Case: Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY) v. U.S. Department of Health and Human Services

1:20-cv-11297 | U.S. District Court for the District of Massachusetts

Filed Date: July 9, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about a regulation promulgated by the United States Department of Health and Human Services (HHS) affecting protections against discrimination in healthcare on the basis of sex, which were created by the Affordable Care Act. In 2010, Congress passed the Affordable Care Act to increase the number of Americans with health insurance and to decrease the cost of healthcare. One provision in the law, Section 1557, aimed to protect against various forms of discrimination in healthcare and…

This case is about a regulation promulgated by the United States Department of Health and Human Services (HHS) affecting protections against discrimination in healthcare on the basis of sex, which were created by the Affordable Care Act.

In 2010, Congress passed the Affordable Care Act to increase the number of Americans with health insurance and to decrease the cost of healthcare. One provision in the law, Section 1557, aimed to protect against various forms of discrimination in healthcare and health insurance, including discrimination on the basis of sex. In 2016, HHS issued a regulation to clarify that Section 1557’s prohibition of sex discrimination included discrimination on the basis of pregnancy, false pregnancy, termination of pregnancy, childbirth, sex stereotyping, and gender identity. In June 2020, HHS promulgated a regulation to eliminate the 2016 rule’s definition of sex discrimination and sought to incorporate religious exemptions. The plaintiffs in this case claimed that the rescission of the broad definition of sex discrimination created by the 2016 rule would result in harm to transgender individuals.

The Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth, joined by several other LGBTQ+ support organizations, two private healthcare facilities providing services to LGBTQ+ people, and a transgender man needing access to medical treatment, brought this lawsuit on July 9, 2020 in the U.S. District Court for the District of Massachusetts against the United States Department of Health and Human Services and three of its individual agents. The plaintiffs sued under the Administrative Protection Act, seeking both declaratory and injunctive relief. The plaintiffs sought to vacate the new regulation and to delay the effective date of the regulation. In addition, they sought both preliminary and permanent injunctions to prevent the rule from taking effect. The plaintiffs requested a declaration that the regulation was unconstitutional under the Fifth Amendment.

The case was assigned to Judge Patti B. Saris. The case is ongoing.

Summary Authors

Nicholas Gillan (9/18/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17338216/parties/boston-alliance-of-gay-lesbian-bisexual-and-transgender-youth-bagly-v/


Judge(s)

Saris, Patti B. (Massachusetts)

Attorneys(s) for Plaintiff

Alekseyeva, Kristina (New York)

Banker, Michelle (District of Columbia)

Bautz, Peter William (New York)

Brown, David (New York)

Caraballo, Alejandra (New York)

Chandy, Sunu P. (District of Columbia)

Chapman, Eric (District of Columbia)

Costello, Kevin (Massachusetts)

Datla, Kirti (District of Columbia)

Judge(s)

Saris, Patti B. (Massachusetts)

Attorneys(s) for Plaintiff

Alekseyeva, Kristina (New York)

Banker, Michelle (District of Columbia)

Bautz, Peter William (New York)

Brown, David (New York)

Caraballo, Alejandra (New York)

Chandy, Sunu P. (District of Columbia)

Chapman, Eric (District of Columbia)

Costello, Kevin (Massachusetts)

Datla, Kirti (District of Columbia)

Egyes, Lynly (New York)

Ellsworth, Jessica Lynn (District of Columbia)

Gorodetsky, Lauren (District of Columbia)

Kettlewell, William H (Massachusetts)

Lewis, Noah (New York)

Mason, Dorianne (District of Columbia)

Melchert, Dale (California)

Sagar, Jo-Ann (District of Columbia)

Tomazic, Maryanne I (Massachusetts)

Attorneys(s) for Defendant

Holland, Liam (District of Columbia)

Documents in the Clearinghouse

Document

1:20-cv-11297

Docket

Sept. 11, 2020

Sept. 11, 2020

Docket
1

1:20-cv-11297

Complaint

July 9, 2020

July 9, 2020

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17338216/boston-alliance-of-gay-lesbian-bisexual-and-transgender-youth-bagly-v/

Last updated Aug. 4, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Seema Verma, Alex M. Azar, II, United States Department of Health and Human Services, Roger Severino Filing fee: $ 400, receipt number 0101-8322344 (Fee Status: Filing Fee paid), filed by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Darren Lazor, Transgender Emergency Fund of Massachusetts. (Attachments: # 1 Civil Cover Sheet, # 2 Local Civil Category Form, # 3 Summons - William P. Barr, # 4 Summons - Alex M. Azar, II, # 5 Summons - U.S. Attorney for the District of Massachusetts, # 6 Summons - U.S. Department of Health and Human Services, # 7 Summons - Roger Severino, # 8 Summons - Seema Verma)(Kettlewell, William) (Entered: 07/09/2020)

1 Civil Cover Sheet

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2 Local Civil Category Form

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3 Summons - William P. Barr

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4 Summons - Alex M. Azar, II

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5 Summons - U.S. Attorney for the District of Massachusetts

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6 Summons - U.S. Department of Health and Human Services

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7 Summons - Roger Severino

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8 Summons - Seema Verma

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July 9, 2020

July 9, 2020

RECAP
2

NOTICE of Appearance by Kevin Costello on behalf of Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Darren Lazor, Transgender Emergency Fund of Massachusetts (Costello, Kevin) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

RECAP
3

MOTION for Leave to Appear Pro Hac Vice for admission of Jessica Ellsworth, Kirti Datla, Jo-Ann Tamila Sagar, Erin Chapman, Kristina Alekseyeva, and Peter William Bautz Filing fee: $ 600, receipt number 0101-8322363 by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Darren Lazor, Transgender Emergency Fund of Massachusetts. (Attachments: # 1 Certificate of Jessica Ellsworth, # 2 Certificate of Kirti Datla, # 3 Certificate of Jo-Ann Tamila Sagar,, # 4 Certificate of Erin Chapman, # 5 Certificate of Kristina Alekseyeva, # 6 Certificate of Peter William Bautz)(Kettlewell, William) (Entered: 07/09/2020)

1 Certificate of Jessica Ellsworth

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2 Certificate of Kirti Datla

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3 Certificate of Jo-Ann Tamila Sagar,

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4 Certificate of Erin Chapman

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5 Certificate of Kristina Alekseyeva

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6 Certificate of Peter William Bautz

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July 9, 2020

July 9, 2020

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4

MOTION for Leave to Appear Pro Hac Vice for admission of Michelle Banker, Dorianne Mason, Sunu Chandy, Lauren Gorodetsky, Dale Melchert, and Lynly Egyes Filing fee: $ 600, receipt number 0101-8322369 by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Darren Lazor, Transgender Emergency Fund of Massachusetts. (Attachments: # 1 Certificate of Michelle Banker, # 2 Certificate of Dorianne Mason, # 3 Certificate of Sunu Chandy, # 4 Certificate of Lauren Gorodetsky, # 5 Certificate of Dale Melchert, # 6 Certificate of Lynly Egyes)(Kettlewell, William) (Entered: 07/09/2020)

1 Certificate of Michelle Banker

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2 Certificate of Dorianne Mason

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3 Certificate of Sunu Chandy

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4 Certificate of Lauren Gorodetsky

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5 Certificate of Dale Melchert

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6 Certificate of Lynly Egyes

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July 9, 2020

July 9, 2020

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5

MOTION for Leave to Appear Pro Hac Vice for admission of David Brown, Noah Lewis, and Alejandra Caraballo Filing fee: $ 300, receipt number 0101-8322371 by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Darren Lazor, Transgender Emergency Fund of Massachusetts. (Attachments: # 1 Certificate of David Brown, # 2 Certificate of Noah Lewis, # 3 Certificate of Alejandra Caraballo)(Kettlewell, William) (Entered: 07/09/2020)

1 Certificate of David Brown

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2 Certificate of Noah Lewis

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3 Certificate of Alejandra Caraballo

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July 9, 2020

July 9, 2020

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6

ELECTRONIC NOTICE of Case Assignment. Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
7

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Halley, Taylor) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

RECAP
8

Judge Patti B. Saris: ELECTRONIC ORDER entered granting 3 Motion for Leave to Appear Pro Hac Vice Added Jessica Ellsworth, Kirti Datla, Jo-Ann Tamila Sagar, Erin Chapman, Kristina Alekseyeva, and Peter William Bautz. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Baker, Casey) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
9

Judge Patti B. Saris: ELECTRONIC ORDER entered granting 4 Motion for Leave to Appear Pro Hac Vice Added Michelle Banker, Dorianne Mason, Sunu Chandy, Lauren Gorodetsky, Dale Melchert, and Lynly Egyes. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Baker, Casey) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
10

Judge Patti B. Saris: ELECTRONIC ORDER entered granting 5 Motion for Leave to Appear Pro Hac Vice Added David Brown, Noah Lewis, and Alejandra Caraballo. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Baker, Casey) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER

Order on Motion for Leave to Appear

July 14, 2020

July 14, 2020

PACER
11

SUMMONS Returned Executed as to US Attorney by Fenway Health, Campaign for Southern Equality, Transgender Emergency Fund of Massachusetts, Callen-Lorde Community Health Center, Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Darren Lazor, Equality California. Alex M. Azar, II served on 7/15/2020, answer due 9/14/2020; Roger Severino served on 7/15/2020, answer due 9/14/2020; United States Department of Health and Human Services served on 7/15/2020, answer due 9/14/2020; Seema Verma served on 7/15/2020, answer due 9/14/2020. (Kettlewell, William) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

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SUMMONS Returned Executed by Fenway Health, Campaign for Southern Equality, Transgender Emergency Fund of Massachusetts, Callen-Lorde Community Health Center, Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Darren Lazor, Equality California. (Kettlewell, William) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

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13

MOTION for Leave to Appear Pro Hac Vice for admission of Maryanne I. Tomazic Filing fee: $ 100, receipt number 0101-8364842 by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Darren Lazor, Transgender Emergency Fund of Massachusetts. (Attachments: # 1 Certificate of Maryanne I. Tomazic)(Kettlewell, William) (Entered: 08/07/2020)

1 Certificate of Maryanne I. Tomazic

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Aug. 7, 2020

Aug. 7, 2020

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14

Judge Patti B. Saris: ELECTRONIC ORDER entered granting 13 Motion for Leave to Appear Pro Hac Vice Added Maryanne I. Tomazic. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Baker, Casey) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER

Order on Motion for Leave to Appear

Aug. 10, 2020

Aug. 10, 2020

PACER
15

NOTICE of Appearance by Liam C. Holland on behalf of Alex M. Azar, II, Roger Severino, United States Department of Health and Human Services, Seema Verma (Holland, Liam) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
16

MOTION for Extension of Time to 10/14/20 to File Answer by Alex M. Azar, II, Roger Severino, United States Department of Health and Human Services, Seema Verma. (Attachments: # 1 Text of Proposed Order)(Holland, Liam) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
17

Judge Patti B. Saris: ELECTRONIC ORDER entered granting 16 Motion for Extension of Time to Answer. All defendants answer due on or before October 14, 2020. (Baker, Casey) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER

Order on Motion for Extension of Time to Answer

Sept. 11, 2020

Sept. 11, 2020

PACER
18

AMENDED COMPLAINT against Seema Verma, Alex M. Azar, II, United States Department of Health and Human Services, Roger Severino, filed by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Darren Lazor, Transgender Emergency Fund of Massachusetts, Indigenous Women Rising, NO/AIDS Task Force.(Kettlewell, William) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

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19

MOTION for Leave to File Excess Pages (Unopposed) and, Consent MOTION for a Briefing Schedule ( Responses due by 10/23/2020) by Alex M. Azar, II, Roger Severino, United States Department of Health and Human Services, Seema Verma.(Holland, Liam) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
20

Judge Patti B. Saris: ELECTRONIC ORDER entered granting 19 MOTION for Leave to File Excess Pages (Unopposed) and, Consent MOTION for a Briefing Schedule. Motion to Dismiss and Memorandum due 10/14/2020, Opposition due 11/18/2020, and Reply due 12/9/2020. (Baker, Casey) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER

Order on Motion for Miscellaneous Relief AND Order on Motion for Leave to File Excess Pages

Oct. 13, 2020

Oct. 13, 2020

PACER
21

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Responses due by 10/28/2020) by Alex M. Azar, II, Roger Severino, United States Department of Health and Human Services, Seema Verma.(Holland, Liam) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
22

MEMORANDUM in Support re 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Alex M. Azar, II, Roger Severino, United States Department of Health and Human Services, Seema Verma. (Holland, Liam) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

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23

ELECTRONIC NOTICE Setting Scheduling Conference and Hearing on Motion 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing and 16b Scheduling Conference set for 1/26/2021 02:30 PM in Remote Proceeding : Boston before Judge Patti B. Saris. (Baker, Casey) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

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24

MOTION for Leave to Appear Pro Hac Vice for admission of Alexander Chen Filing fee: $ 100, receipt number 0101-8501669 by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Indigenous Women Rising, Darren Lazor, NO/AIDS Task Force, Transgender Emergency Fund of Massachusetts. (Attachments: # 1 Affidavit of Alexander Chen)(Costello, Kevin) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER
25

Judge Patti B. Saris: ELECTRONIC ORDER entered granting 24 Motion for Leave to Appear Pro Hac Vice Added Alexander Chen. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Baker, Casey) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER

Order on Motion for Leave to Appear

Nov. 9, 2020

Nov. 9, 2020

PACER
26

MOTION for Leave to File Amicus Brief by Harvard Law School LGBTQ+ Advocacy Clinic. (Attachments: # 1 Proposed Amicus Brief)(Chen, Alexander) (Entered: 11/18/2020)

Nov. 18, 2020

Nov. 18, 2020

PACER
27

MEMORANDUM in Opposition re 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Indigenous Women Rising, Darren Lazor, NO/AIDS Task Force, Transgender Emergency Fund of Massachusetts. (Attachments: # 1 Exhibit A: Declaration of Jasmine Beach-Ferrara, Executive Director of Campaign for Southern Equality, # 2 Exhibit B: Declaration of Chastity Bowick, Director of the Transgender Emergency Fund of Massachusetts, # 3 Exhibit C: Declaration of Ivy Hill, Community Health Program Director of Campaign for Southern Equality, # 4 Exhibit D: Declaration of Ellen LaPointe, Chief Executive Office of Fenway Health, # 5 Exhibit E: Declaration of Darren Lazor, Member of Equality California, # 6 Exhibit F: Declaration of Rachael Lorenzo, Co-founder of Indigenous Women Rising, # 7 Exhibit G: Declaration of Alice Riener, Chief of Staff of NO/AIDS Task Force, d/b/a CrescentCare, # 8 Exhibit H: Declaration of Galina Mae Smith, Health Programs Manager at the Boston Alliance of Lesbian, Gay, Bisexual, Transgender, Queer Youth, # 9 Exhibit I: Declaration of Wendy Stark, Executive Director of Callen-Lorde Community Health Center, # 10 Exhibit J: Declaration of Grace Sterling Stowell, Executive Director of the Boston Alliance of Lesbian, Gay, Bisexual, Transgender, Queer Youth, # 11 Exhibit K: Declaration of Stephe Thayer Koontz, Member of Campaign for Southern Equality, # 12 Exhibit L: Declaration of Noel Twilbeck, Chief Executive Officer of NO/AIDS Task Force, d/b/a CrescentCare, # 13 Exhibit M: Declaration of Rick Zbur, Executive Director of Equality California)(Datla, Kirti) (Entered: 11/18/2020)

1 Exhibit A: Declaration of Jasmine Beach-Ferrara, Executive Director of Campaign

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2 Exhibit B: Declaration of Chastity Bowick, Director of the Transgender Emergenc

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3 Exhibit C: Declaration of Ivy Hill, Community Health Program Director of Campai

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4 Exhibit D: Declaration of Ellen LaPointe, Chief Executive Office of Fenway Heal

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5 Exhibit E: Declaration of Darren Lazor, Member of Equality California

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6 Exhibit F: Declaration of Rachael Lorenzo, Co-founder of Indigenous Women Risin

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7 Exhibit G: Declaration of Alice Riener, Chief of Staff of NO/AIDS Task Force, d

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8 Exhibit H: Declaration of Galina Mae Smith, Health Programs Manager at the Bost

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9 Exhibit I: Declaration of Wendy Stark, Executive Director of Callen-Lorde Commu

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10 Exhibit J: Declaration of Grace Sterling Stowell, Executive Director of the Bos

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11 Exhibit K: Declaration of Stephe Thayer Koontz, Member of Campaign for Southern

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12 Exhibit L: Declaration of Noel Twilbeck, Chief Executive Officer of NO/AIDS Tas

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13 Exhibit M: Declaration of Rick Zbur, Executive Director of Equality California

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Nov. 18, 2020

Nov. 18, 2020

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28

NOTICE of Appearance by Taleah E. Jennings on behalf of Scholars of the LGBT Population (Jennings, Taleah) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

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29

MOTION for Leave to File Amicus Brief by Scholars of the LGBT Population. (Attachments: # 1 Exhibit 1-Proposed AMICUS CURIAE BRIEF in opposition)(Jennings, Taleah) (Entered: 11/20/2020)

1 Exhibit 1-Proposed AMICUS CURIAE BRIEF in opposition

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Nov. 20, 2020

Nov. 20, 2020

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Judge Patti B. Saris: ELECTRONIC ORDER entered granting 26 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Baker, Casey) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
31

Judge Patti B. Saris: ELECTRONIC ORDER entered granting 29 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Baker, Casey) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
32

AMICUS BRIEF filed by Harvard Law School LGBTQ Advocacy Clinic . (Chen, Alexander) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

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Order on Motion for Leave to File Document

Dec. 3, 2020

Dec. 3, 2020

PACER
33

REPLY to Response to 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Alex M. Azar, II, Scholars of the LGBT Population, Roger Severino, United States Department of Health and Human Services, Seema Verma. (Holland, Liam) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

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34

AMICUS BRIEF filed by Scholars of the LGBT Population Leave Granted December 3, 2020. (Jennings, Taleah) (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

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35

JOINT SUBMISSION pursuant to Local Rule 16.1 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

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Joint CERTIFICATION pursuant to Local Rule 16.1 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
37

ELECTRONIC NOTICE - Previously set Motion Hearing has been converted to a Status Conference.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Status Conference set for 1/26/2021 02:30 PM in Remote Proceeding : Boston before Judge Patti B. Saris. (Baker, Casey) (Entered: 01/21/2021)

Jan. 21, 2021

Jan. 21, 2021

PACER

Notice of Hearing

Jan. 21, 2021

Jan. 21, 2021

PACER
38

Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Status Conference held on 1/26/2021 by Video. ORDERED: Status Report due on 3/17/2021.... Letter to the court re: any conflicts shall be filed on or before 2/5/2021. Hearing on Motion to Dismiss is RESET TO 3/24/2021 09:30 AM in Remote Proceeding: Boston before Judge Patti B. Saris. (Court Reporter: Alice Moran alice.moran@verizon.net.) (Molloy, Maryellen) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER
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ELECTRONIC NOTICE Resetting Motion hearing to 3/24/2021 at 9:30am re: 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : This hearing will be conducted by VIDEO CONFERENCE. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing RESET TO 3/24/2021 09:30 AM in Remote Proceeding : Boston before Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER

Status Conference

Jan. 26, 2021

Jan. 26, 2021

PACER

Notice Setting or Resetting Hearing on Motion

Jan. 26, 2021

Jan. 26, 2021

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40

Letter/request (non-motion) from Harvard Law School Office of Clinical Programs regarding the conflict issue raised by the Court on January 26, 2021. (Costello, Kevin) (Entered: 02/04/2021)

Feb. 4, 2021

Feb. 4, 2021

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41

MOTION to Stay Proceedings by United States Department of Health and Human Services. (Attachments: # 1 Text of Proposed Order)(Holland, Liam) (Entered: 03/03/2021)

1 Text of Proposed Order

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March 3, 2021

March 3, 2021

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42

Opposition re 41 MOTION to Stay Proceedings filed by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Indigenous Women Rising, Darren Lazor, NO/AIDS Task Force, Transgender Emergency Fund of Massachusetts. (Costello, Kevin) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

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43

STATUS REPORT by United States Department of Health and Human Services. (Holland, Liam) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

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44

ELECTRONIC NOTICE Canceling Hearing. Motion hearing previously scheduled for 3/24/2021 is CANCELED. (Lara, Miguel) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
45

ELECTRONIC NOTICE Setting Hearing on Motion 41 MOTION to Stay Proceedings : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 5/10/2021 09:30 AM in Remote Proceeding : Boston before Judge Patti B. Saris. (Lara, Miguel) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER

Notice Cancelling Hearing

March 18, 2021

March 18, 2021

PACER

Notice Setting or Resetting Hearing on Motion

March 18, 2021

March 18, 2021

PACER
46

ELECTRONIC NOTICE issued requesting courtesy copy for 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 22 Memorandum in Support of Motion, 33 Reply to Response to Motion, 27 Memorandum in Opposition to Motion, 41 MOTION to Stay Proceedings, 42 Opposition to Motion,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by 4/30/2021. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Baker, Casey) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER

Notice requesting courtesy copy

April 22, 2021

April 22, 2021

PACER
47

Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: 5/10/2021 Status hearing held video on all pending matters. ORDERED: ALL DISCOVERY STAYED...MOTION Dismiss scheduled for 6/3/2021 02:30 PM in REMOTE PROCEEDING: Boston before Judge Patti B. Saris. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

PACER
48

Judge Patti B. Saris: ELECTRONIC ORDER entered re 41 MOTION to Stay Proceedings. "Denied for reasons stated on the record at the hearing held on 5/10/2021." (Baker, Casey) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

PACER
49

STATUS REPORT by United States Department of Health and Human Services. (Holland, Liam) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

RECAP
50

NOTICE by United States Department of Health and Human Services re 49 Status Report 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: 05/10/2021)

May 10, 2021

May 10, 2021

RECAP

Hearing - Other

May 10, 2021

May 10, 2021

PACER

Order on Motion to Stay

May 10, 2021

May 10, 2021

PACER
51

STATUS REPORT of Plaintiffs by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Indigenous Women Rising, Darren Lazor, NO/AIDS Task Force, Transgender Emergency Fund of Massachusetts. (Costello, Kevin) (Entered: 06/01/2021)

June 1, 2021

June 1, 2021

RECAP
52

Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Motion Hearing held on 6/3/2021 by VIDEO re 21 MOTION to Dismiss for Lack of Jurisdiction. ORDERED: Plaintiff may file supplements by 6/17/21 and or file a letter on ECF informing the court what date would be best to submit further briefs. Motion taken under advisement.(Atty present: Atty Kettlewell, Ausa Holland, Atty Datla)(Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER

Motion Hearing

June 3, 2021

June 3, 2021

PACER
53

NOTICE of Withdrawal of Appearance by William H. Kettlewell for Kirti Datla (pro hac vice) (Kettlewell, William) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

RECAP
54

Transcript of Motion Hearing held on June 3, 2021, before Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com. Redaction Request due 7/6/2021. Redacted Transcript Deadline set for 7/15/2021. Release of Transcript Restriction set for 9/13/2021. (Coppola, Katelyn) (Entered: 06/16/2021)

June 14, 2021

June 14, 2021

PACER
55

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) (Entered: 06/16/2021)

June 14, 2021

June 14, 2021

PACER

Notice of Filing of Official Transcript

June 16, 2021

June 16, 2021

PACER
56

NOTICE by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Indigenous Women Rising, Darren Lazor, NO/AIDS Task Force, Transgender Emergency Fund of Massachusetts of Filing of Supplemental Declarations (Attachments: # 1 Exhibit A (Declaration of Katie Keith), # 2 Exhibit B (Declaration of Rachael Lorenzo))(Costello, Kevin) (Entered: 06/17/2021)

1 Exhibit A (Declaration of Katie Keith)

View on PACER

2 Exhibit B (Declaration of Rachael Lorenzo)

View on PACER

June 17, 2021

June 17, 2021

RECAP
57

MOTION for Extension of Time to File Response/Reply to Plaintiffs opportunity to supplement the record in support of their standing and to the Courts inquiries up to and including July 15, 2021 by United States Department of Health and Human Services. (Attachments: # 1 Text of Proposed Order)(Holland, Liam) (Entered: 06/29/2021)

June 29, 2021

June 29, 2021

PACER
58

Judge Patti B. Saris: ELECTRONIC ORDER entered granting 57 Motion for Extension of Time to File Response/Reply Response due by 7/15/2021 (PBS, law1) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply

June 30, 2021

June 30, 2021

PACER
59

Supplemental MEMORANDUM in Support re 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM RESPONSE TO PLAINTIFFS OPPORTUNITY TO SUPPLEMENT THE RECORD IN SUPPORT OF THEIR STANDING filed by United States Department of Health and Human Services. (Attachments: # 1 Exhibit 2020 Out2Enroll Report, # 2 Exhibit 2018 Cigna Policy Re Treatment for Gender Dysphoria, # 3 Exhibit Declaration of Dr. Greggory Woitte, # 4 Exhibit 2019 Leonhardt Article)(Holland, Liam) (Entered: 07/15/2021)

1 Exhibit 2020 Out2Enroll Report

View on PACER

2 Exhibit 2018 Cigna Policy Re Treatment for Gender Dysphoria

View on PACER

3 Exhibit Declaration of Dr. Greggory Woitte

View on PACER

4 Exhibit 2019 Leonhardt Article

View on PACER

July 15, 2021

July 15, 2021

RECAP
60

NOTICE of Withdrawal of Appearance by William H. Kettlewell for Erin Chapman (pro hac vice) (Kettlewell, William) (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

PACER
61

NOTICE of Withdrawal of Appearance by William H. Kettlewell for Kristina Alekseyeva (pro hac vice) (Kettlewell, William) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

PACER
62

NOTICE of Withdrawal of Appearance by William H. Kettlewell of Alejandra Caraballo (Kettlewell, William) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
63

Judge Patti B. Saris: ORDER entered. MEMORANDUM AND ORDER re 21 Motion to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Pezzarossi, Lisa) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

RECAP
64

Assented to MOTION for Extension of Time to File Answer Until 21 Days After the Court Decides HHS's Forthcoming Motion for Voluntary Remand by United States Department of Health and Human Services. (Attachments: # 1 Text of Proposed Order)(Holland, Liam) (Entered: 08/26/2021)

1 Text of Proposed Order

View on PACER

Aug. 26, 2021

Aug. 26, 2021

RECAP
65

Judge Patti B. Saris: ELECTRONIC ORDER entered granting 64 Motion for Extension of Time to Answer. Answer is due 21 Days After the Court Decides HHS's Forthcoming Motion for Voluntary Remand. (PBS, law6) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

PACER

Order on Motion for Extension of Time to Answer

Aug. 27, 2021

Aug. 27, 2021

PACER
66

MOTION to Remand to Agency by United States Department of Health and Human Services. (Attachments: # 1 Text of Proposed Order)(Holland, Liam) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
67

MEMORANDUM in Support re 66 MOTION to Remand to Agency filed by United States Department of Health and Human Services. (Holland, Liam) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
68

DECLARATION re 66 MOTION to Remand to Agency of Robinsue Frohboese by United States Department of Health and Human Services. (Holland, Liam) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
69

MOTION for Extension of Time to October 13, 2021 to File Response/Reply to Defendants' Motion to Remand by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Indigenous Women Rising, Darren Lazor, NO/AIDS Task Force, Transgender Emergency Fund of Massachusetts. (Attachments: # 1 Text of Proposed Order)(Kettlewell, William) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

PACER
70

NOTICE of Withdrawal of Appearance by William H. Kettlewell for Lauren Gorodetsky (pro hac vice) (Kettlewell, William) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

PACER
71

NOTICE of Withdrawal of Appearance by David Brown for Noah Lewis (Brown, David) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
72

Opposition re 66 MOTION to Remand to Agency filed by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Indigenous Women Rising, Darren Lazor, NO/AIDS Task Force, Transgender Emergency Fund of Massachusetts. (Costello, Kevin) (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

RECAP
76

Judge Patti B. Saris: ENDORSED ORDER entered ALLOWED 69 MOTION for Extension of Time to October 13, 2021 to File Response/Reply to Defendants' Motion to Remand. (Geraldino-Karasek, Clarilde) (Entered: 10/05/2021)

Sept. 30, 2021

Sept. 30, 2021

PACER
73

Transcript of Motion Hearing held on May 10, 2021, before Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com. Redaction Request due 10/22/2021. Redacted Transcript Deadline set for 11/1/2021. Release of Transcript Restriction set for 12/30/2021. (Coppola, Katelyn) (Entered: 10/04/2021)

Oct. 1, 2021

Oct. 1, 2021

PACER
74

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) (Entered: 10/04/2021)

Oct. 1, 2021

Oct. 1, 2021

PACER

Notice of Filing of Official Transcript

Oct. 4, 2021

Oct. 4, 2021

PACER
75

ELECTRONIC NOTICE Setting Hearing on 66 MOTION to Remand to Agency : MOTION HEARING SET FOR 10/18/2021 09:30 AM in REMOTE PROCEEDING : Boston before Judge Patti B. Saris. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Geraldino-Karasek, Clarilde) (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

PACER

Notice Setting or Resetting Hearing on Motion

Oct. 5, 2021

Oct. 5, 2021

PACER
77

MOTION for Leave to File Reply Memorandum in Support of Voluntary Remand by United States Department of Health and Human Services. (Attachments: # 1 Proposed Reply Memorandum)(Holland, Liam) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER
78

Judge Patti B. Saris: ELECTRONIC ORDER entered Allowed 77 Motion for Leave to File Document; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Geraldino-Karasek, Clarilde) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER

Order on Motion for Leave to File Document

Oct. 14, 2021

Oct. 14, 2021

PACER
79

REPLY to Response to 66 MOTION to Remand to Agency filed by United States Department of Health and Human Services. (Holland, Liam) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

RECAP

Case Details

State / Territory: Massachusetts

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 9, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A transgender man who regularly needs to access medical treatment,and who uses health insurance coverage; two private healthcare facilities that provide healthcare services to LGBTQ+ people; and four organizations that provide a wide range of services, such as facilitating access to healthcare for the LGBTQ+ community

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

National Women's Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Health and Human Services (Washington, DC), Federal

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Abortion

Gay/lesbian/transgender

Discrimination-area:

Medical Exam / Inquiry

Discrimination-basis:

Gender identity

Language discrimination

Pregnancy discrimination

Sex discrimination

Medical/Mental Health:

Reproductive health care (including birth control, abortion, and others)