Case: Hersom v. Crouch

2:21-cv-00450 | U.S. District Court for the Southern District of West Virginia

Filed Date: Aug. 12, 2021

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary, while we research the case.) This case centers around the West Virginia Department of Health and Human Services's refusal to correct gender markers on the birth certificates of transgender West Virginians. This case is ongoing.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60178151/parties/hersom-v-crouch/


Judge(s)

Goodwin, Joseph Robert (West Virginia)

Attorney for Plaintiff

Brown, Meredith Taylor (West Virginia)

Chen, Alexander (West Virginia)

Attorney for Defendant

Capehart, Curtis R. (West Virginia)

Compton, Steven Ray (West Virginia)

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Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60178151/hersom-v-crouch/

Last updated Aug. 9, 2025, 11:12 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY, INJUNCTIVE, AND OTHER RELIEF. Filing Fee $402.00. Receipt # AWVSDC-8009016. (Attachments: # 1 Proposed Summons as to Bill Crouch, # 2 Proposed Summons as to Ayne Amjad, # 3 Proposed Summons as to Matthew Wickert, # 4 Civil Cover Sheet) (mms)

1 Proposed Summons as to Bill Crouch

View on PACER

2 Proposed Summons as to Ayne Amjad

View on PACER

3 Proposed Summons as to Matthew Wickert

View on PACER

4 Civil Cover Sheet

View on PACER

Aug. 12, 2021

Aug. 12, 2021

RECAP

Case Assigned

Aug. 12, 2021

Aug. 12, 2021

PACER
2

MOTION by John Doe for Protective Order and Leave to Proceed Anonymously. (Attachment: # 1 Proposed Order of Protection Allowing Plaintiff John Doe to Proceed Anonymously) (mms)

1 Proposed Order of Protection Allowing Plaintiff John Doe to Proceed Anonymously

View on RECAP

Aug. 12, 2021

Aug. 12, 2021

RECAP
3

ELECTRONIC SUMMONS ISSUED as to Bill J. Crouch, Ayne Amjad, and Matthew Wickert, re: 1 Complaint for Declaratory, Injuctive and Other Relief. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: # 1 Summons as to Ayne Amjad, # 2 Summons as to Matthew Wickert) (mms)

Aug. 12, 2021

Aug. 12, 2021

PACER

CASE assigned to Chief Judge Thomas E. Johnston. (klc)

Aug. 12, 2021

Aug. 12, 2021

PACER
4

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (klc)

Aug. 13, 2021

Aug. 13, 2021

PACER

Case Assigned

Aug. 13, 2021

Aug. 13, 2021

PACER
5

CLERK'S ORDER REASSIGNING CASE. For reasons appearing to the court, this case is reassigned from Judge Thomas E. Johnston to Judge Joseph R. Goodwin. Signed by Clerk of Court Rory L. Perry II on 8/16/2021. (cc: Judge Johnston; Judge Goodwin; counsel of record; any unrepresented party) (klc)

Aug. 16, 2021

Aug. 16, 2021

PACER
6

SUMMONS RETURNED EXECUTED for Bill J. Crouch, re: 1 Complaint and 2 Motion for Protective Order. Bill J. Crouch served on 8/18/2021, answer due 9/8/2021. (Stark, Loree)

Aug. 18, 2021

Aug. 18, 2021

PACER
7

SUMMONS RETURNED EXECUTED for Ayne Amjad, re: 1 Complaint and 2 Motion for Protective Order. Ayne Amjad served on 8/18/2021, answer due 9/8/2021. (Stark, Loree)

Aug. 18, 2021

Aug. 18, 2021

PACER
8

SUMMONS RETURNED EXECUTED for Matthew Wickert, re: 1 Complaint and 2 Motion for Protective Order. Matthew Wickert served on 8/18/2021, answer due 9/8/2021. (Stark, Loree)

Aug. 18, 2021

Aug. 18, 2021

PACER
9

STATEMENT OF VISITING ATTORNEY from Malita Picasso on behalf of John Doe, Xavier Hersom. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-8013561. (Stark, Loree)

Aug. 18, 2021

Aug. 18, 2021

PACER
10

PROOF/CERTIFICATE OF SERVICE by Xavier Hersom, John Doe for Complaint and Initial Pleadings. (Stark, Loree)

Aug. 18, 2021

Aug. 18, 2021

PACER
11

STATEMENT OF VISITING ATTORNEY from Meredith Taylor Brown on behalf of John Doe, Xavier Hersom. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-8016178. (Stark, Loree)

Aug. 23, 2021

Aug. 23, 2021

PACER
12

ANSWER TO 1 Complaint with Jury Demand by Ayne Amjad, Bill J. Crouch, Matthew Wickert. (Capehart, Curtis) (Modified on 9/9/2021 to add jury demand) (kew).

Sept. 8, 2021

Sept. 8, 2021

RECAP
13

ORDER AND NOTICE: Motions under Fed. R. Civ. P. 12(b) - 9/30/2021. Last day for Rule 26(f) meeting - 10/13/2021. Last day to file report of Rule 26(f) meeting - 10/20/2021. Scheduling Conference at 9:00 a.m., on 11/3/2021 at the Robert C. Byrd United States Courthouse, 300 Virginia Street East, Room 6610 (Library/Conference Room), Charleston, WV. Entry of scheduling order - 11/8/2021. Last day to make Rule 26(a)(1) disclosures - 11/15/2021. Signed by Judge Joseph R. Goodwin on 9/9/2021. (cc: counsel of record; any unrepresented parties) (lca)

Sept. 9, 2021

Sept. 9, 2021

RECAP
14

STATEMENT OF VISITING ATTORNEY from Alexander Chen on behalf of Xavier Hersom, John Doe. Local counsel: Loree Stark. Receipt # AWVSDC-8038297. (ts)

Sept. 22, 2021

Sept. 22, 2021

PACER
15

RULE 26(f) REPORT OF PLANNING MEETING by Xavier Hersom, John Doe, Bill J. Crouch, Ayne Amjad, Matthew Wickert. (Stark, Loree) (Modified on 10/21/2021 to add party filers) (kew).

Oct. 20, 2021

Oct. 20, 2021

PACER
16

SCHEDULING ORDER directing that the scheduling conference is cancelled and that this case shall proceed as follows: Amendment of pleadings and joinder of parties - 12/30/2021. Deadline for written discovery requests - 3/15/2022. Expert disclosure by party with burden of proof - 2/28/2022. Expert disclosure by opposing party - 3/30/2022. Expert disclosure for rebuttal purposes - 4/15/2022. Deposition deadline and close of discovery - 4/29/2022. Filing of dispositive motions - 5/19/2022. Responses to dispositive motions - 6/2/2022. Reply to response to dispositive motion - 6/9/2022. Hearing on motions for summary judgment on 7/11/2022 at 11:00 AM. Settlement meeting and mediation deadline - 7/20/2022. Filing of motions in limine - 7/27/2022. Responses to motions in limine - 8/3/2022. Plaintiff draft of pretrial order to defendant - 7/25/2022. Integrated pretrial order filed by defendant - 8/1/2022. Pretrial conference on 8/10/2022 at 10:00 AM. Proposed jury instructions filed - 8/16/2022. Final settlement conference on 8/22/2022 at 9:00 AM. Trial on 8/23/2022 at 8:30 AM. Signed by Judge Joseph R. Goodwin on 10/21/2021. (cc: counsel of record; any unrepresented parties) (ts)

Oct. 21, 2021

Oct. 21, 2021

PACER
17

CERTIFICATE OF SERVICE by Ayne Amjad, Bill J. Crouch, Matthew Wickert for Rule 26(a)(1) Disclosures. (Capehart, Curtis)

Oct. 28, 2021

Oct. 28, 2021

PACER
18

CERTIFICATE OF SERVICE by Xavier Hersom, John Doe for Rule 26(a)(1) Disclosures. (Stark, Loree)

Oct. 29, 2021

Oct. 29, 2021

PACER
19

CERTIFICATE OF SERVICE by Xavier Hersom, John Doe for Interrogatories and Requests for Production. (Stark, Loree)

Nov. 22, 2021

Nov. 22, 2021

PACER
20

CERTIFICATE OF SERVICE by Ayne Amjad, Bill J. Crouch, Matthew Wickert for Responses to First Set of Interrogatories. (Capehart, Curtis)

Jan. 14, 2022

Jan. 14, 2022

PACER
21

CERTIFICATE OF SERVICE by Ayne Amjad, Bill J. Crouch, Matthew Wickert for Responses to First Set of Requests for Production. (Capehart, Curtis)

Jan. 14, 2022

Jan. 14, 2022

PACER
22

NOTICE OF APPEARANCE by Nicholas Ward on behalf of Xavier Hersom, John Doe. (Ward, Nicholas)

Feb. 7, 2022

Feb. 7, 2022

PACER
23

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Loree Beth Stark updating name and/or firm information on behalf of Xavier Hersom, John Doe. (Stark, Loree)

Feb. 17, 2022

Feb. 17, 2022

PACER
24

CERTIFICATE OF SERVICE by Xavier Hersom, John Doe for Rule Initial Designation of Expert Witnesses. (Stark, Loree)

March 3, 2022

March 3, 2022

PACER
25

CERTIFICATE OF SERVICE by Xavier Hersom, John Doe for Notice of Deposition to All Defendants Pursuant to Fed. R. Civ. P. 30(b)(6). (Stark, Loree)

March 17, 2022

March 17, 2022

PACER
26

CERTIFICATE OF SERVICE by Xavier Hersom, John Doe for First Set of Requests for Admission to All Defendants. (Stark, Loree)

March 17, 2022

March 17, 2022

PACER
27

MEMORANDUM OPINION AND ORDER granting Plaintiff John Doe's 2 Motion to Proceed Anonymously. Signed by Judge Joseph R. Goodwin on 3/28/2022. (cc: counsel of record; any unrepresented party) (btm)

March 28, 2022

March 28, 2022

RECAP
28

ORDER directing that Plaintiff John Doe is permitted to bring this action as John Doe to protect his identity from public disclosure; in all publicly-filed documents, Plaintiff John Doe shall only be identified as John Doe; all documents filed with this court that contain the actual name of Plaintiff John Doe or contain information that identifies him, directly or indirectly, shall be filed under seal; upon request, Plaintiff John Doe shall disclose his identity to counsel for Defendants; counsel for Defendants may disclose Plaintiff John Does identity to the Defendants, their agents, and to any experts retained in this case, but only to the extent necessary to litigate this action; every individual to whom disclosure of Plaintiff John Does identity is made shall read and be bound by this Order; counsel for Defendants shall ensure that persons to whom disclosure is made under paragraphs four and five above are aware of this Order; and under no other circumstances shall any party or any other person disclose Plaintiff John Doe's identity without his counsel's written consent. Signed by Judge Joseph R. Goodwin on 3/28/2022. (cc: counsel of record; any unrepresented party) (lca)

March 28, 2022

March 28, 2022

RECAP
29

CERTIFICATE OF SERVICE by Ayne Amjad, Bill J. Crouch, Matthew Wickert for Declaration of James F. Cantor, Ph.D. (Capehart, Curtis)

March 30, 2022

March 30, 2022

PACER
30

NOTICE OF DEPOSITION by Xavier Hersom, John Doe of Cathy Garrison on 4/27/2022 at 11:00 a.m. (Stark, Loree)

April 12, 2022

April 12, 2022

PACER
31

NOTICE OF DEPOSITION by Xavier Hersom, John Doe of Matthew Wickert on 4/20/2022 at 11:00 a.m. (Stark, Loree)

April 12, 2022

April 12, 2022

PACER
32

NOTICE OF DEPOSITION by Xavier Hersom, John Doe of Patty Holstein on 4/21/2022 at 11:00 a.m. (Stark, Loree)

April 12, 2022

April 12, 2022

PACER
33

CERTIFICATE OF SERVICE by Ayne Amjad, Bill J. Crouch, Matthew Wickert for Responses to First Set of Requests for Admission. (Capehart, Curtis)

April 19, 2022

April 19, 2022

PACER
34

JOINT MOTION by Xavier Hersom, John Doe to Extend Discovery Deadline and Modification of the Current Schedule re: 16 Scheduling Order. (Stark, Loree) (Modified on 4/22/2022 to add link to #16 scheduling order) (kew).

April 22, 2022

April 22, 2022

PACER
35

AMENDED SCHEDULING ORDER granting the 34 Joint Motion to extend discovery deadlines and directing that this case shall proceed as follows: Deposition deadline and close of discovery - 6/30/2022. Filing of dispositive motions - 7/20/2022. Responses to dispositive motions - 8/3/2022. Reply to response to dispositive motion - 8/10/2022. Settlement meeting - 9/20/2022. Filing of motions in limine - 9/27/2022. Responses to motions in limine - 10/4/2022. Plaintiff draft of pretrial order to defendant - 9/26/2022. Integrated pretrial order filed by defendant - 10/3/2022. Pretrial conference on 10/17/2022 at 10:00 AM. Proposed jury instructions filed - 11/8/2022. Final settlement conference on 11/14/2022 at 9:30 AM. Trial on 11/15/2022 at 8:30 AM. Signed by Judge Joseph R. Goodwin on 4/25/2022. (cc: counsel of record; any unrepresented parties) (lca)

April 25, 2022

April 25, 2022

RECAP
36

JOINT MOTION by Xavier Hersom, John Doe to Hold Matter in Abeyance. (Stark, Loree) (Modified on 7/20/2022 to replace image) (ts).

July 20, 2022

July 20, 2022

RECAP

NOTICE OF DOCKET CORRECTION re: 36 Joint Motion by Xavier Hersom, John Doe to Stay. ERROR: Incorrect image attached. CORRECTION: Image replaced. (ts)

July 20, 2022

July 20, 2022

PACER

Notice Of Docket Correction

July 20, 2022

July 20, 2022

PACER
37

ORDER granting the 36 JOINT MOTION by Xavier Hersom and John Doe to Hold Matter in Abeyance; directing that this matter is held in Abeyance until 8/22/2022. Signed by Judge Joseph R. Goodwin on 7/21/2022. (cc: counsel of record; any unrepresented party) (arb)

July 22, 2022

July 22, 2022

RECAP
38

JOINT STATUS REPORT by Xavier Hersom, John Doe. (Stark, Loree)

Aug. 24, 2022

Aug. 24, 2022

RECAP
39

ORDER granting the parties' 38 motion to continue holding this matter in abeyance for an additional sixty days. Accordingly, this matter is HELD IN ABEYANCE until 10/28/2022. Signed by Judge Joseph R. Goodwin on 8/29/2022. (cc: counsel of record and any unrepresented party) (arb)

Aug. 29, 2022

Aug. 29, 2022

RECAP
40

NOTICE OF SUBSTITUTION OF SPONSORING ATTORNEY by Nicholas Ward substituting as sponsoring attorney for Alexander Chen in lieu of Loree Stark on behalf of Xavier Hersom, John Doe. (Ward, Nicholas)

Oct. 19, 2022

Oct. 19, 2022

PACER
41

NOTICE OF SUBSTITUTION OF SPONSORING ATTORNEY by Nicholas Ward substituting as sponsoring attorney for Leslie Cooper in lieu of Loree Stark on behalf of Xavier Hersom, John Doe. (Ward, Nicholas)

Oct. 19, 2022

Oct. 19, 2022

PACER
42

NOTICE OF SUBSTITUTION OF SPONSORING ATTORNEY by Nicholas Ward substituting as sponsoring attorney for Malita Picasso in lieu of Loree Stark on behalf of Xavier Hersom, John Doe. (Ward, Nicholas)

Oct. 19, 2022

Oct. 19, 2022

PACER
43

NOTICE OF SUBSTITUTION OF SPONSORING ATTORNEY by Nicholas Ward substituting as sponsoring attorney for Taylor Brown in lieu of Loree Stark on behalf of Xavier Hersom, John Doe. (Ward, Nicholas)

Oct. 19, 2022

Oct. 19, 2022

PACER
44

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Nicholas Ward substituting within-firm representation for Loree Stark on behalf of Xavier Hersom, John Doe. (Ward, Nicholas)

Oct. 19, 2022

Oct. 19, 2022

PACER
45

JOINT STATUS REPORT by Xavier Hersom, John Doe. (Attachment: # 1 Exhibit A)(Ward, Nicholas)

1 Exhibit A

View on RECAP

Oct. 26, 2022

Oct. 26, 2022

RECAP
46

ORDER directing the remaining requirements of the 35 Scheduling Order be continued and the Clerk is directed to retire this action from the active docket; the parties may submit an agreed order of dismissal within sixty days of the entry of this Order, otherwise, dismissal will be without prejudice. Signed by Judge Joseph R. Goodwin on 10/26/2022. (cc: counsel of record; any unrepresented party) (ts)

Oct. 26, 2022

Oct. 26, 2022

RECAP

Case Details

State / Territory: West Virginia

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Aug. 12, 2021

Closing Date: Oct. 26, 2022

Case Ongoing: Yes

Case Details

Available Documents:

Trial Court Docket

Issues

LGBTQ+:

LGBTQ+

Transgender: IDs