Beenken v. Evangelical Lutheran Good Samaritan Society

Filing 16

ORDER Confirming Arbitration Order and Dismissing Case With Prejudice granting 13 Motion filed by Defendant Evangelical Lutheran Good Samaritan Society. This action is dismissed in its entirety, with prejudice. Judgment shall enter accordingly. Signed by Judge Mark W Bennett on 3/27/2017. (des)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA CENTRAL DIVISION JAY BEENKEN, No. C 15-3096-MWB Plaintiff, vs. THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY, d/b/a GOOD SAMARITAN SOCIETY— COOK LEGACY VILLAGE, ORDER CONFIRMING ARBITRATION ORDER AND DISMISSING CASE WITH PREJUDICE Defendant. ___________________________ On September 4, 2015, I entered an Order staying these proceedings and compelling arbitration of the parties’ dispute. On February 1, 2017, the defendant filed its Motion To Confirm Arbitration Order And Dismiss With Prejudice. The plaintiff filed no timely response. On February 27, 2017, I entered an Order giving the plaintiff to and including March 6, 2017, to file a response to the defendant’s Motion, advising the plaintiff that “[f]ailure to respond to the Motion will likely result in the granting of the Motion and the dismissal of this case with prejudice.” The plaintiff has filed no response. THEREFORE, 1. The defendant’s February 1, 2017, Motion To Confirm Arbitration Order And Dismiss With Prejudice (docket no. 13) is granted. 2. The arbitrator’s January 16, 2017, Ruling, filed as Exhibit B to the defendant’s Motion, finding that the plaintiff’s failure-to-promote and wage discrimination claims fail both as a matter of law and fact and, accordingly, denying the plaintiff’s claims, is confirmed. 3. This action is dismissed in its entirety, with prejudice. 4. Judgment shall enter accordingly. IT IS SO ORDERED. DATED this 27th day of March, 2017. ______________________________________ MARK W. BENNETT U.S. DISTRICT COURT JUDGE NORTHERN DISTRICT OF IOWA 2

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