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Case: Boyden v. Conlin

3:17-cv-00264 | U.S. District Court for the Western District of Wisconsin

Filed Date: April 7, 2017

Closed Date: March 26, 2019

Clearinghouse coding complete

Case Summary

On April 7, 2017, two transgender state employees represented by the ACLU of Wisconsin filed this lawsuit against the state of Wisconsin in the United States District Court for the Western District of Wisconsin. The Plaintiffs alleged that the state’s failure to cover gender-affirming care within state-provided insurance plans constituted sex discrimination in violation of Title VII of the Civil Rights Act of 1964, the Equal Protection Clause of the Fourteenth Amendment, and Section 1557 of the…

On April 7, 2017, two transgender state employees represented by the ACLU of Wisconsin filed this lawsuit against the state of Wisconsin in the United States District Court for the Western District of Wisconsin. The Plaintiffs alleged that the state’s failure to cover gender-affirming care within state-provided insurance plans constituted sex discrimination in violation of Title VII of the Civil Rights Act of 1964, the Equal Protection Clause of the Fourteenth Amendment, and Section 1557 of the Patient Protection and Affordable Care Act. They claimed that they were denied medically necessary transition-related care for gender dysphoria, including hormone therapy and gender-affirming surgery, and sought declaratory and injunctive relief as well as damages. The case was assigned to Judge William M. Conley.

The defendants sought to dismiss the case largely on grounds that the wrong entities of the state were being sued. The motion to dismiss asserted that the State of Wisconsin Government Insurance Board (GIB) was the only entity capable of setting the terms of state employees’ health insurance plans The court dismissed this argument on May 11, 2018, as a “sort of magic trick” that would immunize the state from Title VII claims because the GIB was not itself an employer. Employer defendants were dismissed from the suit for lack of standing since they played no role in selecting, offering, or providing health insurance, but the court determined that litigation could continue against the other named defendants under the Title VII and Equal Protection claims. Claims under the Patient Protection and Affordable Care Act were temporarily dismissed for lack of showing that GIB received federal funding under the ACA, but the plaintiffs submitted an amended complaint which sufficiently detailed this funding.

The parties filed cross-motions for summary judgment, and the court granted summary judgment to each party on separate claims on September 18, 2018. Judge Conley ruled in favor of the plaintiffs on their Title VII and ACA claims, concluding that they were discriminatorily denied coverage for medically-necessary treatment based on their natal sex. The court sided with individual defendants’ claims that they were entitled to qualified immunity on damages claims based on violations of the Equal Protection Clause. 

A jury returned a verdict on damages on October 11, 2018, awarding $301,000 and $479,500 respectively to the two plaintiffs.

Following the jury trial, the parties filed cross-appeals , but they voluntarily dismissed each of their appeals on March 25, 2019.

This case is now closed.

Summary Authors

Robin Peterson (10/23/2022)

Documents in the Clearinghouse

Document
67

3:17-cv-00264

Opinion and Order

May 11, 2018

May 11, 2018

Order/Opinion
67

3:17-cv-00264

Order on Motion to Dismiss

May 11, 2018

May 11, 2018

Order/Opinion
74

3:17-cv-00264

Second Amended Complaint

May 25, 2018

May 25, 2018

Complaint
81

3:17-cv-00264

State Defendants' Brief in Support of Motion for Summary Judgment

June 1, 2018

June 1, 2018

Pleading / Motion / Brief
97

3:17-cv-00264

Plaintiffs' Brief In Support of Motion for Partial Summary Judgment

June 8, 2018

June 8, 2018

Pleading / Motion / Brief
31

3:17-cv-00264

MEMORANDUM OF LAW SUPPORTING MOTION OF DEFENDANT DEAN HEALTH PLAN, INC. TO DISMISS THE AMENDED COMPLAINT

June 28, 2018

June 28, 2018

Pleading / Motion / Brief
207

3:17-cv-00264

Opinion and Order

Sept. 18, 2018

Sept. 18, 2018

Order/Opinion
240

3:17-cv-00264

Judgment

Oct. 11, 2018

Oct. 11, 2018

Order/Opinion
253

3:17-cv-00264

Statement on Partial Transcript and on the Issues on Appeal

Boyden v. State of Wisconsin Department of Employee Trust Funds

Nov. 23, 2018

Nov. 23, 2018

Pleading / Motion / Brief
259

3:17-cv-00264

18-03408

USCA Order

U. S. Court of Appeals for the Seventh Circuit

March 26, 2019

March 26, 2019

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6227615/boyden-alina-v-conlin-robert-j/

Last updated Oct. 17, 2022, 10:57 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants. ( Filing fee $ 400 receipt number 0758-2003648.), filed by All Plaintiffs. (Fairweather, Nicholas) (Additional attachment(s) added on 4/7/2017: # 1 New Case Party Information Sheet) (lak). Modified on 4/10/2017: Terminated defendant State of Wisconsin Department of Employee Trust Funds & Group Insurance Board; Terminated defendant Dean Health Insurance. Added defendant State of Wisconsin Department of Employee Trust Funds; Added defendant State of Wisconsin Group Insurance Board; Added defendant Dean Health Plan, Inc. Added party text for individual defendants. (lak) # 2 JS-44 Civil Cover Sheet) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

PACER
2

Exhibit to 1 Complaint filed by Alina Boyden, Shannon Andrews (Attachments: # 1 Summons - State of Wisconsin Department of Employee Trust Funds, # 2 Summons - State of Wisconsin Group Insurance Board, # 3 Summons - Robert J. Conlin, # 4 Summons - Board of Regents of the University of Wisconsin System, # 5 Summons - Raymond W. Cross, # 6 Summons - Rebecca M. Blank, # 7 Summons - University of Wisconsin School of Medicine and Public Health, # 8 Summons - Robert N. Golden, MD, # 9 Summons - Dean Health Plan, Inc., # 10 Summons - Wisconsin Physicians Service Insurance Corporation) (Fairweather, Nicholas) Modified on 4/10/2017. (lak) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

PACER
3

Summons Issued as to Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Robert J. Conlin, Raymond W. Cross, Dean Health Plan, Inc., Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Group Insurance Board, University of Wisconsin School of Medicine and Public Health, and Wisconsin Physicians Service Insurance Corporation. (jls) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER

Case randomly assigned to Magistrate Judge Stephen L. Crocker. (jls)

April 10, 2017

April 10, 2017

PACER

Add Judge for Shell Case Opening

April 10, 2017

April 10, 2017

PACER

Standard Attachments Sent

April 10, 2017

April 10, 2017

PACER

Standard attachments for Magistrate Judge Stephen L. Crocker required to be served on all parties with summons or waiver of service: Corporate Disclosure Statement, Order Regarding Assignment of Cases, Notice of Assignment to a Magistrate Judge and Consent/Request for Reassignment, Order on Dispositive Motions. (jls)

April 10, 2017

April 10, 2017

PACER

Add Judge for Shell Case Opening

April 13, 2017

April 13, 2017

PACER

Case randomly reassigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (cak)

April 13, 2017

April 13, 2017

PACER
4

Waiver of Service Returned Executed by Defendant Dean Health Plan, Inc. Dean Health Plan, Inc. waiver sent on 4/20/2017, answer due 6/19/2017. (Fairweather, Nicholas) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
5

Waiver of Service Returned Executed by Defendant Wisconsin Physicians Service Insurance Corporation. Wisconsin Physicians Service Insurance Corporation waiver sent on 4/21/2017, answer due 6/20/2017. (Fairweather, Nicholas) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
6

Disregard. See 14 . Modified on 5/12/2017. (lak) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
7

Disregard. See 15 . Modified on 5/12/2017. (lak) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
8

Disregard. See 16 . Modified on 5/12/2017. (lak) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
9

Disregard. See 17 . Modified on 5/12/2017. (lak) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
10

Disregard. See 18 . Modified on 5/12/2017. (lak) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
11

Disregard. See 19 . Modified on 5/12/2017. (lak) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
12

Disregard. See 20 . Modified on 5/12/2017. (lak) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
13

Disregard. See 21 . Modified on 5/12/2017. (lak) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
14

Waiver of Service Returned Executed by Defendant State of Wisconsin Department of Employee Trust Funds. State of Wisconsin Department of Employee Trust Funds waiver sent on 4/20/2017, answer due 6/19/2017. (Fairweather, Nicholas) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
15

Waiver of Service Returned Executed by Defendant Rebecca M. Blank. Rebecca M. Blank waiver sent on 4/20/2017, answer due 6/19/2017. (Fairweather, Nicholas) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
16

Waiver of Service Returned Executed by Defendant Raymond W. Cross. Raymond W. Cross waiver sent on 4/20/2017, answer due 6/19/2017. (Fairweather, Nicholas) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
17

Waiver of Service Returned Executed by Defendant University of Wisconsin School of Medicine and Public Health. University of Wisconsin School of Medicine and Public Health waiver sent on 4/20/2017, answer due 6/19/2017. (Fairweather, Nicholas) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
18

Waiver of Service Returned Executed by Defendant Robert J. Conlin. Robert J. Conlin waiver sent on 4/20/2017, answer due 6/19/2017. (Fairweather, Nicholas) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
19

Waiver of Service Returned Executed by Defendant Board of Regents of the University of Wisconsin System. Board of Regents of the University of Wisconsin System waiver sent on 4/20/2017, answer due 6/19/2017. (Fairweather, Nicholas) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
20

Waiver of Service Returned Executed by Defendant Robert N. Golden. Robert N. Golden waiver sent on 4/20/2017, answer due 6/19/2017. (Fairweather, Nicholas) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
21

Waiver of Service Returned Executed by Defendant State of Wisconsin Group Insurance Board. State of Wisconsin Group Insurance Board waiver sent on 4/20/2017, answer due 6/19/2017. (Fairweather, Nicholas) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
22

Notice of Appearance filed by Steven Carl Kilpatrick for Defendants Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Robert J. Conlin, Raymond W. Cross, Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Group Insurance Board, University of Wisconsin School of Medicine and Public Health. (Kilpatrick, Steven) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER
23

Notice of Appearance filed by Colin Thomas Roth for Defendants Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Robert J. Conlin, Raymond W. Cross, Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Group Insurance Board, University of Wisconsin School of Medicine and Public Health. (Roth, Colin) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER
24

Notice of Voluntary Dismissal by Plaintiffs Shannon Andrews, Alina Boyden. (Fairweather, Nicholas) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
25

Notice of Appearance filed by Lynn Marie Stathas for Defendant Dean Health Plan, Inc. (Stathas, Lynn) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
26

Notice of Appearance filed by Monica Ann Mark for Defendant Dean Health Plan, Inc. (Mark, Monica) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER

Party Wisconsin Physicians Service Insurance Corporation (d/b/a WPS Health Solultions) terminated pursuant to Fed. R. Civ. P. 41(a)(1) without further order of the court. (jat)

May 25, 2017

May 25, 2017

PACER

Terminate Parties pursuant to Fed. R. Civ. P. 15(a) - public docket entry

May 25, 2017

May 25, 2017

PACER
27

AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Notice of Right to Sue, # 2 Exhibit 2 - Notice of Right to Sue, # 3 Exhibit 3 - Notice of Right to Sue) (Fairweather, Nicholas) (Entered: 06/16/2017)

1 Exhibit 1 - Notice of Right to Sue

View on PACER

2 Exhibit 2 - Notice of Right to Sue

View on PACER

3 Exhibit 3 - Notice of Right to Sue

View on PACER

June 16, 2017

June 16, 2017

PACER
28

MOTION TO DISMISS (RULE 12(B)(1) AND (6)) AND, ALTERNATIVELY, MOTION TO STAY by Defendants Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Robert J. Conlin, Raymond W. Cross, Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Group Insurance Board, University of Wisconsin School of Medicine and Public Health. Brief in Opposition due 7/13/2017. Brief in Reply due 7/24/2017. (Kilpatrick, Steven) Modified on 6/22/2017. (lak) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
29

Brief in Support of 28 Motion to Dismiss and, Alternatively, Motion to Stay by Defendants Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Raymond W. Cross, Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Group Insurance Board, University of Wisconsin School of Medicine and Public Health. (Kilpatrick, Steven) Modified on 6/22/2017. (lak) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

RECAP

Set Telephonic Pretrial Conference: Telephonic Pretrial Conference set for 7/26/2017 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [Standing Order Governing Preliminary Pretrial Conference attached] (jls)

June 23, 2017

June 23, 2017

PACER

Set Pretrial or Status Conference

June 23, 2017

June 23, 2017

PACER
30

MOTION TO DISMISS by Defendant Dean Health Plan, Inc. Brief in Opposition due 7/19/2017. Brief in Reply due 7/31/2017. (Stathas, Lynn) (Entered: 06/28/2017)

June 28, 2017

June 28, 2017

PACER
31

Brief in Support of 30 Motion to Dismiss by Defendant Dean Health Plan, Inc. (Stathas, Lynn) (Entered: 06/28/2017)

June 28, 2017

June 28, 2017

Clearinghouse
32

Motion for Extension of Time by Plaintiffs Shannon Andrews, Alina Boyden. Motions referred to Magistrate Judge Stephen L. Crocker. (Fairweather, Nicholas) (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

PACER
33

** TEXT ONLY ORDER **ORDER granting 32 Motion for Extension of Time. Plaintiffs should not expect another extension of this deadline. Brief in Opposition due 8/11/2017. Brief in Reply due 8/21/2017. Signed by Magistrate Judge Stephen L. Crocker on 6/30/2017. (jls) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
34

Motion for Extension of Time by Plaintiffs Shannon Andrews, Alina Boyden. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 7/17/2017. (Fairweather, Nicholas) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER
35

** TEXT ONLY ORDER **ORDER granting 34 Motion for Extension of Time. Brief in Opposition due 8/11/2017. Brief in Reply due 8/21/2017. Signed by Magistrate Judge Stephen L. Crocker on 7/12/2017. (jls) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
36

Joint Report of Rule 26(f) Planning Meeting. (Fairweather, Nicholas) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER

Telephone Preliminary Pretrial Conference

July 26, 2017

July 26, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 7/26/2017 [:25] (mfh)

July 26, 2017

July 26, 2017

PACER
37

Pretrial Conference Order - Dispositive Motions due 5/11/2018. Settlement Letters due 8/31/2018. Motions in Limine due 9/7/2018. Response to Motion due 9/21/2018. Final Pretrial Submissions due 9/11/2018. Final Pretrial Conference set for 10/2/2018 at 04:00 PM. Court Trial set for 10/9/2018 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 8/3/2017. (jls) (Entered: 08/03/2017)

Aug. 3, 2017

Aug. 3, 2017

PACER
38

Joint Motion for Extension of Time to File Reply to Plaintiffs' Response to Their Motions to Dismiss by Defendants Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Robert J. Conlin, Raymond W. Cross, Dean Health Insurance, Dean Health Plan, Inc., Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Department of Employee Trust Funds & Group Insurance Board, State of Wisconsin Group Insurance Board, University of Wisconsin School of Medicine and Public Health, Wisconsin Physicians Service Insurance Corporation. Motions referred to Magistrate Judge Stephen L. Crocker. (Kilpatrick, Steven) Modified on 8/13/2017: This was filed on behalf of terminated defendants. (lak) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
39

Brief in Opposition by Plaintiffs Shannon Andrews, Alina Boyden re: 28 Motion to Dismiss, filed by Rebecca M. Blank, Raymond W. Cross, State of Wisconsin Department of Employee Trust Funds, Robert J. Conlin, University of Wisconsin School of Medicine and Public Health, Board of Regents of the University of Wisconsin System, State of Wisconsin Group Insurance Board, Robert N. Golden. (Dupuis, Laurence) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

RECAP
40

Brief in Opposition by Plaintiffs Shannon Andrews, Alina Boyden re: 30 Motion to Dismiss filed by Dean Health Plan, Inc. (Dupuis, Laurence) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
41

** TEXT ONLY ORDER **ORDER granting 38 Motion for Extension of Time. Brief in Reply due 8/28/2017. Signed by Magistrate Judge Stephen L. Crocker on 8/14/2017. (jls) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
42

Brief in Reply by Defendant Dean Health Plan, Inc. in Support of 30 Motion to Dismiss. (Stathas, Lynn) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
43

Brief in Reply by Defendants Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Robert J. Conlin, Raymond W. Cross, Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Group Insurance Board, University of Wisconsin School of Medicine and Public Health in Support of 28 Motion to Dismiss. (Roth, Colin) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

RECAP
44

ORDER granting defendant Dean Health Plan, Inc.'s 30 Motion to Dismiss and dismissing Dean Health Plan, Inc. as a defendant. Signed by District Judge William M. Conley on 11/20/2017. (jls) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

RECAP
45

**TEXT ONLY ORDER** Judge Conley recently modified his attachments to the Preliminary Pretrial Conference Order, which you may access via this hyperlink: Attachments to Preliminary Pretrial Conference Order. Please note that occasionally Judge Conley makes changes to these attachments. As such, unless you do not have access to the attachments electronically (e.g., you are a pro se litigant), you should review the most recent version of the appropriate attachment to assure compliance when preparing summary judgment or other pre-trial submissions. (lak) (Entered: 02/15/2018)

Feb. 15, 2018

Feb. 15, 2018

PACER
46

Stipulated Motion for Protective Order by Plaintiffs Shannon Andrews, Alina Boyden. (Dupuis, Laurence) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

RECAP
47

Notice of Appearance filed by Caitlin Marie Madden for Plaintiffs Shannon Andrews, Alina Boyden. (Madden, Caitlin) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
48

** TEXT ONLY ORDER ** The parties' 46 stipulated protective order is accepted and entered as the court's order. Signed by Magistrate Judge Stephen L. Crocker on 2/28/2018. (jls) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
49

Notice of Appearance filed by Asma Imtiazali Kadri for Plaintiffs Shannon Andrews, Alina Boyden. (Kadri, Asma) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

PACER
50

Notice by Plaintiffs Shannon Andrews, Alina Boyden of Stipulation Regarding Disclosure of Expert Witnesses. (Fairweather, Nicholas) Modified on 3/12/2018. (lak) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
51

Deposition of Herschel E. Day taken on 4/2/2018. (Fairweather, Nicholas) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
52

Deposition of David H. Nispel taken on 4/3/2018. (Fairweather, Nicholas) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
53

Deposition of Michael S. Farrell taken on 4/11/2018. (Fairweather, Nicholas) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
54

Deposition of Robert J. Conlin taken on 4/18/2018. (Fairweather, Nicholas) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
55

Motion to Compel by Plaintiffs Shannon Andrews, Alina Boyden. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 5/4/2018. (Fairweather, Nicholas) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
56

Brief in Support of 55 Motion to Compel by Plaintiffs Shannon Andrews, Alina Boyden. (Sealed Document) (Fairweather, Nicholas) Modified on 4/27/2018. (lak) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
57

Declaration of Caitlin M. Madden filed by Plaintiffs Shannon Andrews, Alina Boyden re: 55 Motion to Compel, (Sealed Document) (Attachments: # 1 Exhibit A - December 30, 2016 Open Meeting Minutes, # 2 Exhibit B - Defendants' Supplemental Responses to Discovery Requests, # 3 Exhibit C - January 30, 2017 ETF Memorandum, # 4 Exhibit D - December 30, 2016 GIB Closed Session Meeting Minutes, # 5 Exhibit E - DOJ Fiduciary Duty Memo, # 6 Exhibit F - Defendants' Claw Back Requests, # 7 Exhibit G - Plaintiffs' Response to Defendants' Claw Back Requests, # 8 Exhibit H - Defendants' Reply to Plaintiffs' Response to Claw Back Requests) (Fairweather, Nicholas) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
58

Redaction to 57 Declaration of Caitlin M. Madden by Plaintiffs Shannon Andrews, Alina Boyden, (Attachments: # 1 Exhibit A - December 30, 2016 Open Meeting Minutes, # 2 Exhibit B - Defendants' Supplemental Responses to Discovery Requests, # 3 Exhibit C - January 30, 2017 ETF Memorandum, # 4 Exhibit D - December 30, 2016 GIB Closed Session Meeting Minutes, # 5 Exhibit E - DOJ Fiduciary Duty Memo, # 6 Exhibit F - Defendants' Claw Back Requests, # 7 Exhibit G - Plaintiffs' Response to Defendants' Claw Back Requests, # 8 Exhibit H - Defendants' Reply to Plaintiffs' Response to Claw Back Requests) (Fairweather, Nicholas) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
59

Redaction to 56 Brief in Support of Motion to Compel by Plaintiffs Shannon Andrews, Alina Boyden. (Fairweather, Nicholas) Modified on 4/30/2018. (lak) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER

Set Motion and R&R Deadlines/Hearings

April 30, 2018

April 30, 2018

PACER

Set Deadlines as to 55 Motion to Compel. Brief in Opposition due 5/7/2018. Brief in Reply due 5/14/2018. (jls)

April 30, 2018

April 30, 2018

PACER
60

Notice of Appearance filed by Jody J. Schmelzer for Defendants Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Robert J. Conlin, Raymond W. Cross, Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Group Insurance Board, University of Wisconsin School of Medicine and Public Health. (Schmelzer, Jody) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
61

Unopposed Motion to Amend Scheduling Order by Plaintiffs Shannon Andrews, Alina Boyden. Motions referred to Magistrate Judge Stephen L. Crocker. (Fairweather, Nicholas) Modified on 5/4/2018. (lak) (Entered: 05/03/2018)

May 3, 2018

May 3, 2018

PACER
62

** TEXT ONLY ORDER **Plaintiffs' unopposed motion to amend the schedule is granted in part and denied in part. The expert disclosure deadlines and dispositive motion deadline are extended to the dates requested. The October 9, 2018 trial date remains in place, which means that the August 31, 2018 discovery cutoff remains in place as well. Signed by Magistrate Judge Stephen L. Crocker on 5/4/2018. (jls) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER
63

Brief in Opposition by Defendants Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Robert J. Conlin, Raymond W. Cross, Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Group Insurance Board, University of Wisconsin School of Medicine and Public Health re: 55 Motion to Compel filed by Alina Boyden, Shannon Andrews. (Roth, Colin) Modified on 5/8/2018. (lak) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
64

Declaration of Colin T. Roth filed by Defendants Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Robert J. Conlin, Raymond W. Cross, Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Group Insurance Board, University of Wisconsin School of Medicine and Public Health re: 55 Motion to Compel, (Attachments: # 1 Exhibit A - Agenda/Notice) (Roth, Colin) Modified on 5/7/2018: Added exhibit description. Detailed e-mail to counsel. (lak) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
65

** TEXT ONLY ORDER ** Defendants have filed their response (dkts. 63 - 64 ) to plaintiffs' motion to compel discovery (dkts. 55 - 57 ). To assist the court, defendants are directed to submit, ex parte and in camera, a copy of the minutes of the closed session and the DOJ memo, and plaintiff is allowed the opportunity for a terse reply, due by May 14, 2018. Signed by Magistrate Judge Stephen L. Crocker on 5/8/2018. (jls) (Entered: 05/08/2018)

May 8, 2018

May 8, 2018

PACER
66

Response re: 65 Text Only Order, by Defendants Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Robert J. Conlin, Raymond W. Cross, Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Department of Employee Trust Funds & Group Insurance Board, State of Wisconsin Group Insurance Board. (Roth, Colin) (Entered: 05/08/2018)

May 8, 2018

May 8, 2018

PACER
67

ORDER granting in part and denying in part 28 Motion to Dismiss. Signed by District Judge William M. Conley on 5/11/2018. (jls) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

Clearinghouse
68

Deposition of Lisa M. Ellinger taken on 4/4/2018. (Fairweather, Nicholas) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
69

Deposition of Tara S. Pray taken on 4/10/2018. (Fairweather, Nicholas) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
70

Brief in Reply by Plaintiffs Shannon Andrews, Alina Boyden in Support of 55 Motion to Compel. (Fairweather, Nicholas) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER

Set Motion and R&R Deadlines/Hearings

May 21, 2018

May 21, 2018

PACER

Set Hearing as to 55 Motion to Compel. Telephonic Motion Hearing set for 5/24/2018 at 08:00 AM before Judge William M. Conley. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5087. (jls)

May 21, 2018

May 21, 2018

PACER

Set Motion and R&R Deadlines/Hearings

May 23, 2018

May 23, 2018

PACER

Reset Hearing as to 55 Motion to Compel. Telephonic Motion Hearing reset for 5/24/2018 at 08:30 AM before Judge William M. Conley. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5087. (jls)

May 23, 2018

May 23, 2018

PACER
71

ORDER granting in part and denying in part 55 Motion to Compel. Signed by District Judge William M. Conley on 5/24/2018. (jls) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER
72

Transcript of Telephonic Motion Hearing, held 5/24/2018 before Judge William M. Conley. Court Reporter: JD. Please review the court's new policy regarding electronic transcripts of court proceedings: see Electronic Transcript Instructions. (jls) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER
73

ANSWER to Amended Complaint by Defendants Robert J. Conlin, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Department of Employee Trust Funds & Group Insurance Board, State of Wisconsin Group Insurance Board. (Kilpatrick, Steven) Modified on 5/25/2018: Filed on behalf of terminated defendant. (lak) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER

Minute Entry for proceedings held before District Judge William M. Conley: Telephone Motion Hearing held on 5/24/2018 re 55 Motion to Compel filed by Alina Boyden, Shannon Andrews [:40] (Court Reporter JD.) (mfh)

May 24, 2018

May 24, 2018

PACER

Telephone Motion Hearing

May 24, 2018

May 24, 2018

PACER
74

Motion for Leave to File Second Amended Complaint by Plaintiffs Shannon Andrews, Alina Boyden. Brief in Opposition due 6/1/2018. Brief in Reply due 6/8/2018. (Attachments: # 1 Exhibit - Second Amended Complaint, # 2 Exhibits 1, 2 and 3 - Right to Sue Letters) (Dupuis, Laurence) Modified on 5/29/2018. (lak) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

Clearinghouse
75

Brief in Support of 74 Motion for Leave to File by Plaintiffs Shannon Andrews, Alina Boyden. (Dupuis, Laurence) Modified on 5/29/2018. (lak) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
76

Declaration of Nicholas Fairweather filed by Plaintiffs Shannon Andrews, Alina Boyden re: 74 Motion for Leave to File. (Dupuis, Laurence) Modified on 5/29/2018. (lak) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
77

Disregard. See 78 . Modified on 5/31/2018. (lak) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER
78

Deposition of Jeffrey E. Bogardus taken on 4-3-18. (Roth, Colin) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER
79

Deposition of J.P. Wieske taken on May 30, 2018. (Roth, Colin) (Entered: 06/01/2018)

June 1, 2018

June 1, 2018

PACER
80

MOTION FOR SUMMARY JUDGMENT by Defendants Robert J. Conlin, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Group Insurance Board. Brief in Opposition due 6/22/2018. Brief in Reply due 7/2/2018. (Roth, Colin) (Entered: 06/01/2018)

June 1, 2018

June 1, 2018

PACER

Case Details

State / Territory: Wisconsin

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: April 7, 2017

Closing Date: March 26, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two transgender state employees who contest the state’s categorial ban on coverage for gender-confirming surgery

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: No

Class Action Outcome: Not sought

Defendants

State of Wisconsin, 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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: $780,500

Order Duration: 2018 - None

Issues

General:

Gay/lesbian/transgender

Discrimination-area:

Insurance

Discrimination-basis:

Gender identity