GOLDEN GATE NATIONAL SENIOR CARE, LLC et al v. KILLIAN

Filing 13

ORDER THAT PETITIONERS 9 MOTION TO COMPEL ARBITRATION IS GRANTED, AS FOLLOWS: RESPONDENT SHALL ARBITRATE THE CLAIMS THAT SHE FILED IN THE MONTGOMERY COUNTY COURT OF COMMON PLEAS, DOCKET NO. 2017-10000; THE COURT ENJOINS THE PARTIES FROM PROCEEDIN G FURTHER IN THE MONTGOMERY COUNTY CASE, OTHER THAN AS NECESSARY TO STAY THE CASE PENDING THE COMPLETION OF ARBITRATION. IT IS FURTHER ORDERED THAT THE PART OF THE PETITION FOR ORDER COMPELLING ARBITRATION, STAYING IMPROPERLY COMMENCED STATE COURT PR OCEEDINGS, AND GRANTING DECLARATORY RELIEF (DOCUMENT NO. 1, FILED JUNE 16, 2017) SEEKING A DECLARATORY JUDGMENT IS DENIED AS MOOT ON THE GROUNDS THAT PETITIONERS DO NOT ADDRESS DECLARATORY RELIEF IN THE MOTION TO COMPEL ARBITRATION AND THE FACT THAT SUCH RELIEF IS REDUNDANT. THE COURT RETAINS JURISDICTION TO ENTER JUDGMENT ON ANY AWARD IN ARBITRATION AND CONDUCT ANY NECESSARY PROCEEDINGS RELATING TO THE ARBITRATION. SIGNED BY HONORABLE JAN E. DUBOIS ON 8/6/18. 8/7/18 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GOLDEN GATE NATIONAL SENIOR
CARE, LLC,
GGNSC LANSDALE, LP, doing business as
“GOLDEN LIVING CENTER –
LANSDALE,”
GPH LANSDALE LP,
GPR LANSDAL, GP, LLC,
GGNSC HOLDINGS, LLC,
GGNSC EQUITY HOLDINGS, LLC,
GGNSC ADMINISTRATIVE SERVICES,
LLC,
GGNSC CLINICAL SERVICES, LLC, and
GOLDEN GATE ANCILLARY, LLC,
Petitioners,

CIVIL ACTION

NO. 17-2732

v.
LINDA KILLIAN,
Respondent.
ORDER
AND NOW, this 6th day of August, 2018, upon consideration of Petitioners’ Motion to
Compel Arbitration (Document No. 9, filed January 19, 2018), Respondent’s Brief in Opposition
to Petitioners’ Motion to Compel Arbitration (Document No. 10, filed February 2, 2018), and
Petitioners’ Reply in Support of Their Motion to Compel Arbitration (Document No. 11, filed
March 2, 2018), for the reasons stated in the accompanying Memorandum dated August 6, 2018,
IT IS ORDERED that Petitioners’ Motion to Compel Arbitration is GRANTED, as follows:
1. Respondent shall ARBITRATE the claims that she filed in the Montgomery County
Court of Common Pleas, Docket No. 2017-10000;
2. The Court ENJOINS the parties from proceeding further in the Montgomery County
case, other than as necessary to stay the case pending the completion of arbitration.

IT IS FURTHER ORDERED that the part of the Petition for Order Compelling
Arbitration, Staying Improperly Commenced State Court Proceedings, and Granting Declaratory
Relief (Document No. 1, filed June 16, 2017) seeking a declaratory judgment is DENIED AS
MOOT on the grounds that petitioners do not address declaratory relief in the Motion to Compel
Arbitration and the fact that such relief is redundant.
The Court RETAINS jurisdiction to enter judgment on any award in arbitration and
conduct any necessary proceedings relating to the arbitration.

BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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