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

Clearinghouse coding complete

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 ge…

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.

On March 18, 2019, Arizona and the Department of Administration filed a motion to dismiss. On December 23, 2019, the court denied the motion, 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.

On September 1, 2020, the plaintiff filed a motion for a preliminary injunction. 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. 

In two month intervals since October 20, 2021, the parties have filed joint settlement reports. These reports indicate that the parties have made little, if any, progress toward a settlement.

As of February 25, 2022, this case is ongoing.

Summary Authors

Evan Gamza (2/11/2022)

Documents in the Clearinghouse

Document
1

4:19-cv-00035

Complaint

Jan. 23, 2019

Jan. 23, 2019

Complaint
69

4:19-cv-00035

Order

2019 WL 7172144

Dec. 23, 2019

Dec. 23, 2019

Order/Opinion
86

4:19-cv-00035

Amended Complaint

March 2, 2020

March 2, 2020

Complaint
105

4:19-cv-00035

Report and Recommendation

2020 WL 2465707

May 12, 2020

May 12, 2020

Magistrate Report/Recommendation
108

4:19-cv-00035

Order

2020 WL 3197647

June 15, 2020

June 15, 2020

Order/Opinion
134

4:19-cv-00035

Report and Recommendation

2020 WL 8459367

Nov. 30, 2020

Nov. 30, 2020

Magistrate Report/Recommendation
162

4:19-cv-00035

Order

2021 WL 753721

Feb. 26, 2021

Feb. 26, 2021

Order/Opinion

Resources

Docket

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

Last updated Aug. 8, 2022, 3:21 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

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2 Exhibit

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4 Corporate Disclosure

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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

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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

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2 Declaration of Russell Toomey

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3 Declaration of James Burr Shields

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4 Declaration of Kathleen E. Brody

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5 Declaration of Joshua A. Block

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6 Text of Proposed Order

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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

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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

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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

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2 Exhibit Exhibit B to Amended Complaint

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3 Exhibit Exhibit C to Amended Complaint

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4 Exhibit Exhibit D to Amended Complaint

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5 Exhibit Exhibit E to Amended Complaint

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6 Exhibit Exhibit F to Amended Complaint

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7 Exhibit Exhibit G to Amended Complaint

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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

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2 Text of Proposed Order

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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

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2 Text of Proposed Order Proposed Order

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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

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March 25, 2020

March 25, 2020

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Public Benefits/Government Services

Equal Employment

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):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Title VII (including PDA), 42 U.S.C. § 2000e

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Disparate Treatment

Gay/lesbian/transgender

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-area:

Insurance

Discrimination-basis:

Gender identity

Sex discrimination

Medical/Mental Health:

Medical care, general