Advocat Inc et al v. Blanchard
ORDER denying as moot deft's 3 Motion to Dismiss for Lack of Jurisdiction. Signed by Chief Judge J. Leon Holmes on 4/5/12. (vjt)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
ADVOCAT INC.; DIVERSICARE
MANAGEMENT SERVICES CO.;
DIVERSICARE LEASING CO., doing
business as Conway Healthcare and
No. 4:11CV00895 JLH
RICHARD W. BLANCHARD, as
Special Administrator of the Estate
of Richard E. Blanchard, Deceased, and
on behalf of the Wrongful Death Beneficiaries
of Richard E. Blanchard
The plaintiffs filed their complaint seeking to compel arbitration on December 19, 2011.
Subsequently, the defendant filed a motion to dismiss contending that the Court lacked subject-matter
jurisdiction because the Federal Arbitration Act does not provide an independent basis for federal
question jurisdiction and because complete diversity did not exist. The defendants then filed an
amended complaint on February 15, 2012, as permitted by Fed. R. Civ. P. 15(a)(1). All plaintiffs
named in the amended complaint are citizens of different states than the defendant. Furthermore, the
amended complaint seeks an order compelling arbitration of a controversy exceeding the value of
seventy-five thousand dollars. See Northport Health Servs. of Ark., LLC v. Rutherford, 605 F.3d 483
(2010). Consequently, the defendant’s motion to dismiss for lack of jurisdiction is DENIED AS
MOOT. Document #3.
IT IS SO ORDERED this 5th day of April, 2012.
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE
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