Moore v. SSC Montgomery South Haven Operating Company LLC

Filing 10

ORDER: 1) The Defendant's 4 Motion to Compel Arbitration and to Stay Proceedings is GRANTED. 2) The Plaintiff is ORDERED to submit the claims in the Complaint to binding arbitration in accordance with the terms of the Dispute Resolution Agreem ent signed by Mattie Madison Moore at the time Joe Moore was admitted to South Haven Health and Rehabilitation Center. 3) This case is STAYED pending arbitration. 4) The parties are DIRECTED to file a notice with the court when arbitration has been concluded. If arbitration has not been concluded by 5/3/2012, the parties are DIRECTED to file a joint status report at that time. Signed by Honorable W. Harold Albritton, III on 5/3/2011. (dmn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
MATTIE MOORE as Attorney in Fact and
NEXT FRIEND OF JOE MOORE,
Plaintiff,
v.
SSC MONTGOMERY SOUTH HAVEN
OPERATING COMPANY, LLC, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

Case Number 2:11cv282-WHA
(wo)

ORDER
This cause is before the court on the Defendant SSC Montgomery South Haven
Operating Company, LLC’s Motion to Compel Arbitration and Stay Proceedings (Doc. #4).1
The Plaintiff concedes that the motion is due to be granted and asks the court to retain
jurisdiction while the case is stayed.
For good cause shown it is hereby ORDERED as follows:
1) The Defendant’s Motion to Compel Arbitration and to Stay Proceedings is
GRANTED.
2) The Plaintiff is ORDERED to submit the claims in the Complaint to binding
arbitration in accordance with the terms of the Dispute Resolution Agreement signed by Mattie
Madison Moore at the time Joe Moore was admitted to South Haven Health and Rehabilitation
Center.

1

The other defendants contained in the caption of the Complaint were named only as
fictitious parties when the case was originally filed in state court, before the case was removed to
federal court on the basis of diversity jurisdiction. All fictitious Defendants are hereby
ORDERED STRICKEN.

3) This case is STAYED pending arbitration.
4) The parties are DIRECTED to file a notice with the court when arbitration has been
concluded. If arbitration has not been concluded by May 3, 2012, the parties are DIRECTED to
file a joint status report at that time.

Done this 3rd day of May, 2011.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE

2