Bailey v. Healthsouth Corporation et al

Filing 70

ORDER ADOPTING 66 REPORT AND RECOMMENDATIONS. The Defendants' Motion to Compel Arbitration 26 is GRANTED. Pursuant to Judge Giblin's recommendation, it is further ORDERED that the parties are compelled to arbitration and this civi l action is STAYED pending completion of arbitration. The parties are further ORDERED to notify the Court within five (5) days of completion of arbitration. It is finally ORDERED that the Defendants' separate motion to dismiss 27 is DENIED as MOOT according to Judge Giblin's recommendation because the motion to dismiss was filed subject to the Court's ruling on the arbitration issue. Signed by Judge Ron Clark on 2/16/17. (ljw, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
DEBRA BAILEY, Individually and as Next
Friend of JACOB WYATT BAILEY,

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§ Civil Action No. 9:15-CV-00057-RC
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v.
HEALTHSOUTH CORPORATION,
BEAUMONT REHABILITATION
ASSOCIATES, L.P., and HEALTHSOUTH
REHABILITATION HOSPITAL OF
BEAUMONT, LLC

ORDER ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND
COMPELLING ARBITRATION
The Court referred this case to United States Magistrate Judge Keith F. Giblin pursuant to
28 U.S.C. § 636. On January 26, 2017, the report of the Magistrate Judge (Doc. No. 66) was
entered containing proposed findings of fact and a recommendations that the Defendants’ Motion
to Compel Arbitration (Doc. No. 26) be granted.
Having received the report of the United States Magistrate Judge, and no objections having
been timely filed, this Court is of the opinion that the findings and conclusions of the Magistrate
Judge are correct and adopts the Magistrate Judge’s report as the findings and conclusions of the
Court.
It is, therefore, ORDERED that the Report and Recommendation (Doc. No. 66) is
ADOPTED and the Defendants’ Motion to Compel Arbitration (Doc. No. 26) is GRANTED.
Pursuant to Judge Giblin’s recommendation, it is further ORDERED that the parties are
compelled to arbitration and this civil action is STAYED pending completion of arbitration. The

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parties are further ORDERED to notify the Court within five (5) days of completion of arbitration.
It is finally ORDERED that the Defendants’ separate motion to dismiss (Doc. No. 27) is DENIED
as MOOT according to Judge Giblin’s recommendation because the motion to dismiss was filed
subject to the Court’s ruling on the arbitration issue.

So Ordered and Signed
Feb 16, 2017

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