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Helly v. Shutterfly Lifetouch, Inc.

United States District Court, Southern District of Florida
Jan 13, 2023
0:22-cv-61270-WPD (S.D. Fla. Jan. 13, 2023)

Summary

finding conspicuous notice where text was contrasted from white background, surrounded by less text, and key phrasing was one sentence, not a longer paragraph of disclaimers

Summary of this case from Daschbach v. Rocket Mortg.

Opinion

0:22-cv-61270-WPD

01-13-2023

LISA CRICHLOW HELLY, individually and on behalf of all others similarly situated, Plaintiff, v. SHUTTERFLY LIFETOUCH, INC., Defendant.


ORDER ADOPTING AND APPROVING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE; GRANTING DEFENDANT'S MOTION TO COMPEL ARBITRATION

WILLIAM P DIMITROULEAS, United Stales District Judge.

THIS CAUSE is before the Court upon Defendant Lifetouch, Inc.'s Motion to Compel Arbitration and Dismiss/Stay Proceedings (the “Motion”) [DE 9] and the December 29, 2022 Report and Recommendation of United States Magistrate Judge Patrick M. Hunt (the “Report”) [DE 17]. The Court notes that no objections to the Report [DE 17] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge's factual findings in the Report [DE 17] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F.2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993).

Although no timely objections were filed, the Court has conducted a de novo review of the Report [DE 17] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge's analysis and conclusions.

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. The Report [DE 17] is hereby ADOPTED and APPROVED;

2. Defendant Lifetouch, Inc.'s Motion to Compel Arbitration and Dismiss/Stay Proceedings [DE 9] is hereby GRANTED IN PART AND DENIED AS PART as follows:

a. Plaintiff is hereby COMPELLED to attend arbitration on an individual basis;
b. The class allegations in Plaintiff's Complaint are hereby STRICKEN;
c. This action is hereby STAYED pending arbitration;
d. The Clerk is DIRECTED to ADMINISTRATIVELY CLOSE this case and DENY AS MOOT any pending motions.

DONE AND ORDERED.


Summaries of

Helly v. Shutterfly Lifetouch, Inc.

United States District Court, Southern District of Florida
Jan 13, 2023
0:22-cv-61270-WPD (S.D. Fla. Jan. 13, 2023)

finding conspicuous notice where text was contrasted from white background, surrounded by less text, and key phrasing was one sentence, not a longer paragraph of disclaimers

Summary of this case from Daschbach v. Rocket Mortg.
Case details for

Helly v. Shutterfly Lifetouch, Inc.

Case Details

Full title:LISA CRICHLOW HELLY, individually and on behalf of all others similarly…

Court:United States District Court, Southern District of Florida

Date published: Jan 13, 2023

Citations

0:22-cv-61270-WPD (S.D. Fla. Jan. 13, 2023)

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