Saint Alphonsus Medical Center - Nampa et al v St Luke's Health System Ltd

Filing 510

ORDER. NOW THEREFORE IT IS HEREBY ORDERED, that the motion for stay 507 is GRANTED. The Court's order that St. Luke's unwind the Saltzer transaction is stayed pending the Ninth Circuit's resolution of St. Lukes emergency motion for stay under Federal Rule of Appellate Procedure 8(a)(2). 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)

UNITED STATES DISTRICT COURT
IN THE DISTRICT OF IDAHO
SAINT ALPHONSUS MEDICAL CENTER NAMPA, INC., TREASURE VALLEY
HOSPITAL LIMITED PARTNERSHIP,
Case No. 1:12-CV-00560-BLW (Lead
SAINT ALPHONSUS HEALTH SYSTEM,
Case)
INC., AND SAINT ALPHONSUS
REGIONAL MEDICAL CENTER, INC.
ORDER
Plaintiffs,
v.
ST. LUKE’S HEALTH SYSTEM, LTD.
Defendant.
FEDERAL TRADE COMMISSION; STATE
OF IDAHO

Case No. 1:13-CV-00116-BLW

Plaintiffs,
v.
ST. LUKE’S HEALTH SYSTEM, LTD.;
SALTZER MEDICAL GROUP, P.A.
Defendants.

The Court has earlier denied defendants’ motion to stay the unwinding of the
Saltzer deal. In response, the defendants have now filed a much more limited motion for
stay, seeking to stay the unwinding of the Saltzer deal only until the Ninth Circuit can
rule upon the emergency motion for stay filed pursuant to Federal Rule of Appellate
Procedure 8(a)(2). Any such stay should last just a month or so, until the Ninth Circuit
can rule on the emergency motion.

The plaintiffs do not object to a stay as long as it lasts no longer than 30 days.
That would typically be sufficient to allow the Ninth Circuit to rule on the motion for
stay. But a 30-day deadline would put inappropriate pressure on the Ninth Circuit to
resolve the motion within that deadline, and the Court declines to take that approach.
Instead, the Court will issue a stay to remain in effect until the Ninth Circuit resolves the
motion to stay, a date that will most likely be close to the plaintiffs’ suggested deadline.
In making this decision, the Court is not reconsidering in any way its earlier decision –
this stay is much more limited in scope and is driven in large part by the plaintiffs’
agreement to a 30-day stay. Accordingly,
NOW THEREFORE IT IS HEREBY ORDERED, that the motion for stay (docket
no. 507) is GRANTED. The Court’s order that St. Luke’s unwind the Saltzer transaction
is stayed pending the Ninth Circuit’s resolution of St. Luke’s emergency motion for stay
under Federal Rule of Appellate Procedure 8(a)(2).

DATED: June 25, 2014

_________________________
B. Lynn Winmill
Chief Judge
United States District Court