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Galvez v. JetSmarter Inc.

Parties Validly Agreed to Arbitrate Through Use of 'Clickwrap' Agreement

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OPINION & ORDER   Plaintiff Leonardo Galvez brings this breach of contract and fraud action against Defendants JetSmarter, Inc. (“JetSmarter”), JetSmarter Senior Membership Executive Brent Hollenbach, and John Does 1-4, officers and managers of JetSmarter, arising out of an agreement pursuant to which JetSmarter agreed to provide Plaintiff with certain travel-related services. Before me is Defendants’ motion to dismiss Plaintiff’s complaint and to compel arbitration. Because I find that the parties entered into a valid agreement to arbitrate and because they delegated the question of the scope of the agreement’s arbitration provision to the arbitrator, Defendants’ motion to compel arbitration is granted. However, Defendants’ motion to dismiss the action is denied and the proceeding will instead be stayed pending arbitration. Accordingly, Defendants’ motion is GRANTED IN PART and DENIED IN PART. I. Background1 Defendant JetSmarter is a corporation that provides air transportation to customers seeking an alternative to commercial carriers and private jet ownership. (Compl. 4.) Defendant Brent Hollenbach is a “Senior Membership Executive” at JetSmarter who, in April 2015, contacted Plaintiff Leonardo Galvez to share with him information about JetSmarter’s membership program. (Id.

5, 7.) After speaking with Hollenbach, Plaintiff signed up for JetSmarter’s services online by entering into a Membership Agreement with JetSmarter and paying the $8,499 membership fee. (Id. 8; Kirsanov Decl.

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