Defendant's Attorney: David B. Massey, Jeffrey B. Fabian, and Ernest Joseph Marquart

Description: West Palm Beach, Florida employment law lawyer represented the Plaintiff who sued the Defendant on a breach of contract theory.

This case was filed in the 15th Judicial Circuit, Palm Beach County, FL, 50-02023-CA-000091, and was removed to federal courts by the Defendant.

Defendant Cryo-Cell International, Inc. is an umbilical cord blood bank. Lindsey Lehr contracted for services from Cryo-Cell. She filed a putative class action in Palm Beach Circuit Court alleging five claims: (1) deceptive and unfair trade practices, (2) breach of contract, (3) unjust enrichment, (4) declaratory judgment, and (5) fraudulent inducement. ECF No. 1-2. Cryo-Cell removed the case to federal court.

Defendant moved to compel arbitration. Like many cases involving contractual arbitration clauses, the pending motion presents the question, “Who should decide?” Here, a AAA arbitrator, not an administrator, is the proper decisionmaker.

Outcome: 10/10/2023 41 ORDER ACCEPTING MAGISTRATE JUDGE'S 29 REPORT AND RECOMMENDATION: Defendant's Motion to Compel Arbitration [ECF No. 5] is GRANTED. Defendant's Motion to Stay [ECF No. 6] is GRANTED. Plaintiff's Motion for Leave to File Reply in Support of Her Objections to Report and Recommendation [ECF No. 39] is DENIED. This case is STAYED without prejudice pending arbitration. The Clerk of Court shall CLOSE this case for administrative purposes only. Certificate of Appealability: No Ruling. Closing Case. Signed by Judge Aileen M. Cannon on 10/10/2023. See attached document for full details. (scn) (Entered: 10/10/2023)

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