2
affirmative defenses and counterclaims.
1
Thereafter, ASC filed a Motion to Dismiss Burkhart’s
counterclaims. For the following reasons, the Court denies as moot without prejudice Werner’s
Motion to Dismiss and grants ASC’s Motion to Dismiss.
I. BACKGROUND
The following facts are not necessarily objectively true, but as required when reviewing a
motion to dismiss, the Court accepts as true all factual allegations in the complaint (or the
counterclaim), thus the Court draws all inferences in favor of ASC (or Burkhart) as the non-moving
party. See Bielanski v. County of Kane, 550 F.3d 632, 633 (7th Cir. 2008) (standard for dismissal
of a complaint); Cozzi Iron & Metal, Inc. v. U.S. Office Equip., Inc., 250 F.3d 570, 574 (7th Cir.
2001) (similar standard for dismissal of a counterclaim). This background section is not intended
to be a comprehensive presentation of the facts of the case.
ASC is a privately-owned Indiana company headquartered in Indianapolis. It owns,
operates, and manages a variety of extended care facilities, including assisted and independent
senior living communities, nursing homes, and skilled living facilities throughout Indiana. The
Health and Hospital Corporation of Marion County (“HHC”) holds the health care operating
licenses for most of the facilities that ASC manages, and as a result, bears the sole financial and
regulatory responsibilities for each of ASC’s facilities. ASC manages seventy-eight skilled
nursing homes, four assisted living facilities, and numerous independent housing units on behalf
of HHC. ASC and its affiliates employ over 10,000 employees in providing care to residents and
management of its facilities and ASC cares for over 9,000 residents (Filing No. 1 at 3, 7–8).
1
Co-defendants ACCD LLC d/b/a Crusader Healthcare Services III, American Senior Care LLC, JACCD LLC d/b/a
Crusader IV, 105214 Investments LLC d/b/a Crusader Healthcare Services, and 105210 Investments LLC d/b/a
Crusader Healthcare Services II each joined in Burkhart’s Answer, Affirmative Defenses, and Counterclaims and are
collectively referred to as “Burkhart” or the “Burkhart Defendants” in that filing (Filing No. 83 at 1
–2).
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