Voogt Rehabilitation Center LLC v. Metheny et al

Filing 16

ORDER denying 8 Motion to Dismiss; denying 8 Motion to Dismiss for Failure to State a Claim. Argent's answer is due by September 27, 2013. Joint report on the Metheny bankruptcy issues 10 due by September 27, 2013, too. Signed by Judge D. P. Marshall Jr. on 9/10/13. (kpr)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION VOOGT REHABILITATION CENTER LLC, dfb/a Neurological Rehabilitation Living Center v. PLAINTIFF No. 4:13-cv-353-DPM CODY RYAN METHENY; KENNY METHENY, as Conservator of the Estate of Cody Ryan Metheny; PAMELA METHENY, as Conservator of the Estate of Cody Ryan Metheny; ARGENT TRUST COMPANY, as Trustee of the Cody R. Metheny Special Needs Trust DEFENDANTS ORDER Argent Trust Company moves to dismiss Voogt Rehabilitation Center's lawsuit seeking to reach trust funds allegedly owed under a fee agreement between the Rehabilitation Center and the Metheneys. The Center agrees that none of the claims run directly against Argent. NQ 10 at 5. But Argent holds the disputed money as trustee. It needs to stay in the case so the Court can, if the facts and law dictate," accord complete relief among [the Rehabilitation Center and the Methenys.]" FED. R. CIV. P. 19(a)(l)(A). Argent need not do anything other than answer, respond to basic discovery, and wait. Argent's motion to dismiss, NQ 8, is denied. Argent's answer is due by 27 September 2013. Joint report on the Metheny bankruptcy issues, NQ 10 at 5 n. 1, due by 27 September 2013, too. So Ordered. D.P. Marshall Jr. United States District Judge IV -2- ~if'fA. :J.C/3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?