Janie Livingston v. Progressive Eldercare Service

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 24, 2022
• Docket: 21-2392
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-2392 ___________________________

Janie Livingston; Teressa Barnes

lllllllllllllllllllllPlaintiffs - Appellants

v.

Progressive Eldercare Service- Cleveland Inc., doing business as Greenhouse Cottages of Southern Hills

lllllllllllllllllllllDefendant - Appellee ____________

Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff ____________

Submitted: January 14, 2022 Filed: January 24, 2022 [Unpublished] ____________

Before GRUENDER, ERICKSON, and KOBES, Circuit Judges. ____________

PER CURIAM. In this employment action, Janie Livingston and Teresa Barnes appeal the district court’s1 orders compelling arbitration and denying their motion for “leave to file out of time” their objections to confirmation of the arbitrator’s decision. After careful review of the record and the parties’ arguments on appeal we find no basis for reversal. See Sommerfeld v. Adesta, LLC, 2 F.4th 758, 761 (8th Cir. 2021) (grant of motion to compel arbitration is reviewed de novo); see also Albright ex rel. Doe v. Mountain Home Sch. Dist., 926 F.3d 942, 951-52 (8th Cir. 2019) (denial of motions for extension of time and for leave to file out of time are reviewed for abuse of discretion). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

1 The Honorable Lee P. Rudofsky, United States District Judge for the Eastern District of Arkansas.

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