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)

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

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