Kinney v. SSC Selma Operating Company, LLC
Filing
10
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
NORTHERN DIVISION
RUBY KINNEY,
*
*
*
* CIVIL ACTION NO. 17-00159-B
*
*
*
*
*
Plaintiff,
vs.
SSC SELMA OPERATING COMPANY,
LLC.,
Defendant.
ORDER
This action is before the Court on
Operating
Company,
Alternative,
LLC’s
Motion
to
Motion
Compel
to
Defendant SSC Selma
Dismiss
Arbitration
and
(Doc.
in
4).
the
Upon
consideration, the motion is granted, in part, and denied, in
part.
Plaintiff filed this action alleging various claims related
to her treatment while a resident at Warren Manor.
Defendant
SSC Selma Operating Company, LLC d/b/a Warren Manor filed the
instant motion and asserts that Plaintiff’s claims are covered
under
a
valid
and
(Docs. 4, 4-2).
enforceable
dispute
resolution
agreement.
Defendant contends that the agreement affects
interstate commerce and is governed by the Federal Arbitration
Act.
In Plaintiff’s response (Doc. 9), she acknowledges that
her claims are covered by the arbitration agreement and advises
that
counsel
for
the
parties
have
conferred
and
agree
that
Plaintiff’s claims should be sent to arbitration and that this
case should be stayed pending arbitration.
Upon
consideration
undersigned
Arbitration.
arbitration
agreement.
Defendant’s
arbitration.
hereby
of
grants
Plaintiff’s
in
accordance
(Doc.
Motion
the
Defendant’s
submissions,
Motion
claims
are
hereby
with
the
parties’
4-2).
to
parties’
The
Dismiss
undersigned
and
stays
this
to
the
Compel
referred
to
arbitration
hereby
denies
action
pending
See Campbell v. Pilot Catastrophe Servs., Inc.,
2010 U.S. Dist. LEXIS 85173, 2010 WL 3306935, *7 (S.D. Ala. Aug.
19,
2010)(“[w]here
satisfying
a
arbitration
plaintiff
initiates
requirements,
litigation
courts
without
routinely
stay
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
proceedings.
2
DONE this 25th day of April, 2017.
/S/ SONJA F. BIVINS
>
UNITED STATES MAGISTRATE JUDGE
3
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