Case: Whitman-Walker Health v. U.S. Department of Health and Human Services

1:20-cv-01630 | U.S. District Court for the District of Columbia

Filed Date: June 22, 2020

Case Ongoing

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Case Summary

This is a case about the Trump Administration's limits on LGBTQ+ protections under the Affordable Care Act. On June 22, 2020, a group of LGBTQ-focused private healthcare providers, organizations providing community services, health professional associations, and individual providers filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiffs sued the U.S. Department of Health and Human Services (HHS), challenging a revised HHS regulation issued under Section 1557 of the Affordable Care Act (ACA) that removed many nondiscrimination protections for LGBTQ+ people. The plaintiffs sued under the Administrative Procedure Act (5 U.S.C. § 706), alleging that the defendants had violated the Administrative Procedure Act and the First and Fifth Amendments of the U.S. Constitution. Represented by Lambda Legal and private counsel, the plaintiffs sought injunctive relief, declaratory relief, and attorney's fees.

In 2010, President Obama signed the ACA into law. The ACA's Section 1557 banned discrimination in health care based on sex, race, color, national origin, age, and disability. In 2016, HHS enacted a rule to implement these nondiscrimination requirements. The 2016 Rule interpreted sex discrimination to cover discrimination based on gender identity and sex stereotyping. It established that the ACA prohibits discrimination against LGBTQ+ people by providers and insurers, and that insurers cannot categorically refuse to cover gender-affirming care. The rule also established that plaintiffs could use any enforcement mechanisms and standards in lawsuits about health care discrimination.

In June 2020, the Trump Administration enacted a revised rule that undid the 2016 Rule and removed many nondiscrimination protections for LGBTQ+ people. It also limited which programs and insurance plans the nondiscrimination rules applied to, and added religious exceptions to those rules based on Title IX. The 2020 Rule also got rid of requirements that entities must notify people about (1) nondiscrimination policies, (2) access for people who have limited English proficiency, and (3) aids for people with disabilities. Additionally, the 2020 Rule established that plaintiffs could only use certain enforcement mechanisms depending on the form of discrimination.

The plaintiffs challenged the Trump Administration's actions on several bases. They alleged that the 2020 Rule violated the Administrative Procedure Act because it was arbitrary and capricious and contradicted both the ACA and Supreme Court precedent on sex discrimination. This included an argument that the 2020 Rule contradicted ACA's Section 1554, which prohibits the imposition of unreasonable barriers to care.

The plaintiffs also argued that the 2020 Rule violated the Constitution in several ways. First, it allegedly violated the Equal Protection Component of the Fifth Amendment's Due Process Clause by discriminating against LGBTQ+ people. Second, it allegedly violated the right to privacy and autonomy under the Fifth Amendment's Due Process Clause by condoning the denial of gender-affirming care. Third, it allegedly violated free speech rights under the First Amendment by chilling people's ability to tell their health care providers about their sexual orientation and gender identity. Finally, it allegedly violated the First Amendment's Establishment Clause by adding religious exceptions to the nondiscrimination rules.

This case was assigned to Judge James E. Boasberg. On July 9, 2020, the plaintiffs asked the court to grant a preliminary injunction against the 2020 Rule, or to stay the rule while the court considered the case. A week later, on July 15, the U.S. House of Representatives filed an amicus brief supporting the plaintiffs.

On September 2, 2020, the court granted a preliminary injunction against parts of the 2020 Rule. The court first analyzed whether the plaintiffs had standing. The court found that the health providers would be harmed by the 2020 Rule because their operations would be affected in various ways by the fear of discrimination the 2020 Rule would cause among LGBTQ+ patients. It ruled that the plaintiffs had standing for their claims about the sex discrimination definition, the religious exemptions, the Section 1554 violation, the Establishment Clause violation, the rule against refusing to cover gender-affirming care, and the rule about notice requirements. It also held that the plaintiffs had third-party standing for their claims about the individual constitutional rights of their LGBTQ+ patients. However, it ruled that the plaintiffs lacked standing for their claims about the change to which programs and insurance plans the nondiscrimination rules applied to, and their claim about enforcement mechanisms. 485 F. Supp. 3d 1.

The court preliminary enjoined two parts of the 2020 Rule. First, the court held that redefining sex discrimination so as to not cover sex stereotyping was arbitrary and capricious, in violation of the Administrative Procedure Act. This was based on the 2020 Supreme Court case Bostock v. Clayton County, which held that discrimination based on sex stereotyping and gender identity are types of sex discrimination. However, the ruling here only applied only to sex stereotyping, not gender identity, due to a federal district court ruling from 2016--Franciscan Alliance v . Burwell--which said that HHS could not ban gender identity discrimination under Section 1557 and therefore prevented the plaintiffs from having standing on that issue.

Second, the court held that allowing some religious organizations to be exempt from the nondiscrimination rules, based on Title IX, was arbitrary and capricious. Since these changes likely violated the Administrative Procedure Act, the court did not need to consider whether they also violated the Constitution. However, the court declined to enjoin the rule against refusing to cover gender-affirming care and the rule about notice requirements. It also did not accept the plaintiffs' arguments about the ACA's Section 1554.

A few days later, on September 9, 2020, a separate case filed in the Western District of Washington challenging the same rule on the same grounds was dismissed. Read more about that lawsuit, Washington v. U.S. Department of Health and Human Services, here.

Later that month, in this case, the Trump Administration moved on September 29, 2020 to dismiss the claims that the court had not issued a preliminary injunction on, alleging that the court had no jurisdiction and the plaintiffs had failed to state a claim.

About a month later, on October 31, 2020, the Trump Administration appealed the preliminary injunction to the U.S. Court of Appeals for the D.C. Circuit.

On February 16, 2021, the parties jointly moved to stay the case at both the district and appeals level because President Biden's new administration wanted to reevaluate the underlying legal questions. The case was initially stayed for three months.

Three months later, on May 14, 2021, the parties gave a status report to the district court. The Administration said that it was planning to start a new Section 1557 rulemaking process. It also said that it had reinterpreted sex discrimination, in accordance with Bostock, as covering discrimination based on sexual orientation and gender identity. The Administration asked for a 90-day continuation of the stay, while the plaintiffs argued that only a 30-day continuation was acceptable because the elements of the 2020 Rule that had not been enjoined were still causing harm. The court extended the stay for 60 days.

Two months later, on July 16, 2021, the parties filed another status report in which the Biden Administration asked the court to continue the stay. The plaintiffs moved to lift the stay a few weeks later, on July 26.

About a month later, on September 3, 2021, the court denied the motion to lift the stay. In its opinion, the court noted that some of the provisions that its preliminary injunction had not covered had already been enjoined by other courts, so they were not presently causing harm. 2021 WL 4033072.

Two months later, on November 3, 2021, the Biden Administration said in a status report that it would likely issue a Notice of Proposed Rulemaking about Section 1557 by April 2022. A week later, on November 10, the Administration moved to dismiss their appeal in the D.C. Circuit, and the appeals court granted the motion on November 19.

In a January 2022 status report, the Administration said it had proposed several changes to nondiscrimination provisions that would return them to the pre-2020 language. It also reiterated that it would likely issue a Notice of Proposed Rulemaking about Section 1557 by April 2022. However, in a May 2022 status report, the plaintiffs noted that the proposed nondiscrimination changes had not been present in the finalized version of that rule, and that the Administration had not issued the Notice of Proposed Rulemaking.

On July 25, 2022, the Administration issued a Notice of Proposed Rulemaking about Section 1557. The new rule established that sex discrimination covers discrimination based on sexual orientation, gender identity, sex stereotypes, sex characteristics, and pregnancy or pregnancy termination. It also included more entities within the nondiscrimination rules, added notice requirements, and took out the Title IX exemptions. The public comment period for the new proposed rule ended in October 2022.

As of April 2023, the case was still stayed, and the Administration was evaluating the public comments about its proposal.

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Summary Authors

Lauren Yu (9/27/2020)

Micah Pollens-Dempsey (4/9/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59908666/parties/whitman-walker-clinic-inc-v-us-department-of-health-and-human-services/

Judge(s)

Boasberg, James Emanuel (District of Columbia)

Attorney for Plaintiff

Becker, Khristoph (New York)

Charles, Carl (New York)

Attorney for Defendant

Expert/Monitor/Master

Bagby, Kelly R. (District of Columbia)

Barbero, Megan (District of Columbia)

Judge(s)

Boasberg, James Emanuel (District of Columbia)

Attorney for Plaintiff

Becker, Khristoph (New York)

Charles, Carl (New York)

Degeyter, Gregory (Texas)

Dennehy, Johanna S. (District of Columbia)

Edelstein, Laura Joy (California)

Gliksberg, Jamie Avra (Illinois)

Gonzalez__Pagan, Omar (New York)

Gonzalez-Pagan, Omar (New York)

Lane-Steele, Laura (District of Columbia)

Loewy, Karen Lee (New York)

Vatis, Michael A. (New York)

Attorney for Defendant

Holland, Liam (District of Columbia)

Lane, William Kerwin III (District of Columbia)

Von Bokern, Jordan L (District of Columbia)

Expert/Monitor/Master

Bagby, Kelly R. (District of Columbia)

Barbero, Megan (District of Columbia)

Gorod, Brianne J. (District of Columbia)

Letter, Douglas (District of Columbia)

Morse, Josephine T (District of Columbia)

Phatak, Ashwin P. (District of Columbia)

Sevier, Chris (Florida)

Tatelman, Todd B. (District of Columbia)

Wydra, Elizabeth B. (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:20-cv-01630	Complaint for Declaratory and Injunctive Relief	June 22, 2020	June 22, 2020 Complaint
34-1 1:20-cv-01630	Brief of U.S. House of Representatives as Amicus Curiae in Support of Plaintiffs	July 15, 2020	July 15, 2020 Pleading / Motion / Brief
56 1:20-cv-01630	Memorandum Opinion	Sept. 2, 2020	Sept. 2, 2020 Order/Opinion
78 1:20-cv-01630	Memorandum Opinion Whitman-Walker Clinic, Inc. v. U.S. Department of of Health and Human Services	Sept. 3, 2021	Sept. 3, 2021 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Whitman-Walker Clinic v. HHS Lambda Legal	Lambda Legal and Steptoe & Johnson LLP filed a lawsuit challenging the U.S. Department of Health and Human Services (HHS) published rule that purports to carve out LGBTQ people and other vulnerable p…	July 15, 2020	July 15, 2020 https://www.lambdalegal.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/59908666/whitman-walker-clinic-inc-v-us-department-of-health-and-human-services/

Last updated July 11, 2023, 9:57 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against ALEX M. AZAR, II, ROGER SEVERINO, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA ( Filing fee $ 400 receipt number ADCDC-7253108) filed by SARAH HENN, MD, MPH, BRADBURY-SULLIVAN LGBT COMMUNITY CENTER, RANDY PUMPHREY, D.MIN, LCC, BCC, WARD CARPENTER, MD, LOS ANGELES LGBT CENTER, ROBERT BOLAN, MD, AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC. d/b/a GLMA: HEALTH PROFESSIONALS ADVANCING LGBTQ EQUALITY, THE TRANSLATIN@ COALITION, WHITMAN-WALKER CLINIC, Inc. d/b/a WHITMAN-WALKER HEALTH, AGLP: THE ASSOCIATION OF LGBTQ PSYCHIATRISTS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet, # 4 Summons U.S. Department of Health and Human Services, # 5 Summons Alex M. Azar II, # 6 Summons Roger Severino, # 7 Summons Seema Verma, # 8 Summons U.S. Attorney General, # 9 Summons U.S. Attorney for the District of Columbia)(Dennehy, Johanna) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 Clearinghouse
2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC. d/b/a GLMA: HEALTH PROFESSIONALS ADVANCING LGBTQ EQUALITY (Dennehy, Johanna) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 PACER
3	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BRADBURY-SULLIVAN LGBT COMMUNITY CENTER (Dennehy, Johanna) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 PACER
4	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LOS ANGELES LGBT CENTER (Dennehy, Johanna) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 PACER
5	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by THE TRANSLATIN@ COALITION (Dennehy, Johanna) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 PACER
6	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WHITMAN-WALKER CLINIC, Inc. d/b/a WHITMAN-WALKER HEALTH (Dennehy, Johanna) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 PACER
7	NOTICE of Fed. R. Civ. P. 7.1 Disclosure Statement by THE TRANSLATIN@ COALITION (Dennehy, Johanna) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 PACER
8	NOTICE of Fed. R. Civ. P. 7.1 Disclosure Statement by BRADBURY-SULLIVAN LGBT COMMUNITY CENTER (Dennehy, Johanna) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 PACER
9	NOTICE of Fed. R. Civ. P. 7.1 Disclosure Statement by AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC. d/b/a GLMA: HEALTH PROFESSIONALS ADVANCING LGBTQ EQUALITY (Dennehy, Johanna) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 PACER
10	NOTICE of Fed. R. Civ. P. 7.1 Disclosure Statement by LOS ANGELES LGBT CENTER (Dennehy, Johanna) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 PACER
11	NOTICE of Fed. R. Civ. P. 7.1 Disclosure Statement by WHITMAN-WALKER CLINIC, Inc. d/b/a WHITMAN-WALKER HEALTH (Dennehy, Johanna) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 PACER
12	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Laura J. Edelstein, Filing fee $ 100, receipt number ADCDC-7254978. Fee Status: Fee Paid. by AGLP: THE ASSOCIATION OF LGBTQ PSYCHIATRISTS, AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC. d/b/a GLMA: HEALTH PROFESSIONALS ADVANCING LGBTQ EQUALITY, ROBERT BOLAN, MD, BRADBURY-SULLIVAN LGBT COMMUNITY CENTER, WARD CARPENTER, MD, SARAH HENN, MD, MPH, LOS ANGELES LGBT CENTER, RANDY PUMPHREY, D.MIN, LCC, BCC, THE TRANSLATIN@ COALITION, WHITMAN-WALKER CLINIC, Inc. d/b/a WHITMAN-WALKER HEALTH (Attachments: # 1 Declaration of Laura J. Edelstein, # 2 Text of Proposed Order)(Dennehy, Johanna) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 PACER
13	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Khristoph A. Becker, Filing fee $ 100, receipt number ADCDC-7255109. Fee Status: Fee Paid. by AGLP: THE ASSOCIATION OF LGBTQ PSYCHIATRISTS, AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC. d/b/a GLMA: HEALTH PROFESSIONALS ADVANCING LGBTQ EQUALITY, ROBERT BOLAN, MD, BRADBURY-SULLIVAN LGBT COMMUNITY CENTER, WARD CARPENTER, MD, SARAH HENN, MD, MPH, LOS ANGELES LGBT CENTER, RANDY PUMPHREY, D.MIN, LCC, BCC, THE TRANSLATIN@ COALITION, WHITMAN-WALKER CLINIC, Inc. d/b/a WHITMAN-WALKER HEALTH (Attachments: # 1 Declaration of Khristoph A. Becker, # 2 Text of Proposed Order)(Dennehy, Johanna) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 PACER
14	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Omar Gonzalez-Pagan, Filing fee $ 100, receipt number ADCDC-7255804. Fee Status: Fee Paid. by AGLP: THE ASSOCIATION OF LGBTQ PSYCHIATRISTS, AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC. d/b/a GLMA: HEALTH PROFESSIONALS ADVANCING LGBTQ EQUALITY, ROBERT BOLAN, MD, BRADBURY-SULLIVAN LGBT COMMUNITY CENTER, WARD CARPENTER, MD, SARAH HENN, MD, MPH, LOS ANGELES LGBT CENTER, RANDY PUMPHREY, D.MIN, LCC, BCC, THE TRANSLATIN@ COALITION, WHITMAN-WALKER CLINIC, Inc. d/b/a WHITMAN-WALKER HEALTH (Attachments: # 1 Declaration of Omar Gonzalez-Pagan, # 2 Text of Proposed Order)(Dennehy, Johanna) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 PACER
15	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Karen L. Loewy, Filing fee $ 100, receipt number ADCDC-7255839. Fee Status: Fee Paid. by AGLP: THE ASSOCIATION OF LGBTQ PSYCHIATRISTS, AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC. d/b/a GLMA: HEALTH PROFESSIONALS ADVANCING LGBTQ EQUALITY, ROBERT BOLAN, MD, BRADBURY-SULLIVAN LGBT COMMUNITY CENTER, WARD CARPENTER, MD, SARAH HENN, MD, MPH, LOS ANGELES LGBT CENTER, RANDY PUMPHREY, D.MIN, LCC, BCC, THE TRANSLATIN@ COALITION, WHITMAN-WALKER CLINIC, Inc. d/b/a WHITMAN-WALKER HEALTH (Attachments: # 1 Declaration of Karen L. Loewy, # 2 Text of Proposed Order)(Dennehy, Johanna) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 PACER
16	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Carl S. Charles, Filing fee $ 100, receipt number ADCDC-7255870. Fee Status: Fee Paid. by AGLP: THE ASSOCIATION OF LGBTQ PSYCHIATRISTS, AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC. d/b/a GLMA: HEALTH PROFESSIONALS ADVANCING LGBTQ EQUALITY, ROBERT BOLAN, MD, BRADBURY-SULLIVAN LGBT COMMUNITY CENTER, WARD CARPENTER, MD, SARAH HENN, MD, MPH, LOS ANGELES LGBT CENTER, RANDY PUMPHREY, D.MIN, LCC, BCC, THE TRANSLATIN@ COALITION, WHITMAN-WALKER CLINIC, Inc. d/b/a WHITMAN-WALKER HEALTH (Attachments: # 1 Declaration of Carl S. Charles, # 2 Text of Proposed Order)(Dennehy, Johanna) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 PACER
17	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jamie Gliksberg, Filing fee $ 100, receipt number ADCDC-7260338. Fee Status: Fee Paid. by AGLP: THE ASSOCIATION OF LGBTQ PSYCHIATRISTS, AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC. d/b/a GLMA: HEALTH PROFESSIONALS ADVANCING LGBTQ EQUALITY, ROBERT BOLAN, MD, BRADBURY-SULLIVAN LGBT COMMUNITY CENTER, WARD CARPENTER, MD, SARAH HENN, MD, MPH, LOS ANGELES LGBT CENTER, RANDY PUMPHREY, D.MIN, LCC, BCC, THE TRANSLATIN@ COALITION, WHITMAN-WALKER CLINIC, Inc. d/b/a WHITMAN-WALKER HEALTH (Attachments: # 1 Declaration of Jamie Gliksberg, # 2 Text of Proposed Order)(Dennehy, Johanna) (Entered: 06/23/2020)	June 23, 2020	June 23, 2020 PACER
18	SUMMONS (6) Issued Electronically as to ALEX M. AZAR, II, ROGER SEVERINO, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 06/24/2020)	June 24, 2020	June 24, 2020 PACER
	Case assigned to Judge James E. Boasberg. (zmc)	June 24, 2020	June 24, 2020 PACER
19	NOTICE of Appearance by Michael A. Vatis on behalf of All Plaintiffs (Vatis, Michael) (Entered: 06/26/2020)	June 26, 2020	June 26, 2020 PACER
	MINUTE ORDER GRANTING 13 Motion for Admission Pro Hac Vice of KRISTOPH A. BECKER. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So ORDERED by Judge James E. Boasberg on 6/29/2020. (lcjeb2)	June 29, 2020	June 29, 2020 PACER
	MINUTE ORDER GRANTING 15 Motion for Admission Pro Hac Vice of KAREN L. LOEWY. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So ORDERED by Judge James E. Boasberg on 6/29/2020. (lcjeb2) (lcmg)	June 29, 2020	June 29, 2020 PACER
	MINUTE ORDER GRANTING 16 Motion for Admission Pro Hac Vice of CARL S. CHARLES. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So ORDERED by Judge James E. Boasberg on 6/29/2020. (lcjeb2) (lcmg)	June 29, 2020	June 29, 2020 PACER
	MINUTE ORDER GRANTING 14 Motion for Admission Pro Hac Vice of OMAR GONZALEZ-PAGAN. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So ORDERED by Judge James E. Boasberg on 6/29/2020. (lcjeb2)	June 29, 2020	June 29, 2020 PACER
	MINUTE ORDER GRANTING 12 Motion for Admission Pro Hac Vice of LAURA J. EDELSTEIN. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So ORDERED by Judge James E. Boasberg on 6/29/2020. (lcjeb2)	June 29, 2020	June 29, 2020 PACER
	MINUTE ORDER GRANTING 17 Motion for Admission Pro Hac Vice of JAMIE AVRA GLIKSBERG. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So ORDERED by Judge James E. Boasberg on 6/29/2020. (lcjeb2)	June 29, 2020	June 29, 2020 PACER
20	NOTICE of Appearance by Omar Francisco Gonzalez-Pagan on behalf of All Plaintiffs (Gonzalez-Pagan, Omar) (Entered: 06/30/2020)	June 30, 2020	June 30, 2020 PACER
21	NOTICE of Appearance by Laura Joy Edelstein on behalf of All Plaintiffs (Edelstein, Laura) (Entered: 06/30/2020)	June 30, 2020	June 30, 2020 PACER
22	NOTICE of Appearance by Khristoph Becker on behalf of All Plaintiffs (Becker, Khristoph) (Entered: 06/30/2020)	June 30, 2020	June 30, 2020 PACER
23	NOTICE of Appearance by Karen Loewy on behalf of All Plaintiffs (Loewy, Karen) (Entered: 07/02/2020)	July 2, 2020	July 2, 2020 PACER
24	NOTICE of Appearance by Carl Solomon Charles on behalf of All Plaintiffs (Charles, Carl) (Entered: 07/02/2020)	July 2, 2020	July 2, 2020 PACER
25	NOTICE of Appearance by Jamie Avra Gliksberg on behalf of All Plaintiffs (Gliksberg, Jamie) (Entered: 07/03/2020)	July 3, 2020	July 3, 2020 PACER
26	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 6/25/2020 (Dennehy, Johanna) (Entered: 07/07/2020)	July 7, 2020	July 7, 2020 PACER
27	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/26/2020. (Dennehy, Johanna) (Entered: 07/07/2020)	July 7, 2020	July 7, 2020 PACER
28	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/26/2020. Answer due for ALL FEDERAL DEFENDANTS by 8/25/2020. (Dennehy, Johanna); Modified event and text on 7/21/2020 (ztth). (Entered: 07/07/2020)	July 7, 2020	July 7, 2020 PACER
	NOTICE OF ERROR re 26 Summons Returned Executed as to Federal Defendant; emailed to jdennehy@steptoe.com, cc'd 16 associated attorneys -- The PDF file you docketed contained errors: 1. FYI for future filings of this sort. Do not use the Affidavit of mailing forms. Use the form attached to the summons, Proof of Service. (ztd, )	July 8, 2020	July 8, 2020 PACER
29	MOTION for Preliminary Injunction or, in the Alternative, MOTION to Stay Pending Judicial Review Pursuant to 5 U.S.C. 705 by AGLP: THE ASSOCIATION OF LGBTQ PSYCHIATRISTS, AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC., ROBERT BOLAN, BRADBURY-SULLIVAN LGBT COMMUNITY CENTER, WARD CARPENTER, SARAH HENN, LOS ANGELES LGBT CENTER, RANDY PUMPHREY, TRANSLATIN@ COALITION, WHITMAN-WALKER CLINIC, INC. (Attachments: # 1 Memorandum in Support, # 2 Index of Declarations, # 3 Declaration of Naseema Shafi, CEO, Whitman-Walker Health, # 4 Declaration of Dr. Sarah Henn, MD, MPH, Chief Medical Officer, Whitman-Walker Health, # 5 Declaration of Dr. Randy Pumphrey, D. Min, LPC, BCC, Senior Director of Behavioral Health, Whitman-Walker Health, # 6 Declaration of Bamby Salcedo, President & CEO, The Translatin@ Coalition, # 7 Declaration of Arianna Inurritegui-Lint, Executive Director of Arianna's Center, # 8 Declaration of Darrel Cummings, Chief of Staff, Los Angeles LGBT Center, # 9 Declaration of Dr. Robert Bolan, MD, Chief Medical Officer, Los Angeles LGBT Center, # 10 Declaration of Dr. Ward Carpenter, MD, Co-Director of Health Services, Los Angeles LGBT Center, # 11 Declaration of Adrian Shanker, Executive Director, Bradbury-Sullivan LGBT Community Center, # 12 Declaration of Hector Vargas, Executive Director, GLMA, # 13 Declaration of Roy Harker, Executive Director, AGLP: The Association of LGBTQ+ Psychiatrists, # 14 Declaration of Dr. Deborah Fabian, MD, # 15 Declaration of Dr. Randi C. Ettner, PhD, # 16 Declaration of Elena Rose Vera, Executive Director, Trans Lifeline, # 17 Declaration of Carrie Davis, Chief Community Officer, The Trevor Project, # 18 Text of Proposed Order, # 19 Certificate of Service)(Dennehy, Johanna) (Entered: 07/09/2020)	July 9, 2020	July 9, 2020 PACER
	MINUTE ORDER: The Court ORDERS that a conference call is hereby set for Friday, July 10, at 3:30 p.m. to discuss a briefing schedule regarding Plaintiffs' 29 Motion for Preliminary Injunction. The Court ORDERS that the parties shall dial into Chambers toll-free conference-call number, (877) 402-9753, at this time. Chambers have contacted the parties via email with the dial-in code. So ORDERED by Judge James E. Boasberg on 07/10/2020. (lcjeb2)	July 10, 2020	July 10, 2020 PACER
	Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 7/10/2020. (Court Reporter Lisa Griffith) (nbn)	July 10, 2020	July 10, 2020 PACER
	MINUTE ORDER: As discussed in todays telephonic hearing, the Court ORDERS that: 1) Defendants PI Opposition shall be due by July 24, 2020, with Plaintiffs Reply due by July 29, 2020; and 2) The parties shall appear for a hearing on the PI Motion on August 3, 2020 at 2:00 PM Eastern. So ORDERED by Judge James E. Boasberg on 07/10/2020. (lcjeb2)	July 10, 2020	July 10, 2020 PACER
	Set/Reset Deadlines/Hearings: Responses due by 7/24/2020. Replies due by 7/29/2020. Preliminary Injunction Hearing set for 8/3/2020 at 02:00 PM in Telephonic/VTC before Judge James E. Boasberg. (znbn)	July 10, 2020	July 10, 2020 PACER
30	MOTION for Leave to File Amicus Brief by ALLIANCE OF BLACK AND WHITE EX-GAY AND EX-TRANS, CENTER FOR GARDEN STATE FAMILIES, COALITION OF DOCTORS DEFENDING REPARATIVE THERAPY, COALITION OF MULTI-RACIAL PASTORS, DE FACTO ATTORNEY GENERAL, SPECIAL FORCES OF LIBERTY, WARRIORS FOR CHRIST. (Attachments: # 1 Exhibit Amicus Brief, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Declaration, # 7 Declaration, # 8 Declaration, # 9 Declaration, # 10 Declaration, # 11 Declaration, # 12 Declaration)(ztth) (Entered: 07/14/2020)	July 14, 2020	July 14, 2020 PACER
31	NOTICE of Appearance by Jordan Landrum von Bokern on behalf of All Defendants (von Bokern, Jordan) (Entered: 07/15/2020)	July 15, 2020	July 15, 2020 PACER
32	Consent MOTION for Leave to File Amicus Brief by AARP, AARP FOUNDATION, SAGE (Attachments: # 1 Amicus Brief, # 2 Text of Proposed Order Proposed Order)(Bagby, Kelly) (Entered: 07/15/2020)	July 15, 2020	July 15, 2020 PACER
33	NOTICE of Appearance by Kelly Riseden Bagby on behalf of AARP, AARP FOUNDATION, SAGE (Bagby, Kelly) (Entered: 07/15/2020)	July 15, 2020	July 15, 2020 PACER
34	Consent MOTION for Leave to File Brief Amicus Curiae by HOUSE OF REPRESENTATIVES (Attachments: # 1 Exhibit Proposed Brief, # 2 Text of Proposed Order)(Letter, Douglas) (Entered: 07/15/2020)	July 15, 2020	July 15, 2020 PACER
35	AMICUS BRIEF by AARP, AARP FOUNDATION, SAGE. (Bagby, Kelly) (Entered: 07/15/2020)	July 15, 2020	July 15, 2020 PACER
36	AMICUS BRIEF by HOUSE OF REPRESENTATIVES. (ztth) (Entered: 07/16/2020)	July 15, 2020	July 15, 2020 PACER
	MINUTE ORDER: The Court ORDERS that Amici's 32 Motion is GRANTED. As their proposed attached brief [32-1] violates the Local Rules' prohibition on excessive footnotes, however, it will not be deemed filed. Amici may file a brief with no more than 10 footnotes containing no more than 50 aggregate lines of text. So ORDERED by Judge James E. Boasberg on 07/15/2020. (lcjeb2)	July 15, 2020	July 15, 2020 PACER
	MINUTE ORDER: The Court ORDERS that Amicus's 34 Motion is GRANTED and its brief deemed FILED. So ORDERED by Judge James E. Boasberg on 07/15/2020. (lcjeb2)	July 15, 2020	July 15, 2020 PACER
	MINUTE ORDER: The Court ORDERS that the 30 Motion for Leave to File Amicus Brief is DENIED WITHOUT PREJUDICE for failure to comply with LCvR 7(o). So ORDERED by Judge James E. Boasberg on 07/15/2020. (lcjeb2)	July 15, 2020	July 15, 2020 PACER
37	ERRATA Notice by AARP, AARP FOUNDATION, SAGE 35 Amicus Brief filed by SAGE, AARP FOUNDATION, AARP. (Attachments: # 1 Exhibit Amici Curiae Brief of AARP, AARP Foundation and Sage)(Bagby, Kelly) (Entered: 07/20/2020)	July 20, 2020	July 20, 2020 PACER
	Set/Reset Deadlines: Answer due by 8/25/2020. Correction made to docket entry 28 at the request of counsel. (ztth)	July 21, 2020	July 21, 2020 PACER
38	NOTICE of Appearance by William Kerwin Lane, III on behalf of All Defendants (Lane, William) Modified on 7/24/2020 to correct docket text (rj). (Entered: 07/24/2020)	July 24, 2020	July 24, 2020 PACER
39	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 6/25/2020 (Dennehy, Johanna) (Entered: 07/24/2020)	July 24, 2020	July 24, 2020 PACER
40	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SEEMA VERMA served on 6/25/2020 (Dennehy, Johanna) (Entered: 07/24/2020)	July 24, 2020	July 24, 2020 PACER
41	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ROGER SEVERINO served on 6/25/2020 (Dennehy, Johanna) (Entered: 07/24/2020)	July 24, 2020	July 24, 2020 PACER
42	Memorandum in opposition to re 29 MOTION for Preliminary Injunction or, in the Alternative MOTION to Stay Pending Judicial Review Pursuant to 5 U.S.C. 705 filed by ALEX M. AZAR, II, ROGER SEVERINO, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Attachments: # 1 Text of Proposed Order)(Lane, William) (Entered: 07/24/2020)	July 24, 2020	July 24, 2020 PACER
43	REPLY to opposition to motion re 29 MOTION for Preliminary Injunction or, in the Alternative MOTION to Stay Pending Judicial Review Pursuant to 5 U.S.C. 705 filed by AGLP: THE ASSOCIATION OF LGBTQ PSYCHIATRISTS, AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC., ROBERT BOLAN, BRADBURY-SULLIVAN LGBT COMMUNITY CENTER, WARD CARPENTER, SARAH HENN, LOS ANGELES LGBT CENTER, RANDY PUMPHREY, TRANSLATIN@ COALITION, WHITMAN-WALKER CLINIC, INC.. (Attachments: # 1 Declaration of Omar Gonzalez-Pagan, # 2 Exhibit 1 - Defendants' Motion to Remand or Stay (Franciscan Alliance), # 3 Exhibit 2 - Plaintiffs' Motion for Summary Judgment (Franciscan Alliance), # 4 Exhibit 3 - Defendants' Motion to Modify Final Judgment (Franciscan Alliance), # 5 Exhibit 4 - Court Order dated Nov. 21, 2019 (Franciscan Alliance), # 6 Exhibit 5 - Lambda Legal Defense and Education Fund's Comments on Proposed Rule, # 7 Exhibit 6 - GLMA's Comments on Proposed Rule, # 8 Exhibit 7 - American Psychiatric Association's Comments on Proposed Rule, # 9 Exhibit 8 - American College of Obstetricians and Gynecologists' Comments on Proposed Rule, # 10 Exhibit 9 - State Insurance Commissioners of California et al. Comments on Proposed Rule, # 11 Exhibit 10 - Cities of New York et al. Comments on Proposed Rule, # 12 Exhibit 11 - National Center for Transgender Equality's Comments on Proposed Rule, # 13 Exhibit 12 - The California Endowment's Comments on Proposed Rule, # 14 Exhibit 13 - American Psychological Association's Response to Request for Information, # 15 Exhibit 14 - 9/1/17 Letter from James L. Madara, MD to Roger Severino, # 16 Exhibit 15 - New York Legal Assistance Group's Comments on Proposed Rule)(Dennehy, Johanna) (Entered: 07/29/2020)	July 29, 2020	July 29, 2020 PACER
	Minute Entry for proceedings held before Judge James E. Boasberg: Motion Hearing held on 8/3/2020 re 29 MOTION for Preliminary Injunction or, in the Alternative MOTION to Stay Pending Judicial Review Pursuant to 5 U.S.C. 705 filed by BRADBURY-SULLIVAN LGBT COMMUNITY CENTER, WARD CARPENTER, RANDY PUMPHREY, AGLP: THE ASSOCIATION OF LGBTQ PSYCHIATRISTS, ROBERT BOLAN, TRANSLATIN@ COALITION, AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC., SARAH HENN, WHITMAN-WALKER CLINIC, INC., LOS ANGELES LGBT CENTER. Oral arguments heard. Government Response due by 8/10/2020. (Court Reporter Lisa Griffith) (znbn)	Aug. 3, 2020	Aug. 3, 2020 PACER
44	NOTICE of Appearance by Josephine T. Morse on behalf of HOUSE OF REPRESENTATIVES (Morse, Josephine) (Entered: 08/04/2020)	Aug. 4, 2020	Aug. 4, 2020 PACER
45	ENTERED IN ERROR.....NOTICE (Clarification of Statement at Oral Argument) by AGLP: THE ASSOCIATION OF LGBTQ PSYCHIATRISTS, AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC., ROBERT BOLAN, BRADBURY-SULLIVAN LGBT COMMUNITY CENTER, WARD CARPENTER, SARAH HENN, LOS ANGELES LGBT CENTER, RANDY PUMPHREY, TRANSLATIN@ COALITION, WHITMAN-WALKER CLINIC, INC. re 29 MOTION for Preliminary Injunction or, in the Alternative MOTION to Stay Pending Judicial Review Pursuant to 5 U.S.C. 705 (Dennehy, Johanna); Modified on 8/7/2020 (ztth). (Entered: 08/06/2020)	Aug. 6, 2020	Aug. 6, 2020 PACER
46	TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 8-3-2020; Page Numbers: 1-50. Date of Issuance:8-7-2020. Court Reporter/Transcriber Lisa W Griffith, Telephone number (202) 354-3247, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced abo ve. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 8/28/2020. Redacted Transcript Deadline set for 9/7/2020. Release of Transcript Restriction set for 11/5/2020.(Griffith, Lisa) (Entered: 08/07/2020)	Aug. 7, 2020	Aug. 7, 2020 PACER
47	NOTICE (Clarification of Statement at Oral Argument) by AGLP: THE ASSOCIATION OF LGBTQ PSYCHIATRISTS, AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC., ROBERT BOLAN, BRADBURY-SULLIVAN LGBT COMMUNITY CENTER, WARD CARPENTER, SARAH HENN, LOS ANGELES LGBT CENTER, RANDY PUMPHREY, TRANSLATIN@ COALITION, WHITMAN-WALKER CLINIC, INC. re 29 MOTION for Preliminary Injunction or, in the Alternative MOTION to Stay Pending Judicial Review Pursuant to 5 U.S.C. 705 (Dennehy, Johanna) (Entered: 08/07/2020)	Aug. 7, 2020	Aug. 7, 2020 PACER
	NOTICE OF ERROR re 45 Notice (Other); emailed to jdennehy@steptoe.com, cc'd 34 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Docket Entry 45 was entered in error. The pleading should be filed in pleading format. See LCvR 5.1 (a). (ztth, )	Aug. 7, 2020	Aug. 7, 2020 PACER
48	SURREPLY to re 29 MOTION for Preliminary Injunction or, in the Alternative MOTION to Stay Pending Judicial Review Pursuant to 5 U.S.C. 705 filed by ALEX M. AZAR, II, ROGER SEVERINO, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Lane, William) (Entered: 08/10/2020)	Aug. 10, 2020	Aug. 10, 2020 PACER
49	NOTICE of Additional Developments in Franciscan Alliance Litigation by AGLP: THE ASSOCIATION OF LGBTQ PSYCHIATRISTS, AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC., ROBERT BOLAN, BRADBURY-SULLIVAN LGBT COMMUNITY CENTER, WARD CARPENTER, SARAH HENN, LOS ANGELES LGBT CENTER, RANDY PUMPHREY, TRANSLATIN@ COALITION, WHITMAN-WALKER CLINIC, INC. (Dennehy, Johanna) (Entered: 08/12/2020)	Aug. 12, 2020	Aug. 12, 2020 PACER
50	NOTICE OF SUPPLEMENTAL AUTHORITY by AGLP: THE ASSOCIATION OF LGBTQ PSYCHIATRISTS, AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC., ROBERT BOLAN, BRADBURY-SULLIVAN LGBT COMMUNITY CENTER, WARD CARPENTER, SARAH HENN, LOS ANGELES LGBT CENTER, RANDY PUMPHREY, TRANSLATIN@ COALITION, WHITMAN-WALKER CLINIC, INC. (Attachments: # 1 Exhibit 1 - Memorandum and Order, Walker v. Azar, No. 20-cv-02834 (E.D.N.Y. Aug. 17, 2020))(Dennehy, Johanna) (Entered: 08/17/2020)	Aug. 17, 2020	Aug. 17, 2020 PACER
51	MOTION for Extension of Time to File Answer re 1 Complaint,,, by ALEX M. AZAR, II, ROGER SEVERINO, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Attachments: # 1 Text of Proposed Order)(Lane, William) (Entered: 08/21/2020)	Aug. 21, 2020	Aug. 21, 2020 PACER
	MINUTE ORDER: If Plaintiffs oppose Defendants' 51 Motion for Extension, the Court ORDERS that they shall file such opposition by August 26, 2020. So ORDERED by Judge James E. Boasberg on 08/24/2020. (lcjeb2)	Aug. 24, 2020	Aug. 24, 2020 PACER
	Set/Reset Deadlines: Opposition due by 8/26/2020. (znbn)	Aug. 24, 2020	Aug. 24, 2020 PACER
52	RESPONSE re 51 MOTION for Extension of Time to File Answer re 1 Complaint,,, filed by AGLP: THE ASSOCIATION OF LGBTQ PSYCHIATRISTS, AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC., ROBERT BOLAN, BRADBURY-SULLIVAN LGBT COMMUNITY CENTER, WARD CARPENTER, SARAH HENN, LOS ANGELES LGBT CENTER, RANDY PUMPHREY, TRANSLATIN@ COALITION, WHITMAN-WALKER CLINIC, INC.. (Dennehy, Johanna) (Entered: 08/25/2020)	Aug. 25, 2020	Aug. 25, 2020 PACER
53	NOTICE of Appearance by Liam Holland on behalf of All Defendants (Holland, Liam) (Entered: 08/31/2020)	Aug. 31, 2020	Aug. 31, 2020 PACER
54	NOTICE OF SUPPLEMENTAL AUTHORITY by ALEX M. AZAR, II, ROGER SEVERINO, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Attachments: # 1 Exhibit)(Holland, Liam) (Entered: 08/31/2020)	Aug. 31, 2020	Aug. 31, 2020 PACER
55	ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that Plaintiffs' 29 Motion for a Preliminary Injunction or, in the Alternative, a Stay Pending Judicial Review is GRANTED IN PART and DENIED IN PART. Signed by Judge James E. Boasberg on 9/2/2020. (lcjeb1) (Entered: 09/02/2020)	Sept. 2, 2020	Sept. 2, 2020 PACER
56	MEMORANDUM OPINION re 55 Order on Motion for a Preliminary Injunction or, in the Alternative, a Stay Pending Judicial Review. Signed by Judge James E. Boasberg on 9/2/2020. (lcjeb1) (Entered: 09/02/2020)	Sept. 2, 2020	Sept. 2, 2020 Clearinghouse
	Set/Reset Deadlines: Answer due by 9/29/2020. (znbn)	Sept. 8, 2020	Sept. 8, 2020 PACER
	MINUTE ORDER: The Court ORDERS that Defendants' 51 Motion for Extension is GRANTED, and they may file their Answer by September 29, 2020. So ORDERED by Judge James E. Boasberg on 09/08/2020. (lcjeb2)	Sept. 8, 2020	Sept. 8, 2020 PACER
57	MOTION to Dismiss by ALEX M. AZAR, II, ROGER SEVERINO, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Holland, Liam) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020 PACER
58	MOTION to Compel Defendants to Produce the Administrative Record, MOTION to Hold in Abeyance re 57 MOTION to Dismiss, MOTION for Scheduling Order for Filing and Briefing Motions to Dismiss and/or Motions for Summary Judgment by AGLP: THE ASSOCIATION OF LGBTQ PSYCHIATRISTS, AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC., ROBERT BOLAN, BRADBURY-SULLIVAN LGBT COMMUNITY CENTER, WARD CARPENTER, SARAH HENN, LOS ANGELES LGBT CENTER, RANDY PUMPHREY, TRANSLATIN@ COALITION, WHITMAN-WALKER CLINIC, INC. (Attachments: # 1 Declaration of Omar Gonzalez-Pagan, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Dennehy, Johanna) (Entered: 10/06/2020)	Oct. 6, 2020	Oct. 6, 2020 PACER
59	NOTICE of Change of Address by Karen Loewy (Loewy, Karen) (Entered: 10/07/2020)	Oct. 7, 2020	Oct. 7, 2020 PACER
	MINUTE ORDER: The Court ORDERS that Plaintiffs need not respond to Defendants' 57 Motion to Dismiss until the Court resolves Plaintiffs' 58 Motion to Compel. So ORDERED by Judge James E. Boasberg on 10/07/2020. (lcjeb2)	Oct. 7, 2020	Oct. 7, 2020 PACER
60	Memorandum in opposition to re 58 MOTION to Compel Defendants to Produce the Administrative Record MOTION to Hold in Abeyance re 57 MOTION to Dismiss MOTION for Scheduling Order for Filing and Briefing Motions to Dismiss and/or Motions for Summary Judgment filed by ALEX M. AZAR, II, ROGER SEVERINO, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Holland, Liam) (Entered: 10/20/2020)	Oct. 20, 2020	Oct. 20, 2020 PACER
61	NOTICE OF WITHDRAWAL OF APPEARANCE as to AGLP: THE ASSOCIATION OF LGBTQ PSYCHIATRISTS, AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC., ROBERT BOLAN, BRADBURY-SULLIVAN LGBT COMMUNITY CENTER, WARD CARPENTER, SARAH HENN, LOS ANGELES LGBT CENTER, RANDY PUMPHREY, TRANSLATIN@ COALITION, WHITMAN-WALKER CLINIC, INC.. Attorney Jamie Avra Gliksberg terminated. (Gliksberg, Jamie) (Entered: 10/27/2020)	Oct. 27, 2020	Oct. 27, 2020 PACER
62	REPLY to opposition to motion re 58 MOTION to Compel Defendants to Produce the Administrative Record MOTION to Hold in Abeyance re 57 MOTION to Dismiss MOTION for Scheduling Order for Filing and Briefing Motions to Dismiss and/or Motions for Summary Judgment filed by AGLP: THE ASSOCIATION OF LGBTQ PSYCHIATRISTS, AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC., ROBERT BOLAN, BRADBURY-SULLIVAN LGBT COMMUNITY CENTER, WARD CARPENTER, SARAH HENN, LOS ANGELES LGBT CENTER, RANDY PUMPHREY, TRANSLATIN@ COALITION, WHITMAN-WALKER CLINIC, INC.. (Dennehy, Johanna) (Entered: 10/27/2020)	Oct. 27, 2020	Oct. 27, 2020 PACER
63	NOTICE OF APPEAL TO DC CIRCUIT COURT re 55 ORDER & 56 MEMORANDUM OPINION by ROGER SEVERINO, SEEMA VERMA, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, ALEX M. AZAR, II. Fee Status: No Fee Paid. Parties have been notified. (Holland, Liam) Modified to add linkage on 11/2/2020 (zrdj). (Entered: 10/31/2020)	Oct. 31, 2020	Oct. 31, 2020 PACER
64	Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 63 Notice of Appeal to DC Circuit Court. (zrdj) (Entered: 11/02/2020)	Nov. 2, 2020	Nov. 2, 2020 PACER
65	ORDER re 58 Motion to Compel. The Court ORDERS that: 1) Plaintiffs' 58 Motion to Compel is GRANTED IN PART and DENIED IN PART; 2) Defendants need not produce the administrative record at this point; 3) Plaintiffs shall have until December 18, 2020, to oppose Defendants' Motion; 4) Defendants shall have until January 19, 2021, to reply; and 5) The Court will not grant any portion of Defendants' Motion that Plaintiffs establish relies on the administrative record or that requires access to such record for Plaintiffs to respond. Signed by Judge James E. Boasberg on 11/3/2020. (lcjeb1) (Entered: 11/03/2020)	Nov. 3, 2020	Nov. 3, 2020 PACER
	Set/Reset Deadlines: Responses due by 12/18/2020. Replies due by 1/19/2021. (znbn)	Nov. 3, 2020	Nov. 3, 2020 PACER
	USCA Case Number 20-5331 for 63 Notice of Appeal to DC Circuit Court, filed by SEEMA VERMA, ROGER SEVERINO, ALEX M. AZAR, II, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (zrdj)	Nov. 9, 2020	Nov. 9, 2020 PACER
66	Memorandum in opposition to re 57 MOTION to Dismiss filed by AGLP: THE ASSOCIATION OF LGBTQ PSYCHIATRISTS, AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC., ROBERT BOLAN, BRADBURY-SULLIVAN LGBT COMMUNITY CENTER, WARD CARPENTER, SARAH HENN, LOS ANGELES LGBT CENTER, RANDY PUMPHREY, TRANSLATIN@ COALITION, WHITMAN-WALKER CLINIC, INC.. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Amy Nelson, # 3 Declaration of Kellan Valentin Pedroza)(Edelstein, Laura) (Entered: 12/18/2020)	Dec. 18, 2020	Dec. 18, 2020 PACER
67	NOTICE OF WITHDRAWAL OF APPEARANCE as to ALEX M. AZAR, II, ROGER SEVERINO, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. Attorney William Kerwin Lane, III terminated. (Lane, William) (Entered: 01/18/2021)	Jan. 18, 2021	Jan. 18, 2021 PACER
68	NOTICE OF WITHDRAWAL OF APPEARANCE as to HOUSE OF REPRESENTATIVES. Attorney Josephine T. Morse terminated. (Morse, Josephine) (Entered: 01/19/2021)	Jan. 19, 2021	Jan. 19, 2021 PACER
69	REPLY to opposition to motion re 57 MOTION to Dismiss filed by ALEX M. AZAR, II, ROGER SEVERINO, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Holland, Liam) (Entered: 01/19/2021)	Jan. 19, 2021	Jan. 19, 2021 PACER
	MINUTE ORDER: The Court ORDERS that the parties shall appear for a telephonic hearing on February 17, 2021, at 11:00 a.m. to discuss whether the change in administrations will have any effect on either side's position in this litigation. So ORDERED by Judge James E. Boasberg on 2/1/2021. (lcjeb1)	Feb. 1, 2021	Feb. 1, 2021 PACER
	Set/Reset Hearings: Status Conference set for 2/17/2021 at 11:00 AM in Telephonic/VTC before Judge James E. Boasberg. (znbn)	Feb. 1, 2021	Feb. 1, 2021 PACER
70	Joint MOTION to Stay Proceedings by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Holland, Liam) (Entered: 02/16/2021)	Feb. 16, 2021	Feb. 16, 2021 PACER
	Set/Reset Deadlines: Status Report due by 5/14/2021. Case Stayed. (nbn)	Feb. 16, 2021	Feb. 16, 2021 PACER
	MINUTE ORDER GRANTING Joint 70 Motion to Stay. The Court ORDERS that: 1) The case is STAYED; 2) The hearing set for February 17, 2021, at 11:00 a.m. is VACATED; and 3) The parties shall submit a joint status report by May 14, 2021. So ORDERED by Judge James E. Boasberg on 2/16/2021. (lcjeb1)	Feb. 16, 2021	Feb. 16, 2021 PACER
71	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Appendix 5/10/2021 HHS Notification of Interpretation and Enforcement of Section 1557 of the Affordable Care Act and Title IX of the Education Amendments of 1972)(Holland, Liam) (Entered: 05/14/2021)	May 14, 2021	May 14, 2021 PACER

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Case Details

State / Territory: District of Columbia

Case Type(s):

Public Benefits/Government Services

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 22, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A group of LGBTQ-focused private healthcare providers, organizations providing community services, health professional associations, and individual providers.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Health and Human Services (- United States (national) -), Federal

Defendant Type(s):