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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.