GALVESTON – Recent Galveston federal court records show that the Southern District of Texas is overseeing a lawsuit accusing 24 Hour Fitness USA, Inc. of terminating a man’s membership over a personal matter with one of its employees.
Salvatore Bonaccorso initiated legal action against 24 Hour Fitness in Galveston County District Court earlier this year, stating that he was in the midst of divorce proceedings from Eliseo Octaviano Flores when the latter assaulted him.
Per Bonaccorso, the defendant notified him that he was banned chain-wide without providing an explanation.
24 Hour Fitness subsequently had the suit elevated to federal court. In an original answer filed earlier this month, the respondent denied Bonaccorso’s allegations.
“By commencing this action, the plaintiff has ignored his obligation to arbitrate the claims he asserts in his petition pursuant to the arbitration provision contained within the plaintiff’s membership agreement,” the response says. “By filing this answer, 24 Hour Fitness does not waive its right to enforce the parties' agreement and compel the plaintiff to arbitrate his claims.”
Attorneys Ricky A. Raven and Stephan D. Selinidis of the law firm Reed Smith, LLP in Houston are representing 24 Hour Fitness.
Galveston District of the Southern District of Texas Case No. 3:17-CV-0060
Galveston County 405th District Court Case No. 17-CV-0098