Redbox Is Granted Leave to File Reply in Support of Its Motion to Compel
U.S. District Judge Virginia Hernandez Covington for Middle Florida in Tampa granted Redbox’s Nov. 15 motion for leave to file a reply brief in further support of its Oct. 31 motion to compel plaintiff Ruby Gamez’s Florida Telephone Solicitation Act…
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claims to arbitration (see 2311020049), said her text-only endorsed order Friday (docket 8:23-cv-01497). Though Covington recognizes that Gamez opposes Redbox’s motion for leave, the judge determines that its reply “would be useful in resolving the pending motion to compel arbitration,” said the order. She gave Redbox until Wednesday to file a reply of no more than five pages. Gamez alleges Redbox phoned her and countless other Florida consumers to promote its goods and services without their prior express written consent, as the FTSA requires. But Gamez “expressly agreed,” at least three times before receiving an allegedly unlawful call from Redbox, to arbitrate all disputes with the company, said Redbox’s motion to compel.