Case: Toomey v. State of Arizona

4:19-cv-00035 | U.S. District Court for the District of Arizona

Filed Date: Jan. 23, 2019

Case Ongoing

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Case Summary

On January 23, 2019, a transgender man employed as an associate professor at the University of Arizona filed this lawsuit against the State, the Arizona Board of Regents, and the Arizona Department of Administration in United States District Court for the District of Arizona. The State provides healthcare coverage to state employees through a plan run by the Arizona Department of Administration. Although the plan generally covers medically necessary care, it categorically denies coverage for gender reassignment surgery. The plaintiff alleged violations of both Title VII of the Civil Rights Act of 1964 and the Equal Protection Clause of the 14th Amendment. Represented by the ACLU of Arizona, the plaintiff sought declaratory and injunctive relief. The injunctive relief, if obtained, would require the defendants to remove the categorical exclusion of coverage for gender reassignment surgery and determine the medical necessity of such surgery on a case-by-case basis, in accordance with the plan’s generally applicable standards. The case was assigned to Judge Rosemary Marquez. On March 2, 2020, the plaintiff filed an amended complaint substituting the Interim Director of the Arizona Department of Administration for the new Director of the Department, but the new complaint had no other changes.

Arizona and the Department of Administration filed a motion to dismiss on March 1, 2019. The court denied the motion on December 23, 2019, holding that the plaintiff did not fail to exhaust the administrative remedies in the plan or those built into Title VII. The court also held that sovereign immunity did not bar the action because the plaintiff sought prospective relief in the form of an injunction, and it held that the Title VII and Equal Protection Clause claims had sufficient factual and legal bases to survive a motion to dismiss. 2019 WL 7172144.

On April 5, 2019, the plaintiff filed a motion to certify two classes. The first proposed class was related to the Title VII claim and included “[c]urrent and future employees of the Arizona Board of Regents who are or will be enrolled in the [plan] and who have or will have medical claims for transition related surgical care.” The second proposed class – regarding the Equal Protection Clause claim – was identical, except that it included “Arizona State employees and their dependents” as well. On June 15, 2020, the court, following Magistrate Judge Leslie A. Bowman’s May 12, 2020, report and recommendation, certified the proposed classes. 2020 WL 3197647.

The plaintiff filed a motion for a preliminary injunction on September 1, 2020, and on February 26, 2021, the court ruled on the motion, partially adopting the magistrate judge’s report and recommendation. It found that the plaintiff’s requested relief constituted a mandatory injunction—that is, an injunction that would alter, rather than preserve, the status quo. The court also noted that the preliminary injunction’s relief was identical to that which the plaintiff ultimately sought. Since the court found that the state employee did not meet the heightened standard for a mandatory injunction, the judge denied the motion. 2021 WL 753721.

The parties engaged in protracted discovery-related disputes regarding what is ultimately disclosable and what might be subject to protective orders. The court granted a number of plaintiff's motions to compel the production of documents. The defendants' appealed one such motion to compel, granted by the trial court in June 2021, to the Court of Appeals for the Ninth Circuit. On April 14, 2022 the Court of Appeals for the Ninth Circuit denied the defendants' petition for writ of mandamus challenging the district court's order granting the motion to compel. 2022 WL 1117113.

On April 21, 2022 the defendants filed a motion for reconsideration and to stay the order that compelled documents. The defendants argued that they had not asserted the advice of counsel defense, but also disclaimed that they would assert the defense at trial or at any future stage of the case. They argued that this clarification refuted the plaintiff's argument that, as a matter of fairness, plaintiff needed access to the legal advice the defendants may have received regarding the legality of excluding transgender surgeries at issue in this case in order to address the advice of counsel defense in this litigation. On May 25, 2022 the court took the defendants' motion for reconsideration under advisement and granted the stay.

On August 9, 2022 the court granted the motion for reconsideration and the court's September 21, 2021 order directing defendants to produce the attorney-client privileged documents at issue was vacated. The court granted the motion but precluded the defendants "from arguing in their defense that they had a good-faith subjective belief in the legality of their decision to maintain the exclusion for gender reassignment surgery." 2022 WL 1452747.

The defendants filed a motion for summary judgment on September 26, 2022. They argued that plaintiffs first claim could not satisfy the McDonnell-Douglas standard for Title VII discrimination and that the rule was not facially discriminatory. They argued that because the exclusion applies to all gender reassignment surgery and does not target on specific gender it was not facially discriminatory. As to plaintiff's equal protection claim, the defendants argued that the exclusion related to a legitimate state interest, namely cost containment and reducing healthcare costs. The plaintiff also filed a motion for summary judgment on the same day. While their motions for summary judgment were pending, the parties began engaging in settlement negotiations.

Due to the retirement of Magistrate Judge Leslie A Bowman, the case was reassigned to Magistrate Judge Michael A Ambri on May 2, 2023.

On July 7, 2023, the plaintiff filed a consent motion to approve consent judgment. Under this consent agreement, defendants agreed to be permanently enjoined from administering any health plan which categorically excludes coverage of medically necessary care to treat gender dysphoria. When determining whether gender-affirming care was covered under the healthcare plan, the defendants would evaluate whether the care was “medically necessary,” the same standard used for all other forms of healthcare. The defendants also agreed to pay the certified classes $500,000 in attorneys’ fees.

The district court ruled on parties’ consent on September 29, 2023. The court granted the injunctive relief laid out in the consent agreement, but ordered that defendants were only required to pay $375,000 in attorneys’ fees. The court also dismissed both parties’ motions for summary judgement as moot.

As of October 8, 2023, this case is still open.

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Summary Authors

Evan Gamza (2/11/2022)

Rhea Sharma (5/5/2023)

Sarah Portwood (10/8/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14739642/parties/toomey-v-arizona-state-of/

Judge(s)

Attorney for Plaintiff

Block, Joshua A (Arizona)

Brizgys, Molly (Arizona)

Brody, Kathleen E (Arizona)

Attorney for Defendant

Abdo, Amy (Arizona)

Berg, Timothy J (Arizona)

Expert/Monitor/Master/Other

Judge(s)

Marquez, Rosemary (Arizona)

Attorney for Plaintiff

Block, Joshua A (Arizona)

Brizgys, Molly (Arizona)

Brody, Kathleen E (Arizona)

Cooper, Leslie (Arizona)

Freimuth, Matthew Stephen (Arizona)

Garbacz, Justin (Arizona)

Lieberman, Martin (Arizona)

Lopez, Victoria (Arizona)

Macre, Heather Ann (Arizona)

Powell, Wesley R (Arizona)

Reddick, Nicholas MH (Arizona)

Sheets, Victoria A (Arizona)

Shields, James Burr (Arizona)

Virden, Natalie Brooke (Arizona)

Wall, Jordan C (Arizona)

Wee, Christine Keeyeh (Arizona)

Attorney for Defendant

Abdo, Amy (Arizona)

Berg, Timothy J (Arizona)

Burns, Catherine Christine (Arizona)

Carter, Alison Pulaski (Arizona)

Cohan, Shannon Eileen (Arizona)

Curtis, Ryan Cannon (Arizona)

Eckstein, Paul F (Arizona)

King, Kathryn H (Arizona)

O'Keefe, Sarah Nicole (Arizona)

Oller, Robert Shawn (Arizona)

Prynkiewicz, Peter Christopher (Arizona)

Yost, Austin Clark (Arizona)

Expert/Monitor/Master/Other

Ensign, Drew Curtis (Arizona)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 4:19-cv-00035	Complaint	Jan. 23, 2019	Jan. 23, 2019 Complaint
69 4:19-cv-00035	Order	Dec. 23, 2019	Dec. 23, 2019 Order/Opinion 2019 WL 2019
86 4:19-cv-00035	Amended Complaint	March 2, 2020	March 2, 2020 Complaint
105 4:19-cv-00035	Report and Recommendation	May 12, 2020	May 12, 2020 Magistrate Report/Recommendation 2020 WL 2020
108 4:19-cv-00035	Order	June 15, 2020	June 15, 2020 Order/Opinion 2020 WL 2020
134 4:19-cv-00035	Report and Recommendation	Nov. 30, 2020	Nov. 30, 2020 Magistrate Report/Recommendation 2020 WL 2020
162 4:19-cv-00035	Order	Feb. 26, 2021	Feb. 26, 2021 Order/Opinion 2021 WL 2021
278 4:19-cv-00035	Order	Aug. 9, 2022	Aug. 9, 2022 Order/Opinion 2022 WL 2022
361 4:19-cv-00035	Order	Sept. 29, 2023	Sept. 29, 2023 Order/Opinion 2023 WL 2023

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Resources

Title	Description		External URL Date / External URL
Toomey v. State of Arizona ACLU	On January 23, 2019, the American Civil Liberties Union, and the American Civil Liberties Union of Arizona filed a class action lawsuit against the State of Arizona and the Arizona Board of Regents f…	Sept. 22, 2023	Sept. 22, 2023 https://www.aclu.org/...
Fact Sheet: Protecting and Advancing Health Care for Transgender Adult Communities Caroline Medina	New data and analysis reveal important health disparities and barriers to care for transgender adults and what can be done to address these issues.	Aug. 25, 2021	Aug. 25, 2021 https://www.americanprogress.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/14739642/toomey-v-arizona-state-of/

Last updated Feb. 26, 2024, 3:02 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16436502 filed by Russell B Toomey.(Macre, Heather) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Corporate Disclosure)(ARC) Modified to Seal Exhibit 3 only pursuant to Order at Doc. 20 on 2/20/2019 (MFR). (Entered: 01/24/2019) 1 Civil Cover Sheet View on PACER 2 Exhibit View on PACER 4 Corporate Disclosure View on PACER	Jan. 23, 2019	Jan. 23, 2019 Clearinghouse
2	SUMMONS Submitted by Russell B Toomey. (Macre, Heather) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons)(ARC) (Entered: 01/24/2019)	Jan. 23, 2019	Jan. 23, 2019 PACER
3	Filing fee paid, receipt number 0970-16436502. This case has been assigned to the Honorable Lynnette C Kimmins. All future pleadings or documents should bear the correct case number: CV-19-35-TUC-LCK. Magistrate Election form attached. (ARC) (Entered: 01/24/2019)	Jan. 23, 2019	Jan. 23, 2019 PACER
4	NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ARC) (Entered: 01/24/2019)	Jan. 24, 2019	Jan. 24, 2019 PACER
5	Summons Issued as to All Defendants. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons)(ARC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 01/24/2019)	Jan. 24, 2019	Jan. 24, 2019 PACER
6	NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Russell B Toomey. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ARC) (Entered: 01/24/2019)	Jan. 24, 2019	Jan. 24, 2019 PACER
7	NOTICE re: Plaintiffs Election of District Judge Option by Russell B Toomey re: 3 New Case Opened 01/24/2019. (Macre, Heather) (Entered: 01/25/2019)	Jan. 25, 2019	Jan. 25, 2019 PACER
10	Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAC) (Entered: 01/31/2019)	Jan. 29, 2019	Jan. 29, 2019 PACER
11	MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. IT IS ORDERED this Case is reassigned by random draw to Senior District Judge, Frank R Zapata. All further pleadings/papers should now list the following COMPLETE case number: CV-19-00035-TUC-FRZ. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.(BAC) (Entered: 01/31/2019)	Jan. 29, 2019	Jan. 29, 2019 PACER
	Remark: Pro hac vice motion granted for Leslie J Cooper on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)	Jan. 31, 2019	Jan. 31, 2019 PACER
	Remark: Pro hac vice motion granted for Joshua Block on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)	Feb. 1, 2019	Feb. 1, 2019 PACER
12	ORDER this case is reassigned by random lot to the Honorable Judge Rosemary Marquez. Counsel and the parties shall designate all further filings in this case as: CV 19-00035-TUC-RM. Signed by Senior Judge Frank R Zapata on 2/4/2019. (KEP) (Entered: 02/04/2019)	Feb. 4, 2019	Feb. 4, 2019 PACER
13	ORDER this case is referred to Magistrate Judge Lynette C. Kimminsfor all pretrial proceedings and report and recommendation. All future filings in this case shall be designated: CV-19-00035-TUC-RM (LCK). Signed by Judge Rosemary Marquez on 2/5/2019. (KEP) (Entered: 02/05/2019)	Feb. 5, 2019	Feb. 5, 2019 PACER
14	NOTICE of Appearance by Kathryn H King on behalf of Arizona, State of, Gilbert Davidson, Paul Shannon. (King, Kathryn) (Entered: 02/13/2019)	Feb. 13, 2019	Feb. 13, 2019 PACER
15	First MOTION for Extension of Time to File Answer by Arizona, State of, Gilbert Davidson, Paul Shannon. (Attachments: # 1 Text of Proposed Order)(King, Kathryn) (Entered: 02/13/2019)	Feb. 13, 2019	Feb. 13, 2019 PACER
16	STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Arizona Board of Regents, Arizona, State of, Gilbert Davidson, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Paul Shannon, Ron Shoopman. (Attachments: # 1 Text of Proposed Order)(Eckstein, Paul) (Entered: 02/13/2019)	Feb. 13, 2019	Feb. 13, 2019 PACER
17	ORDERED that Defendants' requests for extension of time to respond to the Complaint (Docs. 15, 16) are GRANTED. No further extensions will be allowed. IT IS FURTHER ORDERED that all Defendants shall respond to the Complaint on or before 3/18/19. Signed by Magistrate Judge Lynnette C Kimmins on 2/14/19. (CKS) (Entered: 02/14/2019)	Feb. 14, 2019	Feb. 14, 2019 PACER
18	NOTICE of Appearance by Paul F Eckstein on behalf of Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman. (Eckstein, Paul) (Entered: 02/14/2019)	Feb. 14, 2019	Feb. 14, 2019 PACER
19	Joint MOTION for Leave to File To File Redacted Exhibit G to Complaint by Russell B Toomey. (Attachments: # 1 Text of Proposed Order)(Brizgys, Molly) (Entered: 02/20/2019)	Feb. 20, 2019	Feb. 20, 2019 PACER
20	ORDER that the Stipulation (Doc. 19 ) is GRANTED. The Clerk of Court shall SEAL Doc. 1 -3. It is further Ordered that, on or before 3/1/2019, Plaintiff shall file a redacted version of Exhibits B-G (filed as Document 1 -3 on the current docket). Signed by Magistrate Judge Lynnette C Kimmins on 2/20/2019. (MFR) (Entered: 02/20/2019)	Feb. 20, 2019	Feb. 20, 2019 PACER
21	Additional Attachments to Main Document re: 1 Complaint Redacted Version of Exhibits B-G by Plaintiff Russell B Toomey. (Macre, Heather) (Entered: 02/21/2019)	Feb. 21, 2019	Feb. 21, 2019 PACER
23	ANSWER to 1 Complaint by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman.(Eckstein, Paul) (Entered: 03/18/2019)	March 18, 2019	March 18, 2019 PACER
24	MOTION to Dismiss re: 1 Complaint by Arizona, State of, Gilbert Davidson, Paul Shannon. (Attachments: # 1 Exhibit)(King, Kathryn) (Entered: 03/18/2019) 1 Exhibit View on PACER	March 18, 2019	March 18, 2019 RECAP
25	MOTION for Extension of Time to File Response/Reply by Russell B Toomey. (Attachments: # 1 Text of Proposed Order)(Macre, Heather) (Entered: 03/28/2019)	March 28, 2019	March 28, 2019 PACER
26	NOTICE re: of Non-Opposition by Arizona, State of, Gilbert Davidson, Paul Shannon re: 25 MOTION for Extension of Time to File Response/Reply . (King, Kathryn) (Entered: 03/29/2019)	March 29, 2019	March 29, 2019 PACER
27	ORDERED that Plaintiffs' Motion for Extension of Time 25 is GRANTED. Plaintiffs shall respond to the motion to dismiss on or before 5/1/19. Signed by Magistrate Judge Lynnette C Kimmins on 3/29/19. (CKS) (Entered: 03/29/2019)	March 29, 2019	March 29, 2019 PACER
28	MOTION to Certify Class by Russell B Toomey. (Attachments: # 1 Exhibits 1-4, # 2 Declaration of Russell Toomey, # 3 Declaration of James Burr Shields, # 4 Declaration of Kathleen E. Brody, # 5 Declaration of Joshua A. Block, # 6 Text of Proposed Order)(Brizgys, Molly) (Entered: 04/05/2019) 1 Exhibits 1-4 View on PACER 2 Declaration of Russell Toomey View on PACER 3 Declaration of James Burr Shields View on PACER 4 Declaration of Kathleen E. Brody View on PACER 5 Declaration of Joshua A. Block View on PACER 6 Text of Proposed Order View on PACER	April 5, 2019	April 5, 2019 RECAP
29	Joint MOTION for Extension of Time of Initial Disclosure Deadline by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman. (Attachments: # 1 Text of Proposed Order)(Eckstein, Paul) (Entered: 04/05/2019) 1 Text of Proposed Order View on PACER	April 5, 2019	April 5, 2019 RECAP
30	NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman . (Attachments: # 1 Exhibit Redline of First Amended Answer)(Eckstein, Paul) (Entered: 04/05/2019)	April 5, 2019	April 5, 2019 PACER
31	First Amended ANSWER to 1 Complaint by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman.(Eckstein, Paul) (Entered: 04/05/2019)	April 5, 2019	April 5, 2019 PACER
32	ORDERED that the Joint Motion for Extension of Initial Disclosure Deadline 29 is DENIED. Signed by Magistrate Judge Lynnette C Kimmins on 4/5/19. (CKS) (Entered: 04/05/2019)	April 5, 2019	April 5, 2019 PACER
33	NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff Russell B Toomey. (Macre, Heather) (Entered: 04/17/2019)	April 17, 2019	April 17, 2019 PACER
34	NOTICE re: Service of Initial Discovery Statement by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman . (Eckstein, Paul) (Entered: 04/17/2019)	April 17, 2019	April 17, 2019 PACER
35	ORDERED that 1. This case is reassigned by random lot to the Honorable Leslie A. Bowman. 2. Counsel and the parties shall designate all further filings in this case as: CV-19-0035-TUC-RM (LAB). Signed by Magistrate Judge Lynnette C Kimmins on 4/18/19. (CKS) (Entered: 04/18/2019)	April 18, 2019	April 18, 2019 PACER
36	Joint MOTION to Stay Briefing on Plaintiff's Motion for Class Certification Pending Ruling on Defendants' Motion to Dismiss by Arizona, State of, Gilbert Davidson, Paul Shannon. (Attachments: # 1 Text of Proposed Order)(Burns, Catherine) (Entered: 04/18/2019)	April 18, 2019	April 18, 2019 PACER
37	NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (First Supplemental) filed by Defendants Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman. (Eckstein, Paul) (Entered: 04/22/2019)	April 22, 2019	April 22, 2019 PACER
38	ORDER granting 36 Joint Motion and staying the briefing of the Motion for Class Certification until after the Court has ruled on Defendants Motion to Dismiss (Doc. 24). In the event the Court denies the Motion to Dismiss, the parties will file with the Court a joint proposed discovery and briefing schedule with respect to Plaintiff's Motion for Class Certification no later than ten (10) calendar days following the Court's ruling on the Motion to Dismiss. Signed by Magistrate Judge Leslie A Bowman on 4/22/2019. (KEP) (Entered: 04/23/2019)	April 23, 2019	April 23, 2019 PACER
39	RESPONSE to Motion re: 24 MOTION to Dismiss re: 1 Complaint Plaintiff's Response to Defendants State of Arizona, Davidson and Shannon's Motion to Dismiss Complaint filed by Russell B Toomey. (Macre, Heather) (Entered: 05/01/2019)	May 1, 2019	May 1, 2019 PACER
40	REPLY to Response to Motion re: 24 MOTION to Dismiss re: 1 Complaint filed by Arizona, State of, Gilbert Davidson, Paul Shannon. (Attachments: # 1 Exhibit)(King, Kathryn) (Entered: 05/16/2019)	May 16, 2019	May 16, 2019 PACER
41	MOTION to Stay Proceedings Pending U.S. Supreme Court Decision in R.G. & G.R. Harris Funeral Homes v. E.E.O.C., 2019 WL 1756679 (2019) by Arizona, State of, Gilbert Davidson, Paul Shannon. (Attachments: # 1 Text of Proposed Order)(Burns, Catherine) (Entered: 05/29/2019)	May 29, 2019	May 29, 2019 PACER
42	NOTICE of Service of Discovery filed by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman. (Eckstein, Paul) (Entered: 05/29/2019)	May 29, 2019	May 29, 2019 PACER
43	RESPONSE in Opposition re: 41 MOTION to Stay Proceedings Pending U.S. Supreme Court Decision in R.G. & G.R. Harris Funeral Homes v. E.E.O.C., 2019 WL 1756679 (2019) filed by Russell B Toomey. (Brizgys, Molly) (Entered: 06/10/2019)	June 10, 2019	June 10, 2019 PACER
44	REPLY to Response to Motion re: 41 MOTION to Stay Proceedings Pending U.S. Supreme Court Decision in R.G. & G.R. Harris Funeral Homes v. E.E.O.C., 2019 WL 1756679 (2019) filed by Arizona, State of, Gilbert Davidson, Paul Shannon. (Burns, Catherine) (Entered: 06/17/2019)	June 17, 2019	June 17, 2019 PACER
45	NOTICE re: Notice of Supplemental Authority by Russell B Toomey re: 43 Response in Opposition to Motion, 39 Response to Motion Plaintiff's Notice of Supplemental Authority in Support of Response to Motion to Dismiss and Response to Motion to Stay Filed by Defendants State of Arizona, Gilbert Davidson and Paul Shannon (DE ##39, 43). (Macre, Heather) (Entered: 06/18/2019)	June 18, 2019	June 18, 2019 PACER
46	REPORT AND RECOMMENDATION: The Magistrate Judge recommends the District Court, after its independent review of the record, enter an order GRANTING IN PART the motion to dismiss pursuant to Fed.R.Civ.P 12(b)(1) and 12(b)(6), filed on March 18, 2019, by the State of Arizona, Gilbert Davidson, and Paul Shannon. (Doc. 24 ) The Title VII claim should be dismissed. The remainder of the motion should be denied. Signed by Magistrate Judge Leslie A Bowman on 6/24/2019. (See attached PDF for details) (KEP) (Entered: 06/24/2019)	June 24, 2019	June 24, 2019 PACER
47	MOTION to Substitute Party: substituting Andy Tobin in place of Gilbert Davidson by Russell B Toomey. (Attachments: # 1 Text of Proposed Order)(Macre, Heather) (Entered: 06/26/2019)	June 26, 2019	June 26, 2019 PACER
48	ORDER granting 47 Stipulated Motion to Substitute Party. Ordered that Andy Tobin is substituted as the Director of the Arizona Department of Administration in this action in place and instead of Gilbert Davidson. Signed by Magistrate Judge Leslie A Bowman on 6/28/2019. (BAR) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
49	OBJECTION to 46 Report and Recommendation filed by Russell B Toomey. (Macre, Heather) (Entered: 07/02/2019)	July 2, 2019	July 2, 2019 PACER
50	RESPONSE re: 45 Notice (Other) of Supplemental Authority by Defendants Arizona, State of, Paul Shannon, Andy Tobin. (Burns, Catherine) (Entered: 07/02/2019)	July 2, 2019	July 2, 2019 PACER
51	OBJECTION to 46 Report and Recommendation filed by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson. (Eckstein, Paul) (Entered: 07/03/2019)	July 3, 2019	July 3, 2019 PACER
52	OBJECTION to 46 Report and Recommendation filed by Arizona, State of, Paul Shannon, Andy Tobin. (Burns, Catherine) (Entered: 07/08/2019)	July 8, 2019	July 8, 2019 PACER
53	NOTICE of Service of Discovery filed by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman. (Eckstein, Paul) (Entered: 07/09/2019)	July 9, 2019	July 9, 2019 PACER
54	Joint MOTION for Extension of Time to File Response/Reply as to 49 Objection to Report and Recommendations by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Text of Proposed Order)(King, Kathryn) (Entered: 07/11/2019)	July 11, 2019	July 11, 2019 PACER
55	ORDERED granting the 54 Motion for Extension of Time to File a Response to Plaintiff's Objection to 46 REPORT AND RECOMMENDATION. Defendants State of Arizona, Andy Tobin, and Paul Shannon shall respond by July 24, 2019. Signed by Magistrate Judge Leslie A Bowman on 7/12/2019. (BAR) (Entered: 07/15/2019)	July 15, 2019	July 15, 2019 PACER
56	REPLY TO OBJECTION to 46 Report and Recommendation Response to ABORs Objection to Report and Recommendation Doc. 51 filed by Russell B Toomey. (Macre, Heather) (Entered: 07/16/2019)	July 16, 2019	July 16, 2019 PACER
57	REPLY TO OBJECTION to 46 Report and Recommendation Response to States Objection to Report and Recommendation Doc. 46 filed by Russell B Toomey. (Macre, Heather) (Entered: 07/16/2019)	July 16, 2019	July 16, 2019 PACER
58	NOTICE of Appearance by Martin Lieberman on behalf of Russell B Toomey. (Lieberman, Martin) (Entered: 07/16/2019)	July 16, 2019	July 16, 2019 PACER
59	NOTICE of Attorney Withdrawal Kathleen E. Brody filed by Martin Lieberman. (Lieberman, Martin) (Entered: 07/16/2019)	July 16, 2019	July 16, 2019 PACER
60	REPLY TO OBJECTION to 46 Report and Recommendation filed by Arizona, State of, Paul Shannon, Andy Tobin. (Burns, Catherine) (Entered: 07/24/2019)	July 24, 2019	July 24, 2019 PACER
61	ORDER: IT IS ORDERED that oral argument on the 24 Motion to Dismiss and Objections (Docs. 49, 51, 52 ) to the 46 Report and Recommendation is scheduled for 9/16/19 at 1:30 p.m., before Judge Rosemary Marquez. Signed by Judge Rosemary Marquez on 8/2/19.(BAC) (Entered: 08/05/2019)	Aug. 5, 2019	Aug. 5, 2019 PACER
62	MOTION to Reschedule Oral Argument Date on State Defendants' Motion to Dismiss and Objections to the Magistrate Judge's Report and Recommendation by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Text of Proposed Order)(King, Kathryn) (Entered: 08/14/2019)	Aug. 14, 2019	Aug. 14, 2019 PACER
63	ORDER granting 62 Motion to Reschedule Oral Argument. Oral Argument, currently set for September 16, 2019, is vacated and reset for October 3, 2019 at 2:00 p.m. Signed by Judge Rosemary Marquez on 8/14/2019. (KEP) (Entered: 08/15/2019)	Aug. 15, 2019	Aug. 15, 2019 PACER
64	Due to a conflict in the Court's calendar, IT IS ORDERED the hearing on the 24 Motion to Dismiss, 46 Report and Recommendation, and 49 51 52 Objections, presently set for 10/3/2019 at 2:00 PM, is VACATED and RESET. Motion Hearing set for 10/2/2019 at 01:30 PM in Courtroom 5A, 405 West Congress Street, Tucson, AZ 85701 before Judge Rosemary Marquez. Ordered by Judge Rosemary Marquez. (RM, kc)( This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (Entered: 09/18/2019)	Sept. 18, 2019	Sept. 18, 2019 PACER
	Reset Cal Conflict - Motion Hearing	Sept. 18, 2019	Sept. 18, 2019 PACER
65	MINUTE ENTRY for motion hearing held before Judge Rosemary Marquez: Oral argument heard on 10/2/2019 as to Defendant(s) Motion to Dismiss and on the objections to the Report and Recommendation (Docs. 49, 51, 52). It is Ordered taking under advisement 24 Motion to Dismiss ; taking under advisement the 46 Report and Recommendation and objections thereto. APPEARANCES: Joshua Block, Molly Brizgys and Heather Macre for Plaintiff. Kathryn King for Defendants State of Arizona, Andy Tobin and Paul Shannon. Austin Yost for Defendant Arizona Board of Regents. (Court Reporter Tracy Jamieson.) Hearing held 1:47 p.m. to 3:18 p.m.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CJS) (Entered: 10/02/2019)	Oct. 2, 2019	Oct. 2, 2019 PACER
	Motion Hearing	Oct. 3, 2019	Oct. 3, 2019 PACER
	1 - Common Prompts (Text Only)	Oct. 3, 2019	Oct. 3, 2019 PACER
	Order on Report and Recommendation	Oct. 3, 2019	Oct. 3, 2019 PACER
	Order on Motion for Miscellaneous Relief	Oct. 3, 2019	Oct. 3, 2019 PACER
66	ORDERED that the motion to stay further proceedings pending the Supreme Court's ruling in R.G. & G.R. Harris Funeral Homes. v. E.E.O.C., filed on May 29, 2019, is DENIED. (Doc. 41 ) REVIEW ORDER FOR DETAILS. Signed by Magistrate Judge Leslie A Bowman on 10/21/2019. (MCO) (Entered: 10/22/2019)	Oct. 22, 2019	Oct. 22, 2019 RECAP
67	NOTICE of Attorney Withdrawal Marty Lieberman filed by Molly Patricia Brizgys. (Brizgys, Molly) Modified to terminate attorney Lieberman on 12/11/2019 (MFR). (Entered: 12/04/2019)	Dec. 4, 2019	Dec. 4, 2019 PACER
68	NOTICE of Attorney Withdrawal Sarah O'Keefe filed by Catherine Christine Burns. (Burns, Catherine) Modified to terminate attorney Sarah O'Keefe on 12/13/2019 (KEP). (Entered: 12/12/2019)	Dec. 12, 2019	Dec. 12, 2019 PACER
69	ORDER Plaintiff's Objection to the Report and Recommendation (Doc. 49 ) is granted. Defendants State of Arizona, Andy Tobin, and Paul Shannon's Objection (Doc. 52 ) is overruled. Defendants Arizona Board of Regents, Ron Shoopman, Larry Penley, Ram Krishna, Bill Ridenour, Lyndel Manson, Karrin Taylor Robson, Jay Heiler, and Fred DuVal's Objection (Doc. 51 ) is overruled as moot. The Report and Recommendation (Doc. 46 ) is adopted in part, rejected in part, and modified in part. Defendants State of Arizona, Andy Tobin, and Paul Shannons Motion to Dismiss (Doc. 24 ) is denied. Signed by Judge Rosemary Marquez on 12/20/2019. (KEP) (Entered: 12/23/2019)	Dec. 23, 2019	Dec. 23, 2019 Clearinghouse
70	NOTICE of Appearance by Alison Pulaski Carter on behalf of Arizona, State of, Paul Shannon, Andy Tobin. (Carter, Alison) (Entered: 12/30/2019)	Dec. 30, 2019	Dec. 30, 2019 PACER
71	Joint MOTION for Extension of Time for the Parties to Submit a Joint Proposed Discovery and Briefing Schedule with Respect to Plaintiff's Motion for Class Certification by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Text of Proposed Order)(King, Kathryn) (Entered: 01/02/2020) 1 Text of Proposed Order View on PACER	Jan. 2, 2020	Jan. 2, 2020 RECAP
72	ANSWER to 1 Complaint by Arizona, State of, Paul Shannon, Andy Tobin.(Burns, Catherine) (Entered: 01/06/2020)	Jan. 6, 2020	Jan. 6, 2020 RECAP
73	ORDER granting 71 Joint Motion and extending the deadline for the parties to submit the joint proposed discovery and briefing schedule with respect to Plaintiff's Motion for Class Certification to January 17, 2020. Signed by Magistrate Judge Leslie A Bowman on 1/10/2020. (KEP) (Entered: 01/10/2020)	Jan. 10, 2020	Jan. 10, 2020 PACER
74	Second MOTION for Extension of Time for the Parties to Submit a Joint Proposed Discovery and Briefing Schedule with Respect to Plaintiff's Motion for Class Certification by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Text of Proposed Order)(King, Kathryn) (Entered: 01/14/2020)	Jan. 14, 2020	Jan. 14, 2020 PACER
75	NOTICE of Appearance by Christine Keeyeh Wee on behalf of Russell B Toomey. (Wee, Christine) (Entered: 01/15/2020)	Jan. 15, 2020	Jan. 15, 2020 PACER
76	MOTION to Withdraw as Attorney re: Notice of Withdrawal As Counsel With Consent by Russell B Toomey . (Shields, James) Modified to correct event type on 1/21/2020 (KEP). (Entered: 01/17/2020)	Jan. 17, 2020	Jan. 17, 2020 PACER
77	Additional Attachments to Main Document re: 76 Notice (Other) by Plaintiff Russell B Toomey. (Shields, James) (Entered: 01/17/2020)	Jan. 17, 2020	Jan. 17, 2020 PACER
78	NOTICE of Attorney Withdrawal Molly Brizgys filed by Molly Patricia Brizgys. (Brizgys, Molly) (Entered: 01/17/2020)	Jan. 17, 2020	Jan. 17, 2020 PACER
79	ORDER granting 74 Joint Motion and extending the deadline for the parties to submit the joint proposed discovery and briefing schedule with respect to Plaintiff's Motion for Class Certification to January 31, 2020. Signed by Magistrate Judge Leslie A Bowman on 01/22/20. (MYE) (Entered: 01/23/2020)	Jan. 23, 2020	Jan. 23, 2020 PACER
80	MEMORANDUM Joint Proposed Discovery and Briefing Schedule with Respect to Plaintiff's Motion for Class Certification 79 Order on Motion for Extension of Time by Plaintiff Russell B Toomey. (Wee, Christine) (Entered: 01/31/2020)	Jan. 31, 2020	Jan. 31, 2020 PACER
81	NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendants Arizona, State of, Paul Shannon, Andy Tobin. (King, Kathryn) (Entered: 02/05/2020)	Feb. 5, 2020	Feb. 5, 2020 PACER
82	ORDERED that the plaintiff shall file, by March 6, 2020, a notice to the Clerk withdrawing his pending motion for class certification (Doc. 28 ) and a superseding motion for class certification. The superseding motion shall stand alone and shall not reference or incorporate any argument, exhibit, or attachment from the original motion. Signed by Magistrate Judge Leslie A Bowman on 2/5/2020. (See Order for complete details) (ARC) (Entered: 02/06/2020)	Feb. 6, 2020	Feb. 6, 2020 PACER
83	MOTION to Withdraw as Attorney- NOTICE re: Amended Withdrawal by Russell B Toomey re: 76 MOTION to Withdraw as Attorney . (Attachments: # 1 Text of Proposed Order)(Shields, James) Modified to add motion type on 2/21/2020 (MYE). (Entered: 02/20/2020)	Feb. 20, 2020	Feb. 20, 2020 PACER
84	ORDERED that the Motion to Withdraw 83 is GRANTED in PART. James Burr Shields and Heather A. Macre are withdrawn as attorneys for the plaintiff, Russell B. Toomey. Signed by Magistrate Judge Leslie A Bowman on 02/27/20. (MYE) (Entered: 02/27/2020)	Feb. 27, 2020	Feb. 27, 2020 PACER
85	NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Russell B Toomey . (Attachments: # 1 Exhibit Exhibit 1 - Amended Complaint with redline)(Wee, Christine) (Entered: 03/02/2020)	March 2, 2020	March 2, 2020 PACER
86	AMENDED COMPLAINT against Arizona Board of Regents, Arizona, State of, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Paul Shannon, Ron Shoopman, Andy Tobin filed by Russell B Toomey. (Attachments: # 1 Exhibit Exhibit A to Amended Complaint, # 2 Exhibit Exhibit B to Amended Complaint, # 3 Exhibit Exhibit C to Amended Complaint, # 4 Exhibit Exhibit D to Amended Complaint, # 5 Exhibit Exhibit E to Amended Complaint, # 6 Exhibit Exhibit F to Amended Complaint, # 7 Exhibit Exhibit G to Amended Complaint)(Wee, Christine) (Entered: 03/02/2020) 1 Exhibit Exhibit A to Amended Complaint View on PACER 2 Exhibit Exhibit B to Amended Complaint View on PACER 3 Exhibit Exhibit C to Amended Complaint View on PACER 4 Exhibit Exhibit D to Amended Complaint View on PACER 5 Exhibit Exhibit E to Amended Complaint View on PACER 6 Exhibit Exhibit F to Amended Complaint View on PACER 7 Exhibit Exhibit G to Amended Complaint View on PACER	March 2, 2020	March 2, 2020 Clearinghouse
	Remark re Pro Hac Vice Motion	March 5, 2020	March 5, 2020 PACER
	Remark: Pro hac vice motion(s) granted for Wesley R Powell and Matthew Stephen Freimuth on behalf of Plaintiff Russell B Toomey. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)	March 5, 2020	March 5, 2020 PACER
87	WITHDRAWAL OF DOCUMENT re: 28 MOTION to Certify Class- Plaintiffs' Notice of Withdrawal of Motion for Class Certification by Russell B Toomey, 82 Order . (Wee, Christine) Modified to correct event type on 3/10/2020 (MYE). (Entered: 03/06/2020)	March 6, 2020	March 6, 2020 PACER
88	MOTION to Certify Class by Russell B Toomey. (Attachments: # 1 Index and Exhibits A-D, # 2 Text of Proposed Order)(Wee, Christine) (Entered: 03/06/2020) 1 Index and Exhibits A-D View on PACER 2 Text of Proposed Order View on PACER	March 6, 2020	March 6, 2020 RECAP
89	ANSWER to 86 Amended Complaint by Arizona, State of, Paul Shannon, Andy Tobin.(Burns, Catherine) (Entered: 03/10/2020)	March 10, 2020	March 10, 2020 PACER
90	EX PARTE MOTION to Withdraw as Attorney by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Consent to Withdrawal of Counsel, # 2 Text of Proposed Order Proposed Order)(King, Kathryn) (Entered: 03/10/2020) 1 Consent to Withdrawal of Counsel View on PACER 2 Text of Proposed Order Proposed Order View on PACER	March 10, 2020	March 10, 2020 PACER
91	Defendants' ANSWER to 86 Amended Complaint by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman.(Yost, Austin) (Entered: 03/16/2020)	March 16, 2020	March 16, 2020 RECAP
92	NOTICE TO FILER OF DEFICIENCY re: 91 Answer to Amended Complaint filed by Bill Ridenour, Karrin Taylor Robson, Jay Heiler, Fred Duval, Ram Krishna, Arizona Board of Regents, Larry Penley, Lyndel Manson, Ron Shoopman. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Paul F Eckstein but submitted using the log-in and password belonging to attorney Austin Yost. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MYE) (Entered: 03/17/2020)	March 16, 2020	March 16, 2020 PACER
	Notice of Deficiency (Text Only)	March 17, 2020	March 17, 2020 PACER
93	MOTION to Substitute Attorney by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Text of Proposed Order Proposed Order)(Prynkiewicz, Peter) Modified to correct motion type on 3/26/2020 (MYE). (Entered: 03/25/2020) 1 Text of Proposed Order Proposed Order View on PACER	March 25, 2020	March 25, 2020 PACER

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Case Details

State / Territory: Arizona

Case Type(s):

Public Benefits/Government Services

Equal Employment

Special Collection(s):

Transgender Healthcare Access Cases

Key Dates

Filing Date: Jan. 23, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Class 1: Current and future employees of the Arizona Board of Regents who are or will be enrolled in the [state employee healthcare plan] and who have or will have medical claims for transition-related surgical care. Class 2: Current and future individuals (including Arizona State employees and their dependents) who are or will be enrolled in the [state employee healthcare plan] and who have or will have medical claims for transition-related surgical care.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Arizona, State

Defendant Type(s):