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Ammon Bundy and associate absent for sanctions hearing

Ammon Bundy and Diego Rodriguez did not show on Tuesday for the hearing to sanction them, but holding them in criminal contempt is still on the table.

BOISE, Idaho — Far-right activist and gubernatorial candidate Ammon Bundy and his associate Diego Rodriguez did not show for their sanctions hearing on Tuesday in Boise, but Bundy did schedule a campaign event in Rupert for that day at 7 p.m.

A judge ruled that Bundy and Rodriguez must sit for a deposition -- and pay all the fees for it -- in light of a lawsuit filed by St. Luke's Health System. Bundy never responded to the suit, but Rodriguez filed a response an hour before the hearing. The letter Rodriguez filed, from across the country at his address in Orlando, Florida, didn't address the hearing itself, St. Luke's attorney Erik Stidham said.

RELATED: Ammon Bundy avoids lawsuit, St. Luke's takes action

By 5 p.m., that response was not officially filed and publicly accessible.

Bundy's deposition due date is set for Sept. 30. Rodriguez's is set for Oct. 7.

The judge did not rule to hold either defendant in contempt, because they must be present in person to be arraigned. However, this is not off the table -- if both Bundy and Rodriguez don't sit for their depositions, which a proceeding where attorneys can ask them questions under oath, they can be held criminally contempt due to the monetary aspect of the lawsuit. 

Incarceration is not being sought, according to Stidham, but they will proceed with criminal contempt if needed.

Bundy and Rodriguez were sued by St. Luke's in May for their actions in the political protest regarding "Baby Cyrus," a child who was taken into child protective services and hospitalized due to malnutrition. The protest caused the hospital to go into lockdown, which led to ambulances being forced to divert to other hospitals to seek care for emergency patients. 

The lawsuit claimed Bundy, Rodriguez and their political organizations were part of a "coordinated campaign of harassment and intimidation." It says the aim of the suit is to stop the defendants from their ongoing harassment and to remove the defamatory and false statements they have posted and shared online. 

RELATED: St. Luke's condemns harassment at hospital and over the phone

Attorney Erik Stidham requested the two provide information about their campaigns and their supporters, including those who were making the alleged false statements, but received nothing -- which led to lawyers filing a motion to hold Bundy and Rodriguez in contempt of court for the lack of response to the suit.

Bundy and Rodriguez were well aware of the lawsuit, court documents say.

Rodriguez also appears to have left the state and cannot be located to be formally served, court documents say, while also owing a significant amount of money in taxes. However, he has been continuously posting on his website, Freedom Man Press, during these proceedings.

The two associates had accused CPS and St. Luke's of "medical kidnapping" "killing babies" and running a "child trafficking ring" which prompted the protests.

Bundy and Rodriguez's followers also doxxed the CPS workers, healthcare workers and the judges involved in the case, posting their addresses and telling people to protest outside their homes.

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