ESTATE OF HUNISH v. ASSISTED LIVING CONCEPTS, INC. (N.J. 5-6-2010)

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.