UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No.: 0:22-cv-61270-WPD

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

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

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,

(11th Cir. 1988), cert. denied,

(1988); RTC v. Hallmark Builders, Inc.,

(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 in Chambers at Fort Lauderdale, Broward County, Florida, this 13th day of January, 2023. fl } “a 4 : “4 jf f ? i teen eo #4 v Paty 4 ‘4 ase Af CA MAGIA AYN GC VILLIAM P. DIMITROULEAS Copies to: United States District Judge Counsel of record