OPTUMRX v. KING DRUGS INC ET AL (2024)

BY ORDER OF THE COURT:

Within thirty days from the date of this order, Appellant shall provide this court with a supplemental brief that addresses the following issues:

1. Under either the operative Provider Agreement or Provider Manual, or both, is an issue regarding choice of law arbitrable?

2. Assuming that neither section 3 nor section 4 of the Federal Arbitration Act confer jurisdictional power on a Florida circuit court:

a. What would be the jurisdictional effect, if any, of a California choice of law provision in an arbitration agreement for purposes of a Florida court's application of the Florida Arbitration Code to compel arbitration in California?

b. If the Florida Arbitration Code cannot be applied in this case because of a California choice of law provision, is there an independent source of jurisdiction for a Florida court to compel arbitration in California?

Appellees may file a supplemental answer brief within thirty days of service of Appellant's supplemental brief. A supplemental reply brief may not be filed. Appellant's supplemental brief and Appellees' supplemental answer brief shall not exceed fifteen substantive pages. The parties need not include a statement of the case or a statement of the facts in their supplemental briefs. The parties are cautioned that requests for extensions of time for service of their supplemental briefs are unlikely to receive favorable consideration.

I HEREBY CERTIFY that the foregoing is a true copy of the original court order.

ds

Served:

ALEXANDRA MORA, ESQ.

MARK R. ROSEN, ESQ.

NDIFREKE UWEM, ESQ.

SEAN ESTES, ESQ.

KRISTEN M. FIORE, ESQ.

MICHAEL J. HOLECEK, ESQ.

RICHARD E. MILLER, ESQ.

HILLSBOROUGH CLERK