Case: Zayre-Brown v. North Carolina Department of Adult Corrections

3:22-cv-00191 | U.S. District Court for the Western District of North Carolina

Filed Date: April 28, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about a transgender prisoner’s access to gender-affirming care in North Carolina. On April 28, 2022, a trans woman incarcerated in NC state prison filed this lawsuit in United States District Court for the Western District of North Carolina. The plaintiff sued the NC Department of Public Safety under the US and North Carolina Constitutions. Represented by the ACLU of North Carolina, the plaintiff sought injunctive relief requiring defendants to provide her with gender-affirming c…

This is a case about a transgender prisoner’s access to gender-affirming care in North Carolina. On April 28, 2022, a trans woman incarcerated in NC state prison filed this lawsuit in United States District Court for the Western District of North Carolina. The plaintiff sued the NC Department of Public Safety under the US and North Carolina Constitutions. Represented by the ACLU of North Carolina, the plaintiff sought injunctive relief requiring defendants to provide her with gender-affirming care, declaratory judgment, and nominal and compensatory damages. She claimed that the defendants denied her access to gender-affirming care and housed her in male facilities for nearly two years despite knowing that she is transgender. The case was assigned to Judge Max Oliver Cogburn Jr. 

The plaintiff alleged that the North Carolina Department of Public Safety and several of its employees and officers had denied her access to gender-affirming treatment, in particular gender-affirming surgery, despite knowing that she was trans. She alleged that defendants' actions constituted cruel and unusual punishment in violation the Eighth Amendment of the United States Constitution and Article I, Section 27 of the North Carolina Constitution, as well as violating the Americans with Disabilities Act (ADA) and the Rehabilitation Act. Plaintiff claimed that the defendants were deliberately indifferent in delaying and restricting her access to treatment.

On June 24, 2022, defendants filed a motion to dismiss for failure to state a claim. On June 28, 2022, plaintiff filed a motion for preliminary injunction. On September 23, 2022, the court denied both motions. 2022 WL 4456268. The defendants’ motion to dismiss was denied because the court found that the plaintiff had adequately stated a claim and that she had extensively availed herself of administrative remedies. The plaintiff’s motion for preliminary injunction was denied because the court found that no other court had ordered gender-affirming surgery without a well-developed factual record on which to make the decision. The court said that the plaintiff could not make a clear showing that she was likely to succeed at trial. 

After denial of these motions, a pretrial conference was held and the parties began discovery and the mediation process. On September 5, 2023, the mediator reported that the parties had reached an impasse.

On October 5, 2023, defendants filed motions for summary judgment and partial summary judgment. A hearing was conducted for both motions on November 9, 2023. On February 2, 2024, the court denied the motions for summary judgment and partial summary judgment. 2024 WL 410243. In denying the motions, the court said that defendants’ denial of gender-affirming surgery caused the plaintiff to suffer significant injury. The court concluded that the questions of whether gender-affirming surgery and whether the defendants’ processes operated as a de facto ban on such surgery were unresolved. An evidentiary hearing was held on February 20, 2024. On February 29, 2024, the plaintiff filed a renewed motion for summary judgment. 

A date for a jury trial was set and delayed multiple times. On February 2, 2024, the trial date was set for April 15, 2024. As of April 10, 2024, this case is ongoing.

Summary Authors

Alex Jarecki (3/10/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63272295/parties/zayre-brown-v-north-carolina-department-of-adult-corrections/


Judge(s)

Cogburn, Max Oliver (North Carolina)

Attorney for Plaintiff

Brook, Christopher A. (North Carolina)

Brown, Taylor Taylor (North Carolina)

Davidson, Jon W. (North Carolina)

Attorney for Defendant

Brennan, Stephanie Ann (North Carolina)

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Documents in the Clearinghouse

Document
1

3:22-cv-00191

Complaint

April 28, 2022

April 28, 2022

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63272295/zayre-brown-v-north-carolina-department-of-adult-corrections/

Last updated March 10, 2024, 3:23 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ANCWDC-5549958), filed by Kanautica Zayre-Brown.(Maffetore, Jaclyn) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

Clearinghouse

Case assigned to District Judge Max O. Cogburn, Jr. and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the Case Assignment Packet. This is your only notice - you will not receive a separate document.(tlj)

April 28, 2022

April 28, 2022

PACER

Case Assigned/Reassigned

April 28, 2022

April 28, 2022

PACER
2

Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (tlj) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

PACER
3

WAIVER OF SERVICE Returned Executed by Kanautica Zayre-Brown. All Defendants. (Maffetore, Jaclyn) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

PACER
4

NOTICE of Appearance by Stephanie Ann Brennan on behalf of All Defendants (Brennan, Stephanie) (Entered: 05/02/2022)

May 2, 2022

May 2, 2022

PACER
5

NOTICE of Appearance by Orlando Luis Rodriguez on behalf of All Defendants (Rodriguez, Orlando) (Entered: 05/02/2022)

May 2, 2022

May 2, 2022

PACER
6

MOTION for Leave to Appear Pro Hac Vice as to Jon W. Davidson Filing fee $ 288, receipt number ANCWDC-5566242. by Kanautica Zayre-Brown. (Maffetore, Jaclyn). Motions referred to David Keesler. (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

RECAP
7

ORDER granting 6 Motion for Leave to Appear Pro Hac Vice added Jon W. Davidson for Kanautica Zayre-Brown (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David Keesler on 5/11/22. (mga) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

RECAP

Notice to Jon W. Davidson: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. File a motion pro hac vice. (Attorney served via NEF) Deadline by 5/18/2022. (mga)

May 11, 2022

May 11, 2022

PACER

Notice to Jon W. Davidson: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link.(Attorney served via NEF) Deadline by 5/18/2022. (mga) Modified text on 5/17/2022 (brl).

May 11, 2022

May 11, 2022

PACER

Notice - Out of State Counsel

May 11, 2022

May 11, 2022

PACER
8

NOTICE of Appearance by Michele Delgado on behalf of Kanautica Zayre-Brown (Delgado, Michele) (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER
9

MOTION to Dismiss for Failure to State a Claim by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 7/8/2022 (Rodriguez, Orlando) (Entered: 06/24/2022)

June 24, 2022

June 24, 2022

PACER
10

MEMORANDUM in Support re 9 MOTION to Dismiss for Failure to State a Claim by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. (Attachments: # 1 Exhibit DPS Policy)(Rodriguez, Orlando) (Entered: 06/24/2022)

June 24, 2022

June 24, 2022

PACER
11

MOTION for Leave to Appear Pro Hac Vice as to Taylor Brown Filing fee $ 288, receipt number ANCWDC-5632709. by Kanautica Zayre-Brown. (Maffetore, Jaclyn). Motions referred to David Keesler. (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

RECAP
12

ORDER granting 11 Motion for Leave to Appear Pro Hac Vice added Taylor Brown for Kanautica Zayre-Brown (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David Keesler on 6/27/22. (mga) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

RECAP

Notice to Taylor Brown: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 7/5/2022. (mga)

June 27, 2022

June 27, 2022

PACER

Notice - Out of State Counsel

June 27, 2022

June 27, 2022

PACER
13

MOTION for Preliminary Injunction by Kanautica Zayre-Brown. Responses due by 7/12/2022 (Attachments: # 1 Exhibit 1 - Expert Declaration of Randi C. Ettner, Ph.D, # 2 Exhibit 2 - Delcaration of Kanautica Zayre-Brown, # 3 Exhibit Index) (Maffetore, Jaclyn) (Attachment 1 replaced on 7/29/2022 with corrected PDF provided by counsel. NEF regenerated.) (maf) (Entered: 06/28/2022)

1 Exhibit 1 - Expert Declaration of Randi C. Ettner, Ph.D

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2 Exhibit 2 - Delcaration of Kanautica Zayre-Brown

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3 Exhibit Index

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June 28, 2022

June 28, 2022

RECAP
14

MEMORANDUM in Support re 13 MOTION for Preliminary Injunction by Kanautica Zayre-Brown. (Maffetore, Jaclyn) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

PACER
15

Joint MOTION for Extension of Time to File Response/Reply re: 9 MOTION to Dismiss for Failure to State a Claim, 13 MOTION for Preliminary Injunction by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 7/15/2022 (Rodriguez, Orlando). Modified to remove referral on 7/1/2022 (mga). (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

PACER
16

ORDER granting 15 Motion for Extension of Time to File Response/Reply. Accordingly, the deadline for Plaintiff to respond to Defendants Motion to Dismiss 9, is extended up to and including July 15, 2022, and the deadline for Defendants to respond to Plaintiffs Motion for Preliminary Injunction, 13, is extended up to and including July 19, 2022. Signed by District Judge Max O. Cogburn, Jr on 7/7/2022.(ams) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
17

RESPONSE in Opposition re 9 MOTION to Dismiss for Failure to State a Claim by Kanautica Zayre-Brown. Replies due by 7/22/2022 (Maffetore, Jaclyn) (Entered: 07/15/2022)

July 15, 2022

July 15, 2022

PACER
18

RESPONSE in Opposition re 13 MOTION for Preliminary Injunction by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Replies due by 7/26/2022 (Attachments: # 1 Appendix to Response to Motion for Preliminary Injunction, # 2 Affidavit of Mingo, # 3 Affidavit of Richardson, # 4 Affidavit of Junker, # 5 Exhibit A to Affidavit of Junker, # 6 Affidavit of Boyd, # 7 Exhibit A to Affidavit of Boyd, # 8 Affidavit of Penn, # 9 Exhibit A to Affidavit of Penn)(Rodriguez, Orlando) (Entered: 07/19/2022)

1 Appendix to Response to Motion for Preliminary Injunction

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2 Affidavit of Mingo

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3 Affidavit of Richardson

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4 Affidavit of Junker

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5 Exhibit A to Affidavit of Junker

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6 Affidavit of Boyd

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7 Exhibit A to Affidavit of Boyd

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8 Affidavit of Penn

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9 Exhibit A to Affidavit of Penn

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July 19, 2022

July 19, 2022

RECAP
19

Consent MOTION for Extension of Time to File Response/Reply re: 13 MOTION for Preliminary Injunction by Kanautica Zayre-Brown. Responses due by 8/4/2022 (Attachments: # 1 Proposed Order) (Delgado, Michele). Modified to remove referral on 7/22/2022 (kab). (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
20

ORDER granting 19 Motion for Extension of Time to File Response/Reply re: 13 MOTION for Preliminary Injunction. Response in Opposition to the Motion for Preliminary Injunction is extended up to and including August 2, 2022. Signed by District Judge Max O. Cogburn, Jr on 7/22/2022. (ams) (Entered: 07/22/2022)

July 22, 2022

July 22, 2022

PACER
21

REPLY to Response to Motion re 9 MOTION to Dismiss for Failure to State a Claim by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. (Rodriguez, Orlando) (Entered: 07/22/2022)

July 22, 2022

July 22, 2022

RECAP
22

REPLY to Response to Motion re 13 MOTION for Preliminary Injunction by Kanautica Zayre-Brown. (Attachments: # 1 Exhibit 1 - Second Expert Declaration of Randi C. Ettner, Ph.D, # 2 Exhibit 2 - Declaration of Jaclyn Maffetore, # 3 Exhibit Index)(Maffetore, Jaclyn) (Entered: 08/02/2022)

1 Exhibit 1 - Second Expert Declaration of Randi C. Ettner, Ph.D

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2 Exhibit 2 - Declaration of Jaclyn Maffetore

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3 Exhibit Index

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Aug. 2, 2022

Aug. 2, 2022

RECAP

NOTICE of Hearing on Motion re: 13 MOTION for Preliminary Injunction, 9 MOTION to Dismiss for Failure to State a Claim : Motion Hearing set for 8/23/2022 09:30 AM in Courtroom #5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. This is your only notice - you will not receive a separate document.(ams)

Aug. 3, 2022

Aug. 3, 2022

PACER

Notice of Hearing on Motion

Aug. 3, 2022

Aug. 3, 2022

PACER
23

NOTICE of Supplemental Authority by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams re 9 MOTION to Dismiss for Failure to State a Claim (Attachments: # 1 Exhibit 4th Cir Case Williams v. Kincaid)(Rodriguez, Orlando) (Entered: 08/17/2022)

1 Exhibit 4th Cir Case Williams v. Kincaid

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Aug. 17, 2022

Aug. 17, 2022

RECAP
24

NOTICE of Supplemental Authority by Kanautica Zayre-Brown re 9 MOTION to Dismiss for Failure to State a Claim, 13 MOTION for Preliminary Injunction (Maffetore, Jaclyn) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

RECAP

Minute Entry: MOTION HEARING held before District Judge Max O. Cogburn, Jr. Re 9 MOTION to Dismiss for Failure to State a Claim, 13 MOTION for Preliminary Injunction . Motions taken under advisement, order to issue. Plaintiffs attorney: Michele Delgado, Jaclyn Maffetore, Taylor Brown. Defendants attorney: Orlando Rodriguez, Stephanie Brennan. Court reporter: Deborah Cohen-Rojas. (ams)

Aug. 23, 2022

Aug. 23, 2022

PACER

Motion Hearing

Aug. 23, 2022

Aug. 23, 2022

PACER
25

ORDER denying 9 Motion to Dismiss for Failure to State a Claim; denying 13 Motion for Preliminary Injunction. Signed by District Judge Max O. Cogburn, Jr on 9/23/2022. (ams) (Entered: 09/23/2022)

Sept. 23, 2022

Sept. 23, 2022

RECAP
26

ANSWER to 1 Complaint with Jury Demand by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams.(Rodriguez, Orlando) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER

NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The Certificate of Initial Attorneys Conference, and if applicable, the Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 11/1/2022. (ams)

Oct. 11, 2022

Oct. 11, 2022

PACER

Notice to Conduct Initial Attorneys Conference

Oct. 11, 2022

Oct. 11, 2022

PACER
27

Joint CERTIFICATION of initial attorney conference and discovery plan (Maffetore, Jaclyn) (Entered: 10/19/2022)

Oct. 19, 2022

Oct. 19, 2022

RECAP
28

Pretrial Order and Case Management Plan: Estimated Trial Time: five (5) days. Discovery due by 4/28/2023. Motions due by 5/26/2023. Mediation deadline set for 5/15/2023. Ready Date for Trial set for 10/16/2023 09:31 AM in Courtroom #5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. Signed by Magistrate Judge David Keesler on 10/20/22. (mga) (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

RECAP
29

Consent MOTION for Protective Order by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 12/15/2022 (Attachments: # 1 Proposed Order) (Rodriguez, Orlando). Motions referred to David Keesler. (Entered: 12/01/2022)

1 Proposed Order

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Dec. 1, 2022

Dec. 1, 2022

RECAP
30

CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 12/2/2022. (brl) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

RECAP
31

MOTION for Leave to Appear Pro Hac Vice as to Lisa Nowlin-Sohl Filing fee $ 288, receipt number ANCWDC-5855868. by Kanautica Zayre-Brown. (Maffetore, Jaclyn). Motions referred to David Keesler. (Entered: 12/07/2022)

Dec. 7, 2022

Dec. 7, 2022

PACER
32

ORDER granting 31 Motion for Leave to Appear Pro Hac Vice added Lisa Nowlin-Sohl for Kanautica Zayre-Brown (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David Keesler on 12/7/22. (mga) (Entered: 12/07/2022)

Dec. 7, 2022

Dec. 7, 2022

RECAP

Notice to Lisa Nowlin-Sohl: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 12/14/2022. (mga)

Dec. 7, 2022

Dec. 7, 2022

PACER

Notice - Out of State Counsel

Dec. 7, 2022

Dec. 7, 2022

PACER
33

Consent MOTION for Discovery for Leave to Depose Plaintiff by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 12/29/2022 (Attachments: # 1 Exhibit A Notice of Deposition, # 2 Proposed Order) (Rodriguez, Orlando). Motions referred to David Keesler. (Entered: 12/15/2022)

1 Exhibit A Notice of Deposition

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2 Proposed Order

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Dec. 15, 2022

Dec. 15, 2022

PACER
34

ORDER granting 33 Defendant's Consent Motion for Leave to Depose a Person Confined in Prison. Defendants may take the deposition of Plaintiff Kanautica Zayre-Brown as agreed by the parties and pursuant to Fed.R.Civ.P. 30(a)(2)(B). Signed by Magistrate Judge David Keesler on 12/16/22. (mga) (Entered: 12/16/2022)

Dec. 16, 2022

Dec. 16, 2022

RECAP
35

Joint MOTION for Extension of Time of Scheduling Order Deadlines by Kanautica Zayre-Brown. Responses due by 1/20/2023 (Attachments: # 1 Proposed Order) (Maffetore, Jaclyn). Motions referred to David Keesler. (Entered: 01/06/2023)

Jan. 6, 2023

Jan. 6, 2023

PACER
36

ORDER granting 35 parties' Joint Motion for Extension of Certain Case Management Deadlines. The case deadlines are revised as follows: Plaintiff's Expert Reports - February 3, 2023; Defendants' Expert Reports - March 17, 2023; Amend Pleadings - April 5, 2023; Discovery Completion - May 19, 2023: Mediation Report - June 2, 2023; Dispositive Motions - June 16, 2023. Signed by Magistrate Judge David Keesler on 1/6/23. (mga) (Entered: 01/06/2023)

Jan. 6, 2023

Jan. 6, 2023

PACER
37

MOTION for Discovery Order to Submit to Rule 35 Examinations by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 3/3/2023 (Rodriguez, Orlando). Motions referred to David Keesler. (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
38

MEMORANDUM in Support re 37 MOTION for Discovery Order to Submit to Rule 35 Examinations by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. (Rodriguez, Orlando) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

RECAP
39

RESPONSE in Opposition re 37 MOTION for Discovery Order to Submit to Rule 35 Examinations by Kanautica Zayre-Brown. Replies due by 3/3/2023 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Siegel, Daniel) (Entered: 02/24/2023)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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Feb. 24, 2023

Feb. 24, 2023

RECAP
40

REPLY to Response to Motion re 37 MOTION for Discovery Order to Submit to Rule 35 Examinations by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. (Rodriguez, Orlando) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
41

MOTION for Extension of Time of Scheduling Order Deadlines by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 3/27/2023 (Attachments: # 1 Proposed Order) (Rodriguez, Orlando). Motions referred to David Keesler. (Entered: 03/13/2023)

1 Proposed Order

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March 13, 2023

March 13, 2023

PACER
42

RESPONSE to Motion re 41 MOTION for Extension of Time of Scheduling Order Deadlines by Kanautica Zayre-Brown. Replies due by 3/22/2023 (Siegel, Daniel) (Entered: 03/15/2023)

March 15, 2023

March 15, 2023

PACER
43

REPLY to Response to Motion re 41 MOTION for Extension of Time of Scheduling Order Deadlines by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. (Rodriguez, Orlando) (Entered: 03/16/2023)

March 16, 2023

March 16, 2023

PACER
44

ORDER granting with modification 41 Defendants' Motion for Extension of Certain Case Management Deadlines. Defendants' Expert Report deadline is extended to: (1) thirty (30) days from the date of an Order allowing Defendants' Rule 35 Motion (Document No. 37); or (2) fourteen (14) days from the date of an Order denying Defendants' Rule 35 Motion (Document No. 37); or April 7, 2023, whichever is later. All other deadlines remain as previously ordered. See (Document No. 36). Signed by Magistrate Judge David Keesler on 3/16/23. (mga) (Entered: 03/16/2023)

March 16, 2023

March 16, 2023

PACER
45

Second MOTION for Extension of Time of Scheduling Order Deadlines by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 5/25/2023 (Attachments: # 1 Proposed Order) (Rodriguez, Orlando). Motions referred to David Keesler. (Entered: 05/11/2023)

May 11, 2023

May 11, 2023

PACER
46

ORDER granting with modification 45 Second Joint Motion for the Modification of Certain Case Management Deadlines. Completion of discovery due within 45 days from the date of the provision of Defendants expert reports; mediation report due within 30 days of the completion of discovery; and dispositive motions due within 45 days of the completion of discovery. The trial date in this case remains unchanged. Signed by US Magistrate Judge David Keesler on 5/11/23. (mga) Modified text on 5/18/2023 (rth). (Entered: 05/12/2023)

May 12, 2023

May 12, 2023

PACER
47

ORDER granting in part and denying in part 37 Defendants' Motion for an Order Compelling Plaintiff to Submit to Rule 35 Examinations. Signed by US Magistrate Judge David Keesler on 6/7/23. (mga) (Entered: 06/07/2023)

June 7, 2023

June 7, 2023

RECAP
48

Consent MOTION TO EXCUSE CERTAIN NAMED DEFENDANTS FROM MEDIATION by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 7/3/2023 (Attachments: # 1 Proposed Order) (Rodriguez, Orlando). Motions referred to David Keesler. (Entered: 06/19/2023)

1 Proposed Order

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June 19, 2023

June 19, 2023

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49

ORDER granting 48 Motion To Excuse Certain Named Defendants From Mediation. The individual Defendants, sued in their official capacities, are excused from attending the mediated settlement conference in this matter. Signed by US Magistrate Judge David Keesler on 6/20/2023. (brl) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

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50

Consent MOTION to Substitute Party Defendants and to Amend Caption by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 7/5/2023 (Attachments: # 1 Proposed Order substituting parties and amending the caption) (Rodriguez, Orlando). Motions referred to David Keesler. Modified text on 6/21/2023 (rth). (Entered: 06/21/2023)

1 Proposed Order substituting parties and amending the caption

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June 21, 2023

June 21, 2023

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51

ORDER granting 50 Motion to Substitute Party Defendants and to Amend Caption. The North Carolina Department of Public Safety (DPS), and Eddie Buffaloe, Jr., in his official capacity as Secretary of DPS, shall be replaced as party Defendants with the North Carolina Department of Adult Correction (DAC) and Todd Ishee, as Secretary of DAC. Signed by US Magistrate Judge David Keesler on 6/21/2023. (brl) (Entered: 06/22/2023)

June 22, 2023

June 22, 2023

RECAP

Set/Reset Hearings

July 12, 2023

July 12, 2023

PACER

Set/Reset Hearings: Jury Trial set for 10/16/2023 09:30 AM in Courtroom #5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. (ams)

July 12, 2023

July 12, 2023

PACER
52

Joint MOTION to Continue Docket Call/Trial by Abhay Agarwal, Elton Amos, Eddie Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee(in his official capacity as Secretary of the North Carolina Department of Adult Correction), Todd Ishee(in his official capacity as Commissioner of Prisons, Division of Prisons, North Carolina Department of Public Safety), Gary Junker, Valerie Langley, North Carolina Department of Adult Corrections, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 8/25/2023 (Rodriguez, Orlando) (Entered: 08/11/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
53

Joint MOTION to Take Deposition from Dr. Armand Antommaria Out of Time by Kanautica Zayre-Brown. Responses due by 8/29/2023 (Maffetore, Jaclyn). Motions referred to David Keesler. (Entered: 08/15/2023)

Aug. 15, 2023

Aug. 15, 2023

PACER
54

ORDER granting 53 Joint Motion to Take Deposition from Dr. Antommaria. The discovery completion deadline is extended to September 7, 2023 for the limited purpose of taking the out-of-time expert deposition of Dr. Antommaria. Signed by US Magistrate Judge David Keesler on 8/16/23. (mga) (Entered: 08/16/2023)

Aug. 16, 2023

Aug. 16, 2023

PACER

Set/Reset Pretrial Order Deadlines

Aug. 16, 2023

Aug. 16, 2023

PACER

Set/Reset Pretrial Order Deadlines: Discovery due by 9/7/2023. (mga)

Aug. 16, 2023

Aug. 16, 2023

PACER
55

ORDER granting 52 Motion to Continue Docket Call/Trial. Jury Trial set for 1/22/2024 09:30 AM in Courtroom #5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. Signed by District Judge Max O. Cogburn, Jr on 8/24/2023. (brl) (Entered: 08/25/2023)

Aug. 25, 2023

Aug. 25, 2023

PACER
56

REPORT of Mediation by Asa L. Bell, Jr. (Mediator). Outcome of Mediation: Parties reached an Impasse. (Attachments: # 1 Envelope)(ef) (Entered: 09/07/2023)

1 Envelope

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Sept. 5, 2023

Sept. 5, 2023

PACER
57

Joint MOTION for Leave to File Excess Pages by Kanautica Zayre-Brown. Responses due by 10/2/2023 (Maffetore, Jaclyn). Motions referred to David Keesler. (Entered: 09/18/2023)

Sept. 18, 2023

Sept. 18, 2023

PACER
58

ORDER granting 57 Joint Motion for Leave to File Excess Pages. Signed by US Magistrate Judge David Keesler on 9/18/23. (mga) (Entered: 09/18/2023)

Sept. 18, 2023

Sept. 18, 2023

PACER
59

MOTION for Summary Judgment by Abhay Agarwal, Elton Amos, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee(in his official capacity as Secretary of the North Carolina Department of Adult Correction), Todd Ishee(in his official capacity as Commissioner of Prisons, Division of Prisons, North Carolina Department of Public Safety), Gary Junker, Valerie Langley, North Carolina Department of Adult Corrections, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 10/19/2023 (Rodriguez, Orlando) (Entered: 10/05/2023)

Oct. 5, 2023

Oct. 5, 2023

PACER
60

MEMORANDUM in Support re 59 MOTION for Summary Judgment by Abhay Agarwal, Elton Amos, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee(in his official capacity as Secretary of the North Carolina Department of Adult Correction), Todd Ishee(in his official capacity as Commissioner of Prisons, Division of Prisons, North Carolina Department of Public Safety), Gary Junker, Valerie Langley, North Carolina Department of Adult Corrections, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. (Rodriguez, Orlando) (Entered: 10/05/2023)

Oct. 5, 2023

Oct. 5, 2023

PACER
61

Appendix by Abhay Agarwal, Elton Amos, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee(in his official capacity as Secretary of the North Carolina Department of Adult Correction), Todd Ishee(in his official capacity as Commissioner of Prisons, Division of Prisons, North Carolina Department of Public Safety), Gary Junker, Valerie Langley, North Carolina Department of Adult Corrections, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Appendix re: 60 Memorandum in Support of Motion,, (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Envelope, # 5 Envelope, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Affidavit)(Rodriguez, Orlando) (Entered: 10/05/2023)

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4 Envelope

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36 Exhibit

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38 Exhibit

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39 Exhibit

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40 Affidavit

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Oct. 5, 2023

Oct. 5, 2023

PACER
62

MOTION for Partial Summary Judgment - Expedited Consideration Requested by Kanautica Zayre-Brown. Responses due by 10/19/2023 (Attachments: # 1 Exhibit Transcript Excerpts - Deposition of Sara Boyd, Ph.D., # 2 Exhibit Expert Report of Randi C. Ettner, Ph.D., # 3 Exhibit Transcript Excerpts - Deposition of Kanautica Zayre-Brown, # 4 Exhibit WPATH Standards of Care, Version 7, # 5 Exhibit Transcript Excerpts - 30(b)(6) Deposition of Arthur Campbell, M.D., # 6 Exhibit Health and Wellness Services Organization Policy, # 7 Exhibit Utilization Management Policy, # 8 Exhibit Transcript Excerpts - Deposition of Terri Catlett, # 9 Exhibit Defendants' Interrogatory Responses, # 10 Exhibit Transcript Excerpts - Deposition of Gary Junker, Ph.D., # 11 Exhibit Transcript Excerpts - Deposition of Arthur Campbell, M.D., # 12 Exhibit Transcript Excerpts - 30(6)(b) Deposition of Dr. Lewis J. Peiper, # 13 Exhibit Transcript Excerpts - Deposition of Brian Sheitman, M.D., # 14 Exhibit Transcript Excerpts - Deposition of Brandeshawn Harris, # 15 Exhibit Transcript Excerpts - Deposition of Patricia Hahn, Ph.D., # 16 Exhibit Declaration of Katherine Croft, B.S.N. R.N., # 17 Exhibit Declaration of Bradley Figler, M.D., # 18 Exhibit Declaration of Donald Caraccio, M.D., # 19 Exhibit Declaration of Jennifer Dula, MSW, # 20 Exhibit September 16, 2021 Medical Record, # 21 Exhibit November 2, 2021 Medical Record, # 22 Exhibit Transcript Excerpts - Deposition of Dr. Lewis J. Peiper, # 23 Exhibit Transcript Excerpts - Deposition of Marvella Bowman, Ph.D., # 24 Exhibit Second Declaration of Kanautica Zayre-Brown, # 25 Exhibit Transcript Excerpts - Deposition of Joseph Penn, M.D., # 26 Appendix of Exhibits) (Maffetore, Jaclyn) (Entered: 10/05/2023)

1 Exhibit Transcript Excerpts - Deposition of Sara Boyd, Ph.D.

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2 Exhibit Expert Report of Randi C. Ettner, Ph.D.

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3 Exhibit Transcript Excerpts - Deposition of Kanautica Zayre-Brown

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4 Exhibit WPATH Standards of Care, Version 7

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5 Exhibit Transcript Excerpts - 30(b)(6) Deposition of Arthur Campbell, M.D.

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6 Exhibit Health and Wellness Services Organization Policy

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7 Exhibit Utilization Management Policy

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8 Exhibit Transcript Excerpts - Deposition of Terri Catlett

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9 Exhibit Defendants' Interrogatory Responses

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10 Exhibit Transcript Excerpts - Deposition of Gary Junker, Ph.D.

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11 Exhibit Transcript Excerpts - Deposition of Arthur Campbell, M.D.

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12 Exhibit Transcript Excerpts - 30(6)(b) Deposition of Dr. Lewis J. Peiper

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13 Exhibit Transcript Excerpts - Deposition of Brian Sheitman, M.D.

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14 Exhibit Transcript Excerpts - Deposition of Brandeshawn Harris

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15 Exhibit Transcript Excerpts - Deposition of Patricia Hahn, Ph.D.

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16 Exhibit Declaration of Katherine Croft, B.S.N. R.N.

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17 Exhibit Declaration of Bradley Figler, M.D.

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18 Exhibit Declaration of Donald Caraccio, M.D.

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19 Exhibit Declaration of Jennifer Dula, MSW

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20 Exhibit September 16, 2021 Medical Record

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21 Exhibit November 2, 2021 Medical Record

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22 Exhibit Transcript Excerpts - Deposition of Dr. Lewis J. Peiper

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23 Exhibit Transcript Excerpts - Deposition of Marvella Bowman, Ph.D.

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24 Exhibit Second Declaration of Kanautica Zayre-Brown

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25 Exhibit Transcript Excerpts - Deposition of Joseph Penn, M.D.

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26 Appendix of Exhibits

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Oct. 5, 2023

Oct. 5, 2023

PACER
63

MEMORANDUM in Support re 62 MOTION for Partial Summary Judgment - Expedited Consideration Requested by Kanautica Zayre-Brown. (Maffetore, Jaclyn) (Entered: 10/05/2023)

Oct. 5, 2023

Oct. 5, 2023

PACER
64

RESPONSE in Opposition re 62 MOTION for Partial Summary Judgment - Expedited Consideration Requested by Abhay Agarwal, Elton Amos, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee(in his official capacity as Secretary of the North Carolina Department of Adult Correction), Todd Ishee(in his official capacity as Commissioner of Prisons, Division of Prisons, North Carolina Department of Public Safety), Gary Junker, Valerie Langley, North Carolina Department of Adult Corrections, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Replies due by 10/26/2023 (Rodriguez, Orlando) (Entered: 10/19/2023)

Oct. 19, 2023

Oct. 19, 2023

PACER
65

Appendix by Abhay Agarwal, Elton Amos, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee(in his official capacity as Secretary of the North Carolina Department of Adult Correction), Todd Ishee(in his official capacity as Commissioner of Prisons, Division of Prisons, North Carolina Department of Public Safety), Gary Junker, Valerie Langley, North Carolina Department of Adult Corrections, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Appendix re: 64 Response in Opposition to Motion,, (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Envelope, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit)(Rodriguez, Orlando) (Entered: 10/19/2023)

1 Exhibit

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4 Exhibit

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6 Exhibit

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7 Envelope

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8 Exhibit

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9 Exhibit

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10 Exhibit

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11 Exhibit

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12 Exhibit

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16 Exhibit

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17 Exhibit

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Oct. 19, 2023

Oct. 19, 2023

PACER
66

MEMORANDUM in Opposition re 59 MOTION for Summary Judgment by Kanautica Zayre-Brown. Replies due by 10/26/2023 (Attachments: # 1 Exhibit 1 - 8/23/22 Hearing Transcript, # 2 Exhibit 2 - ADA Recommendation, # 3 Appendix of Response Exhibits)(Maffetore, Jaclyn) (Entered: 10/19/2023)

1 Exhibit 1 - 8/23/22 Hearing Transcript

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2 Exhibit 2 - ADA Recommendation

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3 Appendix of Response Exhibits

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Oct. 19, 2023

Oct. 19, 2023

PACER
67

Exhibit to 62 Motion for Partial Summary Judgment (Corrected) (Maffetore, Jaclyn) Modified text on 10/24/2023 (ams). (Entered: 10/20/2023)

Oct. 20, 2023

Oct. 20, 2023

PACER
68

REPLY to Response to Motion re 62 MOTION for Partial Summary Judgment - Expedited Consideration Requested by Kanautica Zayre-Brown. (Attachments: # 1 Exhibit 1 - Expert Rebuttal Report of Dr. Ettner, # 2 Exhibit 2 - Expert Rebuttal Report of Dr. Antommaria, # 3 Appendix of Reply Exhibits)(Maffetore, Jaclyn) (Entered: 10/26/2023)

1 Exhibit 1 - Expert Rebuttal Report of Dr. Ettner

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2 Exhibit 2 - Expert Rebuttal Report of Dr. Antommaria

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3 Appendix of Reply Exhibits

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Oct. 26, 2023

Oct. 26, 2023

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69

REPLY to Response to Motion re 59 MOTION for Summary Judgment by Abhay Agarwal, Elton Amos, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee(in his official capacity as Secretary of the North Carolina Department of Adult Correction), Todd Ishee(in his official capacity as Commissioner of Prisons, Division of Prisons, North Carolina Department of Public Safety), Gary Junker, Valerie Langley, North Carolina Department of Adult Corrections, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. (Rodriguez, Orlando) (Entered: 10/26/2023)

Oct. 26, 2023

Oct. 26, 2023

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70

MOTION to Strike Expert Testimony of Dr. Boyd by Kanautica Zayre-Brown. Responses due by 11/9/2023 (Attachments: # 1 Exhibit 1 - Deposition of Dr. Boyd) (Maffetore, Jaclyn) (Entered: 10/26/2023)

1 Exhibit 1 - Deposition of Dr. Boyd

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Oct. 26, 2023

Oct. 26, 2023

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71

Appendix by Abhay Agarwal, Elton Amos, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee(in his official capacity as Secretary of the North Carolina Department of Adult Correction), Todd Ishee(in his official capacity as Commissioner of Prisons, Division of Prisons, North Carolina Department of Public Safety), Gary Junker, Valerie Langley, North Carolina Department of Adult Corrections, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Appendix re: 69 Reply to Response to Motion,, (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Rodriguez, Orlando) (Entered: 10/26/2023)

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Oct. 26, 2023

Oct. 26, 2023

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72

MEMORANDUM in Support re 70 MOTION to Strike Expert Testimony of Dr. Boyd by Kanautica Zayre-Brown. (Maffetore, Jaclyn) (Entered: 10/26/2023)

Oct. 26, 2023

Oct. 26, 2023

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73

MOTION to Strike Expert Testimony of Dr. Li by Kanautica Zayre-Brown. Responses due by 11/9/2023 (Attachments: # 1 Exhibit 1 - Deposition of Dr. Li) (Maffetore, Jaclyn) (Entered: 10/26/2023)

1 Exhibit 1 - Deposition of Dr. Li

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Oct. 26, 2023

Oct. 26, 2023

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74

MEMORANDUM in Support re 73 MOTION to Strike Expert Testimony of Dr. Li by Kanautica Zayre-Brown. (Maffetore, Jaclyn) (Entered: 10/26/2023)

Oct. 26, 2023

Oct. 26, 2023

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75

MOTION to Strike Expert Testimony of Dr. Penn by Kanautica Zayre-Brown. Responses due by 11/9/2023 (Attachments: # 1 Exhibit 1 - Deposition of Dr. Penn) (Maffetore, Jaclyn) (Entered: 10/26/2023)

1 Exhibit 1 - Deposition of Dr. Penn

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Oct. 26, 2023

Oct. 26, 2023

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76

MEMORANDUM in Support re 75 MOTION to Strike Expert Testimony of Dr. Penn by Kanautica Zayre-Brown. (Maffetore, Jaclyn) (Entered: 10/26/2023)

Oct. 26, 2023

Oct. 26, 2023

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77

MOTION for Extension of Time to File Response/Reply re: 70 MOTION to Strike Expert Testimony of Dr. Boyd, 73 MOTION to Strike Expert Testimony of Dr. Li, 75 MOTION to Strike Expert Testimony of Dr. Penn by Abhay Agarwal, Elton Amos, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee(in his official capacity as Secretary of the North Carolina Department of Adult Correction), Todd Ishee(in his official capacity as Commissioner of Prisons, Division of Prisons, North Carolina Department of Public Safety), Gary Junker, Valerie Langley, North Carolina Department of Adult Corrections, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 11/13/2023 (Rodriguez, Orlando). Motions referred to David Keesler. (Entered: 10/27/2023)

Oct. 27, 2023

Oct. 27, 2023

PACER
78

MEMORANDUM in Opposition re 77 MOTION for Extension of Time to File Response/Reply re: 70 MOTION to Strike Expert Testimony of Dr. Boyd, 73 MOTION to Strike Expert Testimony of Dr. Li, 75 MOTION to Strike Expert Testimony of Dr. Penn < by Kanautica Zayre-Brown. Replies due by 11/6/2023 (Maffetore, Jaclyn) (Entered: 10/30/2023)

Oct. 30, 2023

Oct. 30, 2023

PACER
79

ORDER granting Defendants' 77 Motion for Extension of Time to File Response/Reply re: 70 MOTION to Strike Expert Testimony of Dr. Boyd, 73 MOTION to Strike Expert Testimony of Dr. Li, 75 MOTION to Strike Expert Testimony of Dr. Penn. Responses due by 12/11/2023. Signed by US Magistrate Judge David Keesler on 10/30/23. (mga) (Entered: 10/30/2023)

Oct. 30, 2023

Oct. 30, 2023

PACER

Notice of Hearing on Motion

Nov. 1, 2023

Nov. 1, 2023

PACER

NOTICE of Hearing on Motion re: 59 MOTION for Summary Judgment, 62 MOTION for Partial Summary Judgment - Expedited Consideration Requested : Motion Hearing set for 11/9/2023 10:15 AM in Courtroom #5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. This is your only notice - you will not receive a separate document.(ams)

Nov. 1, 2023

Nov. 1, 2023

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Prison Conditions

Disability Rights

Key Dates

Filing Date: April 28, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A transgender woman incarcerated by the North Carolina Department of Public Safety

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

North Carolina Department of Public Safety, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Disability and Disability Rights:

disability, unspecified

Discrimination Basis:

Gender identity

Affected Sex/Gender(s):

Female

Transgender

LGBTQ+:

LGBTQ+