Legal Opinion

Diversicare of Nicholasville, LLC v. Lowry

District Court, E.D. Kentucky

Decided September 30, 2016No. Action No. 5:16-cv-53-JMHPublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

Joseph M. Hood, Senior United States District Judge

This matter is before the Court on Defendant Lowry’s Amended Motion to Dismiss [DE 6] pursuant to Fed. R. Civ. P. 12(b)(7) for failure to join a necessary party under Rule 19.1 In her Response, Defendant asks this Court to determine that it lacks jurisdiction in this matter or, in the alternative, abstain from exercising jurisdiction and to dismiss the Plaintiffs’ Complaint under the Colorado River abstention doctrine in favor of the parallel state court action pending in the Jessamine Circuit Court. She further…

2Cases cited27 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  3. Howsam v. Dean Witter Reynolds, Inc.Supreme Court of the United States · 2002
  4. Allied-Bruce Terminix Cos., Inc. v. DobsonSupreme Court of the United States · 1995
  5. Hall Street Associates, L. L. C. v. Mattel, Inc.Supreme Court of the United States · 2008

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3Cited by4 opinions

  1. GGNSC Louisville St. Matthews v. MadisonDistrict Court, W.D. Kentucky · 2017
  2. BLC Lexington SNF, LLC v. OatisDistrict Court, E.D. Kentucky · 2019
  3. Boyd Nursing and Rehabilitation, LLC v. WellsDistrict Court, E.D. Kentucky · 2022
  4. Paducah Center for Health and Rehabilitation, LLC D/B/A Stonecreek Health and Rehabilitation v. Terry Lance Penix, as of the Estate of Terry Lynn PenixCourt of Appeals of Kentucky · 2023

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