ERIE OPERATING, LLC et al v. FOSTER

Filing 37

MEMORANDUM ORDER adopting Report and Recommendations 34 re: Plaintiffs' Motion to Stay 28 . Signed by Judge Terrence F. McVerry on 7/6/2015. (rjw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ERIE OPERATING, LLC d/b/a
GOLDEN LIVING CENTER-WALNUT
CREEK, ERIE ACQUISITION, LLC;
GOLDEN GATE NATIONAL SENIOR
CARE, LLC; GGNSC EQUITY
HOLDINGS, LLC; GGNSC CLINICAL
SERVICES, LLC;
GGNSC ADMINISTRATIVE SERVICES,
LLC; SPECTRA HEALTHCARE
ALLIANCE, INC.; SPECTRA
HEALTCARE ALLIANCE VI, LLC; and
BEVERLY ENTERPRISES, INC.,
Plaintiffs,
v.
TOM FOSTER, Administrator of the
Estate of Kenneth W. Foster, Deceased,
Defendant.

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C.A. No. 14-72 Erie

MEMORANDUM ORDER
This civil action under the Federal Arbitration Act was referred to United States
Magistrate Judge Susan Paradise Baxter for report and recommendation (“R&R”) in accordance
with the Magistrates Act, 28 U.S.C. ' 636(b)(1), and Local Rules 72.1.3 and 72.1.4. On June 24,
2015, Judge Baxter issued an R&R in which she recommended that Plaintiffs’ MOTION TO
STAY PROCEEDINGS IN THE COURT OF COMMON PLEAS OF ERIE COUNTY,
PENNSYLVANIA (ECF No. 28) be denied. Judge Baxter concluded that it would not be
appropriate to issue a stay under the Federal Arbitration Act. She further determined that none of
the exceptions to the Anti-Injunction Act, which generally prohibits federal district courts from
enjoining parallel state court actions, were applicable in this case.
Plaintiffs were allowed fourteen (14) days within which to file objections to the R&R.

They have since done so (ECF No. 35). In their objections, Plaintiffs take issue with Judge
Baxter’s conclusion that the “necessary in aid of jurisdiction” exception to the Anti-Injunction
Act has not been satisfied. Defendant was given seven (7) days from the date on which
Plaintiffs’ objections were served to file a response. However, no response is necessary. The
Court finds that Judge Baxter reached a reasoned, well-supported conclusion in denying
Plaintiffs’ request for a stay.
Accordingly, after a de novo review of the pleadings and documents in this case, the
following Order is entered:
AND NOW, this 6th day of July, 2015:
IT IS HEREBY ORDERED that the R&R is ADOPTED as the Opinion of the Court,
and therefore, Plaintiffs’ motion to stay the state court proceedings is DENIED.
The case is hereby remanded to Magistrate Judge Baxter for further proceedings.
s/ Terrence F. McVerry
TERRENCE F. McVERRY
Senior United States District Judge
cc:

U.S. Magistrate Judge Susan Paradise Baxter
William M. Buchanan, Esq.
Email: [e-mail]
Patrick L. Mechas, Esq.
Email: [e-mail]
Michael T. Collis, Esq.
Email: [e-mail]
Ryan J. Duty, Esq.
Email: [e-mail]