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Francesco Plazza is known for Fourplay (2018), The Last Trip and Make Me Famous (2021).
- Actor, Producer, Writer
- Francesco Plazza
- Opinion & Order
- A. Plaintiffs' Claims
- B. Defendant's Terms of Service
- II. Procedural History
- III. Legal Standard
- A. The Agreement to Arbitrate
- B. The Enforceability of The Arbitration Clause
- C. to Stay Or Dismiss
- V. Conclusion
VERNON S. BRODERICK, United States District Judge: Plaintiffs Francesco Plazza and Sylvie Naude (collectively, "Plaintiffs") bring this putative class action against Defendant Airbnb, Inc. ("Defendant" or "Airbnb"). Before me is Airbnb's motion to compel arbitration and dismiss the action. Because Plaintiffs and Defendant entered into a valid and e...
Plaintiff Naude originally created her account and registered as a user with Airbnb on July 29, 2009. (Naude Decl. ¶ 3; Miller Decl. ¶¶ 4–5.) Plaintiff Plazza initially registered with Airbnb on August 21, 2011, and created a second account on October 2, 2014. (Plazza Decl. ¶ 2; Miller Decl. ¶¶ 6–9.) Plaintiffs allege that by creating and maintaini...
Since at least 2009, in order to use Airbnb's online platform, Hosts (third parties who offer their accommodations on Airbnb's website) and Guests (third parties who book such accommodations) have been required to create an account. (Miller Decl. ¶¶ 2, 4; see also Naude Decl. ¶ 3; Plazza Decl. ¶ 2.) It is implied, and I assume in connection with my...
Plaintiffs filed their putative class action complaint on February 11, 2016, claiming violations under New York Real Property Law § 440, et seq ., deceptive trade practices under New York General Business Law § 349, fraud, and unjust enrichment. (Compl. ¶¶ 47–73.) In accordance with my Individual Rules, on March 28, 2016, Defendant filed a letter t...
The Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq. , provides that an arbitration provision in a "contract evidencing a transaction involving commerce ... shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." 9 U.S.C. § 2. In creating "a body of federal substant...
Although the Internet age has certainly introduced new twists with regard to entering into contracts, the fundamental elements of contract law, including mutual assent of the parties, have not changed. Meyer , 868 F.3d at 75. Assent may take the form of "words or silence, action or inaction, but ‘[t]he conduct of a party is not effective as a manif...
Notwithstanding the liberal policy favoring arbitration, the FAA still permits the invalidation of an otherwise valid arbitration clause when certain "generally applicable contract defenses, such as fraud, duress, or unconscionability" apply. See Concepcion , 563 U.S. at 339, 131 S.Ct. 1740(citation omitted). Plaintiffs raise two issues they claim ...
Although Defendant urges that I dismiss this action, I find that a stay, rather than dismissal, is appropriate given the Second Circuit's holding in Katz v. Cellco Partnership , 794 F.3d 341 (2d Cir. 2015), and subsequent case law addressing the same issue. In Katz , the Second Circuit, citing Section 3 of the FAA, found that "a stay of proceedings...
For the foregoing reasons, Defendant's motion to compel arbitration and dismiss the action is GRANTED in part and DENIED in part, and this action is STAYED pending the outcome of arbitration. The Clerk of the Court is respectfully directed to close this motion on the docket. SO ORDERED.
View Francesco Plazza’s profile on LinkedIn, the world’s largest professional community. Francesco has 6 jobs listed on their profile.
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Francesco Plazza is a actor and writer known for Fourplay, Remembering Love Eterne (S) and Love Eterne
Explore the filmography of Francesco Plazza on Rotten Tomatoes! Discover ratings, reviews, and more. Click for details!
Articles 1–20. Università di Firenze, Dipartimento di Fisica e Astronomia - Cited by 3,137 - Biological physics - statistical physics.
Francesco Plazza | LinkedIn. CEO & President at Tile & Stone of Italy. Sarasota, Florida, United States. 498 followers 490 connections. Tile & Stone of Italy. Florida Atlantic University....
- 498 followers
