Case: Bruce v. State of South Dakota

Legal Defense Fund

COMPLAINT filed by Terri Bruce. (Attachments: # 1 Exhibit A - USEEOC Determination, # 2 Exhibit B - Notice of Right to Sue, # 3 Exhibit C - 5/9/2016 Letter from Health Management Partners, # 4 Exhibit D - 5/26/2016 Letter from South Dakota State Employee Benefits Program) (SRC) (Entered: 10/13/2017)

1 Exhibit A - USEEOC Determination

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2 Exhibit B - Notice of Right to Sue

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3 Exhibit C - 5/9/2016 Letter from Health Management Partners

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4 Exhibit D - 5/26/2016 Letter from South Dakota State Employee Benefits Program

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CIVIL COVER SHEET. (SRC) (Entered: 10/13/2017)

Filing Fee Received from Terri Bruce. Fee Amount: $400, Receipt No.: #SDX500005054. (SRC) (Entered: 10/13/2017)

Summons Issued as to Laurie Gill, State of South Dakota. 2 original summons, 3 A085s, and one Rule 73 memo delivered to plaintiff's counsel via hand-delivery to law office staff. (SRC) (Main Document 4 replaced on 10/13/2017) (KLK). (Entered: 10/13/2017)

MOTION for Attorney Courtney A. Bowie to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-2629915) by Terri Bruce. (Leach, James) (Entered: 10/13/2017)

MOTION for Attorney Joshua A. Block to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-2629922) by Terri Bruce. (Leach, James) (Entered: 10/13/2017)

MOTION for Attorney Leslie Cooper to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-2629924) by Terri Bruce. (Leach, James) (Entered: 10/13/2017)

ORDER granting 5 Motion for Admission Pro Hac Vice of Courtney A. Bowie. Signed by Chief Judge Jeffrey L. Viken on 10/16/17. (SB) (Entered: 10/16/2017)

ORDER granting 6 Motion for Admission Pro Hac Vice of Joshua A. Block. Signed by Chief Judge Jeffrey L. Viken on 10/16/17. (SB) (Entered: 10/16/2017)

ORDER granting 7 Motion for Admission Pro Hac Vice of Leslie Cooper. Signed by Chief Judge Jeffrey L. Viken on 10/16/17. (SB) (Entered: 10/16/2017)

ACKNOWLEDGEMENT OF SERVICE Executed Acknowledgement filed by Terri Bruce. (Leach, James) (Entered: 10/19/2017)

ACKNOWLEDGEMENT OF SERVICE Executed 10/25/17 by Laurie Gill Acknowledgement filed by Terri Bruce. (Leach, James) (Entered: 10/25/2017)

NOTICE of Extension of Time to Answer or Otherwise Respond by Laurie Gill, State of South Dakota Notice of Unopposed Extension of Time to Answer Complaint. (Johnson, Gerald) Modified on 11/6/2017 per instructions from JLV chambers (SRC). (Entered: 11/02/2017)

TEXT ORDER granting 13 Motion for Extension of Time. Defendants shall file their answer by 11/29/17. Signed by Chief Judge Jeffrey L. Viken on 11/7/17. (SB) (Entered: 11/07/2017)

Order on Motion for Extension of Time re Transcript

NOTICE of Appearance by Gerald D. Johnson on behalf of Laurie Gill, State of South Dakota. (Johnson, Gerald) (Entered: 11/08/2017)

Defendants' ANSWER to 1 Complaint, with Jury Demand by All Defendants. (Johnson, Gerald) (Entered: 11/28/2017)

ORDER for Discovery Report and Scheduling Information. Signed by Chief Judge Jeffrey L. Viken on 11/29/17. (SB) (Entered: 11/29/2017)

Discovery Report by State, Laurie Gill, and by Terri Bruce.(Leach, James) (Entered: 01/03/2018)

SCHEDULING ORDER: Discovery due by 9/5/2018. Motions due by 10/5/2018. Signed by Chief Judge Jeffrey L. Viken on 1/12/18. (SB) (Entered: 01/12/2018)

Consent MOTION to Extend Deadlines by Terri Bruce. (Leach, James) (Entered: 02/22/2018)

ORDER granting 20 Motion to Extend Deadlines. Signed by Chief Judge Jeffrey L. Viken on 3/2/18. (SB) (Entered: 03/02/2018)

Consent MOTION to Amend/Correct 1 Complaint, by Terri Bruce. (Attachments: # 1 Exhibit Proposed Amended Complaint, # 2 Exhibit E-mail documenting consent) (Leach, James) (Entered: 06/20/2018)

ORDER granting 22 Motion to Amend. Signed by Chief Judge Jeffrey L. Viken on 6/29/18. (SB) (Entered: 06/27/2018)

AMENDED COMPLAINT filed by Terri Bruce. (Attachments: # 1 Exhibit 6/21/17 Letter from EEOC to Mr. Bruce and State, # 2 Exhibit Notice of Right to Sue, # 3 Exhibit 5/9/16 Letter re: Administrative Non-Certification, # 4 Exhibit 5/26/16 Letter South Dakota to Mr. Bruce, # 5 Exhibit Notice of Scrivener's Error) (Leach, James) (Entered: 07/02/2018)

STIPULATION by State, Laurie Gill, and by Terri Bruce. (Leach, James) (Entered: 07/02/2018)

Defendants' ANSWER to 24 Amended Complaint, by All Defendants. (Johnson, Gerald) (Entered: 07/13/2018)

Unopposed MOTION to Extend Deadlines Motion to Extend Briefing Deadlines by Laurie Gill, State of South Dakota. (Johnson, Gerald) (Entered: 09/13/2018)

TEXT ORDER granting 27 Motion to Extend Deadlines. All motions, other than motions in limine, together with supporting briefs, shall be filed and served on or before 10/26/18. Response briefs shall be filed and served by 12/3/18. Reply briefs shall be filed and served by 12/17/18. Signed by Chief Judge Jeffrey L. Viken on 9/14/18. (SB) (Entered: 09/14/2018)

MOTION for SUMMARY JUDGMENT by Terri Bruce. (Leach, James) (Entered: 10/26/2018)

AFFIDAVIT in Support re 29 MOTION for SUMMARY JUDGMENT filed by Terri Bruce. (Leach, James) (Entered: 10/26/2018)

AFFIDAVIT in Support re 29 MOTION for SUMMARY JUDGMENT filed by Terri Bruce. (Attachments: # 1 Exhibit South Dakota State Employee Health Plan (partial), # 2 Exhibit Defendants' Responses to Plaintif's First set of Interrogatories, # 3 Exhibit Defendants' First Supplemental Response to Interrogatory No. 1, # 4 Exhibit Defendants' First Supplemental Response to Plaintiff's Second Set of Interrogatories, # 5 Exhibit Expert Report and Declaration of Dr. George Brown, # 6 Exhibit Supplemental Expert Report and Declaration of Dr. George Brown, # 7 Exhibit Rebuttal Expert Report and Declaration of Dr. George Brown, # 8 Exhibit Dr. George Brown's c.v., # 9 Exhibit Rebutal Expert Report and Declaration of Dr. Loren Schechter, # 10 Exhibit Expert Report and Declaration of Dr. Paul Hruz, # 11 Exhibit Expert Report and Declaration of Dr. Daniel Sutphin, # 12 Exhibit Deposition of Dr. Paul Hruz, # 13 Exhibit Deposition of Dr. Daniel Sutphin, # 14 Exhibit Rule 30(b)(6) Deposition of Defendant Laurie Gill, # 15 Exhibit Rule 30(b)(6) Deposition of Thomas Steckel, # 16 Exhibit Rule 30(b)(6) Deposition of Dr. Jeff Luther, # 17 Exhibit Aetna's insurance coverage guidelines for gender dysphoria, # 18 Exhibit Anthem's insurance coverage guidelines for gender dysphoria, # 19 Exhibit Blue Cross Blue Shield of North Dakota's insurance coverage guidelines for gender dysphoria, # 20 Exhibit Cigna's insurance coverage guidelines for gender dysphoria, # 21 Exhibit United Healthcare's insurance coverage guidelines for gender dysphoria, # 22 Exhibit US Dept of H&HS's Departmental Appeals Board's 2014 decisioin re transition-related surgery, # 23 Exhibit US Dept. of H&HS's Center for Medicare & Medicaid Service's 2016 decision memo re a national coverage decision for transition-related surgery, # 24 Exhibit Amer. Med. Assn. (2008) Resolution 122 (A-08), # 25 Exhibit Amer. Psychiatric. Assoc. Position Statement on Access to Care for Transgerder and Gender Variant Individuals (2012), # 26 Exhibit Endocrine Treatment of Gender-Dysphoric/Generder-Incongruent Persons: An Endocrime Society Clinical Practice Guideline, # 27 Exhibit Amer. Psychological Assoc. Policy Statement on Transgender, General Identity and Gender Expression Nondiscrimination (2008), # 28 Exhibit Milliman Care Guidelines' Summary of Guideline Development Policies and Procedures, # 29 Exhibit Milliman Care Guidelines for Mastectomy for Gynecomastia, # 30 Exhibit Milliman Care Guidelines for chest surgery to treat gender dysphoria, # 31 Exhibit Milliman Care Guideliens for genital surgery to treat genderal dysphoria) (Leach, James) (Entered: 10/26/2018)

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STATEMENT OF UNDISPUTED MATERIAL FACTS re 29 Motion for Summary Judgment filed by Terri Bruce. (Leach, James) (Entered: 10/26/2018)

MEMORANDUM in Support re 29 MOTION for SUMMARY JUDGMENT filed by Terri Bruce. (Leach, James) (Entered: 10/26/2018)

MOTION for SUMMARY JUDGMENT by Laurie Gill, State of South Dakota. (Johnson, Gerald) (Entered: 10/26/2018)

MEMORANDUM in Support re 34 MOTION for SUMMARY JUDGMENT filed by Laurie Gill, State of South Dakota. (Johnson, Gerald) (Entered: 10/26/2018)

STATEMENT OF UNDISPUTED MATERIAL FACTS re 34 Motion for Summary Judgment filed by All Defendants. (Johnson, Gerald) (Entered: 10/26/2018)

AFFIDAVIT in Support re 34 MOTION for SUMMARY JUDGMENT filed by All Defendants. (Attachments: # 1 Exhibit Hruz expert declaration, # 2 Exhibit Sutphin expert declaration, # 3 Exhibit Luther Affidavit, # 4 Exhibit DSM-V pages, # 5 Exhibit WPATH pages, # 6 Exhibit Health Plan pages, # 7 Exhibit Pla Ans IROGS, # 8 Exhibit Snyder Notes - Ltr, # 9 Exhibit HMP denial, # 10 Exhibit Steckel letter, # 11 Exhibit Lamprakos letter, # 12 Exhibit Def Ans Pla 1st IROGs, # 13 Exhibit Decision Memo 2016, # 14 Exhibit Addtl docs produced with RFP, # 15 Exhibit Def Ans Pla 2nd IROGs, # 16 Exhibit Numbers costs mastectomies, # 17 Exhibit AON cost info, # 18 Exhibit Depo Laurie Gill pages, # 19 Exhibit Depo Steckel pages, # 20 Exhibit Depo Luther pages, # 21 Exhibit Depo Schechter pages) (Johnson, Gerald) (Entered: 10/26/2018)

CERTIFICATE Compliance by Laurie Gill, State of South Dakota (Johnson, Gerald) (Entered: 10/26/2018)

RESPONSE to Motion re 34 MOTION for SUMMARY JUDGMENT filed by Terri Bruce. (Leach, James) (Entered: 12/03/2018)

STATEMENT OF DISPUTED MATERIAL FACTS re 34 Motion for Summary Judgment filed by Terri Bruce. (Leach, James) (Entered: 12/03/2018)

AFFIDAVIT in Opposition re 34 MOTION for SUMMARY JUDGMENT filed by Terri Bruce. (Attachments: # 1 Exhibit Excerpts Sutphin Deposition, # 2 Exhibit Excerpts Schechter Deposition, # 3 Exhibit Excerpts Brown Deposition) (Leach, James) (Entered: 12/03/2018)

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RESPONSE to Motion re 29 MOTION for SUMMARY JUDGMENT filed by All Defendants. (Johnson, Gerald) (Entered: 12/03/2018)

RESPONSE to 32 Statement of Material Facts filed by All Defendants. (Johnson, Gerald) (Entered: 12/03/2018)

Supplemental AFFIDAVIT in Support re 34 MOTION for SUMMARY JUDGMENT filed by All Defendants. (Attachments: # 1 Exhibit 22 - Dr. Hruz depo pages, # 2 Exhibit 23 - Dr. Brown depo pages, # 3 Exhibit 24 - Dr. Sutphin depo pages, # 4 Exhibit Dr. Luther depo pages, # 5 Exhibit Laurie Gill depo pages) (Johnson, Gerald) Modified text on 12/4/2018 (SST). (Entered: 12/03/2018)

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CERTIFICATE of Compliance by Laurie Gill, State of South Dakota (Johnson, Gerald) (Entered: 12/03/2018)

Unopposed MOTION to Stay Briefing Schedule by Terri Bruce. (Leach, James) Modified text on 12/6/2018 (SST). (Entered: 12/05/2018)

TEXT ORDER granting 46 Motion to Extend 28 scheduling order. The parties shall file additional motions or briefing by 1/4/19. Signed by Chief Judge Jeffrey L. Viken on 12/6/18. (SB) (Entered: 12/06/2018)

STATEMENT by Defendants Laurie Gill, State of South Dakota re 47 Order on Motion to Stay DEFENDANTS' STATEMENT NOTING DEATH OF TERRI BRUCE (Johnson, Gerald) (Entered: 12/10/2018)

TEXT ORDER staying all deadlines pending further order of the court. Signed by Chief Judge Jeffrey L. Viken on 1/4/19. (SB) (Entered: 01/04/2019)

Consent MOTION to DISMISS by Terri Bruce. (Leach, James) (Entered: 01/14/2019)

RESPONSE to 50 Motion to Dismiss Defendants' Response to Plaintiff's Motion to Voluntarily Dismiss Case filed by All Defendants. (Johnson, Gerald) (Entered: 01/15/2019)

ORDER granting 50 Motion to Dismiss. Signed by Chief Judge Jeffrey L. Viken on 1/25/19. (SB) (Entered: 01/25/2019)