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