Kinney v. SSC Selma Operating Company, LLC
ORDER granting in part and denying in part 4 Motion to Compel Arbitration as set out. The parties are ordered to file every six months, beginning October 26, 2017, a joint written report reflecting the status of the arbitrationproceedings. Signed by Magistrate Judge Sonja F. Bivins on 4/25/2017. Copies to parties. (mpp)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
* CIVIL ACTION NO. 17-00159-B
SSC SELMA OPERATING COMPANY,
This action is before the Court on
Defendant SSC Selma
consideration, the motion is granted, in part, and denied, in
Plaintiff filed this action alleging various claims related
to her treatment while a resident at Warren Manor.
SSC Selma Operating Company, LLC d/b/a Warren Manor filed the
instant motion and asserts that Plaintiff’s claims are covered
(Docs. 4, 4-2).
Defendant contends that the agreement affects
interstate commerce and is governed by the Federal Arbitration
In Plaintiff’s response (Doc. 9), she acknowledges that
her claims are covered by the arbitration agreement and advises
Plaintiff’s claims should be sent to arbitration and that this
case should be stayed pending arbitration.
See Campbell v. Pilot Catastrophe Servs., Inc.,
2010 U.S. Dist. LEXIS 85173, 2010 WL 3306935, *7 (S.D. Ala. Aug.
rather than dismiss the proceedings to allow for implementation
of the agreed-upon dispute resolution mechanism.”).
Notwithstanding the determination that Plaintiff’s claims
must be arbitrated, this Court retains jurisdiction to confirm
or vacate the resulting arbitration award under 9 U.S.C. §§ 910.
TranSouth Financial Corp. v. Bell, 149 F. 3d. 1292, 1297
(llth Cir. 1998).
To enable this Court to monitor this action
as it wends through the arbitration process, the parties are
ordered to file every six months, beginning October 26, 2017, a
joint written report reflecting the status of the arbitration
DONE this 25th day of April, 2017.
/S/ SONJA F. BIVINS
UNITED STATES MAGISTRATE JUDGE
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