K W et al v. Armstrong et al, No. 1:2012cv00022 - Document 420 (D. Idaho 2020)

Court Description: MEMORANDUM DECISION AND ORDER: Class Motion for ADR Order (Dkt. 391 ) is DENIED. Signed by Judge B. Lynn Winmill.(ms)

Download PDF
K W et al v. Armstrong et al Doc. 420 Case 1:12-cv-00022-BLW Document 420 Filed 11/04/20 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO K.W., by his next friend D.W, et al., Plaintiff, Case No. 1:12-cv-00022-BLW Case No. 3:12-cv-00058-BLW v. RICHARD ARMSTRONG, in his official capacity) as Director of the Idaho Department of Health and Welfare, et al., MEMORANDUM DECISION AND ORDER Defendant. _________________________________ TOBY SCHULTZ, et al., Plaintiffs, v. RICHARD ARMSTRONG, et al. Defendants. Pending before the Court is the Class’s Motion for ADR Order (Dkt. 391). After reviewing the parties’ briefing, I concur with the Plaintiffs that there is a need to resolve the parties’ ongoing dispute concerning a proper schedule to complete settlement implementation. But I am not persuaded that some form of Alternative Dispute Resolution is the best means of doing so. In my experience, further mediation of settlement agreements results in further complications that only prolong implementation of the parties’ settlement. For that reason, I have concluded that a better course of action MEMORANDUM DECISION AND ORDER - 1 Dockets.Justia.com Case 1:12-cv-00022-BLW Document 420 Filed 11/04/20 Page 2 of 2 is to set a hearing on that issue, 1 set up a briefing schedule, and resolve the disputed issue after hearing from both parties. The Court will set the hearing and the related briefing schedule in a separate order. IT IS SO ORDERED. DATED: November 4, 2020 _________________________ B. Lynn Winmill United States District Judge 1 Arguing that it is unworkable, the Defendants have objected to the Court’s June 4, 2020 order (Dkt. 396) requiring a two-track deadline for implementation of the settlement agreement. See Defendants’ Opposition to Plaintiffs’ Request for ADR, Dkt. 398). The Court will also resolve that objection as part of the scheduled hearing. MEMORANDUM DECISION AND ORDER - 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.