Glenwright v. Carbondale Nursing Home, Inc. et al

Filing 31

ORDER (memorandum filed previously as separate docket entry).The defendants motion is GRANTED IN PART with respect to defendant Carbondale Nursing Home, Inc. (Carbondale);The defendants motion is DENIED WITHOUT PREJUDICE with respect to defendant Genesis Eldercare Network Services, Inc. (Genesis).(See order for details). Signed by Honorable Malachy E Mannion on 3/23/17. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
LINDA GLENWRIGHT,

:

Plaintiff

:
CIVIL ACTION NO. 3:16-0926

v.

:
(JUDGE MANNION)

CARBONDALE NURSING HOME,
INC. d/b/a Carbondale Nursing
Home and Rehabilitation Center
and GENESIS ELDERCARE
NETWORK SERVICES, INC.,

:

Defendants

:

:
:

ORDER
Based on the Memorandum issued this same day, IT IS HEREBY
ORDERED THAT the defendants’ motion to dismiss or, in the alternative,
compel arbitration, (Doc. 11), is GRANTED IN PART and DENIED IN PART
as follows:
(1)

The defendants’ motion is GRANTED IN PART with respect to
defendant Carbondale Nursing Home, Inc. (“Carbondale”);

(2)

The fee provisions in the parties’ arbitration agreement are
unenforceable and must be severed from the arbitration
agreement;

(3)

The plaintiff and Carbondale are directed to proceed with
arbitration on all claims raised in the instant action pursuant to the
terms of their arbitration agreement, absent the severed fee
provisions;

(4)

The plaintiff and Carbondale are directed to provide the court with
quarterly reports commencing June 1, 2017, informing the court
of the status of their arbitration proceedings; and,

(5)

The defendants’ motion is DENIED WITHOUT PREJUDICE with
respect to defendant Genesis Eldercare Network Services, Inc.
(“Genesis”).

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
DATED: March 23, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-0926-01 order.wpd

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