Diversicare Leasing Corporation et al v. Nowlin

Filing 17

ORDER denying 6 Motion for Summary Judgment and granting 9 Response/Cross Motion for Summary Judgment; state court proceedings in connection with Defendant Barbie Nowlins claims against Plaintiffs are enjoined pending arbitration; parties to notify the Court within 30 daysof the name of an arbitrator that they have agreed upon the Court to appoint. Signed by Honorable Susan O. Hickey on November 18, 2011. (cnn)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION

DIVERSICARE LEASING CORPORATION,
d/b/a OUACHITA NURSING AND
REHABILITATION CENTER;
DIVERSICARE MANAGEMENT SERVICES
COMPANY; AND ADVOCAT, INC.

VS.

PLAINTIFFS

CASE NO. 11-CV-1037

BARBIE NOWLIN, AS SPECIAL PERSONAL
REPRESENTATIVE OF THE ESTATE OF NANCY
LOUISE JONES, DECEASED, AND ON BEHALF OF
THE WRONGFUL DEATH BENEFICIARIES OF
NANCY LOUISE JONES

DEFENDANT

ORDER
Plaintiffs Diversicare Leasing Corporation d/b/a Ouachita Nursing and Rehabilitation Center
(“ONRC”), Diversicare Management Services (“Diversicare”), and Advocat, Inc. (“Advocat”) filed a
Complaint to Compel Arbitration seeking to enjoin an action filed by Defendant Barbie Nowlin in the Circuit
Court of Ouachita County. (ECF. No. 1). This matter is now before the Court on Defendant’s Motion for
Summary Judgment. (ECF No. 6). Plaintiff has filed a Response and Cross Motion for Summary Judgment.
(ECF No. 9). Defendant has replied. (ECF No. 13). The Court finds this matter ripe for consideration.
For the reasons discussed in the Memorandum Opinion of even date, the Court finds that Defendant
Barbie Nowlin’s Motion for Summary Judgment against Plaintiffs (ECF No. 6) is DENIED. Plaintiffs
ONRC, Diversicare, and Advocat’s Cross-Motion for Summary Judgment (ECF No. 9) is GRANTED. All
state court proceedings in connection with Defendant Barbie Nowlin’s claims against Plaintiffs are enjoined
pending arbitration. It is further ORDERED that Plaintiffs and Defendant notify the Court within 30 days
of the name of an arbitrator that they have agreed upon the Court to appoint.
IT IS SO ORDERED, on this 18th day of November, 2011.

/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge