McCall v. SSC Montgomery South Haven Operating Company, LLC (JOINT ASSIGN)(MAG2)
Filing
83
JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) This case is stayed pending arbitration. (2) All pending motions are denied his moot. 3 (3) This case is closed administratively. This case will be reopened upon request of one or all of the parties. Signed by Honorable Judge Myron H. Thompson on 5/31/2016. (kh, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
LYNDON F. McCALL, Personal
Representative of the
Estate of Yvonne J.
McCall, Deceased,
)
)
)
)
)
Plaintiff,
)
)
v.
)
)
SSC MONTGOMERY SOUTH HAVEN )
OPERATING COMPANY, LLC,
)
d/b/a South Haven Health
)
and Rehabilitation Center, )
et al.,
)
)
Defendants.
)
CIVIL ACTION NO.
2:14cv588-MHT
(WO)
JUDGMENT
This matter is before the court on the parties’
joint stipulation of dismissal without prejudice. In
this
stipulation,
unequivocally
agree
the
to
parties
submit
this
expressly
case
to
and
binding
arbitration.
However,
in
other
respects
the
stipulation
is
unclear. On the one hand, the parties agree to the
dismissal of this matter without prejudice, a result
that would mean that the case is at an end in this
court
(albeit
permanently.
without
prejudice)
and
closed
On the other hand, the parties request
that the case be placed on the court’s administrative
docket, a result that is usually reserved for cases
that are not over but rather are simply stayed and
closed
“administratively”
pending
disposition
of
the
matter in another forum or pending resolution of an
underlying and important issue in another forum.
Because of this ambiguity, the court has decided to
take the latter, more conservative approach of simply
staying the case and closing it administratively. Of
course, if the court has chosen the wrong path, the
parties can always ask for reconsideration.
***
Accordingly, it is the ORDER, JUDGMENT, and DECREE
of the court as follows:
(1) This case is stayed pending arbitration.
(2) All pending motions are denied his moot.
2
(3) This case is closed administratively. This case
will be reopened upon request of one or all of the
parties.
DONE, this the 31st day of May, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
3
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