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1
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NOTICE OF REMOVAL by Disability Rights Idaho, Inc. from District Court, Fourth Judicial District, Ada County, State of Idaho, case number CV 0T 1416560.(Filing fee $400 receipt number0976-1204218.), filed by Disability Rights Idaho, Inc.. (Attachments: # 1 Cover Sheet Civil Cover Sheet 1:14-CV-369, # 2 Summons Summons CV 0T 1416560 8-29-14, # 3 State Court Complaint Complaint CV 0T 1416560, # 4 Exhibit Complaint Exhibit A, # 5 Exhibit Complaint Exhibit B, # 6 Exhibit Complaint Exhibit C, # 7 Exhibit Complaint Exhibit D, # 8 Exhibit Complaint Exhibit E, # 9 Exhibit Complaint Exhibit F, # 10 Exhibit Complain Exhibit G, # 11 Exhibit Complaint Exhibit H, # 12 Exhibit Complaint Exhibit I Part 1, # 13 Exhibit Complaint Exhibit I Part 2, # 14 State Court Service Documents CV OT 146560 Return & Affidavit of Service, # 15 CV OT 1416560 Registry of Actions 9-3-14)(Hummel, John)
1 Cover Sheet Civil Cover Sheet 1:14-CV-369
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2 Summons Summons CV 0T 1416560 8-29-14
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3 State Court Complaint Complaint CV 0T 1416560
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4 Exhibit Complaint Exhibit A
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5 Exhibit Complaint Exhibit B
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6 Exhibit Complaint Exhibit C
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7 Exhibit Complaint Exhibit D
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8 Exhibit Complaint Exhibit E
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9 Exhibit Complaint Exhibit F
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10 Exhibit Complain Exhibit G
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11 Exhibit Complaint Exhibit H
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12 Exhibit Complaint Exhibit I Part 1
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13 Exhibit Complaint Exhibit I Part 2
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14 State Court Service Documents CV OT 146560 Return & Affidavit of Service
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15 CV OT 1416560 Registry of Actions 9-3-14
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Sept. 8, 2014
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Sept. 8, 2014
PACER
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2
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Corporate Disclosure Statement by Disability Rights Idaho, Inc.. (Hummel, John)
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Sept. 8, 2014
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Sept. 8, 2014
PACER
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RETURN OF SERVICE/PROCESS ASSUMED EXECUTED - Disability Rights Idaho, Inc. served on 9/5/2014. (service assumed for internal reporting purpose only) (st)
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Sept. 8, 2014
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Sept. 8, 2014
PACER
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3
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NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Ada County, Ada County Coroner, and Disability Rights Idaho, Inc. re 1 Notice of Removal. Consent/Objection to Magistrate due by 11/10/2014. (st)
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Sept. 8, 2014
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Sept. 8, 2014
PACER
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4
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Docket entry only - CONSENT to Magistrate Judge filed. (st)
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Sept. 9, 2014
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Sept. 9, 2014
PACER
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5
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ANSWER to Complaint for Declaratory Relief dated August 29, 2014, COUNTERCLAIM against Ada County Coroner by Disability Rights Idaho, Inc.. (Attachments: # 1 Exhibit DRI Counterclaim Exhibit A, # 2 Exhibit DRI Counterclaim Exhibit B, # 3 Exhibit DRI Counterclaim Exhibit C, # 4 Exhibit DRI Counterclaim Exhibit D, # 5 Exhibit DRI Counterclaim Exhibit E, # 6 Exhibit DRI Counterclaim Exhibit F, # 7 Exhibit DRI Counterclaim Exhibit G, # 8 Exhibit DRI Counterclaim Exhibit H)(Hummel, John)
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Sept. 18, 2014
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Sept. 18, 2014
PACER
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6
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NOTICE of Hearing: Telephonic Scheduling Conference set for 10/7/2014 02:00 PM Telephonic Hearing - Boise Courtroom 6 before Judge Candy W. Dale. (Attachments: # 1 TSC Letter, # 2 Litigation Plan) (ah)
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Sept. 19, 2014
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Sept. 19, 2014
PACER
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7
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AMENDED DOCKET ENTRY NOTICE of Hearing: Per the request of counsel in this matter, the Telephonic Scheduling Conference currently set for 10/7/2014 02:00 PM is hereby VACATED and RE-SET for 10/21/2014 01:30 PM PDT, 02:30 PM MDT Telephonic Hearing - Coeur d'Alene BK/Magistrate Courtroom before Judge Candy W. Dale. Counsel for Plaintiff to initiate the conference call and when all parties are on the line, connect to the courtroom at 208-665-6862. Litigation Plan(s) to be filed on or before 10/14/2014. (ah)
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Sept. 24, 2014
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Sept. 24, 2014
PACER
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8
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ANSWER to 5 Answer to Complaint, Counterclaim,,,, to Counterclaim of Disability Rights Idaho, Inc. Against Erwin Sonnenberg, In His Official Capacity as Ada County Coroner by Ada County, Ada County Coroner.(Petty, Gene)
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Oct. 7, 2014
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Oct. 7, 2014
PACER
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9
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MOTION to Remand Gene A Petty appearing for Plaintiffs Ada County, Ada County Coroner, Counter Defendant Ada County Coroner. Responses due by 10/31/2014 (Attachments: # 1 Memorandum in Support of Motion to Remand, # 2 Affidavit of Erwin Sonnenberg in Support of Motion to Remand)(Petty, Gene)
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Oct. 7, 2014
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Oct. 7, 2014
PACER
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10
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SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Disability Rights Idaho, Inc., Disability Rights Idaho, Inc.. (Hummel, John)
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Oct. 9, 2014
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Oct. 9, 2014
PACER
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11
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SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Ada County, Ada County Coroner. (Petty, Gene)
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Oct. 10, 2014
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Oct. 10, 2014
PACER
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12
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AMENDED DOCKET ENTRY NOTICE of Hearing: Telephonic Scheduling Conference set for 10/21/2014 02:30 PM MDT Telephonic Hearing - Boise Courtroom 6 before Judge Candy W. Dale. Counsel for Plaintiff to initiate the conference call and when all parties are on the line, connect to the courtroom at 208-334-9945. (same date/time as previously set, **please note new call-in telephone number**) (at)
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Oct. 20, 2014
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Oct. 20, 2014
PACER
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14
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Minute Entry for proceedings held before Judge Candy W. Dale: Appearance by Gene Petty for the Plaintiff; John Hummel for the Defendant. Telephonic Scheduling Conference held on 10/21/2014. Court and counsel discussed dates as contained in filed Litigation Plans. Consent process discussed. Telephonic Status Conference to be set in early 2015, specific date/time to be included in forthcoming Case Management Order. Time in Court 10 mins. (Hearing not recorded.) (at) (Entered: 10/23/2014)
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Oct. 21, 2014
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Oct. 21, 2014
PACER
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13
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CASE MANAGEMENT ORDER. Amended Pleadings due by 12/15/2014. Discovery due by 2/16/2015. Joinder of Parties due by 12/15/2014. Dispositive Pretrial Motions due by 4/15/2015. The Court will conduct a telephonic status conference on Monday, 1/26/2015, at 4:00 p.m. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Oct. 22, 2014
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Oct. 22, 2014
PACER
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Set/Reset Hearings: Telephonic Status Conference set for 1/26/2015 04:00 PM in Boise - Courtroom 6 before Judge Candy W. Dale. (Per Case Management Order, dkt #13)(st)
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Oct. 22, 2014
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Oct. 22, 2014
PACER
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15
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RESPONSE to Motion re 9 MOTION to Remand filed by Plaintiffs on 10/7/2014 filed by Disability Rights Idaho, Inc.. Replies due by 11/17/2014.(Hummel, John)
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Oct. 29, 2014
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Oct. 29, 2014
PACER
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16
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NOTICE of Appearance by John C Hummel on behalf of Disability Rights Idaho, Inc., Disability Rights Idaho, Inc. (Hummel, John)
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Oct. 30, 2014
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Oct. 30, 2014
PACER
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17
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STIPULATION to Extend Scheduling Deadlines by Ada County, Ada County Coroner. (Petty, Gene)
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Nov. 7, 2014
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Nov. 7, 2014
PACER
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18
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ORDER TO EXTEND SCHEDULING DEADLINE. The Stipulation 17 is GRANTED. IT IS HEREBY ORDERED that Ada County and Ada County Coroner's Reply Memorandum in Support of Motion to Remand 9 be extended for 30 days. Therefore, Ada County's reply memorandum is due on 12/17/2014. (Amended Pleadings due by 1/14/2015. Joinder of Parties due by 1/14/2015.). Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Nov. 10, 2014
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Nov. 10, 2014
PACER
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Set/Reset Deadlines as to 9 MOTION to Remand . Replies due by 12/17/2014. (Per Order, dkt #18)(st)
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Nov. 10, 2014
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Nov. 10, 2014
PACER
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The 60 day deadline has expired. Case has been reassigned to a District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (st)
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Nov. 12, 2014
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Nov. 12, 2014
PACER
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DOCKET ENTRY NOTICE of Case Number Change. Case reassigned to Judge Edward J. Lodge for all further proceedings. Judge Candy W. Dale no longer assigned to case. Please use this case number on all future pleadings, 1:14-cv-00369-EJL. (st)
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Nov. 12, 2014
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Nov. 12, 2014
PACER
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19
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MEMORANDUM in Support re 9 MOTION to Remand filed by Ada County, Ada County Coroner.(Petty, Gene)
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Dec. 2, 2014
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Dec. 2, 2014
PACER
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20
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NOTICE of Substitution - Attorney John C Hummel terminated. (Hummel, John)
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Dec. 11, 2014
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Dec. 11, 2014
PACER
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21
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DOCKET ENTRY NOTICE VACATING HEARING: Due to reassignment of this matter on 11/12/2014, the Telephonic Status Conference set for 1/26/2015 04:00 PM in Boise - Courtroom 6 before Judge Candy W. Dale is hereby VACATED. (at)
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Jan. 7, 2015
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Jan. 7, 2015
PACER
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22
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STIPULATION TO CONTINUE DISPOSITIVE MOTION DEADLINE by Disability Rights Idaho, Inc.. (Cunningham, Amy)
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Feb. 25, 2015
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Feb. 25, 2015
PACER
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23
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ORDER GRANTING A CONTINUANCE OF THE DISPOSITIVE MOTION DEADLINE re 22 Stipulation filed by Disability Rights Idaho, Inc. Accordingly, it is ORDERED that: The 4/15/2015 dispositive motion deadline in Judge Dale's Case Management Order dated 10/22/2014 (Dkt 13), in this action is hereby VACATED. The deadlines set forth below will govern the filing of dispositive motions. Dispositive Motion deadline will be forty-five (45) days from the issuance of this Court's Order on the pending Motion to Remand (Dkt 9). Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Feb. 27, 2015
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Feb. 27, 2015
PACER
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24
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MEMORANDUM DECISION AND ORDER. Based on the foregoing, and being fully advised in the premises, IT IS HEREBY ORDERED that the Motion to Remand 9 is DENIED. IT IS FURTHER ORDERED that any dispositive motion(s) shall be filed by 6/15/2015. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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April 29, 2015
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April 29, 2015
RECAP
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25
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NOTICE of Appearance by Courtney Rose Holthus on behalf of Disability Rights Idaho, Inc., Disability Rights Idaho, Inc. (Holthus, Courtney)
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May 4, 2015
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May 4, 2015
PACER
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26
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NOTICE of Substitution - Attorney Sherry A Morgan for Ada County,Sherry A Morgan for Ada County Coroner,Sherry A Morgan for Ada County Coroner added. Attorney Gene A Petty terminated. (Morgan, Sherry)
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May 21, 2015
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May 21, 2015
PACER
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27
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MOTION for Leave to File Excess Pages Courtney Rose Holthus appearing for Counter Claimant Disability Rights Idaho, Inc., Defendant Disability Rights Idaho, Inc.. Responses due by 7/6/2015 (Holthus, Courtney)
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June 9, 2015
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June 9, 2015
PACER
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28
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NOTICE by Ada County, Ada County Coroner re 27 MOTION for Leave to File Excess Pages Notice of Non-Opposition (Morgan, Sherry)
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June 10, 2015
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June 10, 2015
PACER
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CORRECTIVE ENTRY - Docket number 28 Notice (Other) filed by Ada County, Ada County Coroner was filed using the wrong event. The filing party shall re-submit their filing using the event 'Response to Motion'.(st)
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June 11, 2015
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June 11, 2015
PACER
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Corrective Entry
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June 11, 2015
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June 11, 2015
PACER
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29
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RESPONSE to Motion re 27 MOTION for Leave to File Excess Pages filed by Ada County, Ada County Coroner. Replies due by 6/29/2015.(Morgan, Sherry)
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June 11, 2015
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June 11, 2015
PACER
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30
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DOCKET ENTRY ORDER granting 27 Motion for Leave to File Excess Pages. Both parties shall be given leave to file 37-page cross-motions for summary judgment. SO ORDERED. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dmc)
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June 15, 2015
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June 15, 2015
PACER
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Order on Motion for Leave to File Excess Pages
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June 15, 2015
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June 15, 2015
PACER
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31
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MOTION to Dismiss, Motion for Judgment on the Pleadings, and Motions for Summary Judgment Courtney Rose Holthus appearing for Counter Claimant Disability Rights Idaho, Inc., Defendant Disability Rights Idaho, Inc.. Responses due by 7/9/2015 (Attachments: # 1 Memorandum in Support Memorandum in Support of Dispositive Motions, # 2 Separate Statement of Undisputed Material Facts, # 3 Affidavit Affidavit of Cecilia Vega, # 4 Affidavit Affidavit of Dina M. Flores-Brewer, # 5 Affidavit Affidavit of Leanne Jopson)(Holthus, Courtney)
1 Memorandum in Support Memorandum in Support of Dispositive Motions
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2 Separate Statement of Undisputed Material Facts
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3 Affidavit Affidavit of Cecilia Vega
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4 Affidavit Affidavit of Dina M. Flores-Brewer
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5 Affidavit Affidavit of Leanne Jopson
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June 15, 2015
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June 15, 2015
RECAP
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32
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MOTION for Summary Judgment Sherry A Morgan appearing for Plaintiffs Ada County, Ada County Coroner. Responses due by 7/9/2015 (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment, # 2 Statement of Material Facts, # 3 Affidavit of Dotti Owens)(Morgan, Sherry)
1 Memorandum in Support of Motion for Summary Judgment
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2 Statement of Material Facts
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3 Affidavit of Dotti Owens
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June 15, 2015
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June 15, 2015
RECAP
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33
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MOTION for Leave to File Excess Pages for Responsive Brief Courtney Rose Holthus appearing for Counter Claimant Disability Rights Idaho, Inc., Defendant Disability Rights Idaho, Inc.. Responses due by 7/27/2015 (Holthus, Courtney)
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July 1, 2015
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July 1, 2015
PACER
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34
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DOCKET ENTRY ORDER granting 33 Motion for Leave to File Excess Pages. Each party shall be allowed to file thirty (30) page response briefs, if necessary. SO ORDERED. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dmc)
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July 6, 2015
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July 6, 2015
PACER
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Order on Motion for Leave to File Excess Pages
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July 6, 2015
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July 6, 2015
PACER
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35
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RESPONSE to Motion re 31 MOTION to Dismiss, Motion for Judgment on the Pleadings, and Motions for Summary Judgment filed by Ada County, Ada County Coroner. Replies due by 7/23/2015.(Morgan, Sherry)
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July 6, 2015
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July 6, 2015
PACER
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36
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RESPONSE to Motion re 32 MOTION for Summary Judgment Filed on June 15, 2015 filed by Disability Rights Idaho, Inc., Disability Rights Idaho, Inc.. Replies due by 7/23/2015. (Attachments: # 1 Response_Pages 14-22, # 2 Response_Pages 23-28, # 3 Exhibit Exhibit A_Pages 1-8, # 4 Exhibit Exhibit A_Pages 9-16, # 5 Affidavit Affidavit of Jim Baugh, # 6 Exhibit Exhibit 1 to Affidavit of Jim Baugh, # 7 Exhibit Exhibit 2 to Affidavit of Jim Baugh)(Holthus, Courtney)
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July 6, 2015
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July 6, 2015
PACER
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37
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MOTION for Leave to File Excess Pages Courtney Rose Holthus appearing for Counter Claimant Disability Rights Idaho, Inc., Defendant Disability Rights Idaho, Inc.. Responses due by 8/7/2015 (Holthus, Courtney)
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July 14, 2015
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July 14, 2015
PACER
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38
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REPLY to Response to Motion re 32 MOTION for Summary Judgment filed by Ada County, Ada County Coroner.(Morgan, Sherry)
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July 20, 2015
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July 20, 2015
PACER
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39
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REPLY to Response to Motion re 31 MOTION to Dismiss, Motion for Judgment on the Pleadings, and Motions for Summary Judgment filed by Disability Rights Idaho, Inc., Disability Rights Idaho, Inc..(Holthus, Courtney)
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July 20, 2015
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July 20, 2015
PACER
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40
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Department of Justice Statement of Interest by United States (England, Christine) Modified on 7/23/2015 to edit filer at US Attorney's Office's request (st).
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July 20, 2015
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July 20, 2015
RECAP
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41
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DOCKET ENTRY ORDER granting 37 Motion for Leave to File Excess Pages. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dmc)
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July 27, 2015
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July 27, 2015
PACER
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Order on Motion for Leave to File Excess Pages
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July 27, 2015
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July 27, 2015
PACER
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42
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MEMORANDUM DECISION AND ORDER. NOW THEREFORE, IT IS HEREBY ORDERED: DRI's Motion to Dismiss, Motion for Judgment on the Pleadings, and Motion for Summary Judgment 31 is GRANTED IN PART and DENIED IN PART. The Coroner must immediately give DR I access to D.T.'s records. The Coroner's Motion for Summary Judgment 32 is GRANTED IN PART and DENIED IN PART. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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March 7, 2016
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March 7, 2016
RECAP
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43
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JUDGMENT. Pursuant to the Court's 3/7/2016 Memorandum Order, entered herewith, and the Court being fully advised in the premises, IT IS HEREBY ORDERED, AJDUGED AND DECREED that judgment is accordingly entered as follows: Judgment is entered in favor of DisAbility Rights with respect to the issue of its right to access certain records under the Protection and Advocacy for Individuals with Mental Illness Act of 1986, 42 U.S.C. ยง 10801 et. seq. (PAIMI), the Court having declared DisAbility Rights is entitled to such records under PAIMI, and that the Coroner shall release such records to DisAbility Rights. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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March 7, 2016
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March 7, 2016
PACER
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