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CAREY v. 24 HOUR FITNESS, USA, INC.

No. 10-20845.

669 F.3d 202 (2012)

John CAREY, Individually and On Behalf of Other Employees Similarly Situated, Plaintiff-Appellee, v. 24 HOUR FITNESS, USA, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 25, 2012.

Attorney(s) appearing for the Case

Trang Quoc Tran , Trial Atty. (argued), Tran Law Firm, L.L.P., Houston, TX, for Plaintiff-Appellee.

Robert J. Carty, Jr. (argued), Kate Lesley Birenbaum , Seyfarth Shaw, L.L.P., Houston, TX, for Defendant-Appellant.

Before SMITH, PRADO and ELROD, Circuit Judges.

PRADO, Circuit Judge:

Appellant 24 Hour Fitness, USA, Inc. appeals the district court's denial of its motion to stay proceedings and compel arbitration of Appellee John Carey's claim. The district court held that the binding arbitration provision relied upon by 24 Hour Fitness is illusory because 24 Hour Fitness "retain[ed] the unilateral right to modify or terminate the arbitration provision" at any time. For the reasons stated below, we AFFIRM.

I. FACTUAL...

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