IN THE SUPREME COURT OF THE STATE OF MONTANA
OP 26-0680 _________________
BENEFIS HEALTH SYSTEM, INC.,
and MICHAEL DUBE, M.D.,
Petitioners,
v.
MONTANA EIGHTH JUDICIAL DISTRICT
COURT and THE HONORABLE ELIZABETH
BEST, PRESIDING,
Respondent.
O R D E R
_________________
Petitioners Benefis Health System, Inc. and Michael A. Dube, M.D., petition this
Court to issue a writ of supervisory control directing the Montana Eighth Judicial District
Court to vacate its August 26 and September 11, 2026 orders in Cascade County Cause No.
BDV-25-076 compelling Benefis to produce hospital quality assurance data that Petitioners
claim is privileged, confidential, and undiscoverable under §§ 50-16-201 and 205, MCA.
Upon review, the Court deems it appropriate to invite a response in accordance with M. R.
App. P. 14(7).
IT IS THEREFORE ORDERED that the Respondent Honorable Elizabeth Best, the
Plaintiffs in Cascade County Cause No. BDV-25-076, or any of them are granted thirty days
from the date of this Order within which to submit a summary response to the Petition for
Writ of Supervisory Control.
The Clerk of the Supreme Court is directed to provide a copy of this Order to all
counsel of record in Cascade County Cause No. BDV-25-076; to the Honorable Elizabeth
Best, District Court Judge; and to the Cascade County Clerk of District Court for filing in
Cause No. BDV-25-076.
Electronically signed by: Beth Baker
Justice, Montana Supreme Court October 1 2026
10/01/2026
Case Number: OP 26-0680