Fitzer v. Zynga, Inc.

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTER DIVISION
JILL FITZER, on behalf of herself and all
others similarly situated,
Plaintiff,
v.
ZYNGA, INC.,
Defendant.
Case No. 2:25-cv-01262-JLG-CMV
Judge James L. Graham
JOINT STIPULATION AND
[PROPOSED] ORDER SUBMITTING
PLAINTIFF’S CLAIMS TO
ARBITRATION, STAYING CASE, AND
PRESERVING POSITIONS
Plaintiff Jill Fitzer and Defendant Zynga, Inc. (“Zynga”) stipulate and agree as follows:
WHEREAS, Plaintiff filed the Complaint in this action on October 28, 2025 (Doc.# 1);
WHEREAS, Zynga filed on January 14, 2026 (Doc.# 4) a Motion to Compel Arbitration
of all of Plaintiff’s claims pursuant to the terms of the Arbitration Agreement contained within
Zynga’s Terms of Service and Plaintiff’s opposition to that motion is currently due on February
4, 2026; and
WHEREAS, the parties have met and conferred and agree that Plaintiff’s claims should
be submitted to arbitration in the first instance and that this action should be stayed pending the
outcome of the arbitration pursuant to Supreme Court precedent. Smith v. Spizzirri, 601 U.S.
472, 474 (2024).
NOW, THEREFORE, the Parties stipulate and agree, subject to this Court’s approval,
that:
1. All of the claims Plaintiff has submitted in this action shall instead be submitted to
arbitration in the first instance.
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2. This Court shall stay all proceedings in this matter including all pending deadlines.
3. By agreeing to submit her claims to arbitration, Plaintiff does not waive, and expressly
reserves, all arguments as to the scope of the arbitration, including but not limited to, all
arguments as to the formation, validity, and enforceability of the terms of service, the
arbitration provision, and the delegation provision contained within the arbitration
provision, as well as which terms, if any, apply. By agreeing to submit to arbitration in
the first instance, Plaintiff is not waiving any arguments in opposition to Zynga’s
arguments in paragraph 4.
4. By agreeing to submit Plaintiff’s claims to arbitration, Zynga does not waive, and
expressly reserves all arguments in opposition to Plaintiff’s above-enumerated
reservations, as well as all additional defenses, including but not limited to defenses: that
could be raised pursuant to F.R.C.P. Rule 12(b), that Plaintiff lacks standing to pursue his
claims, that Plaintiff has failed to state a claim under Ohio law, that New York law (not
Ohio law) governs this case, that Plaintiff’s claims must be dismissed subject to the class
action waiver contained within Zynga’s Terms of Service and Arbitration Agreement,
that Plaintiff’s recovery, if any, is limited by the limitation of liability contained with
Zynga’s Terms of Service, and that upon return this case should be transferred to New
York pursuant to the forum selection clause contained within Zynga’s Terms of Service.
Nothing herein shall be read or implied as a concession regarding any of Zynga’s
defenses.
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DATED: February 3, 2026
By: Per email authorization 2/3/26
Dargan M. Ware
DAVIS & NORRIS, LLP
2154 Highland Avenue South
Birmingham, Alabama 35205
Telephone: 205.930.9900
dware@davisnorris.com
Joshua D. Rockwell
ROCKWELL LLC
47 East Wilson Bridge Road
Worthington, Ohio 43085
Telephone: (614) 315-1970
jrockwel@lawrockwell.com
Attorney for Plaintiff
Jill Fitzer
Respectfully submitted,
By: /s/ Robin D. Miller
Robin D. Miller (0074375)
STITES & HARBISON PLLC
5325 Deerfield Blvd.
Mason, Ohio 45040
Telephone: (513) 445-6597
rmiller@stites.com
Attorney for Defendant
Zynga, Inc.
SO ORDERED this ________ day of _____________, 2026
____________________________________
UNITED STATES DISTRICT JUDGE
/s/James L. Graham
4th	February
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