Attorneys for Prime Healthcare, the company that owns St. Mary’s Hospital in Kankakee, argue that the suit brought against them by Kankakee County State’s Attorney Jim Rowe should be dismissed.

The filing of the motion by the Chicago law firm of Baker and Hostetler came on Nov. 19 in the Kankakee County Clerk of the Circuit Court’s office.

Both sides were in Kankakee County Court on Monday before Circuit Judge Lindsay Parkhurst.

Ryan Hedges represented Prime Healthcare in Monday’s proceedings. Rowe represented the county.

The sides are due back in court March 23, 2026.

Rowe is asking the court to approve a temporary restraining order against Prime Healthcare, which took ownership in March of St. Mary’s.

The motion to dismiss said that the complaint must allege facts supporting the essential elements of a cause of action.

“A plaintiff cannot rely simply on more conclusions of law or fact unsupported by specific factual allegations,” the motion quoted from the court case Gore v. Indiana Ins. Co.

The court must disregard unsupported conclusion and inference within the pleading, the motion quoted from Crampton v. Crampton.

The motion to dismiss said that Rowe’s office does not have the authority to bring this case under the state’s Planning Act.

That responsibility belongs to the Illinois Health Facilities and Services Review Board, the Illinois Department of Public Health and the Attorney General.

The complaint “does not allege any cause of action under the Planning Act or invoke the enforcement mechanisms in the Act,” the motion said.

The motion to dismiss goes on to argue that Rowe’s motion failed to state facts in its claims against Prime Healthcare.

In the complaint filed in June, Rowe argued that Prime Healthcare was not being honest when it provided testimony before the state health facilities board regarding Prime Healthcare’s acquisition of St. Mary’s and seven other hospitals from Ascension.

That public hearing was held in September 2024 in Kankakee by the Illinois Health Facilities and Services Review Board.

During the hearing, Fred Ortega, corporate director of public relations for Prime Healthcare, affirmed in his statement to the board that “Prime Healthcare has committed to continuing all services at these facilities and hopes to expand services based upon community needs,” according to a court filing.

When taking over the hospitals, Prime said no changes would occur for 18 to 24 months as it studied the cost of services being offered.

The board approved the sale last December, and Prime Healthcare took ownership on March 1 of this year.

Since formally taking ownership of the nonprofit St. Mary’s Hospital and other facilities, Prime has eliminated the childbirth, labor and delivery services in Kankakee, as well as patient care managers. These actions occurred less than 50 days after the sale was closed, Rowe argued in the filing.

In Prime Healthcare’s motion to dismiss, they argue that Prime requested a voluntary suspension of its Level II trauma designation to the state based on its lack of OB surgical coverage.

The health care company said every service-line change has followed all applicable requirements of the Illinois Health Facilities and Services Review Board and the Illinois Department of Public Health.