Evangelical Lutheran Good Samaritan Society, The v. King

Filing 23

ORDER by District Judge Kenneth J. Gonzales adopting 21 Magistrate Judge's Proposed Findings and Recommended Disposition; and granting 2 Plaintiff's Motion to Compel Arbitration. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
THE EVANGELICAL LUTHERAN GOOD
SAMARITAN SOCIETY, A NORTH
DAKOTA CORPORATION D/B/A
GOOD SAMARITAN SOCIETYFOUR CORNERS VILLAGE,
Plaintiff,
v.

CIV 17-1090 KG/JHR

DORA L. KING, AS PERSONAL
REPRESENTATIVE OF THE WRONGFUL
DEATH ESTATE OF EARNEST
WAYNE PAYNE, DECEASED,
Defendant.
ORDER ADOPTING THE MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
On November 26, 2018, Magistrate Judge Jerry H. Ritter filed his Proposed Findings and
Recommended Disposition (Doc. 21), in which he recommended “that Plaintiff’s Motion to
Compel Arbitration be granted in part, that this case be referred to arbitration, and that the parties
meet and confer concerning the appointment of an arbitrator.” Id., p. 1. The proposed findings
notified the parties of their ability to file objections and that failure to do so waives appellate
review. As of today, no objections have been filed and there is nothing in the record indicating that
the proposed findings were not delivered.
Wherefore,
IT IS HEREBY ORDERED AS FOLLOWS:
1. The Magistrate Judge’s Proposed Findings and Recommended Disposition (Doc. 21)
is ADOPTED;
2. Plaintiff’s Motion to Compel Arbitration (Doc. 2) is GRANTED; and
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3. This case is referred to arbitration to be held in a manner consistent with the parties’
Joint Status Report (Doc. 22), filed December 14, 2018.

_________________________________
UNITED STATES DISTRICT JUDGE

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