Pandemic Darlings The pandemic economy, in original documents
Home Court filings Fountainhead SBF, LLC v. OTO Analytics, Inc. d/b/a Womply Motion to Dismiss or Stay and Compel Arbitration — Fountainhead v. Womply

Court filing

Motion to Dismiss or Stay and Compel Arbitration — Fountainhead v. Womply

Filed September 20, 2021 in Fountainhead v. Oto Analytics Womply; one of 8 filings from this case.

Record facts

CourtCircuit Court of the 18th Judicial Circuit, Seminole County, Florida — Civil Division
Filed2021-09-20

Full text

Filing # 134870031 E-Filed 09/20/2021 09:17:31 AM

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA

FOUNTAINHEAD SBF,
Plaintiff, CIVIL DIVISION

V.

OTO ANALYTICS, INC. d/b/a WOMPLY, CASE NO.: 2021-CA-002143

Defendant.

Nem Nee Nee Ne ee ee ee ee ee ee ee”

DEFENDANT’S MOTION TO DISMISS OR TO STAY AND COMPEL ARBITRATON

Defendant, OTO Analytics, Inc. d/b/a Womply (“Womply”), by and through its
undersigned counsel, moves the Court to dismiss the Complaint filed by Plaintiff, Fountainhead
SBF (“Plaintiff”), or to stay the action and compel Plaintiff to pursue its claims, if at all, in
arbitration. In support, Womply states:

1. For the reasons stated in Womply’s Motion to Compel Arbitration and Opposition
to Plaintiff's Verified Amended Petition for Order to Show Cause for Expedited Temporary
Injunctive Relief filed on September 13, 2021, incorporated herein by reference, all issues raised
in Plaintiff's Complaint are arbitrable and the Court should compel arbitration of the claims
raised in the Complaint and stay or dismiss this action.

WHEREFORE, Womply respectfully requests that the Court enter an Order staying or
dismissing this action and directing Plaintiff to submit its claims to arbitration and granting such

other and further relief as the Court deems proper.

*#%* E-FILED: GRANT MALOY, CLERK OF CIRCUIT COURT SEMINOLE COUNTY, FL 09/20/2021 09:17:31 AM.***#*

Dated this 20" day of September, 2021.

/s/ Emily J. Lang

Kevin D. Fowler

Florida Bar No. 091110

Primary email: kfowler@foley.com
Secondary email: bshelley@foley.com
Emily J. Lang

Florida Bar No. 1011367

Primary: elang@foley.com
Secondary: dburgos@foley.com
FOLEY & LARDNER LLP

301 East Pine Street, Suite 1200
Orlando, FL 32801

Tel. 407.244.3235

Fax 407.648.1743

Attorneys for Defendant OTO Analytics Inc.
d/b/a Womply

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Motion was

electronically filed with the Clerk of the Court using the Florida Court eFiling Portal this 20" day

of September, 2021.

/s/ Emily J. Lang
Emily J. Lang
Florida Bar No.: 1011367

File and source

File
CASE_FLSEM18_2021CA002143_Fountainhead-v-Oto-Womply_doc16_MOTION-DISMISS-STAY-ARBITRATION_2021-09-20.pdf
Size
108,503 bytes
SHA-256
42161a4b5f46cc352dee3b6e85d9bcc037f12bb2e790e3e1a377f981ec1a0e85
Our copy
CASE_FLSEM18_2021CA002143_Fountainhead-v-Oto-Womply_doc16_MOTION-DISMISS-STAY-ARBITRATION_2021-09-20.pdf
Original
No public link identified.
Back to top