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

Filing 26

ORDER THAT RESPONDENT'S MOTION TO DISMISS THE PETITION (DOC. NO. 13 ) IS DENIED. PETITIONERS' MOTION TO COMPEL ARBITRATION AND STAY COURT PROCEEDINGS (DOC. NO. 14 ) IS GRANTED IN PART. THE PARTIES ARE COMPELLED TO MEDIATE, AND THEN IF NEC ESSARY ARBITRATE BEFORE JAMS, THE RESPONDENT'S SURVIVAL ACTION WHICH HAS BEEN FILED IN THE COURT OF COMMON PLEAS OF BERKS COUNTY. ALL STATE COURT PROCEEDINGS WITH REGARD TO COUNTS 1, 2, 3 AND 4 ARE STAYED TO PERMIT THE MEDIATION AND ARBITRATION TO PROCEED. THE MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS IS DENIED AS TO THE RESPONDENT'S WRONGFUL DEATH ACTION WHICH IS COUNT 5 IN THE STATE COURT COMPLAINT. THE CLERK IS DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 8/20/2015. 8/21/2015 ENTERED AND COPIES E-MAILED. (aeg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GOLDEN GATE NATIONAL
SENIOR CARE, LLC, et. al.
Petitioners,
v.
PAMELA L. BEAVENS, as Executrix
for the Estate of Agnew E. Beavens,
Respondent.

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CIVIL ACTION
15-17

AND NOW, this 20th day of August 2015, upon consideration of respondent’s
motion to dismiss the petition, doc. no. 13, and petitioners’ response thereto, doc. no. 15,
and upon further consideration of petitioners’ motion to compel arbitration and stay state
court proceedings, doc. no. 14, respondent’s response, doc. no. 16, petitioners’ reply
brief, doc. no. 14, respondent’s surreply, doc. no. 21, and petitioners’ additional briefing
thereto, doc. no. 24, IT IS HEREBY ORDERED that:
1.

The motion to dismiss, doc. no. 13, is DENIED.

2.

The motion to compel arbitration and stay state court proceedings, doc. no.

14, is GRANTED in part.
3.

Pursuant to the Alternative Dispute Resolution Agreement, the parties are

COMPELLED to mediate, and then if necessary arbitrate before JAMS, the
respondent’s survival action which has been filed in the Court of Common Pleas of Berks
County under docket number 14-22415. The survival action consists of counts 1, 2, 3 and
4 of the state court complaint.

4.

All state court proceedings with regard to counts 1, 2, 3 and 4 are STAYED

to permit the mediation and arbitration to proceed.
5.

The motion to compel arbitration and stay proceedings is DENIED as to

the respondent’s wrongful death action which is count 5 in the state court complaint.
6.

The clerk is directed to mark this case CLOSED.
BY THE COURT
/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.