United States District Court, E.D. Kentucky, Central Division, Lexington
MEMORANDUM OPINION AND ORDER
DANNY C. REEVES, District Judge.
This matter is pending for consideration of Defendant Stanton Health Facilities, L.P.'s, motion to compel arbitration. [Record No. 3] For the reasons outlined below, the defendant's motion will be granted.
Plaintiff Juanita Brandenburg was a resident at the Stanton Nursing and Rehabilitation Center from May 29, 2012, through March 22, 2014. [Record No. 1-1, p. 2] While at that facility, Brandenburg alleges that she received inadequate care resulting in numerous physical injuries. She filed suit against the defendant in the Powell Circuit Court on April 21, 2014, alleging negligence, violations of KRS § 216.515, 902 KAR 20:300, 902 KAR 20:048, KRS § 530.080, Kentucky's Consumer Protection Act, breach of contract, and intentional/reckless infliction of emotional distress. [Record No. 1-1, pp. 7-17]
In its Answer, the defendant asserted that the claims are subject to a binding alternative dispute resolution agreement. [Record No. 2, p. 1] On June 22, 2012, the Powell District Court appointed the plaintiff's son, Larry Brandenburg, and daughters, Sharon ("Kay") Brandenburg and Deloris Neugebaur, as her guardians. [Record No. 3-3] Each coguardian's name and address are listed on the order of appointment, and they are separated by a virgule (/) sign. [ Id. ] On July 20, 2012, Larry Brandenburg, without the written consent of the other co-guardians, executed an alternative dispute resolution agreement with the Stanton Nursing and Rehabilitation Center on the plaintiff's behalf. [Record No. 3-2, p. 5] The "Covered Disputes" section of the agreement states, in relevant part:
This Agreement applies to any and all disputes arising out of or in any way relating to this Agreement or to the Resident's stay at the Center that would constitute a legally cognizable cause of action in a court of law sitting in the Commonwealth of Kentucky and shall include, but not be limited to, all claims in law or equity arising from one Party's failure to satisfy a financial obligation to the other Party; a violation of a right claimed to exist under federal, state, or local law or contractual agreement between the Parties; tort; breach of contract; fraud; misrepresentation; negligence; gross negligence; malpractice; death or wrongful death and any alleged departure from any applicable federal, state, or local medical, health care, consumer or safety standards. Covered Dispute shall include the determination of the scope of or applicability of this Agreement to mediate/arbitrate.
[ Id., p. 2]
Following removal to this Court [Record No. 1], the defendant moved to compel arbitration pursuant to the alternative dispute resolution agreement. [Record No. 3] Brandenburg then moved to remand the case back to state court [Record No. 6], and to amend her Complaint. [Record No. 7] Both motions were recently denied. [Record No. 13]
Under the FAA, arbitration clauses "shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." 9 U.S.C. § 2. This section of the FAA "is a congressional declaration of a liberal federal policy favoring arbitration agreements, notwithstanding any state substantive or procedural policies to the contrary.'" Asplundh Tree Expert Co. v. Bates, 71 F.3d 592, 595 (6th Cir. 1995) (quoting Moses H. Cone Mem'l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24 (1983)). When considering a motion to compel arbitration, the Court considers: (i) whether the parties agreed to arbitrate the claims; (ii) the scope of the arbitration agreement; (iii) whether there are any federal statutory claims that are non-arbitrable; and (iv) whether to stay any proceedings not subject to arbitration. Stout v. J.D. Byrider, 228 F.3d 709, 714 (6th Cir. 2000).
Although Kentucky law governs the interpretation of the arbitration agreement, the "liberal federal policy favoring arbitration agreements" must be taken into account even when state-law issues are presented. Moses H. Cone, 460 U.S. at 24. Any doubts regarding the parties' intentions should be resolved in favor of arbitration. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 626 (1985).
The arbitration agreement in issue states that "any and all disputes arising out of or in any way relating to this Agreement or to the Resident's stay at the Center, " which includes violations of "a right claimed to exist under federal, state, or local law or contractual agreement between the Parties; tort; breach of contract; fraud; misrepresentation; negligence; gross negligence; malpractice; death or wrongful death and any alleged departure from any applicable federal, state, or local medical, health care, consumer or safety standards, " are subject to binding arbitration. [Record No. 3-2, p. 2] Larry Brandenburg, acting as appointed guardian for the plaintiff, signed the agreement on her behalf. [ Id., p. 5] Brenda Kiernan signed the agreement on behalf of the Stanton Nursing and Rehabilitation Center. [ Id. ]
The defendant asserts that all of the claims brought by the plaintiff are subject to the arbitration agreement. [Record No. 3, p. 2] The plaintiff does not argue that the claims are not covered by the agreement or that a court-appointed guardian lacks the authority to enter into an arbitration agreement. Instead, Brandenburg's sole argument is that the arbitration agreement is not enforceable because only one of her co-guardians signed it. [Record No. 5, p. 2] According to Brandenburg, the defendant was required to get the signatures of all three co-guardians to comply with the court order. [ Id., pp. 2-3] She relies heavily on First Nat'l Bank of Beaver, Okla. v. Hough, 643 F.2d 705 (10th Cir. 1980) (finding a joint power of attorney where names were separated by "and"), and Musquiz v. Marroquin, 124 S.W.3d 906 (Tex. App. 2004) (same), in support of this contention. These cases hold that when more than one person is appointed as an agent, any action taken on behalf of ...