D. Idaho 1:17-cv-00151 Docket
Edmo v. Corizon
No. 1:17-cv-00151, Case History (under construction)
Court: District of Idaho (Boise – Southern)
Assigned to: Judge B. Lynn Winmill
(previously Magistrate Judge Ronald E. Bush, reassigned 6/8/17)
Referred to: Judge Richard C. Tallman (9th Circuit Judge), for settlement
| Date Filed | # | Docket Text |
| 04/06/2017 | 1 | APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Adree Edmo. Responses due by 4/27/2017 (jp) (Entered: 04/07/2017) |
| 04/06/2017 | 2 | Statement of Prisoner Trust Fund Account, This is a sealed document. re 1 APPLICATION for Leave to Proceed in forma pauperis by Adree Edmo. (jp) (Entered: 04/07/2017) |
| 04/06/2017 | 3 | COMPLAINT against All Defendants, filed by Adree Edmo. (Attachments: # 1 complaint continued, # 2 complaint continued, # 3 complaint continued)(jp) (Entered: 04/07/2017) |
| 04/06/2017 | 4 | EXHIBITS TO COMPLAINT by Plaintiff Adree Edmo re 3 Complaint. (Attachments: # 1 Exhibits continued, # 2 Exhibits continued)(jp) (Entered: 04/07/2017) |
| 04/06/2017 | 5 | MOTION to Appoint Counsel by Plaintiff Adree Edmo. Responses due by 4/28/2017 (Attachments: # 1 Memorandum in Support, # 2 Affidavit in support, # 3 Exhibits)(jp) (Entered: 04/07/2017) |
| 04/06/2017 | 6 | MOTION for Service by a US Marshalby Plaintiff Adree Edmo. Responses due by 4/27/2017 (jp) (Entered: 04/07/2017) |
| 04/06/2017 | 7 | MOTION for Temporary Restraining Order and Preliminary Injunction ( Responses due by 4/27/2017)by Plaintiff Adree Edmo. (Attachments: # 1 Affidavit in support, # 2 proposed order)(jp) (Entered: 04/07/2017) |
| 04/07/2017 | 8 | ORDER of Conditional Filing – (jp) |
| 04/07/2017 | 9 | NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to Adree Edmo re 3 Complaint (jp) |
| 04/13/2017 | 10 | MEMORANDUM of Law in Support of 7 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Adree Edmo.(cjs) |
| 04/14/2017 | 11 | ORDER FOR IN FORMA PAUPERIS STATUS AND WITHDRAWAL OF INMATE FILING FEE FROM PRISON TRUST ACCOUNT. NOW THEREFORE IT IS HEREBY ORDERED: Plaintiff’s Application for Leave to Proceed in Forma Pauperis 1 is GRANTED. The Director of the Idaho Department of Correction or his designee shallcollect from Plaintiff’s prison trust account the $350.00 balance of thefiling fee and shall forward payments to the Clerk of Court. (Notice sent to Finance). Signed by Judge Ronald E. Bush. (A copy of this order has been mailed to the Director of the Idaho Dept. of Correction.)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) |
| 04/14/2017 | 12 | INITIAL REVIEW ORDER. IT IS ORDERED: Plaintiff may proceed on (1) her Eighth Amendment medical treatment claims, her related negligence or medical malpractice claims, and her equal protection claims, against Defendants Corizon, Kempf, Craig, Siegert, Yordy, Eliason, Young, and Whinnery. Defendants Corizon, Kempf, Craig, Siegert, Yordy, Eliason, Young, and Whinnery shall be allowed to waive service of summons by executing, or having their counsel execute, the Waiver of Service of Summons and returning it to the Court within 30 days. Plaintiff’s Motion for Appointment of Counsel 5 is GRANTED IN PART, to the extent that court staff shall begin a search for pro bono counsel for Plaintiff. Because the Court will allow Defendants an opportunity to waive service of process, Plaintiff’s Motion for Service by a U.S. Marshal 6 is MOOT. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) Modified on 4/14/2017 – Due to time of order being docketed, mailings will go out on Monday 4/17/2017 (st). |
| 04/17/2017 | 13 | COURT’S CERTIFICATE of Service. I certify that I caused a copy of the following documents to be mailed to the following named persons: copies of Complaint (dkt #3), Motion for Temporary Restraining Order and Preliminary Injunction (dkt #7), Order (dkt #12), and attached Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons: Mark Kubinski, Idaho Department of Corrections, 1299 North, Orchard, Ste. 110, Boise, ID 83706 and a copy of Order (dkt #12) and a copy of the attached Notice of Lawsuit and Request for Waiver of Service of Summons to: Adree Edmo #94691, ISCI, PO Box 14, Boise, ID 83707(st) |
| 04/17/2017 | 14 | COURT’S CERTIFICATE of Service. I certify that I caused a copy of the following documents to be mailed to the following named persons: copies of Complaint (dkt #3), Motion for Temporary Restraining Order and Preliminary Injunction (dkt #7), Order (dkt #12), and attached Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons: Kevin West and Dylan Eaton, Parsons Behle & Latimer, 800 W. Main Street,, Suite 1300, Boise, ID 83702 and Order (dkt #12) and a copy of the attached Notice of Lawsuit and Request for Waiver of Service of Summons to: Adree Edmo #94691, ISCI, PO Box 14, Boise, ID 83707(st) |
| 05/12/2017 | 15 | NOTICE of Appearance by Brady James Hall on behalf of Richard Craig, Kevin Kempf, Rona Siegert, Howard Keith Yordy (Hall, Brady) |
| 05/12/2017 | 16 | WAIVER OF SERVICE Returned Executed by Richard Craig, Rona Siegert, Howard Keith Yordy, Kevin Kempf. Richard Craig waiver sent on 4/19/2017, answer due 6/19/2017; Rona Siegert waiver sent on 4/19/2017, answer due 6/19/2017; Howard Keith Yordy waiver sent on 4/19/2017, answer due 6/19/2017; Kevin Kempf waiver sent on 4/19/2017, answer due 6/19/2017. (Hall, Brady) |
| 05/17/2017 | 17 | NOTICE of Appearance by Dylan Alexander Eaton on behalf of Corizon Incorporated, Scott Eliason, Catherine Whinnery, Murray Young (Eaton, Dylan) |
| 05/17/2017 | 18 | WAIVER OF SERVICE Returned Executed by Murray Young, Catherine Whinnery, Corizon Incorporated, Scott Eliason. Murray Young waiver sent on 4/17/2017, answer due 6/16/2017; Catherine Whinnery waiver sent on 4/17/2017, answer due 6/16/2017; Corizon Incorporated waiver sent on 4/17/2017, answer due 6/16/2017; Scott Eliason waiver sent on 4/17/2017, answer due 6/16/2017. (Eaton, Dylan) |
| 05/17/2017 | 20 | MOTION for Leave to Amend 3 Complaint by Plaintiff Adree Edmo. Responses due by 6/7/2017. (cjs) (Additional attachment(s) added on 5/19/2017: # 1 Proposed Amended Complaint part 1 of 4, # 2 Proposed Amended Complaint part 2 of 4, # 3Proposed Amended Complaint part 3 of 4, # 4 Proposed Amended Complaint part 4 of 4) (cjs). (Entered: 05/19/2017) |
| 05/19/201 | 19 | NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Corizon Incorporated, Richard Craig, Scott Eliason, Kevin Kempf, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, and Murray Young re 17 Notice of Appearance and 15 Notice of Appearance Consent/Objection to Magistrate due by 7/18/2017. (km) Modified on 5/19/2017 (km). Modified on 5/22/2017 to remove pdf docs that were attached in error (jp). |
| 06/07/2017 | 21 | Corporate Disclosure Statement by Corizon Incorporated identifying Corporate Parent Corizon Health, Inc. for Corizon Incorporated.. (Eaton, Dylan) |
| 06/07/2017 | 22 | RESPONSE to Motion re 20 MOTION to Amend/Correct 3 Complaint filed by Corizon Incorporated, Scott Eliason, Catherine Whinnery, Murray Young. Replies due by 6/21/2017.(Eaton, Dylan) |
| 06/07/2017 | 23 | RESPONSE to Motion re 20 MOTION to Amend/Correct 3 Complaint filed by Richard Craig, Kevin Kempf, Rona Siegert, Howard Keith Yordy. Replies due by 6/21/2017.(Hall, Brady) |
| 06/08/2017 | 24 | ORDER GRANTING MOTION TO AMEND AND ORDER OF REASSIGNMENT. Plaintiff’s Motion for Leave to Amend 20 is GRANTED. The Clerk of Court shall file the Amended Complaint (currently Dkt. 20-1 through Dkt. 20-4) as a separate docket entry in this case. Defendants shall respond to Plaintiff’s Amended Complaint, as well as to Plaintiff’s Motion for Temporary Restraining Order and Preliminary Injunction Order, within 21 days after entry of this Order. This case is REASSIGNED to the Hon. B. Lynn Winmill, Chief United States District Judge. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) (Entered: 06/09/2017) |
| 06/08/2017 | 25 | AMENDED COMPLAINT against Corizon Incorporated, Richard Craig, Scott Eliason, Idaho State Board of Corrections, Kevin Kempf, David McClusky, Robin Sandy, Rona Siegert, Catherine Whinnery, Cindy Wiison, Howard Keith Yordy, and Murray Young, filed by Adree Edmo. (Attachments: # 1 amended complaint continued, # 2 amended complaint continued, # 3 amended complaint continued)(st) (Entered: 06/09/2017) |
| 06/09/2017 | DOCKET ENTRY NOTICE of Case Number Change. Per Order (docket #24), this case has been reassigned to Judge B. Lynn Winmill. Please use case number 1:17-cv-00151-BLW on all future pleadings. (st) | |
| 06/19/2017 | 26 | NOTICE of Appearance by Craig Durham on behalf of Adree Edmo (Durham, Craig) |
| 06/19/2017 | 27 | NOTICE of Appearance by Deborah A Ferguson on behalf of Adree Edmo (Ferguson, Deborah) |
| 06/19/2017 | 28 | Docket entry only – CONSENT to Magistrate Judge filed. (cjs) |
| 06/22/2017 | 29 | STIPULATION and joint motion to vacate and reset filing deadlines by Adree Edmo. (Durham, Craig) |
| 06/23/2017 | 30 | ORDER. IT IS ORDERED: The parties’ Joint Motion and Stipulation to Vacate and Reset Deadlines (Dkt. 29 ) is GRANTED. The parties shall follow the deadlines set forth in the Stipulation. Pursuant to the Stipulation, Plaintiff’s Motion for Temporary Restraining Order and Preliminary Injunction (Dkt. 7 ) is DENIED without prejudice. Signed by Judge B. Lynn Winmill. Motions terminated: 7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Adree Edmo. (km) |
| 07/19/2017 | The 60 day deadline has expired. Case will remain with District Judge. No more notice of availability will be sent out. Consent deadline(s) termed. (cjs) | |
| 08/30/2017 | 31 | MOTION FOR PRO HAC VICE APPEARANCE by Amy Whelan. ( Filing fee $ 225 receipt number 0976-1629026.)Craig Durham appearing for Plaintiff Adree Edmo. Responses due by 9/20/2017 (Durham, Craig) |
| 08/30/2017 | 32 | MOTION FOR PRO HAC VICE APPEARANCE by Lori E. Rifkin. ( Filing fee $ 225 receipt number 0976-1629035.)Craig Durham appearing for Plaintiff Adree Edmo. Responses due by 9/20/2017 (Durham, Craig) |
| 08/30/2017 | 33 | DOCKET ENTRY ORDER approving 31 Motion for Pro Hac Vice Appearance of attorney Amy Whelan for Adree Edmo; approving 32 Motion for Pro Hac Vice Appearance of attorney Lori E Rifkin for Adree Edmo. Per General Order 206, 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 (cjs) |
| 08/31/2017 | 34 | MOTION FOR PRO HAC VICE APPEARANCE by Dan Stormer. ( Filing fee $ 225 receipt number 0976-1629433.)Craig Durham appearing for Plaintiff Adree Edmo. Responses due by 9/21/2017 (Durham, Craig) |
| 08/31/2017 | 35 | DOCKET ENTRY ORDER approving 34 Motion for Pro Hac Vice Appearance of attorney Dan Stormer for Adree Edmo. Per General Order 206, 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 (cjs) |
| 09/01/2017 | 36 | AMENDED COMPLAINT (Second) and Exhibits A & B in Support against All Defendants, filed by Adree Edmo. (Attachments: # 1 Summons re Defendant Jeff Zmuda)(Rifkin, Lori) |
| 09/22/2017 | 37 | MOTION for Extension of Time to File Answer Responsive Pleading Brady James Hall appearing for Defendants Richard Craig, Kevin Kempf, Rona Siegert, Howard Keith Yordy. Responses due by 10/13/2017 (Hall, Brady) |
| 10/02/2017 | 38 | WAIVER OF SERVICE Returned Executed by Adree Edmo. Idaho Department of Corrections waiver sent on 9/13/2017, answer due 11/13/2017; Henry Atencio waiver sent on 9/13/2017, answer due 11/13/2017; Jeff Zumda waiver sent on 9/13/2017, answer due 11/13/2017. (Rifkin, Lori) |
| 11/01/2017 | 39 | First MOTION for Partial Summary Judgment IDOC Defendants’ First Motion for Dispositive Relief Brady James Hall appearing for Defendants Henry Atencio, Richard Craig, Rona Siegert, Howard Keith Yordy, Jeff Zumda. Responses due by 11/22/2017 (Attachments: # 1 Appendix Statement of Material Facts)(Hall, Brady) |
| 11/01/2017 | 40 | JOINDER by Defendants Corizon Incorporated, Scott Eliason, Catherine Whinnery, Murray Young joining 39 First MOTION for Partial Summary Judgment IDOC Defendants’ First Motion for Dispositive Relief . (Eaton, Dylan) |
| 11/01/2017 | 41 | DECLARATION of Dana Maybon re 39 First MOTION for Partial Summary Judgment IDOC Defendants’ First Motion for Dispositive Relief filed by Henry Atencio, Richard Craig, Idaho Department of Corrections, Rona Siegert, Howard Keith Yordy, Jeff Zumda . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit Exhibit D)(Hall, Brady) Modified on 11/3/2017 (cjs). |
| 11/01/2017 | 42 | DECLARATION of Lisa Mason re 39 First MOTION for Partial Summary Judgment IDOC Defendants’ First Motion for Dispositive Relief filed by Henry Atencio, Richard Craig, Idaho Department of Corrections, Rona Siegert, Howard Keith Yordy, Jeff Zumda . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Hall, Brady) Modified on 11/3/2017 (cjs). |
| 11/01/2017 | 43 | MEMORANDUM in Support of Motion re 39 First MOTION for Partial Summary Judgment IDOC Defendants’ First Motion for Dispositive Relief filed by Henry Atencio, Richard Craig, Idaho Department of Corrections, Rona Siegert, Howard Keith Yordy, Jeff Zumda . (Hall, Brady) Modified on 11/3/2017 pursuant to Corrective Entry (cjs). |
| 11/03/2017 | CORRECTIVE ENTRY – The entry docket number 43 Memorandum/Brief (generic), filed by Rona Siegert, Idaho Department of Corrections, Richard Craig, Howard Keith Yordy, Henry Atencio, Jeff Zumda was filed incorrectly in this case as the wrong event was used. The Court prefers the memorandum in support to be filed as an attachment to the motion it supports. But when filed separately the correct event is “Memorandum in Support of Motion” located under Responses and Replies. No action is needed by the filing party as the Clerk’s Office will edit the entry.(cjs) |
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| 11/22/2017 | 44 | RESPONSE to Motion re 39 First MOTION for Partial Summary Judgment IDOC Defendants’ First Motion for Dispositive Relief filed by Adree Edmo. Replies due by 12/6/2017. (Attachments: # 1 Plaintiff’s Statement of Material Facts in Dispute)(Rifkin, Lori) |
| 11/22/2017 | 45 | NOTICE by Adree Edmo OF CONSTITUTIONAL QUESTION (Attachments: # 1Exhibit A – Memorandum in Opposition to Defendants’ Motion to Dismiss)(Rifkin, Lori) |
| 12/06/2017 | 46 | JOINDER by Defendants Corizon Incorporated, Scott Eliason, Catherine Whinnery, Murray Young joining 44 Response to Motion, 39 First MOTION for Partial Summary Judgment IDOC Defendants’ First Motion for Dispositive Relief . (Eaton, Dylan) |
| 12/06/2017 | 47 | REPLY to Response to Motion re 39 First MOTION for Partial Summary Judgment IDOC Defendants’ First Motion for Dispositive Relief filed by Henry Atencio, Richard Craig, Idaho Department of Corrections, Rona Siegert, Howard Keith Yordy, Jeff Zumda.(Hall, Brady) |
| 12/15/2017 | RECEIPT: CIVIL FILING FEE Received, receipt #IDX21348 PAID IN FULL. (jld) | |
| 01/24/2018 | 48 | MOTION for Extension of Time to File Motion to Intervene Christine Gealy England appearing for Interested Party UNITED STATES OF AMERICA. Responses due by 2/14/2018 (England, Christine) |
| 01/29/2018 | 49 | DOCKET ENTRY ORDER granting 37 Motion for Extension of Time to Answer All Parties. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (js) |
| 01/31/2018 | 50 | RESPONSE to Motion re 48 MOTION for Extension of Time to File Motion to Intervene filed by Henry Atencio, Richard Craig, Idaho Department of Corrections, Kevin Kempf, Rona Siegert, Howard Keith Yordy, Jeff Zumda. Replies due by 2/14/2018.(Hall, Brady) |
| 02/01/2018 | 51 | RESPONSE to Motion re 48 MOTION for Extension of Time to File Motion to Intervene filed by Corizon Incorporated, Scott Eliason, Catherine Whinnery, Murray Young. Replies due by 2/15/2018.(Eaton, Dylan) |
| 02/01/2018 | 52 | CERTIFICATE OF SERVICE by Henry Atencio, Richard Craig, Idaho Department of Corrections, Kevin Kempf, Rona Siegert, Howard Keith Yordy, Jeff Zumda re 50Response to Motion, (Hall, Brady) |
| 02/05/2018 | 53 | RESPONSE to Motion re 48 MOTION for Extension of Time to File Motion to Intervene filed by Adree Edmo. Replies due by 2/19/2018.(Durham, Craig) |
| 02/12/2018 | 54 | MOTION FOR PRO HAC VICE APPEARANCE by Shaleen Shanbhag. ( Filing fee $ 225 receipt number 0976-1697326.)Craig Durham appearing for Plaintiff Adree Edmo. Responses due by 3/5/2018 (Durham, Craig) |
| 02/12/2018 | 55 | DOCKET ENTRY ORDER approving 54 Motion for Pro Hac Vice Appearance of attorney Shaleen Shanbhag for Adree Edmo. Per General Order 206, 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 (cjs) |
| 03/20/2018 | 56 | DOCKET ENTRY NOTICE OF HEARING regarding 39 IDOC Defendants’ First Motion for Dispositive Relief: A Motion Hearing is set for 4/4/2018 at 2:00 PM in Boise – Courtroom 3 before Judge B. Lynn Winmill. (jlb) |
| 03/23/2018 | 57 | NOTICE by United States of America re 45 Notice (Other) of Decision Not to Intervene (Bryce, Peter) |
| 03/26/2018 | 58 | NOTICE by Adree Edmo of Supplemental Authority (Rifkin, Lori) |
| 04/04/2018 | 59 | Minute Entry for proceedings held before Judge B. Lynn Winmill: Motion Hearing held on 4/4/2018 re 39 IDOC Defendants’ First Motion for Dispositive Relief. The matter was taken under advisement. A written decision is forthcoming. (Court Reporter Tammy Hohenleitner.) (jlb) |
| 05/21/2018 | 60 | MOTION FOR PRO HAC VICE APPEARANCE by Julie Wilensky. ( Filing fee $ 225 receipt number 0976-1738964.)Deborah A Ferguson appearing for Plaintiff Adree Edmo. Responses due by 6/11/2018 (Ferguson, Deborah) |
| 05/22/2018 | 61 | DOCKET ENTRY ORDER approving 60 Motion for Pro Hac Vice Appearance of attorney Julie Wilensky for Adree Edmo. Per General Order 206, 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 (cjs) |
| 06/01/2018 | 62 | MOTION for Preliminary Injunction Lori E Rifkin appearing for Plaintiff Adree Edmo. Responses due by 6/22/2018 (Attachments: # 1 Declaration of Lori Rifkin and Exhibits in Support, # 2 Declaration of Adree Edmo in Support)(Rifkin, Lori) |
| 06/04/2018 | 63 | MOTION for Extension of Time to File Response/Reply and Request for Status Conference ( Responses due by 6/25/2018), 62 MOTION for Preliminary InjunctionBrady James Hall appearing for Defendants Henry Atencio, Richard Craig, Rona Siegert, Howard Keith Yordy, Jeff Zumda. (Attachments: # 1 Memorandum in Support)(Hall, Brady) Modified on 6/5/2018 (cjs). |
| 06/05/2018 | 64 | JOINDER by Defendants Corizon Incorporated, Scott Eliason, Catherine Whinnery, Murray Young joining 63 MOTION for Extension of Time to File Response/ReplyMOTION for Preliminary Injunction Defendants Corizon Inc., Scott Eliasen, Murray Young, and Catherine Whinnery’s Joinder in IDOC Defendants’ Motion for Extension of Time to Respond to Plaintiff’s Motion for Preliminary Injunction and Request for Status Conference. (Eaton, Dylan) |
| 06/06/2018 | 65 | MEMORANDUM in Opposition re 63 MOTION for Extension of Time to File Response/Reply MOTION for Preliminary Injunction filed by Adree Edmo. Replies due by 6/20/2018.(Rifkin, Lori) |
| 06/07/2018 | 66 | MEMORANDUM DECISION AND ORDER – IT IS ORDERED: 1. Defendants First Motion for Dispositive Relief (Dkt. 39 ) is GRANTED IN PART and DENIED IN PART. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) |
| 06/08/2018 | 67 | DOCKET ENTRY NOTICE OF HEARING: A Telephonic Status Conference is set for 6/12/2018 at 11:30 AM (Mountain Time) before Judge B. Lynn Winmill. The call in information is as follows: dial in number 1-877-336-1828, access code 4685496, and security code 9466. (jlb) |
| 06/08/2018 | 68 | REPLY to Response to Motion re 63 MOTION for Extension of Time to File Response/Reply MOTION for Preliminary Injunction, 62 MOTION for Preliminary Injunction filed by Henry Atencio, Richard Craig, Idaho Department of Corrections, Rona Siegert, Howard Keith Yordy, Jeff Zumda. (Attachments: # 1 Declaration of Brady Hall, # 2 Declaration of Krina Stewart)(Hall, Brady) Modified on 10/9/2018 to reflect Attachment #2 under seal by Order Dkt. 129 (cjs). |
| 06/12/2018 | 69 | Minute Entry for proceedings held before Judge B. Lynn Winmill: Telephonic Status Conference held on 6/12/2018. (ESR J. Bracke.) Audio File Location Boise – Courtroom 3. (jlb) |
| 06/12/2018 | 70 | DOCKET ENTRY ORDER granting in part and denying in part 63 Motion for Extension of Time to File Response. The parties shall meet and confer, and provide the Court with a stipulation of deadlines for discovery and briefing on the pending motion for preliminary injunction consistent with the Court’s statements at the status conference on June 12, 2018, and in preparation for the October 10-12 evidentiary hearing. The stipulation shall be filed on or before June 15, 2018. Signed by B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (js) |
| 06/15/2018 | 71 | DOCKET ENTRY NOTICE OF HEARING regarding 62 MOTION for Preliminary Injunction: A 3-day Evidentiary Hearing is scheduled to begin on 10/10/2018 at 8:30 AM in Boise – Courtroom 3 before Judge B. Lynn Winmill. (jlb) |
| 06/15/2018 | 72 | STIPULATION regarding Discovery and Briefing Schedule by Henry Atencio, Richard Craig, Idaho Department of Corrections, Rona Siegert, Howard Keith Yordy, Jeff Zumda. (Crecelius, Marisa) |
| 07/03/2018 | 73 | SCHEDULING ORDER approving 72 Stipulation. Fact Discovery due by 8/31/2018. If the Defendants wish to file a brief with the Court in response to Plaintiffs 62 Motion for Preliminary Injunction, then Defendants shall file their response(s) on or before September 14, 2018. If the Plaintiff elects to file a reply brief, the reply shall be filed on or before September 28, 2018. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) |
| 07/03/2018 | Reset Deadlines as to 62 MOTION for Preliminary Injunction. Responses due by 9/14/2018. Replies due by 9/28/2018. Pursuant to Order Dkt. 73 . (cjs) | |
| 07/12/2018 | 74 | MOTION for Discovery for Leave to Depose Inmate Adree Edmo Marisa Swank Crecelius appearing for Defendants Henry Atencio, Richard Craig, Rona Siegert, Howard Keith Yordy, Jeff Zumda, Idaho Department of Correction. Responses due by 8/2/2018 (Crecelius, Marisa) |
| 07/12/2018 | 75 | RESPONSE to Motion re 74 MOTION for Discovery for Leave to Depose Inmate Adree Edmo filed by Corizon Incorporated, Scott Eliason, Catherine Whinnery, Murray Young. Replies due by 7/26/2018.(Eaton, Dylan) |
| 07/17/2018 | 76 | DOCKET ENTRY ORDER granting 74 MOTION FOR LEAVE TO DEPOSE INMATE ADREE EDMO. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (js) |
| 07/17/2018 | 77 | DOCKET ENTRY ORDER denying as moot 48 Motion for Extension of Time. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (js) |
| 07/24/2018 | 78 | MOTION for Discovery for Rule 35 Examination Marisa Swank Crecelius appearing for Defendants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda. Responses due by 8/14/2018 (Attachments: # 1 Affidavit Declaration of Dr. Andrade)(Crecelius, Marisa) |
| 07/25/2018 | 79 | STIPULATION for Entry of Order Allowing Rule 35 Examination by Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda. (Hall, Brady) |
| 07/26/2018 | 80 | DOCKET ENTRY ORDER deeming moot 78 Motion for Discovery. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (js) |
| 07/26/2018 | 81 | MOTION to Seal Document Ex. B to the Declaration of Lori Rifkin iso Motion to Strike and for Protective Order Lori E Rifkin appearing for Plaintiff Adree Edmo. Responses due by 8/16/2018 (Attachments: # 1 Memorandum in Support of Motion to Seal Ex. B, # 2 Proposed Order)(Rifkin, Lori) |
| 07/26/2018 | 82 | Sealed Document Re: 81 MOTION to Seal Document Ex. B to the Declaration of Lori Rifkin in support of 83 Motion to Strike and for Protective Order . (Rifkin, Lori) Modified on 7/27/2018 to edit text & create link (cjs). Modified on 9/10/2018 to reflect under Seal by Order Dkt. 96 (cjs). |
| 07/26/2018 | 83 | MOTION to Strike Decl. of Krina L. Stewart and for Protective Order Lori E Rifkin appearing for Plaintiff Adree Edmo. Responses due by 8/16/2018 (Attachments: # 1Memorandum in Support, # 2 Declaration of Lori Rifkin, # 3 Exhibit A-C, # 4Proposed Order)(Rifkin, Lori) |
| 07/26/2018 | 84 | ORDER FOR RULE 35 EXAMINATION OF PLAINTIFF re 79 Stipulation. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) (Entered: 07/27/2018) |
| 07/27/2018 | CORRECTIVE ENTRY – The entry document number 81 MOTION to Seal Document Ex. B to the Declaration of Lori Rifkin iso Motion to Strike and for Protective Order filed by Adree Edmo in regards to the proposed order, was filed incorrectly in this case. Pursuant to the ECF Procedures, section 12B, all proposed orders are to be submitted by email to the appropriate Judges proposed order email box. The filing party shall re-submit their proposed order.(cjs) | |
| 07/27/2018 | CORRECTIVE ENTRY – The entry document number 83 MOTION to Strike Decl. of Krina L. Stewart and for Protective Order filed by Adree Edmo in regards to the proposed order, was filed incorrectly in this case. Pursuant to the ECF Procedures, section 12B, all proposed orders are to be submitted by email to the appropriate Judges proposed order email box. The filing party shall re-submit their proposed order.(cjs) | |
| 07/27/2018 | 85 | CERTIFICATE OF SERVICE by Adree Edmo re 82 Sealed Document (Rifkin, Lori) |
| 07/31/2018 | 86 | RESPONSE to Motion re 83 MOTION to Strike Decl. of Krina L. Stewart and for Protective Order filed by Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda. Replies due by 8/14/2018. (Attachments: # 1 Declaration of Marisa S. Crecelius, # 2 Exhibit A, # 3 Exhibit B, # 4Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L)(Crecelius, Marisa) Modified on 8/1/2018 (cjs). |
| 08/03/2018 | 87 | MOTION for Protective Order Stipulated Marisa Swank Crecelius appearing for Defendants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda. Responses due by 8/24/2018 (Crecelius, Marisa) |
| 08/06/2018 | 88 | PROTECTIVE ORDER granting 87 Stipulated Motion for Entry of Protective Order. Signed by Judge B. Lynn Winmill. (Attachments: # 1 Appendix A – Acknowledgement and Assent)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) |
| 08/06/2018 | 89 | Emergency MOTION for Rule 35 Examination Dylan Alexander Eaton appearing for Defendants Corizon Incorporated, Catherine Whinnery, Murray Young. Responses due by 8/27/2018 (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Dylan A. Eaton)(Eaton, Dylan) |
| 08/06/2018 | 90 | Emergency MOTION to Shorten Time re 89 Emergency MOTION for Rule 35 Examination Dylan Alexander Eaton appearing for Defendants Corizon Incorporated, Catherine Whinnery, Murray Young. Responses due by 8/27/2018 (Attachments: # 1Memorandum in Support)(Eaton, Dylan) |
| 08/08/2018 | 91 | RESPONSE to Motion re 89 Emergency MOTION for Rule 35 Examination filed by Adree Edmo. Replies due by 8/22/2018. (Attachments: # 1 Declaration of Shaleen Shanbhag and Exhibit in Support)(Shanbhag, Shaleen) |
| 08/08/2018 | 92 | REPLY to Response to Motion re 83 MOTION to Strike Decl. of Krina L. Stewart and for Protective Order filed by Adree Edmo.(Shanbhag, Shaleen) |
| 08/09/2018 | 93 | ORDER granting 89 Motion for Rule 35 Examination. The Court rejects plaintiff’s attempt to limit the examination. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm) |
| 08/23/2018 | 94 | STIPULATION for Protective Order by Corizon Incorporated, Scott Eliason, Catherine Whinnery, Murray Young. (Eaton, Dylan) |
| 08/24/2018 | 95 | ORDER ADOPTING STIPULATION FOR PROTECTIVE ORDER re 94 Stipulation. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) |
| 09/10/2018 | 96 | DOCKET ENTRY ORDER granting 81 Motion to Seal Document. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (js) |
| 09/10/2018 | 97 | DOCKET ENTRY ORDER denying as moot without prejudice 83 Motion to Strike. The parties have resolved the bulk of the issues raised in the motion, and they are in the process of trying to resolve the final issue through the Court’s informal mediation process. If the final issue is not informally resolved, the Court may allow supplemental briefs addressing only that remaining issue. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (js) |
| 09/10/2018 | 98 | MOTION for Transport Order Craig Durham appearing for Plaintiff Adree Edmo. Responses due by 10/1/2018 (Durham, Craig) |
| 09/14/2018 | 99 | RESPONSE to Motion re 62 MOTION for Preliminary Injunction filed by Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda. Replies due by 9/28/2018. (Attachments: # 1 Second Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Declaration, # 7Declaration, # 8 Declaration, # 9 Declaration Exs B & C to #8, # 10 Declaration Exs D & E to #8, # 11 Declaration Ex F to #8, # 12 Declaration, # 13 Declaration Ex 5, part 1 to #12, # 14 Declaration Ex 5, part 2 to #12, # 15 Declaration Ex 5, part 3 to #12, # 16Declaration Ex 5, part 4 to #12, # 17 Declaration Ex 6 to #12)(Hall, Brady) Modified on 9/18/2018 to refer to Errata Dkt. 101 for all Attachments (cjs). |
| 09/14/2018 | 100 | RESPONSE to Motion re 62 MOTION for Preliminary Injunction filed by Corizon Incorporated, Scott Eliason, Catherine Whinnery, Murray Young. Replies due by 9/28/2018. (Attachments: # 1 Affidavit of Dylan A. Eaton, # 2 Exhibit A to Declaration of Dylan A. Eaton)(Eaton, Dylan) |
| 09/17/2018 | 101 | ERRATA by Defendants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda re 99 Response to Motion,,, . (Attachments: # 1 Second Decl. Krina Stewart, # 2 Decl. Siegert, # 3 Decl. Watson, # 4 Decl. Campbell, # 5 Decl. Cummings, # 6 Decl. Jones, # 7 Decl. Clark, # 8 Decl. Crecelius & Ex. A, # 9 Decl. Crecelius Ex. B & C, # 10 Decl. Crecelius Ex. D & E, # 11 Decl. Crecelius Exh. F, # 12 Decl. Yordy & Ex 1-4, # 13 Decl. Yordy Ex 5 pt 1, # 14 Decl. Yordy Ex 5 pt 2, # 15 Decl. Yordy Ex 5 pt 3, # 16 Decl. Yordy Ex 5 pt 4, # 17 Decl. Yordy Ex 6)(Hall, Brady) |
| 09/21/2018 | 102 | STIPULATION to Seal the Declaration of Krina L. Stewart (Dkt. 68-2) by Adree Edmo. (Rifkin, Lori) |
| 09/21/2018 | 103 | ORDER TO TRANSPORT. IT IS ORDERED that the Idaho Department of Correction shall take appropriate steps to transport inmate Mason Dean (Adree) Edmo to the James A. McClure Federal Building and United States Courthouse, 550 W Fort Street, Boise, Idaho, 83724, on October 10, 11, and 12, 2018, and continuing thereafter until the business for the Court is concluded. Court begins at 8:30 a.m. each day, and the Idaho Department of Correction shall ensure Edmo 7:30 a.m., approximately one hour before court commences. IT IS FURTHER ORDERED that the Idaho Department of Correction shall provide Edmo with a sack lunch each day, any medications Edmo is taking, and access to her legal files. (Notice sent to USMS). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) (Entered: 09/24/2018) |
| 09/24/2018 | 104 | AMENDED ORDER TO TRANSPORT re 103 Order to Transport – IDOC to take appropriate measures to transport Mason Dean (Adree) Edmo, #94691 to Courtroom #3 in Boise on October 10, 11, 12, 2018 beginning at 8:30 a.m. IT IS FURTHER ORDERED that the Court amends its earlier Order to require that the Marshal Service and IDOC work together to ensure Edmo is at the courthouse and ready for all hearings. The requirement that Edmo be at the courthouse at 7:30 a.m. is withdrawn, but the Marshal Service and IDOC should take steps necessary to have Edmo at the courthouse withsufficient time to be prepared for the hearings. IT IS FURTHER ORDERED that the Idaho Department of Correction shall provide Edmo with a sack lunch each day, any medications Edmo is taking, and access to her legal files.(Notice sent to USMS) Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) |
| 09/24/2018 | 105 | DOCKET ENTRY NOTICE OF HEARING: A Telephonic Status Conference is set for 9/27/2018 at 2:30 PM before Judge B. Lynn Winmill, to discuss procedures for the upcoming evidentiary hearing. The call in information is as follows: Dial in number 1-877-336-1828, access code 4685496, and security code 9466.(jlb) |
| 09/24/2018 | 106 | MOTION for Leave to File Excess Pages / Consolidated Reply Brief Shaleen Shanbhag appearing for Plaintiff Adree Edmo. Responses due by 10/15/2018 (Shanbhag, Shaleen) |
| 09/26/2018 | 107 | DOCKET ENTRY ORDER granting 106 Motion for Leave to File Excess Pages. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (js) |
| 09/27/2018 | 108 | STIPULATION to Extend the Expert Deposition Deadline from September 28, 2018 to October 2, 2018 by Adree Edmo. (Rifkin, Lori) |
| 09/28/2018 | 109 | MOTION FOR PRO HAC VICE APPEARANCE by Alexander Chen. ( Filing fee $ 250 receipt number 0976-1792081.)Craig Durham appearing for Plaintiff Adree Edmo. Responses due by 10/19/2018 (Durham, Craig) |
| 09/28/2018 | 110 | ORDER – Final Witness Lists due by 10/3/2018. Final Exhibit Lists due by 10/5/2018. A final transcript of the hearing will be provided to counsel on or before 10/19/2018. Proposed findings of fact and conclusions of law due by 10/26/2018. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) |
| 09/28/2018 | 111 | REPLY to Response to Motion re 62 MOTION for Preliminary Injunction filed by Adree Edmo. (Attachments: # 1 Declaration of Lori Rifkin, # 2 Exhibits 1-10, # 3Exhibits 11-13, # 4 Exhibits 14-16, # 5 Deposition Excerpts)(Rifkin, Lori) |
| 09/28/2018 | 112 | MOTION to Seal Exhibit 12 to the Declaration of Lori Rifkin iso Plaintiff’s Reply to Motion for Preliminary Injunction Lori E Rifkin appearing for Plaintiff Adree Edmo. Responses due by 10/19/2018 (Attachments: # 1 Memorandum in Support)(Rifkin, Lori) |
| 09/28/2018 | 113 | Sealed Document Re: 112 MOTION to Seal Exhibit 12 to the Declaration of Lori Rifkin iso Plaintiff’s Reply to Motion for Preliminary Injunction . (Rifkin, Lori) Modified on 10/9/2018 to reflect under seal by Order Dkt. 129 (cjs). |
| 09/28/2018 | 114 | CERTIFICATE OF SERVICE by Adree Edmo re 113 Sealed Document Exhibit 12 to the Declaration of Lori Rifkin iso Plaintiff’s Reply to Motion for Preliminary Injunction (Rifkin, Lori) |
| 10/03/2018 | 115 | NOTICE by Adree Edmo of Plaintiff’s Final Witness List re Evidentiary Hearing(Rifkin, Lori) |
| 10/03/2018 | 116 | Witness List (sealed) by Corizon Incorporated, Catherine Whinnery, Murray Young. (Eaton, Dylan) |
| 10/03/2018 | 117 | Witness List (sealed) by Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda. (Crecelius, Marisa) |
| 10/05/2018 | 118 | DOCKET ENTRY ORDER approving 109 Motion for Pro Hac Vice Appearance of attorney Alexander Chen for Adree Edmo. Per General Order 206, 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 (cjs) |
| 10/05/2018 | 119 | MOTION to Seal Dylan Alexander Eaton appearing for Defendants Corizon Incorporated, Catherine Whinnery, Murray Young. Responses due by 10/26/2018 (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Dylan A. Eaton, # 3Affidavit of Joseph M. Pastor, M.D., # 4 Exhibit A to Declaration of Joseph M. Pastor, M.D.)(Eaton, Dylan) Modified on 10/9/2018 to reflect sealed per attorney request by km on 10/8/2018 (cjs). |
| 10/05/2018 | 120 | Joint MOTION to Seal Document 88 Protective Order, Marisa Swank Crecelius appearing for Defendants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda. Responses due by 10/26/2018 (Attachments: # 1 Memorandum in Support)(Crecelius, Marisa) |
| 10/05/2018 | 121 | Sealed Document Re: 62 MOTION for Preliminary Injunction , 88 Protective Order, 120 Joint MOTION to Seal Document 88 Protective Order, . (Attachments: # 1 Exhibit Part 2 of Document, # 2 Exhibit Part 3 of Document)(Crecelius, Marisa) Modified on 10/9/2018 to reflect under seal by Order Dkt. 129 (cjs). |
| 10/05/2018 | 122 | MEMORANDUM in Opposition re 119 MOTION to Seal filed by Adree Edmo. Replies due by 10/19/2018.(Rifkin, Lori) |
| 10/05/2018 | 123 | Exhibit List (JOINT) by Adree Edmo.. (Rifkin, Lori) |
| 10/05/2018 | 124 | Exhibit List (Plaintiff) by Adree Edmo.. (Rifkin, Lori) |
| 10/05/2018 | 125 | Exhibit List Defendants’ Joint Exhibit List by Henry Atencio, Corizon Incorporated, Richard Craig, Idaho Department of Correction, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, Murray Young, Jeff Zumda.. (Hall, Brady) |
| 10/08/2018 | 126 | Exhibit List Amended (Plaintiff) by Adree Edmo.. (Rifkin, Lori) |
| 10/08/2018 | 127 | Exhibit List Amended (JOINT) by Adree Edmo.. (Rifkin, Lori) |
| 10/08/2018 | 128 | Exhibit List Amended by Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda.. (Crecelius, Marisa) |
| 10/09/2018 | 129 | MEMORANDUM DECISION AND ORDER – IT IS ORDERED: 1. Stipulation to Seal Declaration of Krina L. Stewart (Dkt. 102 ) is GRANTED. 2. Motion to Seal Ex 12 (Dkt. 112 ) & Motion to Seal Clinical Pathway: Gender Dysphoria Document (Dkt. 119) are GRANTED. 3. Motion to Seal Confidential PSI Documents (Dkt. 120 ) is GRANTED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) |
| 10/09/2018 | 130 | STIPULATION Governing Evidentiary Hearing Testimony and Exhibits by Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda. (Hall, Brady) |
| 10/10/2018 | 131 | Minute Entry for proceedings held before Judge B. Lynn Winmill: Motion Hearing held on 10/10/2018 re 62 MOTION for Preliminary Injunction. The Motion Hearing is scheduled to continue on 10/11/2018 at 8:30 AM in Boise – Courtroom 3 before Judge B. Lynn Winmill. (Court Reporter Tammy Hohenleitner.) (jlb) |
| 10/11/2018 | 132 | Minute Entry for proceedings held before Judge B. Lynn Winmill: Motion Hearing held on 10/11/2018 re 62 MOTION for Preliminary Injunction (Day 2). The Motion Hearing shall resume on 10/12/2018 at 8:30 AM in Boise – Courtroom 3 before Judge B. Lynn Winmill. (Court Reporter Tammy Hohenleitner.) (jlb) |
| 10/12/2018 | 133 | Minute Entry for proceedings held before Judge B. Lynn Winmill: Motion Hearing (Day 3) held on 10/12/2018 re 62 MOTION for Preliminary Injunction filed by Adree Edmo. (Court Reporter Tammy Hohenleitner.) (jlb) (Entered: 10/15/2018) |
| 10/12/2018 | 134 | JOINT AMENDED Exhibit List (Admitted)] by Henry Atencio, Corizon Incorporated, Richard Craig, Adree Edmo, Idaho Department of Correction, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, Murray Young, Jeff Zumda.. (cjs) (Entered: 10/15/2018) |
| 10/12/2018 | 135 | AMENDED Exhibit List (Admitted) by Adree Edmo. (cjs) (Entered: 10/15/2018) |
| 10/12/2018 | 136 | AMENDED Exhibit List (Admitted) by Henry Atencio, Corizon Incorporated, Idaho Department of Correction, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, Murray Young, Jeff Zumda. (cjs) (Entered: 10/15/2018) |
| 10/19/2018 | 137 | Transcript of Proceedings held on 10/10/18 (Evidentiary Hearing Day 1) before Judge B. Lynn Winmill. Court Reporter/Transcriber Tamara I. Hohenleitner, Email tammy_hohenleitner@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber 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. Redaction Request due 11/9/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/17/2019. (jp) |
| 10/19/2018 | 138 | Transcript of Proceedings held on 10/11/18 (Evidentiary Hearing Day 2) before Judge B. Lynn Winmill. Court Reporter/Transcriber Tamara I. Hohenleitner, Email tammy_hohenleitner@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber 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. Redaction Request due 11/9/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/17/2019. (jp) |
| 10/19/2018 | 139 | Transcript of Proceedings held on 10/12/18 (Evidentiary Hearing Day 3) before Judge B. Lynn Winmill. Court Reporter/Transcriber Tamara I. Hohenleitner, Email tammy_hohenleitner@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber 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. Redaction Request due 11/9/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/17/2019. (jp) |
| 10/19/2018 | 140 | Notice of Filing of Official Transcript (jp) |
| 10/26/2018 | 141 | SUPPLEMENT by Plaintiff Adree Edmo – Submission of Impeachment or Contradictory Evidence for the Second Declaration of Krina Stewart. (Attachments: # 1 Deposition Excerpts & Exhibits)(Rifkin, Lori) |
| 10/26/2018 | 142 | SUPPLEMENT by Plaintiff Adree Edmo – Submission of Impeachment or Contradictory Evidence for the Declaration of Keith Yordy. (Attachments: # 1Deposition Excerpts & Exhibits)(Rifkin, Lori) |
| 10/26/2018 | 143 | TRIAL BRIEF Plaintiff’s Post-Hearing Brief by Adree Edmo. (Rifkin, Lori) |
| 10/26/2018 | 144 | Proposed Findings of Fact by Adree Edmo. (Shanbhag, Shaleen) |
| 10/26/2018 | 145 | TRIAL BRIEF IDOC Defendants’ Written Closing Statement by Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda. (Hall, Brady) |
| 10/26/2018 | 146 | Proposed Findings of Fact by Henry Atencio, Corizon Incorporated, Richard Craig, Idaho Department of Correction, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, Murray Young, Jeff Zumda. (Crecelius, Marisa) |
| 10/26/2018 | 147 | SUPPLEMENT by Defendants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda re 141 Supplement, 142Supplement IDOC Defendants’ Response to Plaintiff’s Submission of Deposition Testimony. (Crecelius, Marisa) |
| 10/26/2018 | 148 | TRIAL BRIEF Closing Statement in Opposition to Plaintiff’s Motion for Preliminary Injunctive Relief by Corizon Incorporated, Catherine Whinnery, Murray Young. (Eaton, Dylan) |
| 12/13/2018 | 149 | FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER – IT IS ORDERED: 1. Plaintiffs Motion for Preliminary Injunction (Dkt. 62 ) is GRANTED IN PART. Defendants are ordered to provide Plaintiff with adequate medical care, including gender confirmation surgery. Defendants shall take all actions reasonably necessary to provide Ms. Edmo gender confirmation surgery as promptly as possible and no later than six months from the date of this order. However, given IDOCs implementation of an updated gender dysphoria policy on October 5, 2018 that appears to provide Plaintiffs requested injunctive relief related to accessing gender-appropriate underwear, clothing, and commissary items, the Court will not address that relief at this time. This is without prejudice to the plaintiffs right to raise the issue in the future, should IDOC revoke the new policy or if the implementation of the policy results in ongoing violations. 2. The Courts Deputy, Jamie Bracke, is directed to set a telephonic status conference in this case no later than two weeks after this decision issues. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) |
| 12/19/2018 | 150 | DOCKET ENTRY NOTICE OF HEARING: A Telephonic Status Conference is set for 12/21/2018 at 10:00 AM (Mountain Time) before Judge B. Lynn Winmill. A call in number will be provided by the Court to counsel. (jlb) |
| 12/19/2018 | 151 | Sealed Document (Letter) Re 149 . (cjs) |
| 12/19/2018 | 152 | Sealed Document (Letter) Re 149 . (Attachments: # 1 Envelope)(cjs) |
| 01/02/2019 | 153 | LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE – Case Management deadline set for 1/15/2019 for the joint litigation plan, joint discovery plan, and status reports. Telephonic Scheduling Conference set for 1/22/2019 03:00 PM in Boise Chambers before Judge B. Lynn Winmill. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) (Entered: 01/03/2019) |
| 01/09/2019 | 154 | NOTICE OF APPEAL by Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda. Filing fee $ 505, receipt number 0976-1831924. (Notice sent to Court Reporter & 9th Cir) (Attachments: # 1Representation Statement)(Hall, Brady)(19-35017) |
| 01/09/2019 | 155 | NOTICE OF APPEAL as to 149 Order on Motion for Preliminary Injunction,,,, by Corizon Incorporated, Scott Eliason, Catherine Whinnery, Murray Young. Filing fee $ 505, receipt number 0976-1831994. (Notice sent to Court Reporter & 9th Cir) (Attachments: # 1 Service Information Sheet Representation Statement)(Eaton, Dylan)(19-35019) |
| 01/09/2019 | 156 | Joint MOTION to Stay re 149 Order on Motion for Preliminary Injunction,,,, Dylan Alexander Eaton appearing for Defendants Corizon Incorporated, Catherine Whinnery, Murray Young. Responses due by 1/30/2019 (Attachments: # 1 Memorandum in Support)(Eaton, Dylan) |
| 01/10/2019 | 163 | USCA Case Number 19-35017 for 154 Notice of Appeal, filed by Rona Siegert, Richard Craig, Howard Keith Yordy, Henry Atencio, Jeff Zumda, Idaho Department of Correction. (cjs) (Entered: 01/22/2019) |
| 01/10/2019 | 164 | USCA Case Number 19-35019 for 155 Notice of Appeal, filed by Corizon Incorporated, Murray Young, Scott Eliason, Catherine Whinnery. (cjs) (Entered: 01/22/2019) |
| 01/10/2019 | 165 | ORDER of USCA as to 154 Notice of Appeal, filed by Rona Siegert, Richard Craig, Howard Keith Yordy, Henry Atencio, Jeff Zumda, Idaho Department of Correction. Briefing set. (cjs) (Entered: 01/22/2019) |
| 01/15/2019 | 157 | STATUS REPORT of All Defendants by Corizon Incorporated, Catherine Whinnery, Murray Young. (Eaton, Dylan) |
| 01/15/2019 | 158 | SCHEDULING CONFERENCE FORM – LITIGATION PLAN by Adree Edmo. (Shanbhag, Shaleen) |
| 01/15/2019 | 159 | DISCOVERY PLAN by Adree Edmo re 153 Litigation Order, . (Shanbhag, Shaleen) |
| 01/16/2019 | 160 | TRANSCRIPT REQUEST by Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda for proceedings held on 10/10/2018, 10/11/2018, 10/12/2018 before Judge B. Lynn Winmill, (Notice sent by e-mail to Court Reporter) (Hall, Brady) |
| 01/16/2019 | 161 | TRANSCRIPT REQUEST by Corizon Incorporated, Scott Eliason, Catherine Whinnery, Murray Young for proceedings held on 10/10/2018, 10/11/2018, 10/12/18 before Judge B. Lynn Winmill, (Notice sent by e-mail to Court Reporter) (Eaton, Dylan) |
| 01/18/2019 | 162 | AMENDED DOCKET ENTRY NOTICE OF HEARING: Due to the Court’s calendar, the Telephonic Scheduling Conference set for 1/22/2019 is RESCHEDULED for 1/30/2019 at 3:30 PM (mountain time) before Judge B. Lynn Winmill. The call in information is as follows: dial in number 1-877-336-1828, access code 4685496, and security code 9466. (jlb) |
| 01/18/2019 | 166 | Transcript filed for dates of 6/12/2018 (Telephonic Status Conference) before Judge B. Lynn Winmill, re 154 Notice of Appeal, 155 Notice of Appeal, Court Reporter/Transcriber Tamara Hohenleitner, Email tammy_hohenleitner@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/8/2019. Redacted Transcript Deadline set for 2/19/2019. Release of Transcript Restriction set for 4/18/2019. (cjs) (Entered: 01/22/2019) |
| 01/22/2019 | 167 | Notice of Filing of Official Transcript (cjs) |
| 01/30/2019 | 168 | MEMORANDUM in Opposition re 156 Joint MOTION to Stay re 149 Order on Motion for Preliminary Injunction,,,, filed by Adree Edmo. Replies due by 2/13/2019.(Shanbhag, Shaleen) |
| 01/30/2019 | 169 | Minute Entry for proceedings held before Judge B. Lynn Winmill: Telephonic Scheduling Conference was held on 1/30/2019. A Telephonic Status Conference is set for 3/5/2019 at 4:00 PM (Mountain Time) before Judge B. Lynn Winmill. (Court Reporter Tammy Hohenleitner.) (jlb) (Entered: 01/31/2019) |
| 01/31/2019 | 170 | DOCKET ENTRY NOTICE OF HEARING – A Telephonic Status Conference is set for 3/5/2019 at 4:00 PM (Mountain Time) before Judge B. Lynn Winmill. The call in information is as follows: dial in number 1-877-336-1828, access code 4685496, and security code 9466. (jlb) |
| 01/31/2019 | 171 | SCHEDULING ORDER (Standard) – Amended Pleadings/Joinder of Parties due by 1/31/2019. Defendants shall provide Answers to the Third AmendedComplaint on or before 3/15/2019. Completion of Discovery due by 8/15/2019. Dispositive Motions due by 1/31/2020. The parties have chosen to participate in a judicially supervised settlement conference. ADR must be held by within one month after the United States Court of Appeals for the Ninth Circuit issues an opinion on this Courts decision to grant a preliminary injunction. Within 7 days of this Order, the parties are directed to contact the ADR Administrator, so that she may assign a settlement conference judge and schedule a date for the settlement conference. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) |
| 01/31/2019 | 172 | AMENDED COMPLAINT (Third) and Exhibits A & B in Support against All Defendants, filed by Adree Edmo.(Rifkin, Lori) |
| 02/01/2019 | 173 | NOTICE of Appearance by Bryce C Jensen on behalf of Corizon Incorporated, Scott Eliason, Catherine Whinnery, Murray Young (Jensen, Bryce) |
| 02/13/2019 | 174 | REPLY to Response to Motion re 156 Joint MOTION to Stay re 149 Order on Motion for Preliminary Injunction,,,, filed by Corizon Incorporated, Scott Eliason, Catherine Whinnery, Murray Young.Motion Ripe Deadline set for 2/14/2019.(Eaton, Dylan) |
| 03/04/2019 | 175 | MEMORANDUM DECISION AND ORDER – IT IS ORDERED: 1. Defendants Joint Motion to Stay Order [Dkt. 149 ] Pending Appeal (Dkt. 156 ) is DENIED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) |
| 03/05/2019 | CORRECTIVE ENTRY – The entry docket number 172 Amended Complaint filed by Adree Edmo was filed incorrectly in this case. Please remember that exhibits should be separate attachments and not combined with the main document. No action is needed by the filing party at this time. (cjs) |
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| 03/05/2019 | 176 | Minute Entry for proceedings held before Judge B. Lynn Winmill: Telephonic Status Conference held on 3/5/2019. A Joint Status Report is due by 3/19/2019. The next Telephonic Status Conference is set for 3/21/2019 at 10:00 AM (Mountain Time) before Judge B. Lynn Winmill. The call in information is as follows: dial in number 1-877-336-1828, access code 4685496, and security code 9466. (ESR Jamie Bracke.) Audio File Location CDA – District Courtroom. (jlb)THESE MINUTES SHALL STAND AS THE ORDER OF THE COURT (Entered: 03/06/2019) |
| 03/15/2019 | 177 | ANSWER to 172 Amended Complaint by Corizon Incorporated, Scott Eliason, Catherine Whinnery, Murray Young.(Eaton, Dylan) |
| 03/15/2019 | 178 | ANSWER to 172 Amended Complaint by Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda.(Hall, Brady) |
| 03/19/2019 | 179 | STATUS REPORT by Henry Atencio, Corizon Incorporated, Richard Craig, Scott Eliason, Idaho Department of Correction, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, Murray Young, Jeff Zumda. (Attachments: # 1 Exhibit, # 2 Exhibit)(Hall, Brady) |
| 03/19/2019 | 180 | STATUS REPORT by Plaintiff by Adree Edmo. (Rifkin, Lori) |
| 03/20/2019 | 182 | ORDER of USCA as to 154 Notice of Appeal, filed by Rona Siegert, Richard Craig, Howard Keith Yordy, Henry Atencio, Jeff Zumda, Idaho Department of Correction, 155 Notice of Appeal, filed by Corizon Incorporated, Murray Young, Scott Eliason, Catherine Whinnery. (jp) (Entered: 03/22/2019) |
| 03/21/2019 | 181 | Minute Entry for proceedings held before Judge B. Lynn Winmill: Telephonic Status Conference held on 3/21/2019. (Court Reporter Tammy Hohenleitner.) (jlb) |
| 03/26/201 | 183 | Transcript of Telephonic Status Conference held on 3/21/19 before Judge B. Lynn Winmill. Court Reporter/Transcriber Tamara I. Hohenleitner, Email tammy_hohenleitner@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber 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. Redaction Request due 4/16/2019. Redacted Transcript Deadline set for 4/26/2019. Release of Transcript Restriction set for 6/24/2019. (th) |
| 03/26/201 | 184 | Notice of Filing of Official Transcript (th) |
| 03/28/2019 | 185 | MOTION for Indicative Ruling Under F.R.C.P. 62.1 & 60(a) and Request for Expedited Consideration Under LR 6.1 Lori E Rifkin appearing for Plaintiff Adree Edmo. Responses due by 4/18/2019 (Attachments: # 1 Memorandum in Support)(Rifkin, Lori) |
| 03/29/2019 | 186 | DOCKET ENTRY ORDER: The Court is in receipt of Plaintiff’s expedited motion for indicative ruling (Dkt. 185). Good cause appearing, pursuant to District of Idaho Local Civil Rule 6.1, the Court hereby ORDERS expedited briefing on this issue. Defendants will file their response no later than April 3, 2019. Plaintiff will file her reply no later than April 5, 2019. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jc) |
| 03/29/2019 | 187 | ORDER of USCA as to 154 Notice of Appeal, filed by Rona Siegert, Richard Craig, Howard Keith Yordy, Henry Atencio, Jeff Zumda, Idaho Department of Correction, 155 Notice of Appeal, filed by Corizon Incorporated, Murray Young, Scott Eliason, Catherine Whinnery (cjs) (Entered: 04/01/2019) |
| 04/03/2019 | 188 | RESPONSE to Motion re 185 MOTION for Indicative Ruling Under F.R.C.P. 62.1 & 60(a) and Request for Expedited Consideration Under LR 6.1 filed by Henry Atencio, Corizon Incorporated, Richard Craig, Scott Eliason, Idaho Department of Correction, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, Murray Young, Jeff Zumda. Replies due by 4/17/2019.(Hall, Brady) |
| 04/04/2019 | 189 | DOCKET ENTRY NOTICE OF HEARING: A Telephonic Status Conference is set for 4/8/2019 at 4:00 PM (mountain time) before Judge B. Lynn Winmill. The call in information is as follows: dial in number 1-877-336-1828, access code 4685496, and security code 9466. (jlb) |
| 04/05/2019 | 190 | REPLY to Response to Motion re 185 MOTION for Indicative Ruling Under F.R.C.P. 62.1 & 60(a) and Request for Expedited Consideration Under LR 6.1 filed by Adree Edmo.Motion Ripe Deadline set for 4/8/2019.(Rifkin, Lori) |
| 04/07/2019 | 191 | AMENDED DOCKET ENTRY NOTICE OF HEARING: A Telephonic Status Conference and Telephonic Motion Hearing regarding 185 MOTION for Indicative Ruling Under F.R.C.P. 62.1 & 60(a), is set for 4/9/2019 at 2:00 PM (Mountain Time) before Judge B. Lynn Winmill. The call in information is as follows: dial in number 1-877-336-1828, access code 4685496, and security code 9466. The Telephonic Status Conference previously set for 4/8/2019 is vacated. (jlb) |
| 04/09/2019 | 192 | Minute Entry for proceedings held before Judge B. Lynn Winmill: Telephonic Status Conference and Telephonic Motion Hearing held on 4/9/2019 re 185 MOTION for Indicative Ruling Under F.R.C.P. 62.1 & 60(a) filed by Adree Edmo. An Order is forthcoming. (Court Reporter Tammy Hohenleitner.) (jlb) |
| 04/09/2019 | 193 | MEMORANDUM DECISION AND ORDER – IT IS HEREBY ORDERED: 1. Plaintiffs Motion for Indicative Ruling Under Federal Rules of Civil Procedure 62.1 and 60(a) (Dkt. 185 ) is DENIED as unnecessary. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) |
| 05/15/2019 | 194 | ORDER of USCA as to 154 Notice of Appeal & 155 Notice of Appeal. (jp) (Entered: 05/17/2019) |
| 05/30/2019 | 195 | ORDER of USCA as to 154 Notice of Appeal & 155 Notice of Appeal. REMANDED. (jp) (Entered: 05/31/2019) |
| 05/31/2019 | 196 | ORDER It is hereby ORDERED: The preliminary mandatory relief set forth in the Court’s decision at Docket No. 149 is RENEWED. The Court clarifies that as part of its ruling on the motion for preliminary injunction, it also granted permanent injunctive relief. The Court further clarifies that it concluded, and expressly incorporated into its final decision, that Plaintiff succeeded on the merits of her Eighth Amendment claim for permanent injunctive relief. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp) |
| 06/03/2019 | 197 | Transcript of Proceedings held on 1/30/19 before Judge B. Lynn Winmill. Court Reporter/Transcriber Tamara I. Hohenleitner, Email tammy_hohenleitner@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber 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. Redaction Request due 6/24/2019. Redacted Transcript Deadline set for 7/5/2019. Release of Transcript Restriction set for 9/3/2019. (th) |
| 06/03/2019 | 198 | Notice of Filing of Official Transcript of Status Conference held 1/30/19. (th) |
| 06/03/2019 | 199 | Transcript of Proceedings held on 4/9/19 before Judge B. Lynn Winmill. Court Reporter/Transcriber Tamara I. Hohenleitner, Email tammy_hohenleitner@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber 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. Redaction Request due 6/24/2019. Redacted Transcript Deadline set for 7/5/2019. Release of Transcript Restriction set for 9/3/2019. (th) |
| 06/03/2019 | 200 | Notice of Filing of Official Transcript of Status Conference held 4/9/19. (th) |
| 06/03/2019 | 201 | Transcript of Proceedings held on 3/5/19 before Judge B. Lynn Winmill. Court Reporter/Transcriber Tamara I. Hohenleitner, Email tammy_hohenleitner@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber 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. Redaction Request due 6/24/2019. Redacted Transcript Deadline set for 7/5/2019. Release of Transcript Restriction set for 9/3/2019. (th) |
| 06/03/2019 | 202 | Notice of Filing of Official Transcript of Status Conference held 3/5/19 (th) |
| 06/28/2019 | 203 | NOTICE OF APPEAL (19-35552) as to 196 Order,, by Corizon Incorporated, Scott Eliason, Catherine Whinnery, Murray Young. Filing fee $ 505, receipt number 0976-1906873. (Notice sent to Court Reporter & 9th Cir) (Attachments: # 1 Supplement Representation Statement)(Eaton, Dylan) Modified on 7/3/2019 to add 9CCA case no. (jd). |
| 07/01/2019 | 204 | USCA Case Number 19-35552 for 203 Notice of Appeal, filed by Corizon Incorporated, Murray Young, Scott Eliason, Catherine Whinnery. (Attachments: # 1Mediation program)(jd) (Entered: 07/03/2019) |
| 07/05/2019 | 205 | NOTICE of Change of Address by Lori E Rifkin (Rifkin, Lori) |
| 07/09/2019 | 206 | ORDER of USCA (19-35017 and 19-35019) as to 154 and 155 Notice of Appeal. Defendant-Appellants Joint Motion to Supplement the Record on Appeal (Dkt. 92) is GRANTED IN PART AND DENIED IN PART. Plaintiff-Appellees Request to Strike and Impose Sanctions (Dkt. 93) is DENIED. (jd) (Entered: 07/10/2019) |
| 07/17/2019 | 207 | STIPULATION and Request to Stay Discovery Pending Decision from the Ninth Circuit Court of Appeals by Henry Atencio, Corizon Incorporated, Richard Craig, Scott Eliason, Idaho Department of Correction, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, Murray Young, Jeff Zumda. (Hall, Brady) |
| 07/19/2019 | 208 | ORDER APPROVING JOINT STIPULATION AND REQUEST TO STAY DISCOVERY PENDING DECISION FRO THE NINTH CIRCUIT COURT OF APPEALS. On July 17, 2019, the parties filed a Joint Stipulation and request to Stay Discovery Pending Decision from the Ninth Circuit Court of Appeals in case number 19-35017. (Dkt. 207.) In consideration thereof, and finding good cause therefor, the Court will approve the stipulation and request to stay discovery. After the Ninth Circuit issues a decision, the parties must meet and confer and attempt to resolve any remaining discovery disputes and then must contact the Court to request a new scheduling conference. IT IS SO ORDERED. Signed by Judge B. Lynn Winmill. (km) |
| 08/23/2019 | 209 | OPINION of USCA as to 154 Notice of Appeal, filed by Rona Siegert, Richard Craig, Howard Keith Yordy, Henry Atencio, Jeff Zumda, Idaho Department of Correction, 155 Notice of Appeal, filed by Corizon Incorporated, Murray Young, Scott Eliason, Catherine Whinnery (Attachments: # 1 Webcites) AFFIRMED IN PART, VACATED IN PART, AND REMANDED. (ckh) |
| 08/23/2019 | 210 | ORDER LIFTING STAY OF DISCOVERY re 208 Order Approving Joint Stipulation and Request to Stay Discovery Pending Decision from the Ninth Circuit Court of Appeals. (Telephonic Scheduling Conference set for 9/16/2019 11:00 AM in Telephonic Hearing – Boise Chambers before Judge B. Lynn Winmill.) Signed by Judge B. Lynn Winmill. (ckh) |
| 09/09/2019 | 211 | ORDER of USCA (19-35017) as to 154 Notice of Appeal, filed by Rona Siegert, Richard Craig, Howard Keith Yordy, Henry Atencio, Jeff Zumda, Idaho Department of Correction. Appellee Adree Edmo is ordered to file a response to Appellants’ Petition for Rehearing En Banc. The response must be filed no later than twenty-one (21) days from the date of this order. (ckh) (Entered: 09/10/2019) |
| 09/16/2019 | 212 | Minute Entry for proceedings held before Judge B. Lynn Winmill: Telephonic Scheduling Conference held on 9/16/2019. Defendants’ Motion to Stay shall be filed by 9/30/2019. Plaintiff’s response is due by 10/7/2019. A Joint Proposed Discovery Plan shall be filed by 9/20/2019. (ESR Jamie Bracke.) Audio File Location Boise – Courtroom 3. (jlb)THESE MINUTES SHALL STAND AS THE ORDER OF THE COURT |
| 09/20/2019 | 213 | DISCOVERY PLAN by Adree Edmo Joint Proposed Update to Discovery Plan. (Rifkin, Lori) |
| 09/30/2019 | 214 | Joint MOTION to Stay Brady James Hall appearing for Defendants Henry Atencio, Corizon Incorporated, Richard Craig, Scott Eliason, Idaho Department of Correction, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, Murray Young, Jeff Zumda. Responses due by 10/21/2019 (Attachments: # 1 Memorandum in Support)(Hall, Brady) |
| 10/03/2019 | 215 | MOTION for Extension of Time to File Response/Reply as to 214 Joint MOTION to Stay , 212 Scheduling Conference, Lori E Rifkin appearing for Plaintiff Adree Edmo. Responses due by 10/24/2019 (Rifkin, Lori) |
| 10/04/2019 | 216 | Amended MOTION for Extension of Time to File Response/Reply as to 214 Joint MOTION to Stay , 212 Scheduling Conference, Lori E Rifkin appearing for Plaintiff Adree Edmo. Responses due by 10/25/2019 (Rifkin, Lori) |
| 10/07/2019 | 217 | DOCKET ENTRY ORDER vacating 216 Motion for Extension of Time to File Response. Plaintiff must file a Response to Defendants’ Joint Motion to Stay on or before October 21, 2019, the date set forth in the docket at 214 . Signed by Judge B. Lynn Winmill. (ah) |
| 10/07/2019 | 218 | DOCKET ENTRY ORDER vacating 216 Motion for Extension of Time to File Response. Plaintiff must file a Response to Defendants’ Joint Motion to Stay on or before October 21, 2019, the date set forth in the docket at 214 . Signed by Judge B. Lynn Winmill. (ah) |
| 10/10/2019 | 220 | ORDER of USCA (19-35017) as to 154 Notice of Appeal, filed by Rona Siegert, Richard Craig, Howard Keith Yordy, Henry Atencio, Jeff Zumda, Idaho Department of Correction. This court’s stay of the district court’s December 13, 2018 order is partially lifted so that Plaintiff may receive all presurgical treatments and related corollary appointments or consultations necessary for gender confirmation surgery. (ckh) (Entered: 10/11/2019) |
| 10/11/2019 | 219 | STATUS REPORT & Request for Status Conference Following Partial Lifting of Stay of Dec. 13, 2018 Order by Adree Edmo. (Rifkin, Lori) |
| 10/15/2019 | 221 | DOCKET ENTRY NOTICE OF HEARING: A Telephonic Status Conference is set for 10/17/2019 at 9:30 AM before Judge B. Lynn Winmill. Counsel will receive the call in information by a separate email. (jlb) |
| 10/17/2019 | 222 | Minute Entry for proceedings held before Judge B. Lynn Winmill: Telephonic Status Conference held on 10/17/2019. The next Telephonic Status Conference is set for 10/30/2019 at 3:30 PM before Judge B. Lynn Winmill. The call-in information will be provided to counsel in a forthcoming email. (ESR Jamie Bracke.) Audio File Location Pocatello – District Courtroom. (jlb) |
| 10/21/2019 | 223 | RESPONSE to Motion re 214 Joint MOTION to Stay filed by Adree Edmo. Replies due by 11/4/2019. (Attachments: # 1 Affidavit Declaration of Lori Rifkin in Support of Plaintiff’s Response to Defendants’ Joint Motion to Stay)(Rifkin, Lori) |
| 10/22/2019 | 224 | MEMORANDUM/BRIEF filed by Adree Edmo Plaintiff’s Submission Re: Pre-Surgical Requirements. (Attachments: # 1 Affidavit Declaration of Lori Rifkin in Support of Plaintiff’s Submission Re Pre-surgical Requirements)(Rifkin, Lori) |
| 10/24/2019 | 225 | ORDER REQUIRING DEFENDANTS PROVIDE ALL PRE-SURGICAL TREATMENTS AND RELATED COROLLARY APPOINTMENTS OR CONSULTATIONS NECESSARY FOR GENDER CONFIRMATION SURGERY re 224 Plaintiff’s Submission Re: Pre-Surgical Requirements filed by Adree Edmo. The Court HEREBY ORDERS: Defendants must file a status report with the Court on or before November 1, 2019, detailing the steps they have taken or are taking to comply with this order. Defendants are instructed to file the status report under seal should it contain any sensitive information. Signed by Judge B. Lynn Winmill. (ckh) |
| 10/24/2019 | 226 | NOTICE by Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda of Withdrawal of Counsel of Marisa S. Crecelius (Hall, Brady) |
| 10/30/2019 | 230 | Minute Entry for proceedings held before Judge B. Lynn Winmill: Telephonic Status Conference held on 10/30/2019. Defendants shall file a written status report by November 22, 2019. (ESR Jamie Bracke.) Audio File Location Pocatello – District Courtroom. (jlb)THESE MINUTES SHALL STAND AS THE ORDER OF THE COURT (Entered: 11/01/2019) |
| 10/31/2019 | 227 | NOTICE OF APPEAL (19-35917) by Henry Atencio, Corizon Incorporated, Richard Craig, Scott Eliason, Idaho Department of Correction, Kevin Kempf, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, Murray Young, Jeff Zumda. Filing fee $ 505, receipt number 0976-1962681. (Notice sent to Court Reporter & 9th Cir) (Attachments: # 1 Representation Statement)(Hall, Brady) Modified on 11/5/2019 to add 9CCA case number (ckh). |
| 10/31/2019 | 228 | Expedited MOTION to Stay Brady James Hall appearing for Defendants Henry Atencio, Corizon Incorporated, Richard Craig, Scott Eliason, Idaho Department of Correction, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, Murray Young, Jeff Zumda. Responses due by 11/21/2019 (Attachments: # 1 Memorandum in Support, # 2 Declaration Dawson)(Hall, Brady) |
| 10/31/2019 | 229 | MOTION to Expedite Briefing Schedule Brady James Hall appearing for Defendants Henry Atencio, Corizon Incorporated, Richard Craig, Scott Eliason, Idaho Department of Correction, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, Murray Young, Jeff Zumda. Responses due by 11/21/2019 (Hall, Brady) |
| 11/01/2019 | 231 | DOCKET ENTRY ORDER: In consideration of Defendants’ Motion to Expedite Briefing 299 as to Defendants’ Expedited Motion to Stay 288 , and finding good cause therefor, the Court hereby grants the motion. Plaintiff must file a response of no more than 15 pages on or before November 5, 2019 at 12 p.m. M.S.T. The Court will issue an order on the Expedited Motion to Stay as expeditiously as possible after Plaintiff’s response is filed with the Court. Signed by Judge B. Lynn Winmill. (ah) |
| 11/01/2019 | 232 | STATUS REPORT by Henry Atencio, Corizon Incorporated, Richard Craig, Scott Eliason, Idaho Department of Correction, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, Murray Young, Jeff Zumda. (Eaton, Dylan) |
| 11/01/2019 | 233 | Sealed Document Re: 232 Status Report . (Eaton, Dylan) |
| 11/01/2019 | Set/Reset Deadlines as to 228 Expedited MOTION to Stay . Per Docket Entry Order 231 , response due by 11/5/19 at 12 pm MST (jp) (Entered: 11/04/2019) | |
| 11/01/2019 | 237 | USCA Case Number 19-35917 for 227 Notice of Appeal, filed by Rona Siegert, Howard Keith Yordy, Catherine Whinnery, Henry Atencio, Jeff Zumda, Idaho Department of Correction, Corizon Incorporated, Murray Young, Kevin Kempf, Scott Eliason, and Richard Craig. (ckh) (Entered: 11/05/2019) |
| 11/04/2019 | 234 | REPLY to Response to Motion re 214 Joint MOTION to Stay filed by Henry Atencio, Corizon Incorporated, Richard Craig, Scott Eliason, Idaho Department of Correction, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, Murray Young, Jeff Zumda.Motion Ripe Deadline set for 11/5/2019.(Eaton, Dylan) |
| 11/05/2019 | 235 | MEMORANDUM in Opposition re 228 Expedited MOTION to Stay filed by Adree Edmo. (Shanbhag, Shaleen) Modified on 11/6/2019 to remove reply deadline, as no replies will be permitted by Judge Winmill (ckh). |
| 11/05/2019 | 236 | MOTION to Strike 228 Expedited MOTION to Stay Portions of the Declaration of April Dawson, M.D. Shaleen Shanbhag appearing for Plaintiff Adree Edmo. Responses due by 11/6/2019 at 2 pm (Shanbhag, Shaleen). Modified on 11/6/2019 to indicate new response deadline (ckh). |
| 11/06/2019 | Set/Reset Deadlines as to 236 MOTION to Strike 228 Expedited MOTION to Stay Portions of the Declaration of April Dawson, M.D. Responses due by 11/6/2019 at 2 pm. (ckh) | |
| 11/06/2019 | 238 | RESPONSE to Motion re 236 MOTION to Strike 228 Expedited MOTION to Stay Portions of the Declaration of April Dawson, M.D. filed by Henry Atencio, Corizon Incorporated, Richard Craig, Scott Eliason, Idaho Department of Correction, Kevin Kempf, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, Murray Young, Jeff Zumda. Replies due by 11/20/2019.(Eaton, Dylan) |
| 11/06/2019 | 239 | DOCKET ENTRY ORDER: In consideration of Defendants’ Expedited Motion to Stay 228 , and to provide the Court adequate time to carefully and fully consider the motion, the Court hereby vacates the November 8, 2019 deadline [see 225] for Defendants to provide Plaintiff the first hair removal treatment, to be reset by subsequent order. Signed by Judge B. Lynn Winmill. (ah) |
| 11/07/2019 | 240 | USCA Scheduling Order (19-35917) as to 227 Notice of Appeal, filed by Rona Siegert, Howard Keith Yordy, Catherine Whinnery, Henry Atencio, Jeff Zumda, Idaho Department of Correction, Corizon Incorporated, Murray Young, Kevin Kempf, Scott Eliason, and Richard Craig. (Notice sent by e-mail to Court Reporter) (ckh) |
| 11/07/2019 | 241 | TRANSCRIPT REQUEST by Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda for proceedings held on 10/17/2019 before Judge Winmill.. (Hall, Brady) |
| 11/07/2019 | 242 | TRANSCRIPT REQUEST by Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda for proceedings held on 10/31/2019 before Judge Winmill.. (Hall, Brady) |
| 11/08/2019 | 243 | Amended TRANSCRIPT REQUEST by Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda for proceedings held on 10/30/2019 before Judge Winmill.. (Hall, Brady) Modified on 11/8/2019 to indicate amended (ckh). |
| 11/08/2019 | 244 | ORDER DENYING DEFENDANTS’ EXPEDITED MOTION TO STAY re 228 Expedited Motion to Stay. IT IS ORDERED that Defendants’ Expedited Motion to Stay (Dkt. 228 ) is DENIED. The deadline for scheduling and completion of the first hair removal appointment will remain vacated pending the Court’s decision following the hearing described above. Defendants may file a motion requesting that the Court consider alternative means of remedying their established violation of the Plaintiff’s Eighth Amendment rights. Such a motion must be filed by November 15, 2019. Plaintiffs shall respond with any briefs, affidavits, or other evidentiary materials they wish to submit by November 20, 2019. A hearing on Defendants’ motion will be conducted on November 21, 2019, at 9:00 a.m. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh) |
| 11/09/2019 | 245 | Transcript filed, Telephonic Status Conference, 10/30/19 re 227 Notice of Appeal, Court Transcriber Katherine Eismann, Email katherine_eismann@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the court transcriber or PACER. Redaction Request due 12/2/2019. Redacted Transcript Deadline set for 12/10/2019. Release of Transcript Restriction set for 2/7/2020. (ke) |
| 11/09/2019 | 246 | Notice of Filing of Official Transcript, Telephonic Status Conference, 10/30/19. (ke) |
| 11/09/2019 | 247 | Transcript of Telephonic Status Conference filed for dates of October 17, 2019 before Judge B. Lynn Winmill, re 227 Notice of Appeal, Court Transcriber Katherine Eismann, Email katherine_eismann@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court RTranscriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the court transcriber or PACER. Redaction Request due 12/2/2019. Redacted Transcript Deadline set for 12/10/2019. Release of Transcript Restriction set for 2/7/2020. (ke) |
| 11/09/2019 | 248 | Notice of Filing of Official Transcript, 10/17/19 Telephonic Status Conference. (ke) |
| 11/12/2019 | 249 | MOTION for Reconsideration re 244 Order on Motion to Stay,,, Lori E Rifkin appearing for Plaintiff Adree Edmo. Responses due by 12/3/2019 (Rifkin, Lori) |
| 11/13/2019 | 250 | RESPONSE re 244 Order on Motion to Stay,,, filed by Henry Atencio, Corizon Incorporated, Richard Craig, Scott Eliason, Idaho Department of Correction, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, Murray Young, Jeff Zumda Objection to Order. (Attachments: # 1 Affidavit of Geoffrey D. Stiller, # 2 Exhibit A to Second Declaration of Geoffrey D. Stiller)(Eaton, Dylan) |
| 11/14/2019 | 251 | ORDER denying 249 Motion for Reconsideration. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp) |
| 11/16/2019 | 252 | MEMORANDUM/BRIEF filed by Henry Atencio, Corizon Incorporated, Richard Craig, Scott Eliason, Idaho Department of Correction, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, Murray Young, Jeff Zumda in Connection with Evidentiary Hearing of November 21, 2019. (West, J) |
| 11/20/2019 | 253 | MEMORANDUM/BRIEF re 244 Order on Motion to Stay,,, 251 Order on Motion for Reconsideration filed by Adree Edmo RE HEARING ON SURGICAL TECHNIQUE AND PRESURGICAL TREATMENT. (Attachments: # 1 Affidavit Declaration of Ryan Nicholas Gorton, M.D., # 2 Affidavit Declaration of Loren Schechter, M.D., # 3 Affidavit Declaration of Adree Edmo)(Rifkin, Lori) |
| 11/21/2019 | 254 | Minute Entry for proceedings held before Judge B. Lynn Winmill: In Person Hearing held on 11/21/2019. The Court reinstated its previous Order dated October 24, 2019 (Dkt. 225) and indicated Ms. Edmo must receive her first laser hair removal treatment on or before November 26, 2016. (Court Reporter Tammy Hohenleitner.) (jlb)THESE MINUTES SHALL STAND AS THE ORDER OF THE COURT |
| 11/21/2019 | 255 | DOCKET ENTRY ORDER vacating as MOOT Plaintiff’s Motion to Strike 236 . Signed by Judge B. Lynn Winmill. (ah) |
| 11/22/2019 | 256 | Sealed Document Re: 230 Status Conference, Defendants’ Joint Status Report. (Eaton, Dylan) |
| 12/04/2019 | 258 | BILL OF COSTS Pursuant to FRAP 39(e) by Adree Edmo. Taxation of Costs due by 12/18/2019 (Shanbhag, Shaleen) |
| 12/05/2019 | 259 | Notice of Filing of Official Transcript of Proceedings held on 11/21/19 before Judge B. Lynn Winmill. Court Reporter/Transcriber Tamara I. Hohenleitner, Email tammy_hohenleitner@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber 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. Redaction Request due 12/26/2019. Redacted Transcript Deadline set for 1/6/2020. Release of Transcript Restriction set for 3/4/2020. (th) |
| 12/12/2019 | 260 | MANDATE of USCA 19-35917 as to 227 Notice of Appeal, filed by Rona Siegert, Howard Keith Yordy, Catherine Whinnery, Henry Atencio, Jeff Zumda, Idaho Department of Correction, Corizon Incorporated, Murray Young, Kevin Kempf, Scott Eliason, Richard Craig. (jd) (Entered: 12/16/2019) |
| 12/23/2019 | 261 | BILL OF COSTS by Adree Edmo. Taxation of Costs due by 1/6/2020 (Shanbhag, Shaleen) |
| 02/10/2020 | 262 | DOCKET ENTRY NOTICE OF HEARING: A Telephonic Status Conference is set for 2/21/2020 at 11:30 AM (Mountain Time) before Judge B. Lynn Winmill. The call in information is as follows: dial in number 1-877-336-1828, access code 4685496, and security code 9455.(jlb) |
| 02/10/2020 | 263 | ORDER of USCA (19-35017) as to 154 Notice of Appeal filed by Rona Siegert, Richard Craig, Howard Keith Yordy, Henry Atencio, Jeff Zumda, and Idaho Department of Correction. The petition for rehearing en banc is DENIED. (Attachments: # 1 Ninth Circuit Cited Materials) (ckh) (Entered: 02/11/2020) |
| 02/11/2020 | 264 | ORDER DENYING DEFENDANTS’ JOINT MOTION TO STAY re 214 Motion to Stay. Pending before the Court is a joint motion to stay filed by Defendants Corizon Inc., Scott Eliason, Murray Young, and Catherine Whinnery. Dkt. 214 . The Court will dismiss the motion as moot. As is possible, the parties should meet and confer in advance of the February 21, 2020 conference to revisit the proposed timeline, reach agreement on remaining discovery topics, and discuss any other pertinent case-management issues. IT IS SO ORDERED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh) |
| 02/11/2020 | NOTICE TO COURT that counsel Alexander Chen wishes to no longer be noticed electronically on this case as of the date of this notice. (Whelan, Amy) | |
| 02/19/2020 | 265 | ORDER of USCA (19-35017) as to 154 Notice of Appeal, filed by Rona Siegert, Richard Craig, Howard Keith Yordy, Henry Atencio, Jeff Zumda, Idaho Department of Correction. Appellants’ motion to stay the mandate pending filing of petition for writ of certiorari, (No. 19-35017, Dkt. 106; No. 19-35019, Dkt. 108), is denied. (ckh) |
| 02/19/2020 | 266 | MANDATE of USCA (19-35017) as to 154 Notice of Appeal, filed by Rona Siegert, Richard Craig, Howard Keith Yordy, Henry Atencio, Jeff Zumda, Idaho Department of Correction. The judgment of this Court, entered August 23, 2019, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. Costs are taxed against the appellants in the amount of $292.90. (ckh) |
| 02/20/2020 | 267 | ORDER of USCA (19-35017) as to 154 Notice of Appeal, filed by Rona Siegert, Richard Craig, Howard Keith Yordy, Henry Atencio, Jeff Zumda, and Idaho Department of Correction. Appellee’s motion to transfer consideration of attorneys’ fees on appeal to the district court, (No. 19-35017, Dkt. 107; No. 19-35019, Dkt. 109), is granted. (ckh) (Entered: 02/21/2020) |
| 02/21/2020 | 268 | Minute Entry for proceedings held before Judge B. Lynn Winmill: Telephonic Status Conference held on 2/21/2020. (Status Report due by 2/28/2020.) (Court Reporter: Tammy Hohenleitner.) (st)THESE MINUTES SHALL STAND AS THE ORDER OF THE COURT (Main Document 268 replaced on 2/27/2020 to indicate the correct hearing date in the minutes) (st). |
| 02/26/2020 | 269 | Notice of Filing of Official Transcript of Proceedings held on 2/21/20 before Judge B. Lynn Winmill. Court Reporter/Transcriber Tamara I. Hohenleitner, Email tammy_hohenleitner@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber 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. Redaction Request due 3/18/2020. Redacted Transcript Deadline set for 3/30/2020. Release of Transcript Restriction set for 5/26/2020. (th) |
| 02/28/2020 | 270 | STIPULATION and Joint Motion Re: Motion for Attorneys’ Fees & Costs by Adree Edmo. (Rifkin, Lori) |
| 03/02/2020 | 271 | Sealed Document Re: 268 Status Conference,, Set Deadlines/Hearings, Defendants’ Joint Status Report. (Hall, Brady) |
| 03/02/2020 | 272 | MOTION to Stay Brady James Hall appearing for Defendants Henry Atencio, Corizon Incorporated, Richard Craig, Scott Eliason, Idaho Department of Correction, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, Murray Young, Jeff Zumda. Responses due by 3/23/2020 (Attachments: # 1 Memorandum in Support, # 2 Declaration of Dylan Eaton, # 3 Exhibit Exhibit A to Declaration of Dylan Eaton)(Hall, Brady) |
| 03/05/2020 | 273 | DOCKET ENTRY ORDER: In consideration of the Motion to Stay 272 , and to further the just, speedy, and inexpensive determination of this matter, the Court hereby expedites the response deadline. Plaintiff must file any response to the Motion to Stay on or before March 11, 2020. Signed by Judge B. Lynn Winmill. (ah) |
| 03/05/2020 | Set/Reset Deadlines as to 272 MOTION to Stay . Responses due by 3/11/2020 per docket 273. (ckh) | |
| 03/11/2020 | 274 | RESPONSE to Motion re 272 MOTION to Stay filed by Adree Edmo. Replies due by 3/25/2020.(Rifkin, Lori) |
| 03/25/2020 | 275 | REPLY to Response to Motion re 272 MOTION to Stay filed by Corizon Incorporated, Richard Craig, Scott Eliason, Kevin Kempf, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, Murray Young.Motion Ripe Deadline set for 3/26/2020.(Eaton, Dylan) |
| 04/06/2020 | 276 | Sealed Document. (Hall, Brady) |
| 04/17/2020 | 277 | ORDER GRANTING DEFENDANTS’ JOINT MOTION TO STAY re 272 Motion to Stay. IT IS ORDERED THAT Defendants’ Motion to Stay (Dkt. 272 ) is GRANTED. Defendants must preserve all relevant evidence, including electronically stored information subject to routine document retention removal practices, during the duration of this case. Defendants must continue to provide Plaintiff with presurgical treatment consistent with the Court’s October 2019 presurgical order. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh) |
| 05/13/2020 | 278 | Letter from Supreme Court of the United States. (ckh) |
| 05/21/2020 | 279 | Letter from Supreme Court of the United States. (ckh) (Entered: 05/26/2020) |
| 05/26/2020 | 280 | STATUS REPORT & Request for Status Conference re Compliance with Order to Provide Surgery by Adree Edmo. (Rifkin, Lori) |
| 06/01/2020 | 281 | DOCKET ENTRY NOTICE OF HEARING: A Status Conference is set for 6/3/2020 at 4:00 PM before Judge B. Lynn Winmill. (jlb) |
| 06/02/2020 | 282 | DOCKET ENTRY NOTICE OF HEARING: The Court will hold a Video Status Conference on 6/3/2020 at 4:00 PM (Mountain Time) before Judge B. Lynn Winmill. The Parties will be provided a link to connect to video separately. The public may listen to the hearing by phone using the following information: 1-669-254-5252; Meeting ID: 160 130 7422; Password: 246421. Members of the public are reminded to mute their phones and that recording the proceedings is prohibited. (jlb) |
| 06/03/2020 | 283 | Minute Entry for proceedings held before Judge B. Lynn Winmill: Video Status Conference held on 6/3/2020. (Court Reporter Tammy Hohenleitner.) (jlb) (Entered: 06/04/2020) |
| 06/15/2020 | 284 | Notice of Filing of Official Transcript filed for dates of 6/3/20 before Judge B. Lynn Winmill, re 283 Status Conference. Court Reporter/Transcriber Tamara I. Hohenleitner, Email tammy_hohenleitner@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/6/2020. Redacted Transcript Deadline set for 7/16/2020. Release of Transcript Restriction set for 9/14/2020. (th) |
| 06/29/2020 | 286 | CERTIFICATE OF SERVICE by Adree Edmo re 285 Ex Parte Document (Rifkin, Lori) |
| 06/29/2020 | 287 | RESPONSE re 286 Certificate of Service filed by Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda . (Hall, Brady) |
| 06/30/2020 | 288 | DOCKET ENTRY NOTICE OF HEARING: A Telephonic Status Conference is set for 7/1/2020 at 9:00 AM (Mountain Time) before Judge B. Lynn Winmill. The call in information is as follows: dial in number 1-877-336-1828 and access code 4685496. (jlb) |
| 06/30/2020 | 289 | JOINDER by Defendants Corizon Incorporated, Scott Eliason, Catherine Whinnery, Murray Young joining 287 Response(generic) . (Eaton, Dylan) |
| 07/01/2020 | 290 | ORDER REQUIRING DEFENDANTS TO PROVIDE IMMEDIATE COVID-19 TESTING AND TRANSPORT OF PLAINTIFF. The Court hereby orders as follows: Defendants must immediately test Plaintiff for COVID-19 and take any efforts necessary to expedite the receipt of her test results. If Plaintiff’s COVID-19 test result is negative for the presence of the virus, Defendants must arrange for the timely transport of Plaintiff to a facility that will enable her to receive gender confirmation surgery as ordered by this Court and as previously scheduled by Defendants. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh) |
| 07/01/2020 | 291 | Minute Entry for proceedings held before Judge B. Lynn Winmill: Telephonic Status Conference held on 7/1/2020. The Court ordered immediate COVID-19 testing (see Order 290). (Court Reporter/ESR Tammy Hohenleitner.) (jlb) |
| 07/02/2020 | 292 | NOTICE by Henry Atencio, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda re 290 Order,, NOTICE OF COMPLIANCE WITH ORDER (Hall, Brady) |
| 08/19/2020 | 293 | ORDER of USCA (19-35552) as to 203 Notice of Appeal, filed by Corizon Incorporated, Murray Young, Scott Eliason, Catherine Whinnery. This appeal is therefore DISMISSED AS MOOT. This order constitutes the mandate of this court. (ckh) (Entered: 08/20/2020) |
| 10/13/2020 | 294 | Letter (19-35017) from Supreme Court of the United States. The petition for a writ of certiorari is denied. (ckh) (Entered: 10/14/2020) |
| 12/02/2020 | 295 | MOTION for Relief to Lift Stay Lori E Rifkin appearing for Plaintiff Adree Edmo. Responses due by 12/23/2020 (Rifkin, Lori) |
| 12/04/2020 | 296 | DOCKET ENTRY NOTICE OF HEARING: A Telephonic Status Conference is set for 12/15/2020 at 10:30 AM (Mountain Time) before Judge B. Lynn Winmill. The parties are instructed to call the Court’s conference line at 1-877-336-1828 and enter access code 4685496 at the time of the hearing. (jlg) |
| 12/15/2020 | 297 | Minute Entry for proceedings held before Judge B. Lynn Winmill: Telephonic Status Conference held on 12/15/2020. Joint Litigation Plan due January 22, 2021. (Court Reporter/ESR Tammy Hohenleitner.) (jlg) (Entered: 12/16/2020) |
| 12/22/2020 | 298 | NOTICE of Substitution – Attorney Steven R Kraft for Henry Atencio,Steven R Kraft for Richard Craig,Steven R Kraft for Idaho Department of Correction,Steven R Kraft for Rona Siegert,Steven R Kraft for Howard Keith Yordy,Steven R Kraft for Jeff Zumda added. Attorney Brady James Hall terminated. Request to Turn Electronic Noticing OFF (no longer receive NEFs in this case only) by Attorney (Attachments: # 1 Exhibit A)(Kraft, Steven) |
| 12/31/2020 | 299 | ORDER. IT IS HEREBY ORDERED that Plaintiff’s Motion to Lift Stay (Dkt. 295 ) is GRANTED. The parties are directed to meet and confer with the goal of reaching astipulation on a discovery plan and schedule for the remainder of this litigation. The discovery plan and litigation plan shall be due on or beforeJanuary 22, 2021. The parties are directed to meet and confer to determine whether it would be prudent to schedule mediation prior to the next status conference.The Court will hold a telephonic status conference with the parties to discuss the discovery plan and litigation plan on February 1, 2021 at 1:30 pm. The parties are instructed to call the Courts conference line at 1-877-336-1828 and enter access code 4685496 at the time of the hearing. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt) (Entered: 01/04/2021) |
| 01/20/2021 | 300 | ORDER SETTING JUDICIAL SETTLEMENT CONFERENCE. IT IS HEREBY ORDERED that a judicially supervised settlement videoconference is set in this case for Tuesday, March 9, 2021, at 9:00 a.m. (PST) / 10:00 a.m. (MST) to be conducted virtually by Zoom , with logistical details to be provided to the parties in advance by the Court. The Honorable Richard C. Tallman, United States Circuit Judge for the Ninth Circuit, sitting by designation, will conduct the Settlement Conference and set up the Zoom call. Each party must prepare and submit to the Court on or before Friday, February 26, at 5:00 p.m. (MST), a candid summation of its assessment of the strengths and weaknesses of its case and the strengths and weaknesses of the opposing party’s case. The confidential summation must be submitted in camera as follows, and must not be filed on ECF: Judge Richard C. Tallman, By email to ADR@ID.uscourts.gov. Signed by Judge Richard C. Tallman. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt) (Entered: 01/22/2021) |
| 01/22/2021 | 301 | STIPULATION of Dismissal of Certain Claims by Adree Edmo. (Rifkin, Lori) |
| 01/22/2021 | 302 | SCHEDULING CONFERENCE FORM – LITIGATION PLAN by Adree Edmo. (Rifkin, Lori) |
| 01/22/2021 | 303 | DISCOVERY PLAN by Adree Edmo (Joint). (Rifkin, Lori) |
| 01/31/2021 | 304 | DOCKET ENTRY NOTICE OF HEARING: The Status Conference set for 2/1/2021 at 1:30 PM will be held by Video – Boise to Other location (Mountain Time) before Judge B. Lynn Winmill. Counsel received a video link via separate notification. Members of the public may use the following to attend this matter via Audio ONLY: 1-669-254-5252, Meeting ID: 160 600 7904, Meeting Password: 629010. 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) |
| 02/01/2021 | 308 | Docket Text Minute Entry for proceedings held before Judge B. Lynn Winmill: Video Status Conference was held on 2/1/2021. Appearances: Lori Rifkin, Amy Whelan, Shaleen Shanbhag, and Deborah Ferguson for the Plaintiff; Dylan Eaton for Corizon Defendants; and Steve Kraft for IDOC Defendants. Status of the case discussed. Time on the record: 1:35 – 1:41 p.m. (Court Reporter Tammy Hohenleitner.) (jlg) (Entered: 02/03/2021) |
| 02/02/2021 | 305 | ORDER RE: STIPULATION AND MOTION FOR ATTORNEYS’ FEES AND COSTS. The parties’ Joint Motion and Stipulation Regarding Motion for Attorneys Fees and Costs is GRANTED. Because the parties are still litigating this case, and in the interest of judicial economy, Plaintiff will not file a motion for attorneys fees and costs, including for work performed on any appeals, until the case has concluded. Defendants do not waive their rights to object to Plaintiff’s entitlement to fees and costs or the reasonableness of fees and costs to be awarded. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt) |
| 02/02/2021 | 306 | SCHEDULING ORDER TRACK: (Expedited). All dispositive motions, including motions for punitive damages, must be filed by August 31, 2021. ADR must be held by March 9, 2021. All fact discovery must be completed by April 30, 2021. The Court will conduct a telephonic interim status conference on March 16, 2021 at 10:00 a.m. The parties shall connect to the call using Conference Number 1-877-336-1828; Access Code 4685496. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt) |
| 02/02/2021 | 307 | ORDER RE: STIPULATION OF VOLUNTARY DISMISSAL OF CERTAIN CLAIMS. The parties’ Stipulation of Voluntary Dismissal of Certain Claims (Dkt. 301 ) pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) is GRANTED. Plaintiff’s Claim Nos. 3, 4, and 6, set forth in the Third Amended Complaint (Dkt. 172 ), are DISMISSED as to all Defendants. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt) |
| 03/09/2021 | 309 | Docket Text Minute Entry for proceedings held before Judge Richard C. Tallman: Video Settlement Conference held on 3/9/2021. The parties appeared in good faith, but settlement was not reached today. If the parties need further assistance regarding settlement on or before March 31, 2021, they shall contact the mediator for further assistance. Time in Court 5 hours and 45 minutes. Hearing Not Recorded. (st). |
| 03/19/2021 | 310 | Docket Text Minute Entry for proceedings held before Judge Richard C. Tallman: Video Settlement Conference held on 3/19/2021. After a second day of mediation, the Mediator entered on the record and under seal a stipulated partial settlement of the case. Time in Court: 6 hours and 10 minutes. (ESR: Sunny Trumbull.) SEALED Audio File saved via zoom. (st) |
| 09/23/2021 | 311 | STIPULATION of Dismissal of Medical Defendants and Claims by Corizon Incorporated, Scott Eliason, Catherine Whinnery, Murray Young. (Eaton, Dylan) |
| 10/12/2021 | 313 | ORDER GRANTING STIPULATION RE: DISMISSAL OF MEDICAL DEFENDANTS AND CLAIMS. The Parties Stipulation Re: Dismissal of Parties and Claims Dkt ( 311 ) is Granted in its entirety. Corizon, LLC is substituted for Defendant Corizon, Inc. in this case as the proper corporate party defendant. Defendants may file their response to Plaintiffs motion for fees and costs within 30 days after said motion is filed. Any reply brief may be filed within 21 days from when Defendants file their response to Plaintiffs motions for fees and costs. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm) (Entered: 10/18/2021) |
| 10/13/2021 | 312 | BILL OF COSTS by Adree Edmo. (Attachments: # 1 Itemization of Costs, # 2 Exhibit 1-17)(Shanbhag, Shaleen) |
| 10/18/2021 | 314 | *DISREGARD* DOCKET ENTRY ORDER: Good cause appearing, the Joint Motion and Stipulation to Extend Filing Deadlines (Dkt. 15 ) is GRANTED. Plaintiffs Reply in Support of Motion to Consolidate (Dkt. 6 ) is due on October 28, 2021; and Plaintiffs Opposition to Defendants Motion to Dismiss (Dkt. 12 ) is due November 4, 2021. Signed by Judge B Lynn Winmill. (aa) Modified on 10/18/2021 (alw). |
| 10/18/2021 | CORRECTIVE ENTRY – The entry docket number 314 Order, was filed incorrectly in this case. Please disregard.(alw) | |
| 10/21/2021 | 315 | MOTION for Attorney Fees and Expenses Through September 30, 2021 Amy Whelan appearing for Plaintiff Adree Edmo. Responses due by 11/12/2021 (Attachments: # 1 Memorandum in Support of Plaintiff’s Motion for Reasonable Attorneys’ Fees and Expenses, # 2 Affidavit of Lori Rifkin, # 3 Affidavit of Amy Whelan, # 4 Affidavit of Dan Stormer, # 5 Affidavit of Deborah Ferguson, # 6 Affidavit of Devi Rao, # 7 Affidavit of Kathleen Hartnett, # 8Affidavit of Howard Belodoff)(Whelan, Amy) |
| 11/04/2021 | Set/Reset Deadlines as to MOTION for Attorney Fees and Expenses Through September 30, 2021 (Dkt. 315 ). Per the stipulation (Dkt. 311 ) and order approving the stipulation (Dkt. 313 , the response is due by 11/22/2021 and the reply is due by 12/13/2021. Motion Ripe Deadline set for 12/14/2021. (aa) | |
| 11/04/2021 | 316 | DOCKET ENTRY ORDER: In accordance with the parties’ stipulation (Dkt. 311 ) and the Court’s Order Granting Stipulation (Dkt. 313 ), the Defendants’ response to the motion for fees and costs is due on November 22, 2021. Any reply brief may be filed within 21 days from when Defendants file their response to Plaintiff’s motion for fees and costs. Signed by Judge B Lynn Winmill. (aa) |
| 11/22/2021 | 317 | DECLARATION of Peter E. Thomas filed by Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy, Jeff Zumda . (Kraft, Steven) |
| 11/22/2021 | 318 | Joint MOTION for Leave to File Excess Pages Dylan Alexander Eaton appearing for Defendants Corizon LLC, Scott Eliason. Responses due by 12/13/2021 (Attachments: # 1 Memorandum in Support)(Eaton, Dylan) |
| 11/22/2021 | 319 | RESPONSE to Motion re 315 MOTION for Attorney Fees and Expenses Through September 30, 2021 Joint filed by Corizon LLC, Scott Eliason. Replies due by 12/6/2021. (Attachments: # 1 Affidavit of Dylan A. Eaton)(Eaton, Dylan) |
| 12/13/2021 | 320 | MOTION for Leave to File Excess Pages Amy Whelan appearing for Plaintiff Adree Edmo. Responses due by 1/3/2022 (Attachments: # 1 Memorandum in Support)(Whelan, Amy) |
| 12/13/2021 | 321 | REPLY to Response to Motion re 315 MOTION for Attorney Fees and Expenses Through September 30, 2021 filed by Adree Edmo.Motion Ripe Deadline set for 12/14/2021. (Attachments: # 1 Affidavit of Amy Whelan in Support of Same)(Whelan, Amy) |
| 12/15/2021 | 322 | DOCKET ENTRY ORDER granting 318 Motion for Leave to File Excess Pages; granting 320 Motion for Leave to File Excess Pages. Good cause appearing, the Defendants’ request to file an overlength response brief and Plaintiff’s request to exceed the page limit on the reply brief are GRANTED. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (aa) |
| 09/30/2022 | 323 | MEMORANDUM DECISION AND ORDER – Plaintiffs Motion for Attorney Fees and Expenses (Dkt. 315 ) is GRANTED in part and DENIED in part. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm) |
| 10/28/2022 | 324 | NOTICE OF APPEAL 22-35876 as to 323 Order on Motion for Attorney Fees, by Corizon LLC, Scott Eliason. Filing Fee Due. $ 505, receipt number CIDDC-2472693. (Notice sent to Court Reporter & 9th Cir) (Attachments: # 1 Service Information Sheet Representation Statement)(Eaton, Dylan) Modified on 11/3/2022 (lm). |
| 11/02/2022 | 325 | ABSTRACT ISSUED (ac) |
| 11/02/2022 | 326 | MOTION for Writ of Execution Lori E Rifkin appearing for Plaintiff Adree Edmo. Responses due by 11/23/2022 (Attachments: # 1 Affidavit Declaration in Support of Motion for Writ of Execution, # 2 Proposed Writ of Execution)(Rifkin, Lori) |
| 11/03/2022 | 327 | USCA Case Number 22-35876 for (Dkt. 324 ) Notice of Appeal, filed by Corizon LLC, Scott Eliason. (lm) |
| 11/03/2022 | 328 | USCA Scheduling Order 22-35876 as to 324 Notice of Appeal, filed by Corizon LLC, Scott Eliason. (Notice sent by e-mail to Court Reporter) (Attachments: # 1 USCA Guide, # 2 USCA Dkt Sheet)(lm) |
| 11/09/2022 | NOTICE TO COURT that counsel Julie Wilensky wishes to no longer be noticed electronically on this case as of the date of this notice. (Whelan, Amy) | |
| 11/09/2022 | 329 | NOTICE by Adree Edmo of Withdrawal of Julie Wilensky as Counsel (Whelan, Amy) |
| 11/22/2022 | 330 | WRIT of of Execution issued (km) |
| 11/23/2022 | 331 | Defendant’s Joint Objection re 325 Abstract Issued, 330 Writ Issued filed by Henry Atencio, Corizon LLC, Richard Craig, Scott Eliason, Idaho Department of Correction, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, Murray Young, Jeff Zumda . (Eaton, Dylan) Modified on 11/23/2022 to correct Dkt title (lm). |
| 11/23/2022 | 332 | Joint MOTION for Extension of Time to File Response/Reply as to 326 MOTION for Writ of Execution and Discovery Dylan Alexander Eaton appearing for Defendants Henry Atencio, Corizon LLC, Richard Craig, Scott Eliason, Idaho Department of Correction, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, Murray Young, Jeff Zumda. Responses due by 12/14/2022 (Eaton, Dylan) |
| 11/23/2022 | 333 | DECLARATION re 331 Response(generic), 332 Joint MOTION for Extension of Time to File Response/Reply as to 326 MOTION for Writ of Execution and Discovery filed by Henry Atencio, Corizon LLC, Richard Craig, Scott Eliason, Idaho Department of Correction, Rona Siegert, Catherine Whinnery, Howard Keith Yordy, Murray Young, Jeff Zumda Declaration of Dylan A. Eaton in Support of Defendants’ Joint Objections to Abstract of Judgment and Writ of Execution (Dkt. 331) and Joint Motion for Extension (Dkt. 332). (Attachments: # 1 Exhibit A – Dkt. 326 ECF Notice)(Eaton, Dylan) |
| 11/23/2022 | 334 | MEMORANDUM DECISION AND ORDER – Defendants Joint Motion for Extension of Time to File Response/Reply (Dkt. 332 ) is DENIED. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm) |
| 11/28/2022 | 335 | AMENDED ABSTRACT ISSUED (km) |
| 11/28/2022 | 336 | AMENDED WRIT of Execution issued. (km) |
| 11/30/2022 | 337 | MEMORANDUM DECISION AND ORDER – To the extent Defendants Joint Motion for Extension of Time to File Response/Reply (Dkt. 332 ) sought to stay execution of the judgment the motion is DENIED without prejudice. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm) |
| 12/02/2022 | 338 | MOTION to Stay Steven R Kraft appearing for Defendant Idaho Department of Correction. Responses due by 12/23/2022 (Attachments: # 1 Affidavit Declaration of Peter E. Thomas in Support of Motion to Stay Judgment, # 2 Memorandum in Support Memorandum in Support of Motion to Stay)(Kraft, Steven) |
| 12/05/2022 | 339 | DOCKET ENTRY ORDER: The Court hereby adopts an expedited briefing schedule for Defendants’ 338 MOTION to Stay filed by Idaho Department of Correction. Plaintiff’s Response shall be due 12/12/2022. Defendants’ Reply to Plaintiff’s Response shall be due 12/16/2022. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (mhw)) |
| 12/05/2022 | Set/Reset Deadlines as to 338 MOTION to Stay . Plaintiffs Responses due by 12/12/2022 Defendants Replies due by 12/16/2022. (lm) (Entered: 12/06/2022) | |
| 12/07/2022 | 340 | JOINDER by Defendants Corizon LLC, Scott Eliason joining 338 MOTION to Stay . (Eaton, Dylan) |
| 12/12/2022 | 341 | MEMORANDUM in Opposition re 338 MOTION to Stay filed by Adree Edmo. Replies due by 12/27/2022. (Attachments: # 1 Declaration in Support of Plaintiff’s Opposition & Exhibits A-I)(Rifkin, Lori) |
| 12/16/2022 | 342 | MOTION for Protective Order Steven R Kraft appearing for Defendant Idaho Department of Correction. Responses due by 1/6/2023 (Attachments: # 1 Memorandum in Support Memorandum in Support of Motion for Protective Order, # 2 Declaration of Peter E. Thomas in Support of Motion for Protective Order)(Kraft, Steven) |
| 12/16/2022 | 343 | Joint MOTION for Leave to File Excess Pages Dylan Alexander Eaton appearing for Defendants Corizon LLC, Scott Eliason. Responses due by 1/6/2023 (Attachments: # 1 Memorandum in Support)(Eaton, Dylan) |
| 12/16/2022 | 344 | REPLY to Response to Motion re 338 MOTION to Stay Joint filed by Corizon LLC, Scott Eliason.Motion Ripe Deadline set for 12/19/2022.(Eaton, Dylan) |
| 12/28/2022 | 345 | MEMORANDUM DECISION AND ORDER – Defendants Motion to Stay (Dkt. 338 ) is GRANTED in part and DENIED in part. Accordingly: Defendants request for an unbonded stay pending appeal is DENIED. Defendants request for an unbonded stay pending the conclusion of mediation is GRANTED. The attorneys fee award (Dkt. 323 ) and all proceedings to enforce it are temporarily STAYED as to all Defendants. IDOC Defendants Motion for Protective Order (Dkt. 342 ) is DENIED as MOOT. Defendants Joint Motion to Exceed Page Limit (Dkt. 343 ) is GRANTED. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm) |
| 01/26/2023 | 346 | MOTION for Extension of Time to File Response/Reply as to 345 Memorandum Decision,,, Order,, Steven R Kraft appearing for Defendants Idaho Department of Correction, Rona Siegert. Responses due by 2/16/2023 (Attachments: # 1 Memorandum in Support, # 2 Affidavit)(Kraft, Steven) |
| 01/30/2023 | 347 | MEMORANDUM in Opposition re 346 MOTION for Extension of Time to File Response/Reply as to 345 Memorandum Decision,,, Order,, filed by Adree Edmo. Replies due by 2/13/2023.(Rifkin, Lori) |
| 01/30/2023 | 348 | NOTICE of Application for Writ by Adree Edmo (Attachments: # 1 Declaration of Deborah A. Ferguson in Support of Plaintiff’s Notice & Application for Ex Parte Order & Mot to File Under Seal)(Rifkin, Lori) |
| 01/30/2023 | 349 | MOTION to Seal Document 348 Notice of Application for Writ Attachments A & B Lori E Rifkin appearing for Plaintiff Adree Edmo. Responses due by 2/21/2023 (Attachments: # 1 Memorandum in Support)(Rifkin, Lori) |
| 01/30/2023 | 350 | Sealed Document Re: 349 MOTION to Seal Document 348 Notice of Application for Writ Attachments A & B, 348 Notice of Application for Writ. (Attachments: # 1 Attachment B to Notice & Application For Writ)(Rifkin, Lori) |
| 02/01/2023 | 351 | DOCKET ENTRY ORDER: Defendants’ Reply to Plaintiff’s Response (Dkt. 347) shall be filed no later than noon on Friday, February 3, 2023. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (mhw) |
| 02/03/2023 | 352 | REPLY re 346 MOTION for Extension of Time to File Response/Reply as to 345 Memorandum Decision,,, Order,, filed by Idaho Department of Correction Reply ISO Motion for Extension. (Kraft, Steven) |
| 02/03/2023 | 353 | DECLARATION of Faith Cox in Support of Replu ISO Motion for Extension filed by Idaho Department of Correction . (Attachments: # 1 Exhibit Declaration of Faith Cox)(Kraft, Steven) |
| 02/06/2023 | 354 | NOTICE by Adree Edmo of Withdrawal of Shaleen Shanbhag as Counsel (Stormer, Dan) |
| 02/14/2023 | 355 | MOTION to Take Judicial Notice Lori E Rifkin appearing for Plaintiff Adree Edmo. Responses due by 3/7/2023 (Rifkin, Lori) |
| 02/21/2023 | 356 | NOTICE OF BANKRUPTCY FILING Upon the Record as to Corizon, LLC Suggestion of Bankruptcy and Notice of Automatic Stay by Corizon LLC (Attachments: # 1 Exhibit A)(Eaton, Dylan) |
| 02/21/2023 | 357 | MEMORANDUM/BRIEF filed by Adree Edmo Request for Judicial Notice of Defendant’s Outside Filings Threatening Plaintiff’s Judgment. (Attachments: # 1 Exhibit A-C to Request for Judicial Notice)(Rifkin, Lori) |
| 02/28/2023 | 358 | MEMORANDUM DECISION AND ORDER – IDOC Defendants Motion for Extension of Time (Dkt. 346 ) is GRANTED. Accordingly, the attorney fee award (Dkt. 323 ) and all proceedings to enforce it are STAYED as to the following defendants: the Idaho Department of Corrections; Henry Atencio; Jeff Zmuda; Howard Yordy; Al Ramirez; Richard Craig; and Rona Siegert. Upon the Ninth Circuits resolution of IDOC Defendants appeal of the attorney fee award (Dkt. 323 ), any party to this action may move the Court to lift this stay. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm) |
| 04/19/2023 | 359 | NOTICE by Corizon LLC, Scott Eliason of Withdrawal of Bryce C. Jensen as Counsel (Eaton, Dylan) |
| 04/26/2023 | 360 | MOTION to Withdraw as Attorney. by AttorneyDylan Alexander Eaton appearing for Defendant Corizon LLC. Responses due by 5/17/2023 (Attachments: # 1 Affidavit of Dylan A. Eaton)(Eaton, Dylan) |
| 04/26/2023 | 361 | NOTICE of Substitution – Attorney Bradley S Richardson,Robert R Gates for Scott Eliason added. Attorney Dylan Alexander Eaton and J Kevin West terminated. Request to Leave Noticing ON for this case by Attorney (Eaton, Dylan) |
| 04/28/2023 | 362 | NOTICE by Corizon LLC of Withdrawal of Counsel (Eaton, Dylan) |
| 04/28/2023 | NOTICE TO COURT that counsel Dylan Eaton wishes to no longer be noticed electronically on this case as of the date of this notice. (Eaton, Dylan) | |
| 05/08/2023 | 363 | ORDER of USCA 22-35876 – Appellate proceedings are stayed as to all parties, pending further proceedings in the bankruptcy court or until further order of this court. State Appellants motion, joined by appellant Scott Eliason (Docket Entry Nos. 19, 20) is denied as unnecessary. On or before June 9, 2023, Corizon Inc. and/or State Appellants must file a status report concerning the bankruptcy proceeding. The status report should include: the court and case number of the bankruptcy proceeding; whether any party to this appeal has sought relief from the automatic stay; and the protected termination date of the automatic stay, if known. Dylan A. Eaton, J. Kevin West, and Parsons Behle & Latimers motion to withdraw as retained counsel for appellant Corizon, Inc. (Docket Entry No. 26) is granted. Parsons Behle & Latimer must serve a copy of this order on appellant Corizon, Inc. and provide proof of service to the court within 7 days of this order. A corporation must be represented by counsel. See Highlander, Inc. v. Rothman (In re Highley), 459 F.2d 554, 555 (9th Cir. 1972). Within 28 days of this order, appellant Corizon, Inc.s new counsel must file a notice of appearance with the court.Case: 22-35876, 05/08/2023, ID: 12710517, DktEntry: 33, Page 2 of 2 as to 324 Notice of Appeal, filed by Corizon LLC, Scott Eliason (lm) |
| 06/02/2023 | 364 | ORDER RE: MOTION FOR LEAVE TO WITHDRAW AS COUNSEL OF RECORD – Parsons Behle & Latimer and all of its counsel of record (namely, Dylan Eaton and J. Kevin West) (hereinafter PBL Counsel) for Defendant Corizon, LLC are granted leave to Withdraw as Counsel of Record in this case subject to Dist. Idaho Loc. Civ. R. 83.6(c), and PBL Counsels Motion to Withdraw (Dkt. 360 ) is GRANTED. PBL Counsel must continue to represent their client in this case until proof of service of this withdrawal order on Defendant Corizon, LLC has been filed with the Court.. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm) |
| 06/02/2023 | 365 | CERTIFICATE of Counsel re 364 Order on Motion to Withdraw as Attorney,, Proof of Service by J Kevin West on behalf of Corizon LLC (West, J) |
| 06/26/2023 | 366 | NOTICE of Appearance by Carsten A Peterson on behalf of Corizon LLC (Peterson, Carsten) |
| 06/27/2023 | NOTICE TO COURT that counsel J Kevin West wishes to no longer be noticed electronically on this case as of the date of this notice. (West, J) | |
| 08/02/2023 | 367 | MOTION to Withdraw as Attorney. for Corizon LLC Request to Leave Noticing ON for this case by AttorneyCarsten A Peterson appearing for Defendant Corizon LLC. Responses due by 8/23/2023 (Peterson, Carsten) |
| 09/14/2023 | 368 | ORDER GRANTING MOTION TO WITHDRAW – Hawley Troxell Ennis & Hawley and all its counsel of record for Defendant Corizon, LLC are granted leave to Withdraw as Counsel of Record in this case for Defendant Corizon, LLC, subject to Dist. Idaho Loc. Civ. R. 83.6(c), and HTEH Counsels Motion to Withdraw (Dkt. 367 ) is GRANTED. HTEH Counsel must continue to represent their client in this case until proof of service of this withdrawal order on Defendant Corizon, LLC has been filed with the Court or, alternatively, until notice is filed with the Court that other counsel is substituted for HTEH Counsel. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm) |
| 09/27/2023 | 369 | NOTICE by Corizon LLC of Proof of Service (Peterson, Carsten) |
| 12/15/2023 | 370 | ORDER of USCA 22-35876 – Defendants-Appellants motions to continue the stay of appellate proceedings are DENIED, and Plaintiff-Appellees motions to lift the stay are GRANTED. Per the bankruptcy courts order, the Clerk shall continue the stay of the appeal as to Corizon, Inc. pursuant to 11 U.S.C. § 362(a). Oral argument on the attorneys fees and costs issue shall take place at 10:00 am on Tuesday, March 5, 2024, in Seattle, Washington. As to 324 Notice of Appeal, filed by Corizon LLC, Scott Eliason (lm) (Entered: 12/18/2023) |
| 01/24/2024 | 371 | ORDER of USCA 22-35876 – Before: McKEOWN and GOULD, Circuit Judges, and LASNIK,* District Judge. Upon showing hardship, Defendant-Appellant Scott Eliasons Motion to Attend Oral Argument Via Zoom is GRANTED. (lm) |
Last updated 03/05/2024
Reconciled with online docket 02/24/2024