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)
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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