McCall v. SSC Montgomery South Haven Operating Company, LLC et al

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, )

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?