RENÉE MARIE BUMB, District Judge
THIS MATTER coming before the Court upon motions to compel arbitration and to dismiss, brought by defendant Assisted Living Concepts, Inc. (the "Defendant"), pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq., as well as Federal Rule of Civil Procedure 12(b)(6); and
THE COURT having received briefs in opposition to the motions by plaintiffs the Estate of May Elizabeth Hunish, Todd Buirch, and Warren Buirch (the "Plaitniffs"); and
THE COURT having considered the parties' written submissions; and
FOR THE REASONS stated in the accompanying Opinion,
IT IS on this, the 6th day of May 2010 , hereby
ORDERED that the motion to compel arbitration [Dkt. Ent. 31] shall be GRANTED IN PART and DENIED IN PART; and it is further
ORDERED that the motion to dismiss shall be DENIED WITHOUT PREJUDICE; and it is finally
ORDERED that this case shall be STAYED; the Clerk of the Court shall ADMINISTRATIVELY TERMINATE this file until it is reopened upon application of the parties and Order of the Court.