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16-203 - Preferred Care, Inc. et al v. Roberts


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16-203 - Preferred Care, Inc. et al v. Roberts
January 31, 2017
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OPINION AND ORDER: (1) The 8 Motion to Dismiss is GRANTED in part and DENIED in part as follows: (a) the Center's claim that the wrongful death action filed by the Estate in state court must be arbitrated is DISMISSED; (b) The Center's claim that the actions filed by the Estate in state court against Preferred Care, Inc.; Kentucky Partners Management, LLC; and Preferred Care Partners Management Group, LP must be arbitrated is DISMISSED; and (c) the Motion to Dismiss is otherwise DENIED. (2) The 2 Motion to Compel is GRANTED in part and DENIED in part as follows: (a) the motion is GRANTED as to all claims asserted by the Estate against Stanton Health Facilities, LP EXCEPT for the wrongful death claim; and (b) the motion is DENIED as to all other claims asserted by the Estate in the state court action. (3) The Estate MUST submit to arbitrate the claims it filed in Powell Circuit Court against Stanton Health Facilities, LP EXCEPT for the wrongful death claim. (4) The Estate is ENJOINED from proceeding with the action it filed in Powell Circuit Court against Stanton Health Facilities, LP EXCEPT for the wrongful death claim. (5) The 14 Motion for Preliminary Injunction is DENIED as moot. Signed by Judge Karen K. Caldwell on January 31, 2017. (AWD) cc: COR
May 19, 2017
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ORDER: The Court ORDERS the Center's motion to alter, amend or vacate 19 this Court's denial of center's motion to compel the Estate to arbitrate its claims against the nonsignatories to arbitration agreement is DENIED. Signed by Judge Karen K. Caldwell on 5/19/2017.(KM)cc: COR