United States District Court, W.D. Kentucky
DEBBIE HIGGS, as Administratrix of the Estate of Marvis Higgs, Deceased PLAINTIFF
GOLDEN GATE NATIONAL SENIOR CARE, LLC d/b/a GOLDEN LIVING; GGNSC LOUISVILLE HILLCREEK, LLC d/b/a GOLDEN LIVING CENTER - HILLCREEK; GGNSC ADMINISTRATIVE SERVICES, LLC d/b/a GOLDEN VENTURES; GGNSC HOLDINGS, LLC d/b/a GOLDEN HORIZONS; GGNSC EQUITY HOLDINGS, LLC; GGNSC EQUITY HOLDINGS II, LLC; GOLDEN GATE ANCILLARY, LLC; GGNSC CLINICAL SERVICES, LLC; GPH LOUISVILLE HILLCREEK, LLC; RENAY ADKINS, in her capacity as Administrator of Golden Living Center - Hillcreek;-and JOHN DOES 1 THROUGH 5, UNKNOWN DEFENDANTS NO. 3
Charles R. Simpson III, Senior Judge
matter is before the Court on the motion of Defendant Renay
Adkins to dismiss all claims against her under Federal Rule
of Civil Procedure 12(b)(6), ECF No. 3. Plaintiff Debbie
Higgs, as Administratrix of the Estate of Marvis Higgs,
responded, ECF No. 7. Adkins replied, ECF No. 10.
also moved to remand the case to the Jefferson County,
Kentucky Circuit Court, ECF No. 8. Defendants Golden Gate
National Senior Care, LLC, d/b/a Golden Living, GGNSC
Louisville Hillcreek, LLC d/b/a Golden Living Center -
Hillcreek, GGNSC Administrative Services, LLC, GGNSC
Holdings, LLC, GGNSC Equity Holdings, LLC, GGNSC Equity
Holdings II, LLC, Golden Gate Ancillary, LLC, GGNSC Clinical
Services, LLC, GPH Louisville Hillcreek, LLC, and Adkins
(collectively, “Defendants”) responded. Higgs did
these motions involve similar issues and the same facts, the
Court will address them in a single memorandum opinion and
order. The Court will begin by considering Higgs' motion
to remand the case to the Jefferson County Circuit Court and
then will address Adkins' motion to dismiss the claims.
For the reasons explained below, the Court will deny
Higgs' motion to remand the case to the Jefferson County
Circuit Court. The Court will grant Adkins' motion to
dismiss the claims that are asserted against her.
Allegations in the Complaint
Higgs was a resident of Golden Living Center - Hillcreek.
Compl. ¶ 3, ECF No. 1-1. He lived at the facility
between January 26, 2016 and February 4, 2016, excluding
periods of hospitalization. Id. Marvis Higgs was of
unsound mind and looked to Defendants “for treatment of
his total needs for custodial, nursing, and medical
care.” Id. ¶¶ 4, 22.
of Defendants' alleged wrongful conduct, Marvis Higgs
“suffered accelerated deterioration of his health and
physical condition beyond that caused by the normal aging
process.” Id. ¶ 26. For example, he
suffered open blisters, sores, skin injuries, and infections.
Id. Defendants' alleged wrongful conduct also
caused Marvis Higgs “loss of personal dignity, extreme
pain and suffering, degradation, mental anguish, [and]
disfigurement, ” as well as his death. Id.
filed suit in the Jefferson County Circuit Court. She asserts
claims of negligence, medical negligence, and corporate
negligence against Defendants, as well as a claim of
administrator negligence against Adkins. Id.
¶¶ 58-65. She additionally asserts a wrongful death
claim against Defendants. Id. ¶¶ 66-69.
Higgs seeks punitive and compensatory damages, and costs and
other appropriate relief. Id. ¶ 72.
removed the case to this Court under the diversity statute,
28 U.S.C. § 1332. Not. Removal 1, ECF No. 1. Defendants
then filed an answer to Higgs' claims. Answer 1, ECF No.
Higgs' Motion to Remand the Case to the Jefferson County
has moved to remand the case to the Jefferson County Circuit
Court. Mot. Remand 1, ECF No. 8. Higgs asserts that both she
and Adkins are domiciled in Kentucky and thus that there is
not complete diversity. Mem. Supp. Mot. Remand 3, ECF No.
8-1. Defendants, however, contend that Adkins was
fraudulently joined to prevent removal to this Court. Resp.
Opp. Mot. Remand 1-3, ECF No. 11. Defendants explain that
Higgs cannot assert a colorable claim against Adkins because
she was “never employed at the nursing home facility at
any point during Marvis Higgs' residence.”
Id. at 3. As part of her motion to dismiss, which
Defendants incorporate in their response to the motion to
remand, id. at 2., Adkins includes an affidavit in
which she states that she served as an administrator of
Golden Living Center - Hillcreek between April 7, 2014 and
January 19, 2016, leaving five days ...