Lewis et al v. Brian Center Health & Rehabilitation Weaverville et al

Filing 18

ORDER granting 7 Motion to Compel and Stay Proceedings. This case is hereby stayed as to Defendant SSC Weaverville Operating Company, LLC pending the outcome of the arbitration proceedings. Signed by District Judge Martin Reidinger on 5/26/15. (khm)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:14-cv-00327-MR-DLH

HAROLD LEWIS, as Personal
Representative of the Estate of
WELZIE V. LEWIS JR.,

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Plaintiff,
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vs.
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BRIAN CENTER HEALTH &
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REHABILITATION WEAVERVILLE,
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et al.,
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Defendants.
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_______________________________ )

ORDER

THIS MATTER is before the Court on the Defendant SSC Weaverville
Operating Company, LLC’s Motion to Compel Arbitration and Stay
Proceedings [Doc. 7].
The Plaintiff and the Defendant SSC Weaverville Operating Company,
LLC, by way of a proposed Consent Order, have advised the Court that they
have agreed to arbitrate their dispute.

For the reasons stated in the

Defendant’s motion, and in light of the Plaintiff’s consent thereto, the Court
will order these parties to submit to arbitration.
With respect to the remaining defendants in this case, Defendants
Brian Center Health & Rehabilitation Weaverville, SSC Weaverville

Management Company, LLC, Brian Center Management Corporation, Brian
Center Corporation, SSC Equity Holdings, LLC, and Brian Center Health &
Retirement/Weaverville, Inc. have not appeared or otherwise defended this
action, and the Plaintiff appears to have made no effort to prosecute the
action further against these Defendants. The Court will allow the Plaintiff
fourteen (14) days to file an appropriate motion or otherwise take further
action with respect to these Defendants. The Plaintiff is advised that failure
to take further action against these Defendants will result in the dismissal of
his claims against them.
Accordingly, IT IS, THEREFORE, ORDERED that the Plaintiff shall
submit his claims against Defendant SSC Weaverville Operating Company,
LLC to arbitration as contemplated under the terms of the Dispute Resolution
Program Agreement made between the parties [Doc. 7-1].
IT IS FURTHER ORDERED that within fourteen (14) days of the entry
of this Order, the Plaintiff shall file an appropriate motion or otherwise take
further action with respect to Defendants Brian Center Health &
Rehabilitation Weaverville, SSC Weaverville Management Company, LLC,
Brian Center Management Corporation, Brian Center Corporation, SSC
Equity Holdings, LLC, and Brian Center Health & Retirement/Weaverville,

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Inc. The Plaintiff is advised that failure to take such further action against
these Defendants will result in the dismissal of his claims against them.
IT IS FURTHER ORDERED that this case is hereby STAYED as to
Defendant SSC Weaverville Operating Company, LLC pending the outcome
of the arbitration proceedings.
IT IS SO ORDERED.
Signed: May 26, 2015

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