Case: St. Luke's Health System, LTD. v. Labrador

St. Luke's Health System v. Labrador

COMPLAINT against Raul Labrador ( Filing fee $ 405 receipt number AIDDC-2866638.), filed by St. Luke's Health System, LTD.. (Attachments: # 1 Summons to Raul Labrador, # 2 Cover Sheet Civil Cover Sheet)(Olson, Wendy)

1 Summons to Raul Labrador

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2 Cover Sheet Civil Cover Sheet

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DOCKET ENTRY ORDER approving dkt. 5, 6, 7, 8 Motion for Pro Hac Vice Appearance of attorney Lindsay Harrison,Jessica Ring Amunson,Ruby C. Giaquinto,and Sophia W. Montgomery for St. Luke's Health System, LTD.. 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: 01/15/2025)

MOTION for Preliminary Injunction Wendy Olson appearing for Plaintiff St. Luke's Health System, LTD.. Responses due by 2/4/2025 (Attachments: # 1 Memorandum in Support of Motion for Preliminary Injunction, # 2 Supplemental Declaration of Stacy Seyb, M.D.)(Olson, Wendy)

1 Memorandum in Support of Motion for Preliminary Injunction

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2 Supplemental Declaration of Stacy Seyb, M.D.

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MOTION to Expedite Consideration of St. Luke's Health System's Motion for Preliminary Injunction Wendy Olson appearing for Plaintiff St. Luke's Health System, LTD.. Responses due by 2/4/2025 (Olson, Wendy)

MOTION to Consolidate Cases Wendy Olson appearing for Plaintiff St. Luke's Health System, LTD.. Responses due by 2/4/2025 (Attachments: # 1 Memorandum in Support of Plaintiff's Motion to Consolidate)(Olson, Wendy)

1 Memorandum in Support of Plaintiff's Motion to Consolidate

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MOTION FOR PRO HAC VICE APPEARANCE by Lindsay Harrison. ( Filing fee $ 250 receipt number AIDDC-2866665.)Wendy Olson appearing for Plaintiff St. Luke's Health System, LTD.. Responses due by 2/4/2025 (Olson, Wendy)

MOTION FOR PRO HAC VICE APPEARANCE by Jessica Ring Amunson. ( Filing fee $ 250 receipt number AIDDC-2866669.)Wendy Olson appearing for Plaintiff St. Luke's Health System, LTD.. Responses due by 2/4/2025 (Olson, Wendy)

MOTION FOR PRO HAC VICE APPEARANCE by Ruby Giaquinto. ( Filing fee $ 250 receipt number AIDDC-2866671.)Wendy Olson appearing for Plaintiff St. Luke's Health System, LTD.. Responses due by 2/4/2025 (Olson, Wendy)

MOTION FOR PRO HAC VICE APPEARANCE by Sophia Montgomery. ( Filing fee $ 250 receipt number AIDDC-2866673.)Wendy Olson appearing for Plaintiff St. Luke's Health System, LTD.. Responses due by 2/4/2025 (Olson, Wendy)

Corporate Disclosure Statement by St. Luke's Health System, LTD.. (Olson, Wendy)

DOCKET ENTRY ORDER - REASSIGNING CASE - The Clerk of the Court is directed to reassign this matter to District Judge B. Lynn Winmill. Signed by US Magistrate Judge Debora K Grasham. (mab)

ORDER & NOTICE OF HEARING - IT IS ORDERED that: St. Luke's Motion to Expedite Consideration of its Motion for Preliminary Injunction (Dkt. 3 ) is DENIED WITHOUT PREJUDICE. The Court will conduct a hearing on St. Luke's Motion for a Preliminary Injunction at 3:00 p.m. on March 5, 2025 in Courtroom 3 of the United States Courthouse in Boise, Idaho. 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)

Summons Issued as to Raul Labrador. (Print attached Summons for service.) (ac)

Notice of Case Number Change

DOCKET ENTRY NOTICE of Case Number Change per Docket Entry Order 10; 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, 1:25-cv-00015-BLW (ac)

SUMMONS Returned Executed by St. Luke's Health System, LTD.. Raul Labrador served on 1/16/2025, answer due 2/6/2025. (Olson, Wendy)

MOTION FOR PRO HAC VICE APPEARANCE by Chad Golder. ( Filing fee $ 250 receipt number AIDDC-2869530.)Stephen Lee Adams appearing for Amicus American Hospital Association. Responses due by 2/7/2025 (Adams, Stephen)

MOTION to File Amicus Brief Stephen Lee Adams appearing for Amicus American Hospital Association. Responses due by 2/7/2025 (Adams, Stephen)

DOCKET ENTRY ORDER approving 15 Motion for Pro Hac Vice Appearance of attorney Chad Golder for American Hospital Association. 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)

DOCKET ENTRY ORDER granting 16 Motion to file Amicus Brief. The Court hereby GRANTS the motion for leave to file a brief as amici curiae. Accordingly, the moving amici are directed to formally file their proposed brief. 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 (mls)

MEMORANDUM/BRIEF filed by American Hospital Association regarding Complaint against Raul Labrador. (Adams, Stephen)

NOTICE of Appearance by Brian V Church on behalf of Raul Labrador (Church, Brian)

NOTICE of Appearance by David J Myers on behalf of Raul Labrador (Myers, David)

STIPULATION by Raul Labrador. (Church, Brian)

NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Raul Labrador, American Hospital Association and St. Luke's Health System, LTD re 20 Notice of Appearance, 21 Notice of Appearance, 1 Complaint and 19 Memorandum Brief. Consent/Objection to Magistrate due by 3/10/2025. (km) Modified on 2/6/2025 to include amici curiae (km).

ORDER RE: STIPULATED BRIEFING SCHEDULE - IT IS ORDERED that: Attorney General Labrador will be permitted to file a consolidated motion to dismiss and opposition to the preliminary injunction. This consolidated brief must be no more than 40 pages in length and must be filed by Thursday, February 6, 2025.St. Luke's will be permitted to file a consolidated response to the motion to dismiss and reply in support of its preliminary injunction. This consolidated brief must be no more than 30 pages in length and must be filed by 12:00 p.m. Mountain Time on Thursday, February 20, 2025. Attorney General Labrador will file his reply in support of his motion to dismiss no later than Wednesday, February 26, 2025. This reply brief must be no more than 10 pages in length. 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)

Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 2/27/2025)Brian V Church appearing for Defendant Raul Labrador. (Attachments: # 1 Memorandum in Support)(Church, Brian)

1 Memorandum in Support

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RESPONSE to Motion re 4 MOTION to Consolidate Cases filed by Raul Labrador. Replies due by 2/20/2025.(Church, Brian)

RESPONSE to Motion re 25 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction and Reply in Support of Motion for Preliminary Injunction filed by St. Luke's Health System, LTD.. Replies due by 3/6/2025.(Olson, Wendy)

REPLY to Response to Motion re 4 MOTION to Consolidate Cases filed by St. Luke's Health System, LTD..Motion Ripe Deadline set for 2/21/2025.(Olson, Wendy)

Consent Deadline Reminder- DJ

NOTICE OF CONSENT DEADLINE: Pursuant to General Order 457, this is a reminder that the Court has not received your completed form in response to the 23 Notice of Availability Setting Deadline,. Please discuss this matter with your client and complete and return the consent to proceed form, if appropriate. As provided in Local Rule 73.1, your opportunity to consent will expire if we do not receive your consent prior to the 30 day deadline. * Consents are not to be filed in the case and should be emailed in pdf form to consents@id.uscourts.gov. No Judge will be informed of a party's response. (ac)

REPLY to Response to Motion re 25 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Raul Labrador.Motion Ripe Deadline set for 2/27/2025.(Church, Brian)

DOCKET ENTRY NOTICE OF HEARING regarding 2 MOTION for Preliminary Injunction and 25 Motion to Dismiss: A Motion Hearing is set for 3/5/2025 at 3:00 PM in Boise - Courtroom 3 before Senior Judge B. Lynn Winmill. (jlg)

MOTION for Temporary Restraining Order Wendy Olson appearing for Plaintiff St. Luke's Health System, LTD.. Responses due by 3/25/2025 (Attachments: # 1 Declaration of Olson in Support of Motion for TRO, # 2 Exhibit A to Olson Declaration)(Olson, Wendy)

1 Declaration of Olson in Support of Motion for TRO

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2 Exhibit A to Olson Declaration

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RESPONSE to Motion re 31 MOTION for Temporary Restraining Order filed by Raul Labrador. Replies due by 3/18/2025.(Church, Brian)

TEMPORARY RESTRAINING ORDER - IT IS ORDERED THAT: Plaintiff's Motion for a Temporary Restraining Order (Dkt. 31 ) is GRANTED. This temporary restraining order is effective immediately and shall remain in full force and effect until the Court issues a written decision on St. Luke's motion for a preliminary injunction. The Court anticipates issuing its written decision on the pending motion for a preliminary injunction within two weeks of the hearing date. 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)

MOTION to Modify Universal Temporary Restraining Order re 33 Temporary Restraining Order,, Brian V Church appearing for Defendant Raul Labrador. Responses due by 3/25/2025 (Church, Brian)

DOCKET ENTRY NOTICE OF HEARING regarding 2 MOTION for Preliminary Injunction and 25 Motion to Dismiss: A Motion Hearing is set for 3/5/2025 at 3:00 PM in Boise - Courtroom 3 before Senior Judge B. Lynn Winmill. Members of the public may use the following to listen to this matter via Audio ONLY: 1-669-254-5252, Meeting ID: 161 569 6154, Meeting Password: 131556. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against photographing, recording, and rebroadcasting of court proceedings.(jlg)

NOTICE by Raul Labrador re 12 Order,,, Terminate Motions,,, Set Motion and R&R Deadlines/Hearings,, (Church, Brian)

DOCKET ENTRY ORDER: St. Luke's may file an opposition to the Attorney General's Motion to Modify the Temporary Restraining Order by no later than 12:00 p.m. on Friday, March 7, 2025. Upon receiving that response brief, the Attorney General shall inform the Court, by no later than 5:00 p.m. on Friday March 7, 2025, as to whether he would like to file a reply brief. If the Attorney General decides against filing a reply brief, the Court shall then consider the motion under advisement. If, on the other hand, the Attorney General wishes to file a reply brief, it shall be due by no later than Tuesday, March 11, 2025 at 12:00 p.m. 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 (ms)

Minute Entry for proceedings held before Senior Judge B. Lynn Winmill: A Motion Hearing was held on 3/5/2025 re 2 Motion for Preliminary Injunction filed by St. Luke's Health System, LTD., 25 Motion to Dismiss filed by Raul Labrador, and 34 Motion to Modify Universal Temporary Restraining Order filed by Raul Labrador. The Motions were taken under advisement. A written decision is forthcoming. The 4 Motion to Consolidate Cases is deemed MOOT. (Court Reporter Tammy Hohenleitner.) (jlg) (Entered: 03/06/2025)

RESPONSE to Motion re 34 MOTION to Modify Universal Temporary Restraining Order re 33 Temporary Restraining Order,, filed by St. Luke's Health System, LTD.. Replies due by 3/20/2025.(Olson, Wendy)

Notice of Filing of Official Transcript of Proceedings held on 3/5/25 before Judge B. Lynn Winmill. Court Reporter Tamara Hohenleitner, Email tammy_hohenleitner@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. This transcript is not available to the general public and as such is sealed until release of transcript restriction re 38 Motion Hearing, Terminate Motions. Redaction Request due 3/27/2025. Redacted Transcript Deadline set for 4/7/2025. Release of Transcript Restriction set for 6/4/2025. (th)

MOTION for Leave to File Supplemental Brief in Support of Motion for Preliminary Injunction Wendy Olson appearing for Plaintiff St. Luke's Health System, LTD.. Responses due by 3/31/2025 (Attachments: # 1 Supplement Supplemental Brief ISO Motion for Preliminary Injunction)(Olson, Wendy)

1 Supplement Supplemental Brief ISO Motion for Preliminary Injunction

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DOCKET ENTRY ORDER granting 41 : St. Luke's unopposed motion to file a supplemental brief in support of its motion for a preliminary injunction is GRANTED. The Attorney General's request to file a short supplemental response before by Friday, March 14, 2025 at 12:00 p.m. is likewise GRANTED. The Attorney General's response shall address only those issues raised in St. Luke's supplemental brief and shall not exceed six 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 (mls))

REPLY to Response to Motion re 34 MOTION to Modify Universal Temporary Restraining Order re 33 Temporary Restraining Order,, filed by Raul Labrador.Motion Ripe Deadline set for 3/12/2025.(Church, Brian)

MOTION for Leave to File Overlength Brief Brian V Church appearing for Defendant Raul Labrador. Responses due by 4/1/2025 (Church, Brian)

Expired 30 Day ddl re Consents

The 30 day consent/declination deadline has expired. Case will remain with a District Judge. No more notice of availability or assignment will be sent out. (ac)

SUPPLEMENT by Plaintiff St. Luke's Health System, LTD. Supplemental Brief in Support of Motion for Preliminary Injunction. (Olson, Wendy)

DOCKET ENTRY ORDER granting 44 : The Attorney General's Motion for Leave to File an Overlength Brief (Dkt. 44) is retroactively 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 (mls))

RESPONSE re 45 Supplement filed by Raul Labrador Response to Plaintiff's Supplemental Brief in Support of Motion for Preliminary Injunction [Dkt. 45]. (Church, Brian)

NOTICE by Raul Labrador Notice of Supplemental Authority (Attachments: # 1 Exhibit A)(Myers, David)

MEMORANDUM DECISION AND ORDER. Defendant's Motion to Dismiss (Dkt. 25 ) is DENIED. Plaintiff's Motion for a Preliminary Injunction (Dkt. 2 ) and Defendant's Motion to Modify the Universal TRO (Dkt. 34 ) are GRANTED IN PART and DENIED 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 (km)

ANSWER to 1 Complaint by Raul Labrador.(Church, Brian)

LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE - IT IS HEREBY ORDERED AS FOLLOWS: The Court will conduct a telephonic scheduling conference on May 7, 2025, at 4:00 p.m. mountain time, for the purpose of confirming the deadlines proposed by the parties in the joint Litigation Plan. A Zoom link will be distributed before the hearing. On or before April 30, 2025, the parties must file with the Court the joint Litigation Plan and Discovery Plan. 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)

Joint MOTION for Extension of Time to File Litigation and Discovery Plan Wendy Olson appearing for Plaintiff St. Luke's Health System, LTD.. Responses due by 5/22/2025 (Olson, Wendy)

DOCKET ENTRY ORDER granting 52 : Good cause appearing, the parties' joint motion to extend deadline (Dkt. 52) is GRANTED. Accordingly, the relevant deadline is extended to May 5, 2025. 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 (mls)

DISCOVERY PLAN by St. Luke's Health System, LTD. . (Olson, Wendy)

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by St. Luke's Health System, LTD.. (Olson, Wendy)

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Raul Labrador. (Church, Brian)

DISCOVERY PLAN by Raul Labrador . (Church, Brian)

DOCKET ENTRY ORDER: As discussed during the scheduling conference conducted today: (1) Plaintiff will submit a supplemental filing related to the scope of ESI preservation on or before May 14, 2025. (2) Plaintiff and Defendant will each submit a supplemental brief (limited to 4 pages) related to the post-complaint communications discussed in the competing discovery plans on file. (3) Plaintiff will submit a proposed protective order to defendant on or before May 21, 2025. The parties will then determine whether to submit a stipulated protective order or competing protective orders for the Court's consideration. 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 (mls)

SCHEDULING ORDER TRACK:(Standard) - IT IS HEREBY ORDERED that the following recitation of deadlines and procedures will govern this litigation: Dispositive Motion Deadline: All dispositive motions, including motions for punitive damages, must be filed by February 26, 2026. Amendment of Pleadings and Joinder of Parties: Motions to amend pleadings and join parties, except for allegations of punitive damages, must be filed on or before August 7, 2025. Completion of Fact Discovery: All fact discovery must be completed by January 13, 2026. The Court will conduct telephonic status conferences with the parties. The Court will set those status conferences in a separate notice. 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) (Entered: 05/08/2025)

Docket Text Minute Entry for proceedings held before Senior Judge B. Lynn Winmill: A Scheduling Conference was held by Zoom on 5/7/2025. Appearances: Wendy Olson and Alaina Harrington on behalf of Plaintiff; Brian Church on behalf of Defendant. (Hearing Not Recorded. 4:02 - 4:45 p.m.) (jlg) (Entered: 05/08/2025)

MEMORANDUM/BRIEF re 54 Discovery Plan, 57 Discovery Plan filed by St. Luke's Health System, LTD. Regarding Defendant's Privilege Log. (Olson, Wendy)

SUPPLEMENT by Defendant Raul Labrador re 54 Discovery Plan, 58 Order,,, 57 Discovery Plan Defendant's Supplemental Brief Concerning Necessity of Privilege Log. (Church, Brian)

SUPPLEMENT by Plaintiff St. Luke's Health System, LTD. re 58 Order,,, Regarding Scope of ESI Preservation. (Olson, Wendy)

ORDER RE DISCOVERY - IT IS HEREBY ORDERED THAT: Discover shall proceed in accordance with the parties' discovery plans to the extent they contain similar provisions. As to the points of disagreement, discovery shall proceed as set forth in this Order. Only communications involving trial counsel that post-date the filing of the present complaint need not be placed on the privilege log. 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)