Case: Roe v. Labrador

Robinson v. Labrador

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 405 receipt number AIDDC-2772878.), filed by All Plaintiffs. (Attachments: # 1 Cover Sheet Civil Cover Sheet)(Southwick, Paul)

1 Cover Sheet Civil Cover Sheet

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Emergency MOTION for Temporary Restraining Order and Provisional Class Certification Paul Carlos Southwick appearing for Plaintiffs Jane Doe, Jane Poe, Jane Roe. Responses due by 7/19/2024 (Attachments: # 1 Memorandum in Support, # 2 Exhibit Declaration of Jane Roe, # 3 Exhibit Declaration of Jane Doe, # 4 Exhibit Declaration of Jane Poe, # 5 Exhibit Declaration of Randi Ettner)(Southwick, Paul)

1 Memorandum in Support

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2 Exhibit Declaration of Jane Roe

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3 Exhibit Declaration of Jane Doe

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4 Exhibit Declaration of Jane Poe

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5 Exhibit Declaration of Randi Ettner

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DOCKET ENTRY ORDER - Due to the Emergency Motion for Temporary Restraining Order 2, and because not all parties have appeared and consented to the jurisdiction of a magistrate judge, IT IS HEREBY ORDERED THAT the Clerk is directed to reassign this case to a district judge. Signed by US Magistrate Judge Candy W Dale. (klw)

NOTICE of Appearance by Gregory Woodard on behalf of Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt (Woodard, Gregory)

NOTICE of Appearance by James J Simeri on behalf of Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt (Simeri, James)

DEMAND for Trial by Jury by Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. (Simeri, James)

MOTION for Hearing re 2 Emergency MOTION for Temporary Restraining Order and Provisional Class Certification James J Simeri appearing for Defendants Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. Responses due by 7/19/2024 (Simeri, James)

Notice of Case Number Change

DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge David C. Nye for all further proceedings. US Magistrate Judge Candy W Dale no longer assigned to case. Please use this case number on all future pleadings, 1:24-cv-00306-DCN (km)

MEMORANDUM in Opposition re 7 MOTION for Hearing re 2 Emergency MOTION for Temporary Restraining Order and Provisional Class Certification filed by Jane Doe, Jane Poe, Jane Roe. Replies due by 7/15/2024. (Attachments: # 1 Southwick Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Southwick, Paul)

1 Southwick Declaration

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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NOTICE of Appearance by Christina Mott Hesse on behalf of Centurion Health, Centurion of Idaho, LLC (Hesse, Christina)

NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Centurion Health, Centurion of Idaho, LLC, Bree Derrick, Jane Doe, Raul Labrador, Brad Little, Jane Poe, Jane Roe, Josh Tewalt re 4 Notice of Appearance, 1 Complaint, 9 Notice of Appearance, 5 Notice of Appearance Consent/Objection to Magistrate due by 8/30/2024. (jd)

A REQUEST FOR ASSIGNMENT TO A DISTRICT JUDGE HAS BEEN FILED IN THIS CASE. THIS CASE WILL REMAIN WITH DISTRICT JUDGE NYE.(jd)

MOTION FOR PRO HAC VICE APPEARANCE by Malita Picasso. ( Filing fee $ 250 receipt number AIDDC-2773757.)Paul Carlos Southwick appearing for Plaintiffs Jane Doe, Jane Poe, Jane Roe. Responses due by 7/22/2024 (Southwick, Paul)

MEMORANDUM DECISION AND ORDER - Plaintiffs' Motion for Temporary Restraining Order, Provisional Class Certification, and Preliminary Injunction (Dkt. 2 ) is GRANTED IN PART. The Court GRANTS a provisional temporary restraining order. It declines to rule on Plaintiffs' requests for provisional class certification and preliminary injunction for the time being. Defendants' Motion for Hearing (Dkt. 7 ) is GRANTED IN PART and DENIED IN PART. Briefing on Plaintiffs' Motion shall proceed as outlined above and a hearing will be held on July 15, 2024, at 11:00 a.m., to determine whether to enter a formal TRO or preliminary injunction during the pendency of this case. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

Set Motion and R&R Deadlines/Hearings

Set/Reset Deadlines as to Motion Hearing set for 7/15/2024 11:00 AM in Boise - Courtroom 1 before Judge David C. Nye. (ac)

DOCKET ENTRY ORDER approving 12 Motion for Pro Hac Vice Appearance of attorney Malita Vencienzo Picasso for Jane Doe,Malita Vencienzo Picasso for Jane Poe,Malita Vencienzo Picasso for Jane Roe. 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)

MOTION FOR PRO HAC VICE APPEARANCE by Michael J. Bentley. ( Filing fee $ 250 receipt number AIDDC-2774226.)Christina Mott Hesse appearing for Defendants Centurion Health, Centurion of Idaho, LLC. Responses due by 7/23/2024 (Attachments: # 1 Admission Form)(Hesse, Christina)

MOTION to Compel James J Simeri appearing for Defendants Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. Responses due by 7/23/2024 (Attachments: # 1 Exhibit A)(Simeri, James)

DOCKET ENTRY ORDER approving 15 Motion for Pro Hac Vice Appearance of attorney Michael J. Bentley for Centurion of Idaho, LLC,Michael J. Bentley for Centurion Health. 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)

NOTICE of Appearance by Matthew Lee Maurer on behalf of Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt (Maurer, Matthew)

NOTICE by Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt re 16 MOTION to Compel Withdrawal of Motion (Simeri, James)

NOTICE: The Court intends to grant the Government's Motion to Compel (Dkt. 16 ) as follows: It will amend its Memorandum Decision and Order (Dkt. 13 ) to apply only to those named Plaintiffs who have shared their identities with the Government. A named party who has not yet shared his or her identity but does so after issuance of the amended order will be covered under the Memorandum Decision and Order immediately upon disclosure of his or her identity. If Plaintiffs have any concerns with or objections to this course of action, they must make them known today before 1:30 pm mountain daylight time. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dn)

AMENDED ORDER - The Court hereby GRANTS Defendants' Motion as follows: the Court amends its prior Memorandum Decision and Order to apply only to those named Plaintiffs who have shared their identities with Defendants. If the third named Plaintiff discloses his or her identity to Defendants after issuance of this Amended Order, he or she will be covered under the TRO immediately upon such disclosure. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

MOTION To Proceed in Pseudonym Paul Carlos Southwick appearing for Plaintiffs Jane Doe, Jane Poe. Responses due by 7/24/2024 (Attachments: # 1 Memorandum in Support, # 2 Declaration Jane Doe, # 3 Declaration Jane Poe, # 4 Exhibit A)(Southwick, Paul)

1 Memorandum in Support

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2 Declaration Jane Doe

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3 Declaration Jane Poe

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4 Exhibit A

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RESPONSE to Motion re 2 Emergency MOTION for Temporary Restraining Order and Provisional Class Certification filed by Centurion Health, Centurion of Idaho, LLC. Replies due by 7/19/2024.(Hesse, Christina)

MEMORANDUM in Opposition re 2 Emergency MOTION for Temporary Restraining Order and Provisional Class Certification filed by Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. Replies due by 7/19/2024. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Simeri, James)

1 Exhibit A

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2 Exhibit B

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REPLY to Response to Motion re 2 Emergency MOTION for Temporary Restraining Order and Provisional Class Certification filed by Jane Doe, Jane Poe, Jane Roe.Motion Ripe Deadline set for 7/10/2024. (Attachments: # 1 Southwick Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Southwick, Paul)

1 Southwick Declaration

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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First MOTION Motion to Appear Remotely Michael J. Bentley Christina Mott Hesse appearing for Defendants Centurion Health, Centurion of Idaho, LLC. Responses due by 7/31/2024 (Hesse, Christina)

DOCKET ENTRY ORDER: Defendant Centurion of Idaho, LLC has moved the Court to allow one of its counselors to appear at the upcoming hearing remotely. Dkt. 26. Plaintiffs have also informally requested remote access for two attorneys who will be out of state. The Court will distribute to counsel of record for all parties a phone number to allow them to call in to the proceedings. No video will be allowed, and the phone number must not be distributed outside of the firms or organizations representing the parties in this case. To the extent this is consistent with Centurion's Motion, the Motion is GRANTED. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dn)

Minute Entry for proceedings held before Judge David C. Nye: Motion Hearing held on 7/15/2024 re: 2 Emergency MOTION for Temporary Restraining Order and Provisional Class Certification filed by Jane Roe, Jane Doe, Jane Poe and 7 MOTION for Hearing re 2 Emergency MOTION for Temporary Restraining Order and Provisional Class Certification filed by Raul Labrador, Bree Derrick, Josh Tewalt, Brad Little. Matter was taken under advisement with a written order forthcoming; Provisional TRO remains in place until the Court's decision comes out; Provisional class certification is denied currently on the record. (Court Reporter: Anne Bowline) (jm)

DOCKET ENTRY NOTICE of Hearing on Motion: A Video Motion Hearing has been set for 8/2/2024 at 10:00 AM Mountain/9:00 AM Pacific before Judge David C. Nye. A separate notice with the login information will be sent separately as the hearing date approaches. (jm)

MOTION for Hearing re 29 Notice of Hearing on Motion, Motion to Appear in-Person James J Simeri appearing for Defendants Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. Responses due by 8/5/2024 (Simeri, James)

WAIVER OF SERVICE Returned Executed by Jane Doe, Jane Poe, Jane Roe. Centurion of Idaho, LLC waiver sent on 7/10/2024, answer due 9/9/2024. (Southwick, Paul)

WAIVER OF SERVICE Returned Executed by Jane Doe, Jane Poe, Jane Roe. Bree Derrick waiver sent on 7/10/2024, answer due 9/9/2024; Raul Labrador waiver sent on 7/10/2024, answer due 9/9/2024; Brad Little waiver sent on 7/10/2024, answer due 9/9/2024; Josh Tewalt waiver sent on 7/10/2024, answer due 9/9/2024. (Southwick, Paul)

DOCKET ENTRY ORDER: State Defendants' Motion to Appear in-Person (Dkt. 30 ) is hereby GRANTED. All parties are permitted to attend the hearing on August 2, 2024, in person. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dn)

MOTION to Strike direct Plaintiffs to Address Court through Motion Practice James J Simeri appearing for Defendants Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. Responses due by 8/9/2024 (Attachments: # 1 Exhibit A)(Simeri, James)

1 Exhibit A

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DOCKET ENTRY ORDER: Before the Court is a discovery scheduling dispute. Consistent with the Court's standard procedure, see https://id.uscourts.gov/district/judges/nye/Discovery_Disputes.cfm, Plaintiffs informed the Court of the dispute informally, and the Court organized an informal mediation call. As a result of the call, and after consideration, the Court adopts the following requirements: State Defendants shall have until Tuesday, July 23, 2024, at 10:00 am MDT to respond to Plaintiffs' requests for admission. Any request not responded to by that time will be deemed admitted. The Court declines to change briefing deadlines or allow supplemental briefing from either party after its respective deadline has passed. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dn)

DECLARATION of Declaration of John May, M.D., F.A.C.P., in Further Response to Plaintiffs' Motion for Temporary Restraining Order, Provisional Class Certification, and Preliminary Injunction by Defendant Centurion of Idaho, LLC re 23 Response to Motion filed by Centurion Health, Centurion of Idaho, LLC . (Hesse, Christina)

Consent MOTION to Take Deposition from Plaintiffs James J Simeri appearing for Defendants Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. Responses due by 8/14/2024 (Simeri, James)

MEMORANDUM in Opposition re 22 MOTION To Proceed in Pseudonym filed by Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. Replies due by 8/7/2024.(Simeri, James)

SEALED RESPONSE to Motion re 2 Emergency MOTION for Temporary Restraining Order and Provisional Class Certification filed by Jane Doe, Jane Poe, Jane Roe. Replies due by 8/7/2024. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Southwick, Paul)

Unopposed MOTION to Seal Paul Carlos Southwick appearing for Plaintiffs Jane Doe, Jane Poe, Jane Roe. Responses due by 8/14/2024 (Attachments: # 1 Memorandum in Support, # 2 Redacted Brief, # 3 Declaration, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G)(Southwick, Paul)

1 Memorandum in Support

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2 Redacted Brief

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3 Declaration

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4 Exhibit A

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5 Exhibit B

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6 Exhibit C

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7 Exhibit D

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8 Exhibit E

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9 Exhibit F

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10 Exhibit G

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DOCKET ENTRY ORDER: Before the Court is State Defendants' unopposed Motion to Take Deposition of Plaintiffs in Prison. Dkt. 37 . Good cause appearing, and pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), the Court hereby GRANTS the Motion.Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dn)

Docket Entry Order: Until now, the three named plaintiffs in this case have proceeded under the pseudonyms Jane Roe, Jane Poe, and Jane Doe respectively. However, the parties have informed the Court that the plaintiff heretofore identified as Jane Roe now intends to proceed under her legal name, Cole Robinson. Dkt. 38, at 3 n.1. The parties ask the Court to amend the caption of this case accordingly. Good cause appearing, the Court GRANTS the parties' request. Moving forward, the appropriate short caption for this case will be Robinson, et al. v. Labrador, et al.. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dn)

ORDER REGARDING MOTION TO SEAL - Plaintiffs Motion to File Under Seal (Dkt. 40 ) is GRANTED. Their Additional Brief (Dkt. 39) shall remail under seal. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

MOTION FOR PRO HAC VICE APPEARANCE by Chase Strangio. ( Filing fee $ 250 receipt number AIDDC-2786888.)Paul Carlos Southwick appearing for Plaintiffs Jane Doe, Jane Poe, Cole Robinson. Responses due by 8/19/2024 (Southwick, Paul)

DOCKET ENTRY ORDER approving 44 Motion for Pro Hac Vice Appearance of attorney Chase Strangio for Jane Doe,Chase Strangio for Jane Poe,Chase Strangio for Cole Robinson. 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)

SEALED RESPONSE to Motion re 40 Unopposed MOTION to Seal filed by Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. Replies due by 8/14/2024. (Attachments: # 1 Exhibit A, Dep. of Cole Robinson, # 2 Exhibit B, Dep. of Jane Poe)(Simeri, James)

DOCKET ENTRY NOTICE of Hearing on Motion: The Video Motion Hearing set for 8/2/2024 at 10:00 AM Mountain/9:00 AM Pacific is hereby VACATED and RESCHEDULED for 8/2/2024 at 11:00 AM Mountain/10:00 AM Pacific before Judge David C. Nye. ** Entry made to clarify TIME CHANGE ONLY ** (jm)

NOTICE by Jane Doe, Jane Poe, Cole Robinson re 39 Sealed Response to Motion, Notice of Withdrawal of Proposed Class Representative Jane Doe (Southwick, Paul)

AMENDED DOCUMENT by Jane Doe, Jane Poe, Cole Robinson. Amended Declaration of Dr. Randi Ettner (Dkt. 2-5) ISO Pl Mot 2 . (Attachments: # 1 Appendix A, # 2 Appendix B)(Southwick, Paul)

1 Appendix A

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2 Appendix B

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Minute Entry for proceedings held before Judge David C. Nye: Motion Hearing held on 8/2/2024 re 2 Emergency MOTION for Temporary Restraining Order and Provisional Class Certification filed by Jane Doe, Jane Poe, Cole Robinson, 7 MOTION for Hearing re 2 Emergency MOTION for Temporary Restraining Order and Provisional Class Certification filed by Raul Labrador, Bree Derrick, Josh Tewalt, Brad Little. The matter was taken under advisement with a written decision to follow. (Court Reporter: Anne Bowline.) (jm)

SUPPLEMENTAL MEMORANDUM DECISION AND ORDER ON THE TEMPORARY RESTRAINING ORDER - Plaintiffs' Motion for Temporary Restraining Order is granted as set forth herein. The Court takes under advisement the issues of class certification and preliminary injunction. A separate decision on those matters will issue later. Idaho Code § 18-8601 is held in abeyance for the time being only as to the proposed class of individuals who are incarcerated persons in the custody of IDOC who have a diagnosis of gender dysphoria and are receiving hormone therapy. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (hs) (Main Document 51 replaced on 8/2/2024 ) (hs). Modified on 8/2/2024 to modify attached Order. Regenerated NEF (hs).

NOTICE by Jane Doe, Jane Poe, Cole Robinson re 22 MOTION To Proceed in Pseudonym Withdrawal of Motion To Proceed in Pseudonym (Southwick, Paul)

CORRECTIVE ENTRY - The entry docket number 52 Notice (Other) filed by Jane Doe, Jane Poe, Cole Robinson was filed incorrectly in this case. The proper CM/ECF event to use is "withdrawal of a document." No further action is needed.(jd)

Corrective Entry

MOTION for Reconsideration re 51 Memorandum Decision,,, James J Simeri appearing for Defendants Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. Responses due by 8/30/2024 (Attachments: # 1 Memorandum in Support)(Simeri, James)

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MEMORANDUM in Opposition re 53 MOTION for Reconsideration re 51 Memorandum Decision,,, filed by Jane Doe, Jane Poe, Cole Robinson. Replies due by 8/29/2024.(Southwick, Paul)

NOTICE of Voluntary Dismissal by Jane Doe (Southwick, Paul)

NOTICE by Jane Poe, Cole Robinson Legal Name of Jane Poe (Southwick, Paul)

REPLY to Response to Motion re 53 MOTION for Reconsideration re 51 Memorandum Decision,,, filed by Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt.Motion Ripe Deadline set for 8/30/2024.(Simeri, James)

MEMORANDUM DECISION AND ORDER - Plaintiffs Motion for Temporary Restraining Order, Provisional Class Certification, and Preliminary Injunction (Dkt. 2 ) is hereby GRANTED. The bond requirement imposed by Federal Rule of Civil Procedure 65(c) is WAIVED. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

DOCKET ENTRY ORDER: Before the Court is State Defendants' Motion for Reconsideration. Dkt. 53 . The Court finds that its recent Memorandum Decision and Order, Dkt. 58, adequately disposes of the arguments raised in State Defendants' Motion. Accordingly, the Motion is DENIED as MOOT. In the event State Defendants feel that one or more of their arguments was not properly addressed, they may file a new motion arguing as much. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dn)

ANSWER to Complaint by Centurion of Idaho, LLC.(Hesse, Christina)

Corporate Disclosure Statement by Centurion of Idaho, LLC identifying Corporate Parent Centurion of Idaho LLC for Centurion of Idaho, LLC. (Hesse, Christina)

ANSWER to 1 Complaint by Bree Derrick, Josh Tewalt.(Simeri, James)

Motion to Dismiss for Failure to State a Claim James J Simeri appearing for Defendants Raul Labrador, Brad Little. Responses due by 9/30/2024 (Attachments: # 1 Memorandum in Support)(Simeri, James)

1 Memorandum in Support

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LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE - On or before October 11, 2024, the parties must file with the Court the joint Litigation Plan and Discovery Plan.Telephonic Scheduling Conference set for 10/18/2024 09:00 AM in Telephonic Hearing - Pocatello Chambers before Judge David C. Nye. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs. (Attachments: # 1 Exhibit Redline of Amended Complaint, # 2 Exhibit Notice of Amended Complaint Under FRCP 15(a)(1)(B))(Croston, Emily)

MEMORANDUM in Opposition re 63 Motion to Dismiss for Failure to State a Claim filed by Brody Mills, Cole Robinson. Replies due by 10/15/2024.(Croston, Emily)

MOTION FOR PRO HAC VICE APPEARANCE by Leslie Cooper. ( Filing fee $ 250 receipt number AIDDC-2822926.)Emily Myrei Croston appearing for Plaintiffs Brody Mills, Cole Robinson. Responses due by 10/29/2024 (Attachments: # 1 Exhibit Cooper Bar Admissions)(Croston, Emily)

DOCKET ENTRY ORDER approving 67 Motion for Pro Hac Vice Appearance of attorney Leslie Jill Cooper for Brody Mills,Leslie Jill Cooper for Cole Robinson. 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)

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Brody Mills, Cole Robinson. (Attachments: # 1 Declaration, # 2 Exhibit Exhibit A - Email Communications Re Joint Plan)(Croston, Emily)

1 Declaration

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2 Exhibit Exhibit A - Email Communications Re Joint Plan

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NOTICE of Non-Compliance as to Jasper Wilcox. (Attachments: # 1 Prisoner eFile Cover Sheet)(jd)

1 Prisoner eFile Cover Sheet

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ANSWER to 65 Amended Complaint by Centurion of Idaho, LLC.(Hesse, Christina)

Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 11/5/2024)Christina Mott Hesse appearing for Defendant Centurion Health. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Counsel in Support, # 3 Exhibit A)(Hesse, Christina)

1 Memorandum in Support

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2 Declaration of Counsel in Support

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3 Exhibit A

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DISCOVERY PLAN by Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt re 64 Litigation Order, . (Simeri, James)

ANSWER to 65 Amended Complaint by Bree Derrick, Josh Tewalt.(Simeri, James)

Motion to Dismiss for Failure to State a Claim Amended Complaint James J Simeri appearing for Defendants Raul Labrador, Brad Little. Responses due by 11/5/2024 (Attachments: # 1 Memorandum in Support)(Simeri, James)

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DOCKET ENTRY ORDER. Before the Court is Defendants Raul Labrador and Brad Little's Motion to Dismiss. Dkt. 63 . Plaintiffs filed an Amended Complaint subsequent to the filing of this Motion. See Dkt. 65 . As the Ninth Circuit has explained, "an amended complaint supersedes the original complaint" thereby becoming the "operative pleading." CDK Global LLC v. Brnovich, 16 F.4th 1266 (9th Cir. 2021) (cleaned up). When this happens, any previously-filed motions to dismiss are moot. See Barnes v. Dist. of Columbia, 42 F. Supp. 3d 111, 117 (D.D.C. 2014) ("When a plaintiff files an amended complaint as of right... the amended complaint becomes the operative pleading... and any pending motion to dismiss becomes moot. (cleaned up))." Accordingly, Defendants' Motion (Dkt. 63 ) is DISMISSED AS MOOT. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kpd)

DISCOVERY PLAN by Centurion of Idaho, LLC re 69 Scheduling Conf Form/Litigation Plan, 73 Discovery Plan . (Hesse, Christina)

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Brody Mills, Cole Robinson. (Croston, Emily)

SCHEDULING ORDER (STANDARD TRACK) - All dispositive motions shall be filed by July 28,2025. All motions to amend pleadings and join parties, except for allegations of punitive damages, shall be filed on or before January 20, 2025. All factual discovery will be completed by April 4, 2025. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

MOTION for Preliminary Injunction Emily Myrei Croston appearing for Plaintiffs Brody Mills, Cole Robinson. Responses due by 11/18/2024 (Attachments: # 1 Memorandum in Support, # 2 Mills Declaration in Support, # 3 Heredia Declaration in Support)(Croston, Emily)

1 Memorandum in Support

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2 Mills Declaration in Support

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3 Heredia Declaration in Support

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Unopposed MOTION to Expedite Emily Myrei Croston appearing for Plaintiffs Brody Mills, Cole Robinson. Responses due by 11/18/2024 (Attachments: # 1 Memorandum in Support)(Croston, Emily)

DOCKET ENTRY ORDER. Good cause appearing, Plaintiffs' unopposed Motion to Expedite (Dkt. 81 ) is GRANTED. Defendants' responses to Plaintiffs' Motion for Preliminary Injunction (Dkt. 80 ) are due on or before November 13, 2024. Replies are due on or before November 20, 2024.*Note: these dates differ from the parties agreed-upon dates but are necessary given the Court's calendar and the Thanksgiving holiday. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kpd)

Unopposed MOTION for Extension of Time to File Response/Reply as to 75 Motion to Dismiss for Failure to State a Claim Amended Complaint, 72 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Emily Myrei Croston appearing for Plaintiffs Brody Mills, Cole Robinson. Responses due by 11/21/2024 (Croston, Emily)

DOCKET ENTRY ORDER. Good cause appearing, Plaintiffs' unopposed Motion for Extension of Time to File (Dkt. 83 ) is GRANTED. Plaintiffs responses to Defendants' Motions to Dismiss (Dkt. 72 and 75 ) will be due on or before November 19, 2024. Replies will be due on or before December 3, 2024. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kpd)

Unopposed MOTION for Protective Order Emily Myrei Croston appearing for Plaintiffs Brody Mills, Cole Robinson. Responses due by 12/3/2024 (Attachments: # 1 Proposed Order)(Croston, Emily)

1 Proposed Order

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STIPULATED PROTECTIVE ORDER. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)

RESPONSE to Motion re 80 MOTION for Preliminary Injunction filed by Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. Replies due by 11/27/2024.(Maurer, Matthew)

MEMORANDUM in Opposition re 75 Motion to Dismiss for Failure to State a Claim Amended Complaint filed by Brody Mills, Cole Robinson. Replies due by 12/3/2024.(Croston, Emily)

MEMORANDUM in Opposition re 72 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Brody Mills, Cole Robinson. Replies due by 12/3/2024. (Attachments: # 1 Declaration, # 2 Exhibit A)(Croston, Emily)

1 Declaration

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2 Exhibit A

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REPLY to Response to Motion re 80 MOTION for Preliminary Injunction filed by Brody Mills, Cole Robinson.Motion Ripe Deadline set for 11/21/2024. (Attachments: # 1 Croston Declaration, # 2 Exhibit A)(Southwick, Paul)

1 Croston Declaration

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2 Exhibit A

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Unopposed MOTION for Extension of Time to File Response/Reply Christina Mott Hesse appearing for Defendants Centurion Health, Centurion of Idaho, LLC. Responses due by 12/16/2024 (Hesse, Christina)

DOCKET ENTRY ORDER. Good cause appearing, Centurion Defendants' unopposed Motion for Extension of Time to File (Dkt. 91 ) is GRANTED. Centurion Defendants' reply to Plaintiffs' Response (Dkt. 89 ) will be due on or before December 17, 2024. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kpd)

First MOTION for Extension of Time to File Response/Reply as to 75 Motion to Dismiss for Failure to State a Claim Amended Complaint Matthew Lee Maurer appearing for Defendants Raul Labrador, Brad Little. Responses due by 12/17/2024 (Maurer, Matthew)

DOCKET ENTRY ORDER. Good cause appearing, State Defendants' unopposed Motion for Extension of Time to File (Dkt. 93 ) is GRANTED. State Defendants' reply to Plaintiffs' Response (Dkt. 88 ) will be due on or before December 17, 2024. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kpd)