GGNSC Camp Hill West Shore, LP et al v. Thompson

Filing 21

ORDER (Memorandum 20 filed previously as separate docket entry) - It is hereby ORDERED that: 1. GGNSC's petition 1 is GRANTED to limited extent it seeks order staying Thompson's pending state court action.; 2. State court action pendin g in Cumberland Co CCP (Thompson v GGNSC... Civil Div. Docket No. 2015-00851) is STAYED pending further order of this court.; 3. GGNSC's petition 1 is DENIED w/out prejudice to extent it seeks order immediately compelling enforcement of partie s' ADR Agreement.; 4. Parties have 60 days from date of this order to conduct discovery limited to validity & enforceability of ADR Agmt & @ close thereof GGNSC may renew its petition for compel arbitration if warranted w/ br'ng w/ re: said petition to proceed acc to L.R. of court governing MSJs. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 4/28/15. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GGNSC CAMP HILL WEST SHORE, :
LP, d/b/a GOLDEN LIVING CENTER - :
WEST SHORE, et al.,
:
:
Petitioners
:
:
v.
:
:
SHIRLEY MAE THOMPSON, by and :
through her Attorney-in-Fact,
:
MICHELLE MULLEN,
:
:
Respondent
:

CIVIL ACTION NO. 1:15-CV-445
(Chief Judge Conner)

ORDER
AND NOW, this 28th day of April, 2015, upon consideration of the petition
(Doc. 1) to compel arbitration and enjoin related state court proceedings under the
Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1 et seq., filed by GGNSC Camp Hill
West Shore LP d/b/a Golden Living Center West Shore, GPH Camp Hill West
Shore, LP, Golden Gate National Senior Care, LLC, GGNSC Holdings, LLC,
GGNSC Equity Holdings, LLC, GGNSC Administrative Services, LLC, GGNSC
Clinical Services, LLC, and Golden Gate Ancillary LLC, (collectively, “GGNSC”),
and the response (Doc. 17) thereto filed by respondent Shirley Mae Thompson
(“Thompson”), by and through her attorney-in-fact, Michelle Mullen, and for the
reasons set forth in the accompanying memorandum, it is hereby ORDERED that:

1.

GGNSC’s petition (Doc. 1) is GRANTED to the limited extent it seeks
an order staying Thompson’s pending state court action.

2.

The state court action pending in the Court of Common Pleas of
Cumberland County, Pennsylvania, captioned Shirley Mae Thompson
v. GGNSC Camp Hill West Shore, LP d/b/a Golden Living Center West
Shore, et al., and appearing at civil division docket number 2015-00851,
is STAYED pending further order of this court.

3.

GGNSC’s petition (Doc. 1) is DENIED without prejudice to the extent
it seeks an order immediately compelling enforcement of the parties’
Alternative Dispute Resolution Agreement (“ADR Agreement”).

4.

The parties shall have sixty (60) days from the date of this order to
conduct discovery limited to the validity and enforceability of the ADR
Agreement. At the close thereof, GGNSC may renew its petition to
compel arbitration if warranted. Briefing with respect to said petition
shall proceed according to the Local Rules of Court governing motions
for summary judgment. See LOCAL RULES OF COURT 7.1-7.8.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania