HURLEY v. GGNSC TIFTON LLC et al

Filing 9

ORDER granting 8 Motion Granting Limited Discovery and extension. Ordered by Judge Hugh Lawson on 4/8/2013. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION

BOBBY LEE HURLEY, JR. as
Administrator of the Estate of JESSIE
MAE HURLEY, Deceased and on Behalf
of the Wrongful Death Beneficiaries of
JESSIE MAE HURLEY, Deceased

Plaintiff,
vs.
GGNSC TIFTON, L.L.C. and
GGNSC EQUITY HOLDINGS, L.L.C.
Defendants,

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) CIVIL ACTION FILE
) NO. 7:13-cv-00032-HL
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ORDER
The Court, having reviewed the parties’ Consent Motion Regarding Limited
Discovery Related to Arbitration Agreement, hereby orders that Plaintiff is
permitted to accomplish the deposition(s) of the person(s) who provided Jessie
Hurley with any admissions paperwork and arbitration agreements related to her
residency at Golden LivingCenter-Tifton (the Facility”) beginning on or about 1
October 3, 2009 and/or who signed any such documents on behalf of Golden
LivingCenter-Tifton and/or who witnessed the signing of any such documents, and
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Defendants are permitted to accomplish the deposition of Plaintiff and/or any
person(s) who signed any such documents on behalf of Jessie Hurley, Joann B.
Jones, and any other witness the parties intend to offer with respect to the
enforceability of the Alternative Dispute Resolution Agreement (“ADR
Agreement”) allegedly executed on October 3, 2009, with all such depositions
being limited to arbitration issues only.
Participation in said depositions shall not be construed as a waiver of the
Defendants’ right to move to compel arbitration, dismiss this case and/or stay any
further discovery.
The Court further orders that the time for Plaintiff to file a response to
Defendants’ Motion to Dismiss, Compel Arbitration, and Stay Discovery and
Defendants’ Brief in Support of Motion to Dismiss, Compel Arbitration, and Stay
Discovery shall be extended until 45 days after the entry of this Order.
Additionally, the period within which the parties may conduct discovery is tolled
until such time as the Court rules on Defendants’ Motion to Dismiss, Compel
Arbitration, and Stay Discovery and Defendants’ Brief in Support of Motion to
Dismiss, Compel Arbitration, and Stay Discovery.
SO ORDERED this ___ day of April, 2013.
8th

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s/ Hugh Lawson

HONORABLE HUGH LAWSON
SENIOR JUDGE,
UNITED STATES DISTRICT COURT

cc:

Eric Milles, Esq.
David C. Marshall, Esq.
Debra E. LeVorse, Esq.

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PREPARED AND PRESENTED BY:
/s/ Debra E. LeVorse
David C. Marshall
Georgia Bar No. 471512
Debra E. LeVorse
Georgia Bar No. 242229
Hawkins, Parnell, Thackston, & Young, LLP
4000 SunTrust Plaza
303 Peachtree Street, N.E.
Atlanta, GA 30308
(404) 614 -7400
Attorneys for Defendants

CONSENTED TO BY:
/s/ Eric K. Milles
Eric K. Milles
Georgia Bar No. 508982
GARVIN & MILLES, P.A.
1672 Metropolitan Circle
Tallahassee, FL 32308
Attorney for Plaintiff

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