First-Citizens Bank & Trust Company v. Summit Cancer Center - Boise, LLC, et al., No. 1:2022cv00046 - Document 34 (D. Idaho 2023)

Court Description: MEMORANDUM DECISION AND ORDER - Plaintiffs Motion for Summary Judgment (Dkt. 21 ) is GRANTED; A Judgment in favor of Plaintiff shall be attached herewith. Signed by Judge Jennifer Choe Groves. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

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First-Citizens Bank & Trust Company v. Summit Cancer Center - Boise, LLC, et al. Doc. 34 Case 1:22-cv-00046-JCG Document 34 Filed 01/26/23 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO FIRST-CITIZENS BANK & TRUST COMPANY, Plaintiff, v. Case No. 1:22-CV-00046-JCG SUMMIT CANCER CENTER - BOISE, LLC, SCCB PROPERTY, LLC, SELECT TECHNOLOGY PARTNERS, LLC, SELECT HEALTHCARE SOLUTIONS, LLC, MATTHEW CUTLER, JOHN E. GAMBOA M.D., PLLC, JOHN E. GAMBOA, Defendants. J. CHOE-GROVES, District Judge MEMORANDUM DECISION AND ORDER Pending before the Court is Plaintiff First-Citizens Bank & Trust Company’s Motion for Summary Judgment and accompanying Memorandum in Support, Declarations, Statement of Undisputed Facts and Proposed Order (collectively, “Plaintiff’s Motion”) (Dkt. 21). On December 20, 2022, the Court held oral argument and took Plaintiff’s Motion under advisement. After considering the pleadings filed in this action, the Declaration of Jenny Stevens in Support of Plaintiff’s Motion for Summary Judgment, the Declaration of Maureen Mitchell in Support of Plaintiff’s Motion for Summary Judgment, and the arguments made by Parties during oral Judge Jennifer Choe-Groves, of the United States Court of International Trade, sitting by designation. ORDER - 1 Dockets.Justia.com Case 1:22-cv-00046-JCG Document 34 Filed 01/26/23 Page 2 of 2 argument, the Court concludes that summary judgment should be granted pursuant to Fed. R. Civ. P. 56(a). Because there are no material facts in dispute and Defendants do not contest Plaintiff’s Motion, Plaintiff is entitled to judgment as a matter of law, and Plaintiff’s Motion is GRANTED. For the foregoing reasons, IT IS HEREBY ORDERED that: 1. Plaintiff’s Motion for Summary Judgment (Dkt. 21) is GRANTED; 2. A Judgment in favor of Plaintiff shall be attached herewith. DATED: January 26, 2023 Jennifer Choe-Groves The Honorable Jennifer Choe-Groves ORDER - 2

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