Dear Sheriff [_____________________],
This letter serves as NOTICE to you and your department that Ammon Bundy has filed in the United States District Court a Petition to Transfer the Pending Civil Lawsuit against him from State Court to Federal Court. A federal judge is obligated to rule upon the matter within 20 days. Out of respect for the lawful process, we ask that you do not execute the arrest warrant upon Ammon Bundy while the matter is pending in federal court.
Federal courts have Subject Matter Jurisdiction over civil rights violations (U.S.C. Title 28 Section 1446 & U.S.C. Title 28 Section 1391). The federal courts have Original Jurisdiction over federal questions (Title 28 U.S.C. Section 31. and Title 28 U.S.C. Sections 1343(3) and (4)). The federal courts have Diversified Jurisdiction when the parties to the controversy do not reside in the same States (U.S.C. Title 28, Section 1441 (b)(2) and U.S.C. Title 28, Section 1332). Due to the facts and circumstances in this case it is highly probable that the federal courts will take up the matter.
Ammon Bundy & Diego Rodriguez have been put in jeopardy by Idaho’s largest private institution (St. Luke’s Hospital), represented by one of Idaho’s largest law firms (Holland & Hart) and by an Idaho State Court, for exercising their right of free speech, their right to assemble, and their right to grieve government for redress, all protected acts listed in the 1st Amendment of the United States Constitution. Additionally, pursuant to the Preamble of the U.S. Constitution, “Life, liberty and the Pursuit of Happiness” clause, Mr. Bundy & Mr. Rodriguez have been deprived of their right of procedural due process pursuant to the 5th and 6th Amendments, and finally the right of equal rights pursuant to the 14th Amendment.
Utilizing heavy-handed tactics from one of Idaho’s most powerful law firms, Holland & Hart has served tens of thousands of pages upon Mr. Bundy. Before being able to respond to the initial complaint, Mr. Bundy was swarmed with more documents. This has continued throughout the proceeding and the frustration of not being able to respond has had the State Court issuing a Contempt Warrant for the arrest of Mr. Bundy, criminalizing a once civil case. Moreover, St. Luke’s Hospital has squandered valuable judicial resources and engaged in frivolous litigation to attack Mr. Bundy & Mr. Rodriguez at the unlawful expense of both Federal and State taxpayers who bear the burden of the expenses at the end of the day.
Mr. Rodriguez has suffered similarly at the hands of St. Luke’s counsel with tens of thousands of pages served upon him.
Unable to respond or even practically read to understand the mountains of legal documents coming from St. Luke’s counsel, Holland & Hart, frustration has mounted with Mr. Bundy & Mr. Rodriguez and little hope that justice will be met in the State Court exists.
The heavy-handed tactics against Mr. Bundy & Mr. Rodriguez are not just by the St. Luke’s counsel but by the State Court as well, depriving them of meaningful and procedural due process under color of law. This State Case raises issues of Federal Constitutional magnitude that cannot be addressed in the State Court forum due to the current tactics by St. Luke’s and the State Court itself.
Strategic Lawsuits Against Public Participation (SLAPP) are illegal in most states. In Idaho, it has been up to the judge to stop these types of lawsuits. However, Judge Lynn Norton has failed to protect the rights of the Idaho public to freely speak, freely assemble and freely grieve government for redress. She has allowed this case against Mr. Bundy & Mr. Rodriguez to continue for more than a year.
After considering the enormous burden that fighting this case would put on his family & finances, Mr. Bundy decided not to appear, requiring Judge Norton to default him under I.R.C.P Rule 55 (a)(1). At the beginning of the case St. Luke’s executives were only seeking $50,000 from Mr. Bundy. Therefore, rather than hiring attorneys and spending years in litigation, he believed defaulting would be the least time consuming and least expensive way to mitigate the lawsuit. However, Judge Lynn Norton did not promptly default Mr. Bundy for his lack of appearance, as required by law. Instead, she left the case open for nearly an entire year, allowing St. Lukes to amend the complaint 4 times, increased the punitive damages to $7.5 million dollars and then issued a civil warrant for Mr. Bundy’s arrest. Judge Norton put a gag order on Mr. Bundy for speaking to the public about the case. St. Luke’s counsel convinced Judge Norton that Mr. Bundy speaking about the case was “dangerous” to St. Lukes and Holland & Hart and that he needed to be arrested. Only after Mr. Bundy was put in extreme jeopardy of losing all his property and his liberty did Judge Norton enter a default judgment, granting St. Luke’s authority to lien everything he owns.
Mr. Bundy and Mr. Rodriguez have and will continue to suffer the unlawful conduct of St. Luke’s and the Ada County Court until or unless a federal judge removes the case from state jurisdiction and transfers it to the United States District Court. They have petitioned the United States Court for an ORDER TRANSFERRING the Idaho Civil Case, CASE NO. CV01-22-06789 to the jurisdiction of the United States District Court for The District of Idaho, as soon as possible, that they may be heard and federal questions addressed, as well as any other relief deemed just and proper under the circumstances.
Therefore, out of respect for the legal process and to avoid a civil rights lawsuit against your department, we ask that you do not exercise the arrest warrant issued by Ada County Judge, Lynn Norton for Ammon Bundy while the federal petition is pending.
Concerned Citizens of Gem, Ada, Canyon, Elmore, Adams & Payette County