United States District Court, E.D. Kentucky, Northern Division
Golden Gate National Senior Care, LLC; GGNSC Vanceburg, LLC; GGNSC Administrative Services, LLC; GGNSC Holdings, LLC; and GGNSC Equity Holdings, LLC, PLAINTIFFS,
CINDY LEACH, Individually and as Administratrix of the Estate of WILLOW DEAN LEACH, DEFENDANT.
MEMORANDUM OPINION AND ORDER
R. WILHOIT, UNITED STATES DISTRICT JUDGE.
matter is before the Court upon Defendant's Motion to
Dismiss [Docket No. 5] and Plaintiffs' Motion to Enforce
Arbitration Agreement and Enjoin Defendant [Docket No. 7].
The motions have been fully briefed by the parties and for
the reasons set forth herein, the Court finds that dismissal
is not warranted and that the arbitration agreement which
forms the basis of this lawsuit is legal, binding and
case arises from Willow Dean Leach' residency at Golden
Living Center in Vanceburg, Kentucky from February 17, 2016
until March 31, 2016. As part of the admissions process, she,
by and through her attorney-in-fact, Cindy Leach, executed
certain documents. First, Cindy Leach signed the agreement
under the authority granted to her by a Power of Attorney
executed by Willow Leach on February 5, 2016 including the
power to "draw, make and sign any and all checks,
contracts, or agreements, " and the power to
"institute or defend suits concerning my property or
rights." [Docket No. 1-2]. She also signed an
Arbitration Agreement, a copy of which is attached to the
Complaint as Exhibit 1.
Arbitration Agreement contains a provision, which provides in
Covered Disputes include but are not limited to all claims in
law or equity arising from one Party's failure to satisfy
a financial obligation to the Party; a violation of a right
claimed to exist federal, state, or local law or contractual
agreement between the parties; tort; breach of contract;
consumer protection; fraud; misrepresentation; negligence;
gross negligence; malpractice; and any alleged departure from
any applicable federal, state, or local medical, health care,
consumer, or safety standards.
[Docket No. 1-1].
alleges that while at Golden Living Center, Willow Leach
suffered physical and emotional injuries due to inadequate
care, and her health and physical condition deteriorated
beyond that caused by the normal aging process.
March 7, 2017, Defendant filed in the Circuit Court of Lewis
County, Kentucky, Case No. 17-CI-00035, a negligence, medical
negligence, corporate negligence, and wrongful death action
against GGNSC Vanceburg LLC d/b/a Golden Living Center
-Vanceburg, GGNSC Equity Holdings, LLC, GGNSC Equity Holdings
H, LLC, Golden Gate National Senior Care, LLC, GGNSC
Administrative Services, LLC, GGNSC Holdings, LLC, and Joy J.
Dingess, in her capacity as Administrator of Golden Living
Center - Vanceburg.
April 27, 2017, the corporate defendants from the Lewis
County action filed this civil action, as Plaintiffs,
alleging federal subject matter jurisdiction by virtue of
diversity and seeking substantially the same relief from this
Court regarding arbitration as they seek in state court -
namely, to find the arbitration agreement to be valid and
enforceable, to compel Defendant to arbitrate the State Court
claims, and to enter an order enjoining Defendant from
pursuing her claims in Lewis Circuit Court.
seeks a dismissal of all claims alleged herein. She contends
that this Court lacks subject-matter jurisdiction, that
Plaintiffs failed to join an indispensable party and that the
Court should not exercise its power to enjoin her from
continuing the prosecution of the state court action.
seek entry of an Order compelling Defendant to proceed to
arbitration and, in addition, enjoining her from pursing her
claims in state court.
purpose of a motion to dismiss pursuant to Fed.R.Civ.P.
12(b)(6), is to allow a defendant to test whether, as a
matter of law, the plaintiff is entitled to legal relief.
See Mayer v. Mylod,988 F.2d 635, 638
(6th Cir. 1993). This requires a consideration of
and a ruling upon the merits of a claim. In determining
whether dismissal is warranted under Rule 12(b)(6), the
complaint must be construed in the light most favorable to
the nonmoving party and its allegations taken as true.
Miller v. ...