Case: Seyb v. Members of the Idaho Board of Medicine

1:24-cv-00244 | U.S. District Court for the District of Idaho

Filed Date: May 14, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns a challenge to Idaho’s abortion bans.  On May 14, 2024 an Idaho physician filed suit for declaratory and injunctive relief in Idaho’s federal court against members of the Idaho Board of Medicine as well as several county prosecutors, all in their official capacity. Plaintiff was represented by Legal Voice and the Lawyering Project. Plaintiff alleged that Idaho’s abortion bans violated the 14th Amendment’s substantive due process and equal protection clauses by preventing wome…

This case concerns a challenge to Idaho’s abortion bans. 

On May 14, 2024 an Idaho physician filed suit for declaratory and injunctive relief in Idaho’s federal court against members of the Idaho Board of Medicine as well as several county prosecutors, all in their official capacity. Plaintiff was represented by Legal Voice and the Lawyering Project. Plaintiff alleged that Idaho’s abortion bans violated the 14th Amendment’s substantive due process and equal protection clauses by preventing women from being able to access live-saving medical care if they experience pregnancy complications. The case was assigned to Judge Lynn Winmill. 

The defendant county prosecutors filed motions to dismiss on July 16, 

On March 31, 2025 the court ruled on three motions to dismiss, denying defendants’ motion to dismiss for lack of standing and failure to state a claim, and granting two motions to dismiss specific prosecutors from the case. On the standing issue the court ruled that the plaintiff had both individualized and third party standing sufficient to bring suit.  With regards to the plaintiff’s substantive due process claim, the court found that the constitutional right to an abortion to address life-altering medical complications was “yet to be determined” post-Dobbs and that it could plausibly fail strict scrutiny or rational basis review. On the Equal Protection front, the court found that the law could plausibly be found to treat pregnant people in a medical emergency differently depending on how their medical emergency arose, and thus may present an equal protection problem. 

In the same order, the court granted the plaintiff's motion to amend the complaint. 

This case is ongoing. 

 

Summary Authors

Daria Wick (4/1/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68527351/parties/seyb-v-members-of-the-idaho-board-of-medicine/


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Documents in the Clearinghouse

Document
1

1:24-cv-00244

Complaint

May 14, 2024

May 14, 2024

Complaint
54

1:24-cv-00244

Memorandum Decision and Order

March 31, 2025

March 31, 2025

Order/Opinion

2025 WL 963957

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68527351/seyb-v-members-of-the-idaho-board-of-medicine/

Last updated Aug. 3, 2025, 10:14 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number AIDDC-2751398.), filed by Stacy Seyb. (Attachments: # 1 Cover Sheet Civil Cover Sheet)(O'Neill, Kelly)

1 Cover Sheet Civil Cover Sheet

View on PACER

May 14, 2024

May 14, 2024

Clearinghouse
2

MOTION FOR PRO HAC VICE APPEARANCE by Jamila Johnson. ( Filing fee $ 250 receipt number AIDDC-2751441.)Kelly O'Neill appearing for Plaintiff Stacy Seyb. Responses due by 6/4/2024 (O'Neill, Kelly)

May 14, 2024

May 14, 2024

PACER
3

MOTION FOR PRO HAC VICE APPEARANCE by Paige Suelzle. ( Filing fee $ 250 receipt number AIDDC-2751444.)Kelly O'Neill appearing for Plaintiff Stacy Seyb. Responses due by 6/4/2024 (O'Neill, Kelly)

May 14, 2024

May 14, 2024

PACER
4

MOTION FOR PRO HAC VICE APPEARANCE by Wendy Heipt. ( Filing fee $ 250 receipt number AIDDC-2751452.)Kelly O'Neill appearing for Plaintiff Stacy Seyb. Responses due by 6/4/2024 (O'Neill, Kelly)

May 14, 2024

May 14, 2024

PACER
5

MOTION FOR PRO HAC VICE APPEARANCE by Tanya Pellegrini. ( Filing fee $ 250 receipt number AIDDC-2751455.)Kelly O'Neill appearing for Plaintiff Stacy Seyb. Responses due by 6/4/2024 (O'Neill, Kelly)

May 14, 2024

May 14, 2024

PACER
6

MOTION FOR PRO HAC VICE APPEARANCE by Stephanie Toti. ( Filing fee $ 250 receipt number AIDDC-2751462.)Kelly O'Neill appearing for Plaintiff Stacy Seyb. Responses due by 6/4/2024 (O'Neill, Kelly)

May 14, 2024

May 14, 2024

PACER
7

DOCKET ENTRY ORDER approving dkt. 2, 3, 4, 5, 6 Motion for Pro Hac Vice Appearance of attorney's Jamila Asha Johnson,Paige Butler Suelzle,Wendy Heipt,Tanya Pellegrini, and Stephanie Toti for Stacy Seyb. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac) (Entered: 05/15/2024)

May 14, 2024

May 14, 2024

PACER
8

LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE - IT IS HEREBY ORDERED AS FOLLOWS: The Court will conduct a Telephonic Scheduling Conference onAugust 5, 2024, at 9:30 AM mountain time, for purpose of confirming the deadlines proposed by the parties in the joint Litigation Plan. On or before July 29, 2024, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Signed by US Magistrate Judge Debora K Grasham. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

May 23, 2024

May 23, 2024

PACER
9

WAIVER OF SERVICE Returned Executed by Stacy Seyb. Jerome County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024. (Toti, Stephanie)

June 5, 2024

June 5, 2024

PACER
10

NOTICE of Appearance by Aaron Michael Green on behalf of Ada County Prosecuting Attorney, Adams County Prosecuting Attorney, Bannock County Prosecuting Attorney, Bear Lake County Prosecuting Attorney, Benewah County Prosecuting Attorney, Bingham County Prosecuting Attorney, Blaine County Prosecuting Attorney, Boise County Prosecuting Attorney, Bonner County Prosecuting Attorney, Boundary County Prosecuting Attorney, Butte County Prosecuting Attorney, Camas County Prosecuting Attorney, Canyon County Prosecuting Attorney, Caribou County Prosecuting Attorney, Cassia County Prosecuting Attorney, Clark County Prosecuting Attorney, Clearwater County Prosecuting Attorney, Franklin County Prosecuting Attorney, Fremont County Prosecuting Attorney, Gem County Prosecuting Attorney, Gooding County Prosecuting Attorney, Idaho County Prosecuting Attorney, Jefferson County Prosecuting Attorney, Jerome County Prosecuting Attorney, Kootenai County Prosecuting Attorney, Latah County Prosecuting Attorney, Lemhi County Prosecuting Attorney, Lewis County Prosecuting Attorney, Lincoln County Prosecuting Attorney, Madison County Prosecuting Attorney, Members of the Idaho Board of Medicine, Minidoka County Prosecuting Attorney, Nez Perce County Prosecuting Attorney, Oneida County Prosecuting Attorney, Owyhee County Prosecuting Attorney, Payette County Prosecuting Attorney, Power County Prosecuting Attorney, Shoshone County Prosecuting Attorney, Teton County Prosecuting Attorney, Twin Falls County Prosecuting Attorney, Valley County Prosecuting Attorney, Washington County Prosecuting Attorney (Green, Aaron)

June 13, 2024

June 13, 2024

PACER
11

NOTICE of Appearance by James Edward Monroe Craig on behalf of Ada County Prosecuting Attorney, Adams County Prosecuting Attorney, Bannock County Prosecuting Attorney, Bear Lake County Prosecuting Attorney, Benewah County Prosecuting Attorney, Bingham County Prosecuting Attorney, Blaine County Prosecuting Attorney, Boise County Prosecuting Attorney, Bonner County Prosecuting Attorney, Boundary County Prosecuting Attorney, Butte County Prosecuting Attorney, Camas County Prosecuting Attorney, Canyon County Prosecuting Attorney, Caribou County Prosecuting Attorney, Cassia County Prosecuting Attorney, Clark County Prosecuting Attorney, Clearwater County Prosecuting Attorney, Franklin County Prosecuting Attorney, Fremont County Prosecuting Attorney, Gem County Prosecuting Attorney, Gooding County Prosecuting Attorney, Idaho County Prosecuting Attorney, Jefferson County Prosecuting Attorney, Jerome County Prosecuting Attorney, Kootenai County Prosecuting Attorney, Latah County Prosecuting Attorney, Lemhi County Prosecuting Attorney, Lewis County Prosecuting Attorney, Lincoln County Prosecuting Attorney, Madison County Prosecuting Attorney, Members of the Idaho Board of Medicine, Minidoka County Prosecuting Attorney, Nez Perce County Prosecuting Attorney, Oneida County Prosecuting Attorney, Owyhee County Prosecuting Attorney, Payette County Prosecuting Attorney, Power County Prosecuting Attorney, Shoshone County Prosecuting Attorney, Teton County Prosecuting Attorney, Twin Falls County Prosecuting Attorney, Valley County Prosecuting Attorney, Washington County Prosecuting Attorney (Craig, James)

June 13, 2024

June 13, 2024

PACER
12

NOTICE of Appearance by Kyle Davis Grigsby on behalf of Ada County Prosecuting Attorney, Adams County Prosecuting Attorney, Bannock County Prosecuting Attorney, Bear Lake County Prosecuting Attorney, Benewah County Prosecuting Attorney, Bingham County Prosecuting Attorney, Blaine County Prosecuting Attorney, Boise County Prosecuting Attorney, Bonner County Prosecuting Attorney, Boundary County Prosecuting Attorney, Butte County Prosecuting Attorney, Camas County Prosecuting Attorney, Canyon County Prosecuting Attorney, Caribou County Prosecuting Attorney, Cassia County Prosecuting Attorney, Clark County Prosecuting Attorney, Clearwater County Prosecuting Attorney, Franklin County Prosecuting Attorney, Fremont County Prosecuting Attorney, Gem County Prosecuting Attorney, Gooding County Prosecuting Attorney, Idaho County Prosecuting Attorney, Jefferson County Prosecuting Attorney, Jerome County Prosecuting Attorney, Kootenai County Prosecuting Attorney, Latah County Prosecuting Attorney, Lemhi County Prosecuting Attorney, Lewis County Prosecuting Attorney, Lincoln County Prosecuting Attorney, Madison County Prosecuting Attorney, Members of the Idaho Board of Medicine, Minidoka County Prosecuting Attorney, Nez Perce County Prosecuting Attorney, Oneida County Prosecuting Attorney, Owyhee County Prosecuting Attorney, Payette County Prosecuting Attorney, Power County Prosecuting Attorney, Shoshone County Prosecuting Attorney, Teton County Prosecuting Attorney, Twin Falls County Prosecuting Attorney, Valley County Prosecuting Attorney, Washington County Prosecuting Attorney (Grigsby, Kyle)

June 13, 2024

June 13, 2024

PACER
13

WAIVER OF SERVICE Returned Executed by Stacy Seyb. Ada County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Adams County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Bannock County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Bear Lake County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Benewah County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Bingham County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Blaine County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Boise County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Bonner County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Boundary County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Butte County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Camas County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Canyon County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Caribou County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Cassia County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Clark County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Clearwater County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Franklin County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Fremont County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Gem County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Gooding County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Idaho County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Jefferson County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Kootenai County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Latah County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Lemhi County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Lewis County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Lincoln County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Madison County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Members of the Idaho Board of Medicine waiver sent on 5/17/2024, answer due 7/16/2024; Minidoka County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Nez Perce County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Oneida County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Owyhee County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Payette County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Power County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Shoshone County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Teton County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Twin Falls County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Valley County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024; Washington County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024. (Toti, Stephanie)

June 13, 2024

June 13, 2024

PACER
14

STATUS REPORT On The Service Of Process by Stacy Seyb. (Toti, Stephanie)

June 13, 2024

June 13, 2024

PACER
15

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Ada County Prosecuting Attorney, Adams County Prosecuting Attorney, Bannock County Prosecuting Attorney, Bear Lake County Prosecuting Attorney, Benewah County Prosecuting Attorney, Bingham County Prosecuting Attorney, Blaine County Prosecuting Attorney, Boise County Prosecuting Attorney, Bonner County Prosecuting Attorney, Bonneville County Prosecuting Attorney, Boundary County Prosecuting Attorney, Butte County Prosecuting Attorney, Camas County Prosecuting Attorney, Caribou County Prosecuting Attorney, Cassia County Prosecuting Attorney, Clark County Prosecuting Attorney, Clearwater County Prosecuting Attorney, Custer County Prosecuting Attorney, Elmore County Prosecuting Attorney, Franklin County Prosecuting Attorney, Fremont County Prosecuting Attorney, Gem County Prosecuting Attorney, Gooding County Prosecuting Attorney, Idaho County Prosecuting Attorney, Jefferson County Prosecuting Attorney, Jerome County Prosecuting Attorney, Kootenai County Prosecuting Attorney, Latah County Prosecuting Attorney, Lemhi County Prosecuting Attorney, Lewis County Prosecuting Attorney, Lincoln County Prosecuting Attorney, Madison County Prosecuting Attorney, Members of the Idaho Board of Medicine, Minidoka County Prosecuting Attorney, Nez Perce County Prosecuting Attorney, Oneida County Prosecuting Attorney, Owyhee County Prosecuting Attorney, Payette County Prosecuting Attorney, Power County Prosecuting Attorney, Stacy Seyb, Shoshone County Prosecuting Attorney, Teton County Prosecuting Attorney, Twin Falls County Prosecuting Attorney, Valley County Prosecuting Attorney, Washington County Prosecuting Attorney re 1 Complaint, 10 Notice of Appearance,,,,,, 11 Notice of Appearance,,,,,, 12 Notice of Appearance,,,,,, Consent/Objection to Magistrate due by 8/13/2024. (jd)

June 14, 2024

June 14, 2024

PACER
16

Summons Issued as to Bonneville County Prosecuting Attorney, Elmore County Prosecuting Attorney. (Print attached Summons for service.) (Attachments: # 1 Summons)(ac)

June 24, 2024

June 24, 2024

PACER
17

WAIVER OF SERVICE Returned Executed by Stacy Seyb. Bonneville County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024. (Toti, Stephanie)

June 25, 2024

June 25, 2024

PACER
18

NOTICE of Appearance by Aaron Michael Green on behalf of Ada County Prosecuting Attorney, Adams County Prosecuting Attorney, Bannock County Prosecuting Attorney, Bear Lake County Prosecuting Attorney, Benewah County Prosecuting Attorney, Bingham County Prosecuting Attorney, Blaine County Prosecuting Attorney, Boise County Prosecuting Attorney, Bonner County Prosecuting Attorney, Bonneville County Prosecuting Attorney, Boundary County Prosecuting Attorney, Butte County Prosecuting Attorney, Camas County Prosecuting Attorney, Canyon County Prosecuting Attorney, Caribou County Prosecuting Attorney, Cassia County Prosecuting Attorney, Clark County Prosecuting Attorney, Clearwater County Prosecuting Attorney, Franklin County Prosecuting Attorney, Fremont County Prosecuting Attorney, Gem County Prosecuting Attorney, Gooding County Prosecuting Attorney, Idaho County Prosecuting Attorney, Jefferson County Prosecuting Attorney, Jerome County Prosecuting Attorney, Kootenai County Prosecuting Attorney, Latah County Prosecuting Attorney, Lemhi County Prosecuting Attorney, Lewis County Prosecuting Attorney, Lincoln County Prosecuting Attorney, Madison County Prosecuting Attorney, Members of the Idaho Board of Medicine, Minidoka County Prosecuting Attorney, Nez Perce County Prosecuting Attorney, Oneida County Prosecuting Attorney, Owyhee County Prosecuting Attorney, Payette County Prosecuting Attorney, Power County Prosecuting Attorney, Shoshone County Prosecuting Attorney, Teton County Prosecuting Attorney, Twin Falls County Prosecuting Attorney, Valley County Prosecuting Attorney, Washington County Prosecuting Attorney (Green, Aaron)

June 25, 2024

June 25, 2024

PACER
19

NOTICE of Appearance by James Edward Monroe Craig on behalf of Ada County Prosecuting Attorney, Adams County Prosecuting Attorney, Bannock County Prosecuting Attorney, Bear Lake County Prosecuting Attorney, Benewah County Prosecuting Attorney, Bingham County Prosecuting Attorney, Blaine County Prosecuting Attorney, Boise County Prosecuting Attorney, Bonner County Prosecuting Attorney, Bonneville County Prosecuting Attorney, Boundary County Prosecuting Attorney, Butte County Prosecuting Attorney, Camas County Prosecuting Attorney, Canyon County Prosecuting Attorney, Caribou County Prosecuting Attorney, Cassia County Prosecuting Attorney, Clark County Prosecuting Attorney, Clearwater County Prosecuting Attorney, Franklin County Prosecuting Attorney, Fremont County Prosecuting Attorney, Gem County Prosecuting Attorney, Gooding County Prosecuting Attorney, Idaho County Prosecuting Attorney, Jefferson County Prosecuting Attorney, Jerome County Prosecuting Attorney, Kootenai County Prosecuting Attorney, Latah County Prosecuting Attorney, Lemhi County Prosecuting Attorney, Lewis County Prosecuting Attorney, Lincoln County Prosecuting Attorney, Madison County Prosecuting Attorney, Members of the Idaho Board of Medicine, Minidoka County Prosecuting Attorney, Nez Perce County Prosecuting Attorney, Oneida County Prosecuting Attorney, Owyhee County Prosecuting Attorney, Payette County Prosecuting Attorney, Power County Prosecuting Attorney, Shoshone County Prosecuting Attorney, Teton County Prosecuting Attorney, Twin Falls County Prosecuting Attorney, Valley County Prosecuting Attorney, Washington County Prosecuting Attorney (Craig, James)

June 25, 2024

June 25, 2024

PACER
20

NOTICE of Appearance by Kyle Davis Grigsby on behalf of Ada County Prosecuting Attorney, Adams County Prosecuting Attorney, Bannock County Prosecuting Attorney, Bear Lake County Prosecuting Attorney, Benewah County Prosecuting Attorney, Bingham County Prosecuting Attorney, Blaine County Prosecuting Attorney, Boise County Prosecuting Attorney, Bonner County Prosecuting Attorney, Bonneville County Prosecuting Attorney, Boundary County Prosecuting Attorney, Butte County Prosecuting Attorney, Camas County Prosecuting Attorney, Canyon County Prosecuting Attorney, Caribou County Prosecuting Attorney, Cassia County Prosecuting Attorney, Clark County Prosecuting Attorney, Clearwater County Prosecuting Attorney, Franklin County Prosecuting Attorney, Fremont County Prosecuting Attorney, Gem County Prosecuting Attorney, Gooding County Prosecuting Attorney, Idaho County Prosecuting Attorney, Jefferson County Prosecuting Attorney, Jerome County Prosecuting Attorney, Kootenai County Prosecuting Attorney, Latah County Prosecuting Attorney, Lemhi County Prosecuting Attorney, Lewis County Prosecuting Attorney, Lincoln County Prosecuting Attorney, Madison County Prosecuting Attorney, Members of the Idaho Board of Medicine, Minidoka County Prosecuting Attorney, Nez Perce County Prosecuting Attorney, Oneida County Prosecuting Attorney, Owyhee County Prosecuting Attorney, Payette County Prosecuting Attorney, Power County Prosecuting Attorney, Shoshone County Prosecuting Attorney, Teton County Prosecuting Attorney, Twin Falls County Prosecuting Attorney, Valley County Prosecuting Attorney, Washington County Prosecuting Attorney (Grigsby, Kyle)

June 25, 2024

June 25, 2024

PACER
21

SUMMONS Returned Executed by Stacy Seyb. Elmore County Prosecuting Attorney served on 6/28/2024, answer due 7/19/2024. (Toti, Stephanie)

July 1, 2024

July 1, 2024

PACER
22

WAIVER OF SERVICE Returned Executed by Stacy Seyb. Custer County Prosecuting Attorney waiver sent on 5/17/2024, answer due 7/16/2024. (Toti, Stephanie)

July 5, 2024

July 5, 2024

PACER

Notice of Case Number Change

July 16, 2024

July 16, 2024

PACER
23

A REQUEST FOR REASSIGNMENT TO A DISTRICT JUDGE HAS BEEN FILED IN THIS CASE(ac)

July 16, 2024

July 16, 2024

PACER

DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Senior Judge B. Lynn Winmill for all further proceedings. US Magistrate Judge Debora K Grasham no longer assigned to case. Please use this case number on all future pleadings, 1:24-cv-00244-BLW (ac)

July 16, 2024

July 16, 2024

PACER
24

DOCKET TEXT NOTICE VACATING HEARING: This case has been reassigned to Judge B Lynn Winmill; therefore, the Telephonic Scheduling Conference set for 8/5/2024 before Judge Debora K. Grasham is VACATED. (st)

July 16, 2024

July 16, 2024

PACER
25

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Aaron Michael Green appearing for Defendants Ada County Prosecuting Attorney, Adams County Prosecuting Attorney, Bannock County Prosecuting Attorney, Bear Lake County Prosecuting Attorney, Benewah County Prosecuting Attorney, Bingham County Prosecuting Attorney, Blaine County Prosecuting Attorney, Boise County Prosecuting Attorney, Bonner County Prosecuting Attorney, Boundary County Prosecuting Attorney, Butte County Prosecuting Attorney, Camas County Prosecuting Attorney, Canyon County Prosecuting Attorney, Caribou County Prosecuting Attorney, Cassia County Prosecuting Attorney, Clark County Prosecuting Attorney, Clearwater County Prosecuting Attorney, Franklin County Prosecuting Attorney, Fremont County Prosecuting Attorney, Gem County Prosecuting Attorney, Gooding County Prosecuting Attorney, Idaho County Prosecuting Attorney, Jefferson County Prosecuting Attorney, Jerome County Prosecuting Attorney, Kootenai County Prosecuting Attorney, Latah County Prosecuting Attorney, Lemhi County Prosecuting Attorney, Lewis County Prosecuting Attorney, Lincoln County Prosecuting Attorney, Madison County Prosecuting Attorney, Members of the Idaho Board of Medicine, Minidoka County Prosecuting Attorney, Nez Perce County Prosecuting Attorney, Oneida County Prosecuting Attorney, Owyhee County Prosecuting Attorney, Payette County Prosecuting Attorney, Power County Prosecuting Attorney, Shoshone County Prosecuting Attorney, Teton County Prosecuting Attorney, Twin Falls County Prosecuting Attorney, Valley County Prosecuting Attorney, Washington County Prosecuting Attorney. Responses due by 8/6/2024 (Attachments: # 1 Memorandum in Support of Motion to Dismiss, # 2 Declaration of Aaron M. Green, # 3 Exhibit A to Declaration of Aaron M. Green)(Green, Aaron)

July 16, 2024

July 16, 2024

PACER
26

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Aaron Michael Green appearing for Defendant Bonneville County Prosecuting Attorney. Responses due by 8/6/2024 (Attachments: # 1 Memorandum in Support of Motion to Dismiss)(Green, Aaron)

July 16, 2024

July 16, 2024

PACER
27

Joint MOTION to Vacate 8 Litigation Order,, Aaron Michael Green appearing for Defendants Ada County Prosecuting Attorney, Adams County Prosecuting Attorney, Bannock County Prosecuting Attorney, Bear Lake County Prosecuting Attorney, Benewah County Prosecuting Attorney, Bingham County Prosecuting Attorney, Blaine County Prosecuting Attorney, Boise County Prosecuting Attorney, Bonner County Prosecuting Attorney, Bonneville County Prosecuting Attorney, Boundary County Prosecuting Attorney, Butte County Prosecuting Attorney, Camas County Prosecuting Attorney, Canyon County Prosecuting Attorney, Caribou County Prosecuting Attorney, Cassia County Prosecuting Attorney, Clark County Prosecuting Attorney, Clearwater County Prosecuting Attorney, Franklin County Prosecuting Attorney, Fremont County Prosecuting Attorney, Gem County Prosecuting Attorney, Gooding County Prosecuting Attorney, Idaho County Prosecuting Attorney, Jefferson County Prosecuting Attorney, Jerome County Prosecuting Attorney, Kootenai County Prosecuting Attorney, Latah County Prosecuting Attorney, Lemhi County Prosecuting Attorney, Lewis County Prosecuting Attorney, Lincoln County Prosecuting Attorney, Madison County Prosecuting Attorney, Members of the Idaho Board of Medicine, Minidoka County Prosecuting Attorney, Nez Perce County Prosecuting Attorney, Oneida County Prosecuting Attorney, Owyhee County Prosecuting Attorney, Payette County Prosecuting Attorney, Power County Prosecuting Attorney, Shoshone County Prosecuting Attorney, Teton County Prosecuting Attorney, Twin Falls County Prosecuting Attorney, Valley County Prosecuting Attorney, Washington County Prosecuting Attorney. Responses due by 8/14/2024 (Green, Aaron)

July 24, 2024

July 24, 2024

PACER
28

ORDER RE: JOINT MOTION - IT IS ORDERED that the parties joint motion to vacate the deadline for discovery and litigation plans (Dkt. 27 ) is GRANTED. Signed by Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

July 25, 2024

July 25, 2024

PACER
29

LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE - On or before August 14, 2024, the parties must file with the Court the jointLitigation Plan and Discovery Plan. Telephonic Scheduling Conference set for 8/21/2024 10:00 AM in Telephonic Hearing - Boise Chambers before Senior Judge B. Lynn Winmill. Signed by Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

July 29, 2024

July 29, 2024

PACER
30

Joint MOTION to Dismiss Elmore County Prosecuting Attorney (proposed order submitted) Stephanie Toti appearing for Plaintiff Stacy Seyb. Responses due by 8/21/2024 (Toti, Stephanie)

July 31, 2024

July 31, 2024

PACER
31

Unopposed MOTION for Leave to File Excess Pages For Plaintiff's Consolidated Response In Opposition to Defendants' Motions to Dismiss (proposed order submitted) Stephanie Toti appearing for Plaintiff Stacy Seyb. Responses due by 8/23/2024 (Toti, Stephanie)

Aug. 2, 2024

Aug. 2, 2024

PACER
32

DOCKET ENTRY ORDER: Good cause appearing, the Plaintiff's Unopposed Motion for Leave to File Excess Pages (Dkt. 31 ) is GRANTED. Plaintiff's consolidated reply brief shall not exceed 30 pages. Signed by Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (mmk)

Aug. 5, 2024

Aug. 5, 2024

PACER
33

RESPONSE to Motion re 26 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, 25 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Stacy Seyb. Replies due by 8/20/2024. (Attachments: # 1 Declaration of Stacy Seyb, M.D., # 2 Declaration of Stephanie Toti)(Toti, Stephanie)

1 Declaration of Stacy Seyb, M.D.

View on RECAP

2 Declaration of Stephanie Toti

View on RECAP

Aug. 6, 2024

Aug. 6, 2024

RECAP
34

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Stacy Seyb. (Toti, Stephanie)

Aug. 14, 2024

Aug. 14, 2024

PACER
35

DISCOVERY PLAN by Stacy Seyb (Joint Discovery Plan). (Toti, Stephanie)

Aug. 14, 2024

Aug. 14, 2024

PACER
36

NOTICE by Stacy Seyb Notice of Appearance by TOMPKINS Sarah (Mitchell, William)

Aug. 15, 2024

Aug. 15, 2024

PACER
37

Unopposed MOTION to Excuse Local Counsel During Her Parental Leave Stephanie Toti appearing for Plaintiff Stacy Seyb. Responses due by 9/5/2024 (Toti, Stephanie)

Aug. 15, 2024

Aug. 15, 2024

PACER
38

DOCKET ENTRY ORDER: Plaintiff's Unopposed Motion to Excuse Local Counsel During Her Parental Leave (Dkt. 37 ) is GRANTED. Pursuant to Local Civil Rule 83.4(e), local counsel's presence is excused for the duration of her parental leave. Signed by Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (mmk)

Aug. 19, 2024

Aug. 19, 2024

PACER
39

MOTION for Leave to File Excess Pages on Defendants' Consolidated Reply in Support of Defendants' Motions to Dismiss [Dkt. 25, 26] Aaron Michael Green appearing for Defendants Ada County Prosecuting Attorney, Adams County Prosecuting Attorney, Bannock County Prosecuting Attorney, Bear Lake County Prosecuting Attorney, Benewah County Prosecuting Attorney, Bingham County Prosecuting Attorney, Blaine County Prosecuting Attorney, Boise County Prosecuting Attorney, Bonner County Prosecuting Attorney, Bonneville County Prosecuting Attorney, Boundary County Prosecuting Attorney, Butte County Prosecuting Attorney, Camas County Prosecuting Attorney, Canyon County Prosecuting Attorney, Caribou County Prosecuting Attorney, Cassia County Prosecuting Attorney, Clark County Prosecuting Attorney, Clearwater County Prosecuting Attorney, Franklin County Prosecuting Attorney, Fremont County Prosecuting Attorney, Gem County Prosecuting Attorney, Gooding County Prosecuting Attorney, Idaho County Prosecuting Attorney, Jefferson County Prosecuting Attorney, Jerome County Prosecuting Attorney, Kootenai County Prosecuting Attorney, Latah County Prosecuting Attorney, Lemhi County Prosecuting Attorney, Lewis County Prosecuting Attorney, Lincoln County Prosecuting Attorney, Madison County Prosecuting Attorney, Members of the Idaho Board of Medicine, Minidoka County Prosecuting Attorney, Nez Perce County Prosecuting Attorney, Oneida County Prosecuting Attorney, Owyhee County Prosecuting Attorney, Payette County Prosecuting Attorney, Power County Prosecuting Attorney, Shoshone County Prosecuting Attorney, Teton County Prosecuting Attorney, Twin Falls County Prosecuting Attorney, Valley County Prosecuting Attorney, Washington County Prosecuting Attorney. Responses due by 9/10/2024 (Green, Aaron)

Aug. 20, 2024

Aug. 20, 2024

PACER
40

DOCKET ENTRY ORDER: Good cause appearing, the Defendants' Motion for Leave to File Excess Pages (Dkt. 39 ) is GRANTED. Defendants' consolidated reply shall not exceed 15 pages. Signed by Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (mmk)

Aug. 20, 2024

Aug. 20, 2024

PACER
41

REPLY to Response to Motion re 26 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, 25 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Ada County Prosecuting Attorney, Adams County Prosecuting Attorney, Bannock County Prosecuting Attorney, Bear Lake County Prosecuting Attorney, Benewah County Prosecuting Attorney, Bingham County Prosecuting Attorney, Blaine County Prosecuting Attorney, Boise County Prosecuting Attorney, Bonner County Prosecuting Attorney, Bonneville County Prosecuting Attorney, Boundary County Prosecuting Attorney, Butte County Prosecuting Attorney, Camas County Prosecuting Attorney, Canyon County Prosecuting Attorney, Caribou County Prosecuting Attorney, Cassia County Prosecuting Attorney, Clark County Prosecuting Attorney, Clearwater County Prosecuting Attorney, Franklin County Prosecuting Attorney, Fremont County Prosecuting Attorney, Gem County Prosecuting Attorney, Gooding County Prosecuting Attorney, Idaho County Prosecuting Attorney, Jefferson County Prosecuting Attorney, Jerome County Prosecuting Attorney, Kootenai County Prosecuting Attorney, Latah County Prosecuting Attorney, Lemhi County Prosecuting Attorney, Lewis County Prosecuting Attorney, Lincoln County Prosecuting Attorney, Madison County Prosecuting Attorney, Members of the Idaho Board of Medicine, Minidoka County Prosecuting Attorney, Nez Perce County Prosecuting Attorney, Oneida County Prosecuting Attorney, Owyhee County Prosecuting Attorney, Payette County Prosecuting Attorney, Power County Prosecuting Attorney, Shoshone County Prosecuting Attorney, Teton County Prosecuting Attorney, Twin Falls County Prosecuting Attorney, Valley County Prosecuting Attorney, Washington County Prosecuting Attorney.Motion Ripe Deadline set for 8/21/2024.(Green, Aaron)

Aug. 20, 2024

Aug. 20, 2024

RECAP
42

SCHEDULING ORDER - IT IS HEREBY ORDERED that the following recitation of deadlines and procedures will govern this litigation: All dispositive motions, including motions for punitive damages, must be filed by May 22, 2025. Motions to amend pleadings and join parties, except for allegations of punitive damages, must be filed on or before November 19, 2024. All fact discovery must be completed by April 22, 2025. First Interim Status Conference: The Court will conduct a telephonic interim status conference on March 21, 2025, at 10:00 am. Signed by Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

Aug. 21, 2024

Aug. 21, 2024

PACER
43

DOCKET ENTRY NOTICE OF HEARING regarding 25 Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim and 26 Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim: A Motion Hearing is set for 11/7/2024 at 10:00 AM in Boise - Courtroom 3 before Senior Judge B. Lynn Winmill. (jlg)

Sept. 3, 2024

Sept. 3, 2024

PACER
44

Consent MOTION Unopposed Motion to Reschedule Hearing on Defendants' Motion to Dismiss re 43 Notice of Hearing on Motion, 26 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, 25 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Aaron Michael Green appearing for Defendants Ada County Prosecuting Attorney, Adams County Prosecuting Attorney, Bannock County Prosecuting Attorney, Bear Lake County Prosecuting Attorney, Benewah County Prosecuting Attorney, Bingham County Prosecuting Attorney, Blaine County Prosecuting Attorney, Boise County Prosecuting Attorney, Bonner County Prosecuting Attorney, Bonneville County Prosecuting Attorney, Boundary County Prosecuting Attorney, Butte County Prosecuting Attorney, Camas County Prosecuting Attorney, Canyon County Prosecuting Attorney, Caribou County Prosecuting Attorney, Cassia County Prosecuting Attorney, Clark County Prosecuting Attorney, Clearwater County Prosecuting Attorney, Franklin County Prosecuting Attorney, Fremont County Prosecuting Attorney, Gem County Prosecuting Attorney, Gooding County Prosecuting Attorney, Idaho County Prosecuting Attorney, Jefferson County Prosecuting Attorney, Jerome County Prosecuting Attorney, Kootenai County Prosecuting Attorney, Latah County Prosecuting Attorney, Lemhi County Prosecuting Attorney, Lewis County Prosecuting Attorney, Lincoln County Prosecuting Attorney, Madison County Prosecuting Attorney, Members of the Idaho Board of Medicine, Minidoka County Prosecuting Attorney, Nez Perce County Prosecuting Attorney, Oneida County Prosecuting Attorney, Owyhee County Prosecuting Attorney, Payette County Prosecuting Attorney, Power County Prosecuting Attorney, Shoshone County Prosecuting Attorney, Teton County Prosecuting Attorney, Twin Falls County Prosecuting Attorney, Valley County Prosecuting Attorney, Washington County Prosecuting Attorney. Responses due by 11/15/2024 (Green, Aaron)

Oct. 25, 2024

Oct. 25, 2024

PACER
45

ORDER - IT IS HEREBY ORDERED that Defendants' Motion (Dkt. 44 ) is GRANTED. The hearing on defendants' motions to dismiss (Dkts. 25, 26 ) set for November 7, 2024 at 10:00 is VACATED. IT IS FURTHER ORDERED that the hearing on defendants' motion to dismiss (Dkts. 25, 26 ) shall be reset for December 12, 2024 at 3:00 p.m. at the United States Courthouse in Boise, Idaho. The hearing shall take place in Courtroom 3 before Senior Judge B. Lynn Winmill. Signed by Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

Oct. 28, 2024

Oct. 28, 2024

PACER
48

Leave to File Document

Dec. 20, 2024

Dec. 20, 2024

PACER
54

MEMORANDUM DECISION AND ORDER - IT IS ORDERED that: Plaintiffs' Motion to Amend (Dkt. 48 ) is GRANTED. Plaintiff may file an amended complaint consistent with this order within 21 days of the issuance of this order. The Joint Motion to Dismiss (Dkt. 30 ) is GRANTED. The Bonneville County Prosecutor's Motion to Dismiss (Dkt. 26 ) is GRANTED. The Members of the Idaho Board of Medicine's and 41 County Prosecutors' Motion to Dismiss (Dkt. 2 ) is DENIED IN PART AND GRANTED IN PART. Signed by Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

March 31, 2025

March 31, 2025

RECAP
61

Intervene

1 Memorandum in Support of Motion to Intervene

View on PACER

2 Intervenor's Proposed Answer

View on PACER

April 25, 2025

April 25, 2025

PACER
62

Amend/Correct

April 28, 2025

April 28, 2025

RECAP
65

ORDER - Any motion for leave to file a motion for summary judgment must be filed on or before September 12, 2025. As indicated at the status conference, the Court will set a trial setting conference in the next few months to set a tentative trial date. If the Court determines that summary judgment proceedings are warranted, it will vacate the trial date.IT IS SO ORDERED. Signed by Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

June 3, 2025

June 3, 2025

PACER
66

MEMORANDUM DECISION AND ORDER - IT IS ORDERED that the Attorney General's Unopposed Motion to Intervene (Dkt. 61 ) is GRANTED. Signed by Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

June 3, 2025

June 3, 2025

RECAP
67

Unopposed MOTION to Withdraw Sarah Tompkins As Counsel for Plaintiff (proposed order submitted) Stephanie Toti appearing for Plaintiff Stacy Seyb. Responses due by 7/22/2025 (Toti, Stephanie)

July 1, 2025

July 1, 2025

PACER
68

ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW - Sarah Tompkins is granted leave to withdraw as counsel of record for Plaintiff in this matter. Signed by Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

July 2, 2025

July 2, 2025

PACER
69

MOTION FOR PRO HAC VICE APPEARANCE by Ronelle Tshiela. ( Filing fee $ 250 receipt number AIDDC-2952692.) Kelly O'Neill appearing for Plaintiff Stacy Seyb. Responses due by 7/29/2025 (O'Neill, Kelly) Modified on 7/8/2025, to change filer name (jd).

July 8, 2025

July 8, 2025

PACER
70

DOCKET ENTRY ORDER approving 69 Motion for Pro Hac Vice Appearance of attorney Ronelle Tshiela for Stacy Seyb. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

July 8, 2025

July 8, 2025

PACER
71

NOTICE of Change of Address by Paige Butler Suelzle (Suelzle, Paige)

July 22, 2025

July 22, 2025

PACER
72

NOTICE of Change of Address by Jamila Asha Johnson (Johnson, Jamila)

July 22, 2025

July 22, 2025

PACER

Case Details

State / Territory: Idaho

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: May 14, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An Idaho physician.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Idaho, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Reproductive rights:

Abortion