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

Filing 703

ORDER TO STAY EXECUTION OF JUDGMENT PENDING APPEAL. NOW THEREFORE IT IS HEREBY ORDERED, that the motion to stay 702 is GRANTED, and that execution of, or any proceedings to enforce, the Amended Judgment entered in this action on November 29, 201 6 are stayed until the date the United States Court of Appeals for the Ninth Circuit issues its mandate in the appeal that has been taken from the November 29, 2016 Amended Judgment. 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
FOR THE DISTRICT OF IDAHO
SAINT ALPHONSUS MEDICAL CENTER –
NAMPA, INC., TREASURE VALLEY
Case No. 1:12-cv-00560-BLW (Lead Case)
HOSPITAL LIMITED PARTNERSHIP,
SAINT ALPHONSUS HEALTH SYSTEM,
INC., AND SAINT ALPHONSUS
REGIONAL MEDICAL CENTER, INC.,
ORDER TO STAY EXECUTION OF
JUDGMENT PENDING APPEAL
Plaintiffs,
v.
ST. LUKE’S HEALTH SYSTEM, LTD, and
ST. LUKE’S REGIONAL MEDICAL
CENTER, LTD.,
Defendants.
FEDERAL TRADE COMMISSION; STATE
OF IDAHO
Plaintiffs,
v.
ST. LUKE’S HEALTH SYSTEM, LTD.;
SALTZER MEDICAL GROUP, P.A.
Defendants.

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

THIS MATTER having come before the Court on the Unopposed Motion to Stay
Execution of Judgment Pending Appeal filed by Defendants St. Luke’s Health System, Ltd., and
St. Luke’s Regional Medical Center, Ltd., (collectively, “Defendants”), pursuant to Fed. R. Civ.
P. 62(d) and Fed. R. App. P. 8(a), and the Court being fully advised in the premises,
FINDS that there is good cause shown to stay, pending appeal, execution of or any
proceedings to enforce the Amended Judgment for Attorney Fees and Costs entered in this action
on November 29, 2016, and
FURTHER FINDS that Defendants have acquired two Final Supersedeas Bonds, one as
to Plaintiffs Saint Alphonsus Medical Center – Nampa, Inc., Saint Alphonsus Health system,

ORDER TO STAY EXECUTION OF JUDGMENT PENDING APPEAL - 1

Inc., and Saint Alphonsus Regional Medical Center, Inc. (collectively “Saint Al’s”), and one as
to Plaintiff Treasure Valley Hospital Limited Partnership (“TVH”) (all together “the private
plaintiffs”), that are good and adequate security for the November 29, 2016 Amended Judgment,
and are acceptable to the private plaintiffs, and
NOW THEREFORE IT IS HEREBY ORDERED, that the motion to stay (docket no.
702) is GRANTED, and that execution of, or any proceedings to enforce, the Amended
Judgment entered in this action on November 29, 2016 are stayed until the date the United States
Court of Appeals for the Ninth Circuit issues its mandate in the appeal that has been taken from
the November 29, 2016 Amended Judgment.

DATED: January 25, 2017

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

ORDER TO STAY EXECUTION OF JUDGMENT PENDING APPEAL - 2