Opinion
CIVIL ACTION FILE NO. 7:13-cv-00032-HL
04-08-2013
BOBBY LEE HURLEY, JR. as Administrator of the Estate of JESSIE MAE HURLEY, Deceased and on Behalf of the Wrongful Death Beneficiaries of JESSIE MAE HURLEY, Deceased Plaintiff, v. GGNSC TIFTON, L.L.C. and GGNSC EQUITY HOLDINGS, L.L.C. Defendants,
David C. Marshall Debra E. LeVorse Hawkins, Parnell, Thackston, & Young, LLP Attorneys for Defendants Eric K. Milles GARVIN & MILLES, P.A. Attorney for Plaintiff
ORDER
The Court, having reviewed the parties' Consent Motion Regarding Limited Discovery Related to Arbitration Agreement, hereby orders that Plaintiff is permitted to accomplish the deposition(s) of the person(s) who provided Jessie Hurley with any admissions paperwork and arbitration agreements related to her residency at Golden LivingCenter-Tifton (the Facility") beginning on or about 1 October 3, 2009 and/or who signed any such documents on behalf of Golden LivingCenter-Tifton and/or who witnessed the signing of any such documents, and Defendants are permitted to accomplish the deposition of Plaintiff and/or any person(s) who signed any such documents on behalf of Jessie Hurley, Joann B. Jones, and any other witness the parties intend to offer with respect to the enforceability of the Alternative Dispute Resolution Agreement ("ADR Agreement") allegedly executed on October 3, 2009, with all such depositions being limited to arbitration issues only.
Participation in said depositions shall not be construed as a waiver of the Defendants' right to move to compel arbitration, dismiss this case and/or stay any further discovery.
The Court further orders that the time for Plaintiff to file a response to Defendants' Motion to Dismiss, Compel Arbitration, and Stay Discovery and Defendants' Brief in Support of Motion to Dismiss, Compel Arbitration, and Stay Discovery shall be extended until 45 days after the entry of this Order. Additionally, the period within which the parties may conduct discovery is tolled until such time as the Court rules on Defendants' Motion to Dismiss, Compel Arbitration, and Stay Discovery and Defendants' Brief in Support of Motion to Dismiss, Compel Arbitration, and Stay Discovery.
________________
HONORABLE HUGH LAWSON
SENIOR JUDGE,
UNITED STATES DISTRICT COURT
cc: Eric Milles, Esq.
David C. Marshall, Esq.
Debra E. LeVorse, Esq.
PREPARED AND PRESENTED BY: ________________
David C. Marshall
Debra E. LeVorse
Hawkins, Parnell, Thackston, & Young, LLP
Attorneys for Defendants
CONSENTED TO BY: ________________
Eric K. Milles
GARVIN & MILLES, P.A.
Attorney for Plaintiff