Nkemakolam v. St. John's Military School

876 F. Supp. 2d 1240, 2012 WL 2449841
CourtDistrict Court, D. Kansas
DecidedJune 26, 2012
DocketCase No. 12-2132-JWL
StatusPublished
Cited by21 cases

This text of 876 F. Supp. 2d 1240 (Nkemakolam v. St. John's Military School) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nkemakolam v. St. John's Military School, 876 F. Supp. 2d 1240, 2012 WL 2449841 (D. Kan. 2012).

Opinion

MEMORANDUM AND ORDER

JOHN W. LUNGSTRUM, District Judge.

The matter is presently before the Court on the motion by defendant St. John’s Military School to dismiss the claims against it or alternatively to compel arbitration of those claims (Doc. # 19). For the reasons set forth below, the motion is denied. The matter is also before the Court on the motion by defendant St. John’s Military School to strike the exhibits attached to plaintiffs’ amended complaint (Doc. # 21). That motion is granted. Finally, the motion by defendant St. John’s Military School to designate Topeka as the place of trial (Doc. # 31) is denied.

I. Motion to Dismiss or Stay

A. Factual Background

By their first amended complaint, seven plaintiffs have asserted claims against St. John’s Military School (“St. John’s”) and two other defendants based on allegations of mistreatment of students enrolled at St. John’s. Six of the plaintiffs are parents asserting claims on behalf of their minor children; one former student asserts claims on his own behalf.

In the case of each of the seven former students, a parent or guardian entered into an enrollment contract with St. John’s that contained the following paragraph:

I understand that Cadet privileges will be suspended and academic credits, transcripts, diploma, and other evidence of school accomplishments may be withheld in the event of non-payment of any sums payable to the School hereunder. Any disagreements, disputes, or potential causes of action of any kind between St. John’s Military School and the Parent/Guardian shall be submitted to final and binding arbitration to be conducted according to the then-applicable rules of the American Arbitration Association. Venue for the arbitration shall be in Salina, Kansas. The obligation to arbitrate shall not be binding with respect to claims by St. John’s Military School against the Parent/Guardian arising out of the Parent/Guardian’s default under the Non-Negotiable Promissory Note payable to St. John’s Military School. The parties agree that the laws of the State of Kansas shall govern all actions or proceedings between St. John’s Military School and the Parent/Guardian. For purposes of entering a judgment on any arbitration award or for any other court proceeding, whether initiated by me or by the School, the parties further agree and consent that personal jurisdiction, subject matter jurisdiction, and venue shall exclusively be the District Court of Saline County, Kansas.

(Emphasis added.) The students themselves did not execute the contract.

B. Governing Standards

St. John’s filed its motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1), (3), [1244]*1244and (6), but in so moving it relies on evidence outside the complaint. Such a motion must be treated as one for summary judgment. See Fed.R.Civ.P. 12(d). If neither party is prejudiced, a court may convert a motion to dismiss to a motion for summary judgment without further notice or opportunity for additional briefing. See Bizilj v. St John’s Military School, 2008 WL 4394713, at *1 (D.Kan. Sept. 24, 2008). Neither party is prejudiced in this case, as defendant’s brief specifically addresses Bizilj, in which this rule was applied, and plaintiffs’ brief cites the standard governing motions for summary judgment. See id. (finding no prejudice in that case).

Summary judgment is appropriate if the moving party demonstrates that there is “no genuine dispute as to any material fact” and that it is “entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(a).

C. Analysis

St. John’s seeks dismissal or a stay on the basis of its argument that the claims against it must be submitted to arbitration pursuant to the above-quoted provision in the agreement signed by the students’ parents or guardians. In Bizilj, Judge Murguia of this District considered and rejected this argument by this same defendant based on a similar arbitration provision in defendant’s enrollment contract. See Bizilj, 2008 WL 4394713, at *2-3.1 Judge Murguia found no indication in the contract that the parties (St. John’s and the parents) intended to include the minor students’ claims within the scope of the arbitration provision. See id. at *3. Judge Murguia noted in that regard that the contract’s terms focused on the obligations of St. John’s and the parents and that the contract did not state that it was for the benefit of the children or that the children’s rights were being waived. See id. (citing Fleetwood Enters., Inc. v. Gaskamp, 280 F.3d 1069, 1077 (5th Cir.2002)).

Faced with Bizilj, St. John’s argues that Judge Murguia’s opinion is not binding on this Court and was incorrectly decided. The Court finds the reasoning in Bizilj to be sound and persuasive, however, and it follows Judge Murguia in concluding that the arbitration provision does not encompass claims held by the minor students.

St. John’s cites cases supporting the position that a parent may enter into an enforceable contract and agree to arbitration on behalf of her minor child. Plaintiffs do not dispute that such contracts are possible, however. Similarly, in Bizilj, Judge Murguia acknowledged that possibility. See id. (citing cases cited by St. John’s here). Nevertheless, Judge Murguia held, and this Court agrees, that there is no such contract here, as the arbitration provision expressly applies only to disputes or claims held by the parents or guardians who signed the contract, and does not apply also to claims held by the students or even to claims arising out of the students’ enrollment or the enrollment contract generally.2

[1245]*1245With respect to the actual language of its arbitration provision, St. John’s only argues that the provision must have been intended to cover students’ claims because in Kansas a minor’s cause of action must be brought by a guardian. See Bonin v. Vannaman, 261 Kan. 199, 212, 929 P.2d 754 (1996). The fact that a signatory may also be able to file legal claims on behalf of non-signatories, however, does not suggest that all such claims were intended to be included within the arbitration provision. The provision here applied to the parent-signatories’ disputes or causes of action. As made clear by the Kansas case cited by St. John’s, although the parent must bring the lawsuit, the cause of action belongs to the minor child. See id. (“if a minor has a cause of action, it must be pursued by a guardian”). Thus, the arbitration provision did not encompass causes of action held by the students, who did not sign the enrollment contract.

In its reply brief, St. John’s also argues that dismissal is mandated by the contract’s forum selection clause, which applies to judgments on arbitration awards and other court proceedings “initiated” by the parent-signatories. St.

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876 F. Supp. 2d 1240, 2012 WL 2449841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nkemakolam-v-st-johns-military-school-ksd-2012.