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Lexington Healthcare Ctr. of Bloomingdale, Inc. v. Morrison Mgmt. Specialists, Inc.

United States District Court for the Northern District of Illinois, Eastern Division

April 10, 2020, Decided; April 10, 2020, Filed

Case No. 20-cv-1949; Case No. 20-cv-1792

Opinion

MEMORANDUM OPINION AND ORDER

For the reasons set forth below, Plaintiff's motion for a temporary restraining order ("TRO") [12] is granted. 1,600 senior citizens need adequate food, clean laundry, and sanitized living spaces right now. The parties can sort out disputed [*2]  invoices and contract terminations later. For the next 14 days, the Court will hold the parties to their agreement, which 1,600 of our country's most vulnerable residents are depending on: Defendant will provide the services it agreed to provide, and Plaintiff will pay for those services. Specifically, the Court orders the following for the period of April 10, 2020, through April 24, 2020:

1. Defendant is temporarily enjoined and restrained from terminating its contract with Plaintiff or ceasing to provide services at Plaintiff's facilities. Defendant shall continue to provide services to Plaintiffs consistent with the parties' ordinary course of dealing.

2. Plaintiffs shall make the following payments by wire transfer or certified check to Defendant, which will be reconciled against actual charges:

a. $500,000.00 on or before April 16, 2020; and

b. $500,000.00 on or before April 23, 2020.

3. Plaintiff, through counsel, shall deposit with the Court ten thousand dollars ($10,000.00), either cash, check, cashiers' check, certified funds, or surety bond, as security to be held in the Court Registry.

4. This case is set for a telephonic status hearing on April 22, 2020 at 1:30 p.m. The Courtroom [*3]  Deputy will provide a call-in number by email.

5. Before the April 22, 2020 hearing, the Court requests that the parties confer in good faith regarding a mutually agreeable plan and schedule for transitioning Plaintiff's facilities from Defendant to the new service provider.

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2020 U.S. Dist. LEXIS 62917 *

LEXINGTON HEALTHCARE CENTER OF BLOOMINGDALE, INC. et al., Plaintiff, v. MORRISON MANAGEMENT SPECIALISTS, INC, Defendants.

CORE TERMS

termination, transition, facilities, provide a service, food, senior citizen, preliminary injunction, irreparable, residents, merits, notice, parties, argues, injunctive relief, services contract, cleaning service, cleaning, disputed, invoices, provider, laundry, harms