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)

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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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