Opinion
5:24-cv-0360
03-13-2024
LINDA LOYKO, Administrator of the Estate of MYRON LOYKO, Deceased, Plaintiff, v. OLD ORCHARD HEALTH CARE CENTER- EASTON, PA, LLC, et al., Defendants.
ORDER
JOSEPH F. LEESON, JR. UNITED STATES DISTRICT JUDGE.
AND NOW, this 13th day of March, 2024, for the reasons set forth in the Opinion issued this date, IT IS HEREBY ORDERED THAT:
1. The Motion to Compel Arbitration, see ECF No. 7, is GRANTED in part and DENIED in part as follows;
a. Old Orchard Health Care Center-Easton, PA, LLC, and ProMedica Health System, Inc.'s Motion to compel the claims in Counts I, II, and IV to arbitration are GRANTED;
b. Within forty-five (45) days of the date of this Order, Plaintiff SHALL submit the claims in Counts I, II, and IV against Defendants Old Orchard Health Care Center-Easton, PA, LLC, and ProMedica Health System, Inc. to arbitration in accordance with the arbitration provisions outlined in the Agreement;
c. The Motion to Compel Arbitration is DENIED as to Count III and V and shall be STAYED to permit the arbitration to proceed.
2. Counsel for Plaintiff shall submit a status report to the Court on the first day of each month, commencing on June 1, 2024, to report on the status of the arbitration proceedings, including but not limited to the filing of a claim, the date scheduled for arbitration, and the outcome of any completed arbitration.
3. Within thirty (30) days of the completion of the arbitration proceeding, both parties are directed to notify the Court that the arbitration has concluded and that the stay in the above-captioned action may be lifted.