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JONES v. GGNSC PIERRE LLC

No. CIV. 09-3011-RAL.

684 F.Supp.2d 1161 (2010)

Carol JONES, individually, and as Special Administrator of the Estate of Ruth Butler, deceased, Plaintiff, v. GGNSC PIERRE LLC, d/b/a Golden Living Center Pierre, Golden Gate National Senior Care LLC, GGNSC Equity Holdings LLC, GGNSC Clinical Services, LLC, and GGNSC Administrative Services, LLC, Defendants.

United States District Court, D. South Dakota, Central Division.

February 3, 2010.

Attorney(s) appearing for the Case

Gregory Alan Eiesland, Johnson, Eiesland Law Offices, PC, Rapid City, SD, Joel E. Smith, Mark R. Kosieradzki, Kosieradzki Smith Law Firm, LLC, Minneapolis, MN, for Plaintiff.

Jeanelle R. Lust, Rodney M. Confer, Kevin R. McManaman, Knudsen, Berkheimer, Richardson & Endacott, LLP, Lincoln, NE, for Defendants.

OPINION AND ORDER COMPELLING ARBITRATION

ROBERTO A. LANGE, District Judge.

I. Introduction

The Defendants in this case seek to compel arbitration under a contract provision specifying binding arbitration "in accordance with the National Arbitration Forum Code of Procedure." The National Arbitration Forum ("NAF"), however, has entered into a Consent Judgment where it no longer arbitrates consumer...

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