stuart, Cynthia Radnovich, Joshua Smiley, and Angela Leon to Become Party Plaintiffs Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Tift, Scott) |
| Filing 121 NOTICE by Nicholas Bolletino Notice of Filing Consent of Ryan Hellwege, John Pena, Larry Keown, Allen Raitt, Laurence Metzger, and Rolin Rayne (Tift, Scott) |
| Filing 120 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. 216(b) (Tift, Scott) |
| Filing 119 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. Foster, Chris Gordon, Todd A. Harner, Stephen M. Hill, Bobby Hollingsworth, LeMan E. Johnson, LeRon Johnson, Kristen N. Kessell, Jennifer Kiefer, Lester Levine, William Love, III, Kelly Lucky, Terrence Mack, Joshua S. Maleeff, Sarah L. Mason, Timothy McLaney, Daniel Prinzo, Lindsey C. Pursley, Lydia Shows, Kianas Smalls, Shawn Stanton, Jennifer Temple, John T Walker, Sr Notice of Filing Notices of Consent (Attachments: #1 Exhibit Consent Forms)(Tift, Scott) |
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Filing 118
ORDER granting #113 Attorney Charles J. Muller III's Motion for Leave to Appear Pro Hac Vice. Signed by Magistrate Judge H Bruce Guyton on January 8, 2013. (mailed to Mr. Muller) (AYB)
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| Filing 117 NOTICE by Gilbert Joseph Bellaran of Consent of GILBERT JOSEPH BELLARAN to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 116 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) (Santillo, R) |
| MOTIONS REFERRED to Magistrate Judge H. Bruce Guyton: #113 MOTION for Leave to Appear Pro Hac Vice (KMK) |
| Filing 115 MOTION to Withdraw as Co-Counsel by Nicholas Bolletino. (DeRose, Robert) |
| Filing 114 NOTICE by LeRon Johnson of Consent of LERON JOHNSON to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 113 MOTION for Charles J. Muller III to Appear Pro Hac Vice (Filing fee $ 90 paid: K3020577) by Defendants. (AYB) |
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Filing 112
ORDER that the disputed language shall NOT be included in the proposed notice that is sent to the putative class members. Signed by District Judge Tena Campbell on December 12, 2012. (AYB)
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| Filing 111 NOTICE by Jan Anderson of Consent of JAN ANSERSON to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 110 Minute Entry for proceedings held before District Judge Tena Campbell: Status Conference held on 12/10/2012. The parties are present by telephone to discuss whether defendants can notify pre-opt in persons. The court agreed that under the case law, defendants may do so but reminded the parties that all communication must not be deceptive, misleading, or discourage parties from opting in. Plaintiff's attorney: R. Andrew Santillo. Defendants attorneys: C. Larry Carbo and Ryan Cantrell.(Court Reporter Becky Janke) (Campbell, Tena) |
| Filing 109 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). |
| Filing 108 NOTICE of Hearing: Telephonic Status Conference set for 12/10/2012 at 04:30 PM (2:30 MST) in Judge Tena Campbell's courtroom. The parties shall join in a single call and then call into the courtroom at 801-524-6509.(Campbell, Tena) |
| Filing 107 MEMORANDUM in Support of Proposed Notice Language re #103 Order. (Attachments: #1 Exhibit A, #2 Exhibit Case Law) (Carbo, Charles) Modified text on 11/27/2012 (AYB). |
| Filing 106 NOTICE by Timothy McLaney of Consent of TIMOTHY MCLANEY to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 105 RESPONSE MEMORANDUM IN OPPOSITION TO DEFENDANTS' PROPOSED NOTICE LANGUAGE re #103 CONCERNING AUTHORITY IN SUPPORT OF NOTICE OF COLLECTIVE ACTION LAWSUIT. (Attachments: #1 Exhibit 1- Disputed Notice Package) (Barrett, George) Modified text on 11/19/2012 (AYB). |
| Filing 104 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. 216(b) (Santillo, R) |
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Filing 103
STIPULATION and ORDER withdrawing without prejudice #30 Defendants' Motion to Dismiss for Lack of Personal Jurisdiction; withdrawing without prejudice #29 defendants' Motion to Dismiss, Compel Arbitration, and Dismiss Class/Collective Action Allegations or, Alternatively, Motion to Dismiss for Failure to State a Claim. Defendants' time to file a responsive pleading to Plaintiff Bollentino's Complaint is STAYED until further order of the Court. All discovery is STAYED until further order of the Court. Signed by District Judge Tena Campbell on November 14, 2012. (AYB)
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| Filing 102 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 parties appear telephonically: Mr. David Garrison and Mr. Andrew Santillo for the Plaintiff and Mr. Larry Carbo for the Defendants. Mr. Carbo advises the court that defendants at this time will voluntarily withdraw their pending motions and have sent the court a proposed order setting out the dismissals WITHOUT PREJUDICE. Counsel stipulated to conditionally certify the collective action. The parties submitted a proposed order setting forth various deadlines for notice and further action. The court will review the proposed order and instructs the parties that on or before November 26, 2012, they are to submit to the court their proposed versions of the Notice of Collective Action Lawsuit to be mailed to the FLSA Collective and any authority in support of their respective positions. The parties are referred to the stipulation and order submitted on November 14, 2012.(Court Reporter Patti Walker) (Campbell, Tena) |
| Filing 101 NOTICE by Jennifer Kiefer of Consent of JENNIFER KIEFER to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 100 NOTICE by Kianas Smalls of Consent of KIANAS SMALLS to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 99 NOTICE by Torreze Days of Consent of TORREZE DAYS to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 98 NOTICE by Daniel Prinzo of Consent of DANIEL PRINZO to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| RESET NOTICE of Status Conference and Hearing on #29 MOTION to Dismiss and Compel Arbitration and #30 MOTION to Dismiss for Lack of Jurisdiction : Motion Hearing RESET for 11/14/2012 at 2:00 PM in Courtroom #103, Frank E. Moss Courthouse, 350 South Main Street, Salt Lake City, UTAH, before District Judge Tena Campbell. (AYB) |
| Filing 97 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) |
| Filing 96 NOTICE by Giuseppe Anile of Consent of GIUSEPPE ANILE to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| NOTICE OF CANCELLATION OF HEARING: Please note that the Status Conference set for 10/26/2012 at 10:00 AM in Courtroom 3A - Knoxville before District Judge Tena Campbell has been CANCELLED. The hearing will be reset by separate notice for a later date. (KMK) |
| NOTICE of Status Conference and Hearing on #29 MOTION to Dismiss and Compel Arbitration MOTION to Compel MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #30 MOTION to Dismiss for Lack of Jurisdiction : Motion Hearing set for 10/26/2012 at 10:00 AM in Courtroom 3A - Knoxville before District Judge Tena Campbell. (AYB) |
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Filing 95
ORDER REASSIGNING CASE: Pursuant to 28 U.S.C. 455(b)(2), The Honorable Thomas A. Varlan, United States District Judge, has recused himself in this cause. Accordingly, it is ORDERED that this case is hereby REASSIGNED to the Honorable Tena Campbell, United States District Judge, for all further proceedings. Signed by District Judge Curtis L Collier on 10/16/2012. (KMK)
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| NOTICE of Hearing: Status Conference set for 10/26/2012 at 10:00 AM in Courtroom 3A - Knoxville before District Judge Tena Campbell. (KMK) |
| Filing 94 NOTICE by Chris Gordon of Consent of CHRIS GORDON to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 93 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. 216(b) (Santillo, R) |
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Filing 92
ORDER OF RECUSAL. Signed by District Judge Thomas A Varlan on 10/9/12. (ABF)
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| Filing 91 NOTICE by Dezmond T. Alexanders of Consent of DEZMOND T. ALEXANDERS to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 90 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. (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). |
| Filing 89 NOTICE by Rockmeyer Estes of Consent of ROCKMEYER ESTES to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 88 NOTICE by Jennifer Temple of Consent of JENNIFER TEMPLE to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 87 NOTICE by Rebecca Chalson of Consent of REBECCA CHALSON to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 86 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. 216(b) (Santillo, R) |
| Filing 85 NOTICE by Lindsey C. Pursley of Consent of LINDSEY C. PURSLEY to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 84 NOTICE by Marc S. Destinoble of Consent of MARC S. DESTINOBLE to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 83 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) (Santillo, R) |
| Filing 82 NOTICE by Nathan Damboise of Consent of NATHAN DAMBOISE to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 81 NOTICE by Shawn Stanton of Consent of SHAWN STANTON to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 80 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. 216(b) (Santillo, R) |
| Filing 79 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) |
| Filing 78 NOTICE by Robert Edgar of Consent of ROBERT EDGAR to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) Modified text on 9/13/2012 (ABF). |
| Filing 77 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) |
| Filing 76 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. 216(b) (Santillo, R) |
| Filing 75 NOTICE by Terrence Mack of Consent of TERRENCE MACK to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 74 NOTICE by Guerfalone Destinoble of Consent of GUERFALONE DESTINOBLE to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 73 NOTICE by Patrick J. Foster of Consent of PATRICK J. FOSTER to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 72 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. 216(b) (Santillo, R) |
| Filing 71 NOTICE by Elvers Brooks of Consent of ELVERS BROOKS to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 70 NOTICE by Nicholas Bolletino OF FILING NOTICE OF CONSENT (Attachments: #1 Exhibit A- Signed Consent Form)(Garrison, David) |
| Filing 69 NOTICE by Lester Levine of Consent of LESTER LEVINE to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 68 NOTICE by Aaron Floyd of Consent of AARON FLOYD to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Santillo, R) |
| Filing 67 NOTICE by Sandra Fite of Consent of SANDRA FITE to Become a Party Plaintiff Pursuant to FLSA Section 16(b), 29 U.S.C. 216(b) (Winebrake, Peter) |
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Filing 66
ORDER granting in part and denying in part #49 Defendants' Motion for Stay of Discovery and Rule 26 Disclosures and #58 Plaintiffs' Motion for Equitable Tolling on Behalf of Potential Opt-in Plaintiffs. 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 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 this case in its entirety. In addition, the statutes of limitations applicable to the FLSA claims that Plaintiffs seek to litigate on behalf of themselves and any opt-in plaintiffs are TOLLED from June 6, 2012, until the stay of discovery is lifted. Signed by Magistrate Judge H Bruce Guyton on August 9, 2012. (AYB)
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| NOTICE of Hearing on #29 and #30 MOTIONS to Dismiss and to Compel Arbitration: Motion Hearing set for 10/9/2012 02:00 PM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. (ABF) |
| Filing 65 RESPONSE re #62 Notice (Other), filed by Nicholas Bolletino to Clarify his Position Regarding Discovery. (Carbo, Charles) |
| Filing 64 RESPONSE in Opposition re #58 MOTION Equitable Tolling on Behalf of Potential Opt-In Plaintiffs 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. (Attachments: #1 Other Unpublished Cases, #2 Text of Proposed Order)(Carbo, Charles) |
| Filing 63 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. Arguments heard. Court took matter under advisement.(Court Reporter Jolene Owen) (MGM) |
| Filing 62 NOTICE by Nicholas Bolletino re #49 MOTION to Stay Discovery and Rule 26 Disclosures and Memorandum of Law in Support Thereof PLAINTIFFS NOTICE OF FILING TO CLARIFY HIS POSITION REGARDING DEFENDANTS MOTION TO STAY DISCOVERY (Garrison, David) |
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Filing 61
ORDER REFERRING plaintiff's #58 MOTION Equitable Tolling on Behalf of Potential Opt-In Plaintiffs filed by Nicholas Bolletino, William Love, III to Magistrate Judge H. Bruce Guyton for his consideration and determination or report and recommendation, as may be appropriate. Signed by District Judge Thomas A Varlan on 7/25/12. (ADA)
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| Filing 60 NOTICE of Appearance by R. Deno Cole on behalf of All Defendants (Cole, R.) |
| Filing 59 MEMORANDUM in Support of Motion re #58 MOTION Equitable Tolling on Behalf of Potential Opt-In Plaintiffs filed by Nicholas Bolletino, William Love, III. (Attachments: #1 Exhibit Exhibit A)(Barrett, George) |
| Filing 58 MOTION Equitable Tolling on Behalf of Potential Opt-In Plaintiffs by Nicholas Bolletino, William Love, III. (Barrett, George) |
| NOTICE of Hearing: Motion Hearing re #50 Motion to Stay set for 7/25/2012 02:30 PM in Courtroom 3A - Knoxville before Magistrate Judge H Bruce Guyton. (MGM) |
| Filing 57 REPLY to Response to Motion re #29 MOTION to Dismiss and Compel Arbitration MOTION to CompelMOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PLAINTIFFS SUR-REPLY IN OPPOSITION TO CELLULAR SALES 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 filed by Nicholas Bolletino. (Attachments: #1 Exhibit A Email of May 22, 2012, #2 Exhibit B Email of June 1, 2012, #3 Exhibit C Declaration of William Love, III, #4 Other Unpublished Case Law)(Tift, Scott) |
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Filing 56
ORDER granting #53 Motion for Leave to File Sur-Reply. Plaintiff is DIRECTED to file the proposed sur-reply in the record of this case. 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. Signed by District Judge Thomas A Varlan on 6/28/12. (ABF)
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| Reset Deadlines as to #29 and #30 MOTIONS to Dismiss and to Compel Arbitration. Motion Hearing reset for 10/9/2012 02:00 PM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan per Order #56 . (ABF) |
| Filing 55 RESPONSE in Opposition re #49 MOTION to Stay Discovery and Rule 26 Disclosures and Memorandum of Law in Support Thereof filed by Nicholas Bolletino. (Tift, Scott) |
| Filing 54 LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to #53 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 by Nicholas Bolletino, William Love, III filed by Nicholas Bolletino, William Love, III. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Garrison, David) |
| Filing 53 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. (Garrison, David) |
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Filing 52
ORDER granting #51 Motion for Hearing. A hearing on defendants' motions to dismiss and to compel arbitration is scheduled for 7/18/12 at 2:00 p.m. Signed by District Judge Thomas A Varlan on 6/13/12. (ABF)
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| Set Deadlines as to #29 MOTION to Dismiss and Compel Arbitration and #30 MOTION to Dismiss for Lack of Jurisdiction. Motion Hearing set for 7/18/2012 02:00 PM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. (ABF) |
| Filing 51 MOTION for Hearing on Pending Motions to Dismiss by Nicholas Bolletino. (Tift, Scott) Modified text on 6/12/2012 (ABF). |
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Filing 50
ORDER REFERRING MOTION: #49 MOTION to Stay Discovery and Rule 26 Disclosures and Memorandum of Law in Support Thereof filed by defendants is referred to the Honorable H. Bruce Guyton, USMJ.Signed by District Judge Thomas A Varlan on 6/8/12. (ABF)
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| Filing 49 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. (Attachments: #1 Text of Proposed Order)(Carbo, Charles) |
| Filing 48 REPORT of Rule 26(f) Planning Meeting. (DeRose, Robert) |
| Filing 47 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. (Attachments: #1 Other Case)(Carbo, Charles) |
| Filing 46 REPLY to Response to Motion re #29 MOTION to Dismiss and Compel Arbitration MOTION to CompelMOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 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. (Attachments: #1 Other Case)(Carbo, Charles) |
| Filing 45 NOTICE by Nicholas Bolletino of Filing of Consent to Become a Party Plaintiff for WILLIAM LOVE, III (Santillo, R) |
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Filing 44
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. Signed by District Judge Thomas A Varlan on 5/22/12. (ABF)
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| Filing 43 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. (Attachments: #1 Text of Proposed Order)(Carbo, Charles) |
| Filing 42 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) |
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Filing 41
SCHEDULING ORDER: Jury Trial set for 5/13/2013 09:00 AM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. 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. (c/m)(ABF)
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| Filing 40 RESPONSE in Opposition re #30 MOTION to Dismiss for Lack of Jurisdiction filed by Nicholas Bolletino. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Barrett, George) |
| Filing 39 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. (Barrett, George) |
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Filing 38
ORDER granting #36 and #37 Motions for C. Larry Carbo III and Ryan O. Cantrell to Appear Pro Hac Vice. Signed by District Judge Thomas A Varlan on 5/14/12. (c/m along with ECF requirement letter) (ABF)
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| Filing 35 NOTICE by Nicholas Bolletino of Withdrawal of Counsel Jenna Wagner (DeRose, Robert) |
| Filing 37 MOTION for Ryan O. Cantrell to Appear Pro Hac Vice (Filing fee $ 60 PAID, Receipt #K3018790.) by Defendants. (Attachments: #1 Supreme Court of TX certificate of good standing, #2 USDC Southern District of TX certificate of good standing)(ABF) |
| Filing 36 MOTION for C. Larry Carbo, III to Appear Pro Hac Vice (Filing fee $ 60 PAID, Receipt #K3018790.) by Defendants. (Attachments: #1 Supreme Court of TX certificate of good standing, #2 USDC Southern District of TX certificate of good standing)(ABF) |
| Filing 34 (Case at Issue) NOTICE of Availability of Magistrate Judge (ADA) |
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Filing 33
ORDER granting #32 Plaintiff's Unopposed Motion for Extension of Timeto File Response to Pending Motions to Dismiss. Plaintiff shall have up to and including May 14, 2012, in which to respond to defendants' motions to dismiss [Docs. 29, 30]. Signed by District Judge Thomas A Varlan on 4/25/12. (ADA)
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| Filing 32 PLAINTIFFS UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PENDING MOTIONS TO DISMISS by Nicholas Bolletino. (Attachments: #1 Text of Proposed Order)(Garrison, David) Modified text on 4/25/2012 (ADA). |
| Filing 31 SUMMONS Returned Executed by Nicholas Bolletino. Cellular Sales of New York, LLC served on 3/27/2012. (Attachments: #1 Other Certified U.S. Mail Receipt- Cellular Sales of New York, LLC)(Garrison, David) |
| Filing 30 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. (Attachments: #1 Exhibit A, A1, A2, A3, B, #2 Text of Proposed Order)(McGehee, Daniel) |
| Filing 29 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. (Attachments: #1 Exhibit Exhibits A, B, B1, B2, B3, C, #2 Text of Proposed Order)(McGehee, Daniel). Added MOTION to Compel {arbitration} and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on 4/17/2012 (ADA). |
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Filing 28
ORDER granting #22 , #23 , #24 , #25 , #26 , and #27 Motions for Leave to Appear Pro Hac Vice for Robert E. DeRose, Katherine A. Stone, Jenna Wagner, Peter Winebrake, R. Andrew Santillo, and Mark J. Gottesfeld, counsel for plaintiff. Signed by District Judge Thomas A Varlan on 4/16/12. (c/m along with ECF info) (ADA)
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| Filing 27 MOTION for Leave to Appear Pro Hac Vice Mark Gottesfeld ( Filing fee $ 60 receipt number 0649-1949862.) by Nicholas Bolletino. (Attachments: #1 Other Certificate of Good Standing EDPA, #2 Other Certificate of Good Standing Sup Ct. PA)(Garrison, David) |
| Filing 26 MOTION for Leave to Appear Pro Hac Vice Robert Andrew Santillo ( Filing fee $ 60 receipt number 0649-1949858.) by Nicholas Bolletino. (Attachments: #1 Other Certificate of Good Standing EDPA, #2 Other Certificate of Good Standing Sup Ct. PA)(Garrison, David) |
| Filing 25 MOTION for Leave to Appear Pro Hac Vice Peter Winebrake ( Filing fee $ 60 receipt number 0649-1949855.) by Nicholas Bolletino. (Attachments: #1 Other Certificate of Good Standing EDPA, #2 Other Certificate of Good Standing Sup Ct. PA)(Garrison, David) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice Jenna Wagner ( Filing fee $ 60 receipt number 0649-1949852.) by Nicholas Bolletino. (Attachments: #1 Other Certificate of Good Standing SDOH, #2 Other Certificate of Good Standing Sup Ct. OH)(Garrison, David) |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice Katherine Stone ( Filing fee $ 60 receipt number 0649-1949843.) by Nicholas Bolletino. (Attachments: #1 Other Certificate of Good Standing SDOH, #2 Other Certificate of Good Standing Sup Ct. OH)(Garrison, David) |
| Filing 22 MOTION for Leave for Robert DeRose to Appear Pro Hac Vice ( Filing fee $ 60 receipt number 0649-1949830.) by Nicholas Bolletino. (Attachments: #1 Other Certificate of Good Standing SDOH, #2 Other Certificate of Good Standing Sup Ct. OH)(Garrison, David) Modified text on 4/10/2012 (ADA). |
| Filing 21 SUMMONS Returned Executed by Nicholas Bolletino. Cellular Sales of Delaware, LLC served on 3/27/2012. (Attachments: #1 Other Certified U.S. Mail Receipt- Cellular Sales of Delaware, LLC)(Garrison, David) |
| Filing 20 Notice of Filing Notice of Consent to become party plaintiff by Nicholas Bolletino (Attachments: #1 Exhibit A - Signed Consent Form)(Garrison, David) Modified text on 4/4/2012 (ADA). |
| Filing 19 SUMMONS Returned Executed by Nicholas Bolletino. Cellular Sales of Texas, LLC served on 3/26/2012. (Attachments: #1 Other Certified U.S. Mail Receipt- Cellular Sales of Texas, LLC)(Garrison, David) |
| Filing 18 SUMMONS Returned Executed by Nicholas Bolletino. Cellular Sales of Ohio, LLC served on 3/27/2012. (Attachments: #1 Other Certified U.S. Mail Receipt- Cellular Sales of Ohio, LLC)(Garrison, David) |
| Filing 17 SUMMONS Returned Executed by Nicholas Bolletino. Cellular Sales of Northern Florida, LLC served on 3/26/2012. (Attachments: #1 Other Certified U.S. Mail Receipt- Cellular Sales of Northern Florida, LLC)(Garrison, David) |
| Filing 16 SUMMONS Returned Executed by Nicholas Bolletino. Cellular Sales of Kentucky, LLC served on 3/26/2012. (Attachments: #1 Other Certified U.S. Mail Receipt- Cellular Sales of Kentucky, LLC)(Garrison, David) |
| Filing 15 SUMMONS Returned Executed by Nicholas Bolletino. Cellular Sales of North Carolina, LLC served on 3/26/2012. (Attachments: #1 Other Certified U.S. Mail Receipt- Cellular Sales of North Carolina, LLC)(Garrison, David) |
| Filing 14 SUMMONS Returned Executed by Nicholas Bolletino. Cellular Sales of Maryland, LLC served on 3/27/2012. (Attachments: #1 Other Certified U.S. Mail Receipt- Cellular Sales of Maryland, LLC)(Garrison, David) |
| Filing 13 SUMMONS Returned Executed by Nicholas Bolletino. Cellular Sales of New Jersey, LLC served on 3/26/2012. (Attachments: #1 Other Certified U.S. Mail Receipt- Cellular Sales of New Jersey, LLC)(Garrison, David) |
| Filing 12 SUMMONS Returned Executed by Nicholas Bolletino. Cellular Sales of Birmingham, LLC served on 3/26/2012. (Attachments: #1 Other Certified U.S. Mail Receipt- Cellular Sales of Birmingham, LLC)(Garrison, David) |
| Filing 11 SUMMONS Returned Executed by Nicholas Bolletino. Cellular Sales of Tennessee, LLC served on 3/26/2012. (Attachments: #1 Other Cert. U.S. Mail Return Receipt- Cellular Sales of Tennessee, LLC)(Garrison, David) |
| Filing 10 SUMMONS Returned Executed by Nicholas Bolletino. Cellular Sales of South Carolina, LLC served on 3/26/2012. (Attachments: #1 Other Cert. U.S. Mail Return Receipt- Cellular Sales of South Carolina, LLC)(Garrison, David) |
| Filing 9 SUMMONS Returned Executed by Nicholas Bolletino. Cellular Sales of Pennsylvania, LLC served on 3/26/2012. (Attachments: #1 Other Cert. U.S. Mail Return Receipt- Cellular Sales of Pennsylvania, LLC)(Garrison, David) |
| Filing 8 SUMMONS Returned Executed by Nicholas Bolletino. Cellular Sales of Missouri, LLC served on 3/26/2012. (Attachments: #1 Other Cert. U.S. Mail Return Receipt- Cellular Sales of Missouri, LLC)(Garrison, David) |
| Filing 7 SUMMONS Returned Executed by Nicholas Bolletino. Cellular Sales of Mississippi, LLC served on 3/26/2012. (Attachments: #1 Other Cert. U.S. Mail Return Receipt- Cellular Sales of Mississippi, LLC)(Garrison, David) |
| Filing 6 SUMMONS Returned Executed by Nicholas Bolletino. Cellular Sales of Louisiana, LLC served on 3/26/2012. (Attachments: #1 Other Cert. U.S. Mail Return Receipt- Cellular Sales of Louisiana, LLC)(Garrison, David) |
| Filing 5 SUMMONS Returned Executed by Nicholas Bolletino. Cellular Sales of Knoxville, Inc. served on 3/26/2012. (Attachments: #1 Other Cert. U.S. Mail Return Receipt- Cellular Sales of Knoxville, Inc.)(Garrison, David) |
| Filing 4 SUMMONS Returned Executed by Nicholas Bolletino. Cellular Sales of Indiana, LLC served on 3/26/2012. (Attachments: #1 Other Cert. U.S. Mail Return Receipt- Cellular Sales of Indiana, LLC)(Garrison, David) |
| Filing 3 SUMMONS Returned Executed by Nicholas Bolletino. Cellular Sales of Georgia, LLC served on 3/26/2012. (Attachments: #1 Other Cert. U.S. Mail Return Receipt- Cellular Sales of Georgia, LLC)(Garrison, David) |
| Filing 2 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. (Attachments: #1 Other, #2 Other, #3 Other, #4 Other, #5 Other, #6 Other, #7 Other, #8 Other, #9 Other, #10 Other, #11 Other, #12 Other, #13 Other, #14 Other, #15 Other, #16 Other, #17 Other, #18 Other)(KAW) |
| District Judge Thomas A Varlan and Magistrate Judge H Bruce Guyton added. (KAW) |
| Filing 1 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.), filed by NICHOLAS BOLLETINO. (Attachments: #1 Civil Cover Sheet, #2 Other Summons- Cellular Sales of Knoxville, Inc., #3 Other Summons- Cellular Sales of Alabama, #4 Other Summons- Cellular Sales of Delaware, #5 Other Summons- Cellular Sales of Georgia, #6 Other Summons- Cellular Sales of Indiana, #7 Other Summons- Cellular Sales of Kentucky, #8 Other Summons- Cellular Sales of Louisiana, #9 Other Summons- Cellular Sales of Maryland, #10 Other Summons- Cellular Sales of Missouri, #11 Other Summons- Cellular Sales of Mississippi, #12 Other Summons- Cellular Sales of North Carolina, #13 Other Summons- Cellular Sales of New Jersey, #14 Other Summons- Cellular Sales of Northern Florida, #15 Other Summons- Cellular Sales of New York, #16 Other Summons- Cellular Sales of Ohio, #17 Other Summons- Cellular Sales of Pennsylvania, #18 Other Summons- Cellular Sales of South Carolina, #19 Other Summons- Cellular Sales of Tennessee, #20 Other Summons- Cellular Sales of Texas)(Garrison, David) (Attachment 1 replaced on 3/22/2012) (KAW, ). |
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