Summary
holding that arbitration clause in 2006 contract could not be retroactively applied to claims that arose in 2004 where the complaint did not allege continuing misconduct or claims that occurred after the effective date expressly stated in the 2006 contract
Summary of this case from Baptist Hosp. of Miami, Inc. v. Medica Healthcare Plans, Inc.Opinion
CASE NO: 08-20518-CIV-GOLD/McALILEY.
May 28, 2008
ORDER GRANTING PLAINTIFF'S MOTION FOR EXTENSION OF TIME; VACATING ORDER OF REFERRAL: SETTING ORAL ARGUMENT ON MOTION TO COMPEL
THIS CAUSE is before the Court on Plaintiffs Motion for Extension of Time to File Reply in Support of Motion to Remand and Request for Attorney's Fees and Costs [DE 23]. Defendant does not oppose the request. In addition, in reviewing the Motion to Remand and related pleadings, I have determined that the issues raised in Defendant's Motion to Compel Arbitration are so intertwined with those raised in Plaintiff's Motion for remand that the Court will consider both matters at the same time.
Accordingly, it is hereby ORDERED AND ADJUDGED:
1. Plaintiff's Motion for Extension of Time [DE 23] is GRANTED.
2. Plaintiff must file her reply in support of the motion for to remand on or before May 27, 2008.
3. The Order referring Defendant's Motion to Compel Arbitration to the Magistrate Judge [DE 4] is VACATED.
4. Defendant's Motion to Compel Arbitration will be heard during the previously scheduled hearing on Plaintiff's Motion to Remand, which has been set before the Honorable Alan S. Gold, at the United States District Court, Courtroom 11-1, Eleventh Floor, 400 North Miami Avenue, Miami, Florida, on Friday, June 6, 2008 at 9:00 a.m. The Court has set aside one hour for this hearing.
DONE AND ORDERED