Benefis v. MT 8th Jud. Dist.

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