CLOUSER v. GOLDEN GATE NATIONAL SENIOR CARE, LLC et al
MEMORANDUM OPINION AND ORDER granting 86 Motion for Reconsideration. Accordingly, Plaintiff's wrongful death claim before this Court is hereby STAYED pending the arbitration of her survival claim, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 10/10/2017. (dlg)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
SYLVIA A. CLOUSER,
CIVIL ACTION NO. 3:15-33
JUDGE KIM R. GIBSON
GOLDEN GATE NATIONAL SENIOR
CARE, LLC, et al.,
Before the Court is Defendants' Motion for Reconsideration of Order Denying
Defendants' Motion to Stay Trial of Wrongful Death Claim. (ECF No. 86.) The motion has been
fully briefed (see ECF Nos. 8, 89, 92) and is ripe for disposition. For the reasons stated below,
Defendants' motion will be GRANTED.
The Court has jurisdiction over the instant action pursuant to 28 U.S.C. § 1332 and 28
U.S.C. § 1441. Venue is proper pursuant to 28 U.S.C. § 1391.
Plaintiff initiated this action by filing a complaint in the Court of Common Pleas of Blair
County, Pennsylvania, on January 12, 2015. (See ECF No. 1-2.) Defendants removed the case to
this Court on February 5, 2015. (ECF No. 1.)
Plaintiff sued Defendants individually and on behalf of her late husband's estate. 1 Plaintiff
brought two claims against Defendants. In Count I of her complaint, Plaintiff asserted a wrongful
death claim. (ECF No. 1-2 at 'Il'Il 7-8.) In Count II of her complaint, Plaintiff asserted a survival
claim. (Id. at 'Il
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