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Glover v. Darway Elder Care Rehabilitation Center

United States District Court, M.D. Pennsylvania

March 10, 2014

YOSHIE GLOVER, by and through her son and Power of Attorney, RALPH GLOVER, Plaintiff,
v.
DARWAY ELDER CARE REHABILITATION CENTER, et al. Defendants.

ORDER

MATTHEW W. BRANN, District Judge.

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 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.


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