Anderson v. Evangelical Lutheran Good Samaritan Soc'y

308 F. Supp. 3d 1011
CourtDistrict Court, N.D. Iowa
DecidedApril 10, 2018
DocketNo. C 18–2008–MWB
StatusPublished
Cited by87 cases

This text of 308 F. Supp. 3d 1011 (Anderson v. Evangelical Lutheran Good Samaritan Soc'y) is published on Counsel Stack Legal Research, covering District Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Evangelical Lutheran Good Samaritan Soc'y, 308 F. Supp. 3d 1011 (N.D. Iowa 2018).

Opinion

MARK W. BENNETT, U.S. DISTRICT COURT JUDGE

TABLE OF CONTENTS

I. INTRODUCTION ... 1014 *1014II. LEGAL ANALYSIS ... 1015

A. Standard Of Review ... 1015

B. Analysis ... 1016

1. The applicable standards of review ...1016
2. "Mandatory" vs. "discretionary" stays ... 1016
3. Is a "mandatory" or "discretionary" stay appropriate? ... 1017
4. Consideration of relevant factors for a stay ... 1017
III. CONCLUSION ... 1019

This case, removed to this federal court on the basis of diversity jurisdiction, arises from the death of the plaintiff's father in a care facility for the elderly operated by the defendant. The plaintiff is the executor of his father's estate, and he has brought this suit in his capacity as the executor and as an individual. On behalf of the estate, the plaintiff seeks damages on claims that the defendant negligently, recklessly, and wrongfully caused his father's death, breached the contract regarding his care, and engaged in dependent adult abuse. In his individual claim, the plaintiff seeks damages for loss of parental consortium. The question now before me is whether to stay all proceedings pending arbitration of the estate's claims or to deny a stay as to the plaintiff's individual claim.

I. INTRODUCTION

This case is before me on Chief United States Magistrate Judge C.J. Williams's March 12, 2018, Report And Recommendation Regarding Defendant's Motion To Compel Arbitration And Stay Proceedings. In his Report And Recommendation, Judge Williams recommends that I grant in part and deny in part defendant's February 12, 2018, Motion To Compel Arbitration And Stay Proceedings. Specifically, Judge Williams recommends that I compel plaintiff Eric Anderson to arbitrate his father's estate's claims, but not his individual claim for loss of parental consortium, and that I stay all proceedings pending arbitration of the estate's claims. On March 26, 2018, Anderson filed his Objection To The Magistrate's Report And Recommendation, in which he objected only to the stay of his loss of parental consortium claim pending arbitration of the estate's claims.

In the part of his Report And Recommendation considering whether the court should stay all proceedings, Judge Williams stated the following:

Section three of the Federal Arbitration Act ("FAA") empowers federal courts to stay proceedings of issues referable to arbitration. 9 U.S.C. § 3. If a court determines that a claim falls within the scope of a valid arbitration agreement, under sections three and four of the FAA, the court may stay proceedings and compel the parties to submit their dispute to arbitration. Lyster v. Ryan's Family Steak Houses, Inc. , 239 F.3d 943, 945 (8th Cir. 2001). Here, there is no indication that plaintiff will be prejudiced by staying proceedings pending arbitration of the estate's claims. Plaintiff only refers obliquely and vaguely to "logistical issues" that would arise. (Doc. 5, at 4). This case is very young, the parties have conducted little, if any, discovery, and they have not litigated any substantial issues in federal court. I find that it is in the interest of the parties and judicial efficiency to stay all proceedings pending the outcome of arbitration. See Hoffman v. Cargill, Inc. , 968 F.Supp. 465, 477 (N.D. Iowa 1997) (staying all claims pending arbitration of some of the claims).

Report And Recommendation, 9.

Anderson objects to this part of the Report And Recommendation, because he contends that his individual claim is entirely separate from the estate's claims and *1015that none of the pertinent factors warrant a stay depriving him of his constitutional right to a prompt jury trial on his claim. He argues that there is no evidence that any finding of the arbiters on the estate's claims would have any binding effect on his loss of parental consortium claim, so that there is no savings of judicial resources from staying his claim. He also argues that the risk of inconsistent rulings does not warrant a stay, while the denial of justice resulting from a delay of a jury trial on his claim, which is his constitutional right, outweighs any reason for a stay. He distinguishes Hoffman , on which Judge Williams relied, on the ground that, while Hoffman involved arbitrable and non-arbitrable claims by the same plaintiff, here, he is an entirely separate party from the estate.

II. LEGAL ANALYSIS
A. Standard Of Review

The applicable statute expressly provides for de novo review by a district judge of a magistrate judge's report and recommendation when objections are made , as follows:

A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions.

28 U.S.C. § 636(b)(1) (2006) (emphasis added); see FED. R. CIV. P. 72(b) (stating identical requirements); N.D. IA. L.R. 72, 72.1 (allowing the referral of dispositive matters to a magistrate judge but not articulating any standards to review the magistrate judge's report and recommendation). Thus, "[a]ny party that desires plenary consideration by the Article III judge of any issue need only ask." Thomas v. Arn , 474 U.S. 140, 154, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985).

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Bluebook (online)
308 F. Supp. 3d 1011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-evangelical-lutheran-good-samaritan-socy-iand-2018.