IN THE SUPREME COURT OF THE STATE OF IDAHO ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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1 BOISE, WEDNESDAY, FEBRUARY 10, 2016 AT 8:50 A.M. WESTERN COMMUNITY INSURANCE COMPANY, Plaintiff-Appellant-Cross Respondent, KOA DEVELOPMENT, INC., Defendant, PAHRUMP COURTYARD ASSOCIATES, a NEVADA Limited Partnership as an interested party, Interested Party-Respondent- Cross Appellant. Docket No Appeal from the District Court of the Third Judicial District of the State of Idaho, Canyon County. Hon. Juneal C. Kerrick, District Judge. Anderson, Julian & Hull, LLP, Boise, attorneys for appellant. Givens Pursley, LLP, Boise, attorneys for respondent. In an appeal out of Canyon County, Western Community Insurance Company ( Western challenges the district court s dismissal of Western s action seeking a judicial declaration that it has no duty to defend or indemnify KOA Development, Inc. ( KOA from litigation brought against it in Nevada state court by Pahrump Courtyard Associates ( Pahrump. At the trial court level, Western brought its claims against KOA and joined Pahrump as an interested party. KOA never appeared in the proceedings but Pahrump took an active role. Western moved for a default judgment due to KOA s failure to appear, however the district court denied that motion. The district court explained that default judgment was not proper because Pahrump was actively defending its interests in the case. Thereafter, the district court dismissed the case entirely. It reasoned that because KOA had not asserted its interests against Western, there was no underlying controversy sufficient to support an action for declaratory judgment. Western appeals the dismissal and argues that default judgment should have been granted in its favor.

2 BOISE, WEDNESDAY, FEBRUARY 10, 2016 AT 10:00 A.M. ROBERT MICHAEL MENA, M.D., Petitioner-Appellant, IDAHO STATE BOARD OF MEDICINE, Respondent. Docket No Appeal from the District Court of the Fourth Judicial District of the State of Idaho, Ada County. Hon. Gerald F. Schroeder, Senior District Judge. Hawley Troxell Ennis & Hawley LLP, for appellant. Uranga & Uranga, for respondent. Robert Michael Mena, M.D., holds an Idaho license to practice medicine and surgery that was issued by the Idaho State Board of Medicine ( Board in Dr. Mena practices medicine in Jerome, Idaho. In October of 2011, the Board opened an investigation of Dr. Mena after learning that he had lost his medical staff membership at St. Benedict s Family Medical Center (now St. Luke s Hospital in Jerome. Based on Dr. Mena s written response to the Board s request for an explanation and his past psychiatric issues, the Board decided to institute proceedings against Dr. Mena pursuant to the Disabled Physician Act. Eventually, the Board issued an order placing restrictions on Dr. Mena s license and requiring him to continue with psychiatric treatment and treatment for sleep apnea. Dr. Mena filed a petition for review in the Fourth Judicial District Court. The district court affirmed the Board s order in part and reversed in part. Dr. Mena filed a timely appeal from the district court s decision. Dr. Mena raises several issues, contending that the Board exceeded its statutory authority, used unlawful procedure, deprived him of due process, did not base its order on substantial evidence, and erred in excluding some of the evidence he sought to introduce. Specifically, Dr. Mena maintains that the Board began its proceedings against him under the Disabled Physician Act, but improperly changed the proceedings into a disciplinary action under the Medical Practice Act and improperly imposed sanctions upon him.

3 BOISE, WEDNESDAY, FEBRUARY 10, 2016 AT 11:10 A.M. JBM, LLC, a Wyoming limited liability company; and JOE MCADAMS, an individual, and Counterclaimants-Third-Party Plaintiffs-Appellants, MCADAMS, LLC, an Idaho limited liability company, Plaintiff-Appellant, PETER J. CINTORINO, Defendant-Counterdefendant-Third Party Defendant-Respondent. Docket No Appeal from the District Court of the Fourth Judicial District of the State of Idaho, Valley County. Hon. Thomas F. Neville, District Judge. Eberle, Berlin, Kading, Turnbow & McKlveen, Chartered, Boise, for appellants. Wilson & McColl, Boise, for respondent. Appellants Joe McAdams; JBM, LLC; and McAdams, LLC appealed the district court s dismissal of McAdams, LLC s claims against Respondent Peter Cintorino. McAdams, LLC had filed several claims against Cintorino related to a transaction between Joe McAdams, as a member of JBM Company, LLC, and Cintorino and Tim and Kimberly Reslers, as individuals and as members of Fawnbrook, LLC. JBM Company, LLC agreed to loan Fawnbrook, LLC $1,200,000. Fawnbrook, LLC executed a promissory note for the loan, personally guaranteed by Cintorino and secured in part by a Deed of Trust for real property located in Valley County, Idaho. All of the documents executed in this transaction refer to JBM, LLC not JBM Company, LLC. The parties agree that the entity JBM, LLC does not exist. JBM Company, LLC is a

4 McAdams Cintorino, S.Ct. No Pg. 2 Wyoming limited liability company. Neither JBM, LLC nor JBM Company, LLC are registered with Idaho s Secretary of State. JBM Company, LLC purportedly assigned its rights to the promissory note and Deed of Trust and its rights to all causes of action against Cintorino to McAdams, LLC, an Idaho limited liability company. At the district court, Cintorino moved for summary judgment, alleging that McAdams, LLC was not entitled to file suit based on the above transaction because the assignor, JBM Company, LLC, was barred from filing suit in Idaho. The district court agreed and dismissed McAdams, LLC s claims against Cintorino. The district court held that McAdams, LLC was not entitled to file suit because its assignor, JBM Company, LLC, was barred from filing suit under either Idaho s Assumed Business Name Act, because it was conducting business under an unregistered assumed business name (JBM, LLC, or under Idaho s Uniform Limited Liability Company Act, because it is a foreign limited liability company transacting business in Idaho without a certificate of authority. Joe McAdams; JBM, LLC; and McAdams, LLC collectively appealed. Cintorino seeks attorney fees on appeal.

5 BOISE, WEDNESDAY, FEBRUARY 10, 2016 AT 1:30 P.M. IN THE MATTER OF: JANE DOE, A Child Under the Age of 18 Years IDAHO DEPARTMENT OF HEALTH AND WELFARE, Petitioner-Respondent, JANE DOE ( , and Respondent-Appellant, AIMEE STORS, CASA WORKER, Guardian Ad Litem-Respondent. Docket No Appeal from the District Court of the Second Judicial District of the State of Idaho, Nez Perce County. Hon. Michelle Evans, District Judge. Knowlton & Miles, PLLC, Lewiston, for appellant. Hon. Lawrence G. Wasden, Idaho Attorney General, Boise, for respondent Idaho Department of Health & Welfare. Nolta Law Office, PLLC, Lewiston, attotrneys for Guardian Ad Litem. In an expedited appeal out of Nez Perce County, a mother ( Mother challenges the magistrate court s termination of her parental relationship with her nine-year-old child ( Child. She asserts that: (1 the magistrate court improperly took judicial notice of the transcript of a prior proceeding; (2 the magistrate court improperly admitted hearsay evidence; and (3 the magistrate court s determination that Mother had committed neglect was not supported by clear and convincing evidence. Mother further argues that the Idaho Department of Health and Welfare failed to make reasonable efforts to reunify Mother with Child prior to the termination of her parental rights. Child is represented in this matter by a Guardian ad Litem.