Glover v. Darway Elder Care Rehabilitation Center et al

Filing 27

ORDER: The Report and Recommendation 25 and the Report and Recommendation 27 of Chief Magistrate Judge Carlson are ADOPTED: defendant Brown's motion to dismiss 10 is DENIED; defendants's motion to compel arbitration 8 is GRANTED; t his federal action is STAYED pending the outcome of arbitration; parallel state court litigation pending before the Sullivan County Court of Common Pleas (Docket No. 2013-cv-199) is likewise STAYED; this Court shall RETAIN JURISDICTION over this action; and the case is REMANDED to Chief Magistrate Judge Carlson. Signed by Honorable Matthew W. Brann on 3/10/14. (km)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
YOSHIE GLOVER, by and through :
her son and Power of Attorney,
:
RALPH GLOVER,
:
:
Plaintiff
:
:
v.
:
:
DARWAY ELDER CARE
:
REHABILITATION CENTER,
:
:
et al.
:
Defendants.
:

Case No. 4:13-cv-01874

(Judge Brann)

ORDER
March 10, 2014
On January 29, 2014, Chief Magistrate Judge Martin C. Carlson issued a
Report and Recommendation (ECF No. 25) in which he advised the Court to deny
defendant Brown’s motion to dismiss for failure to state a claim. On February 4,
2014, he issued another Report and Recommendation (ECF No. 26) in which he
advised the Court to grant various defendants’s motion to compel arbitration. No
party filed objections, so the Court has considered each Report and
Recommendation for clear error. Finding none, the Court will adopt both.
NOW, THEREFORE, IT IS HEREBY ORDERED: The January 29, 2014
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Report and Recommendation (ECF No. 25) and the February 4, 2014 Report and
Recommendation (ECF No. 26) are ADOPTED; defendant Brown’s motion to
dismiss (Aug. 14, 2013, ECF No. 10) is DENIED and defendants’s motion to
compel arbitration is GRANTED (Aug. 13, 2013, ECF No. 8); this federal action is
STAYED pending the outcome of arbitration; parallel state court litigation pending
before the Sullivan County Court of Common Pleas (Docket No. 2013-cv-199) is
likewise STAYED; this Court shall RETAIN JURISDICTION over this action;
and the case is REMANDED to Chief Magistrate Judge Carlson.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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