Case: Gordon v. Aetna Life Insurance Company

3:24-cv-01447 | U.S. District Court for the District of Connecticut

Filed Date: Sept. 10, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about an insurance company’s denial of gender-affirming care for transgender individuals.  On September 10, 2024, three transgender women filed this putative class action lawsuit in the District of Connecticut after being denied insurance coverage for medically necessary gender-affirming facial reconstruction procedures. They sued Aetna Life Insurance Company under Section 1557 of the Affordable Care Act, 42 U.S.C. § 18116, which prohibits discrimination on the basis of race, col…

This is a case about an insurance company’s denial of gender-affirming care for transgender individuals. 

On September 10, 2024, three transgender women filed this putative class action lawsuit in the District of Connecticut after being denied insurance coverage for medically necessary gender-affirming facial reconstruction procedures. They sued Aetna Life Insurance Company under Section 1557 of the Affordable Care Act, 42 U.S.C. § 18116, which prohibits discrimination on the basis of race, color, national origin, age, disability, or sex. Represented by Advocates for Trans Equality and private counsel, the plaintiffs alleged that Aetna’s categorical exclusion of coverage for medically necessary gender-affirming facial reconstruction (“GAFR”) surgeries and procedures violated Section 1557. The case was assigned to Judge Victor A. Bolden.

Where a health insurance plan is silent on a particular benefit, Aetna allegedly uses its clinical policy bulletins to determine medical necessity. Plaintiffs claimed that, because Aetna’s Clinical Policy Bulletin on Gender Affirming Surgery (“CPB 0615”) excluded GAFR, Aetna categorically denied coverage for GAFR regardless of medical necessity. They sought a declaratory judgment that Aetna’s GAFR coverage exclusion in CPB 0615 violated Section 1557, a permanent injunction barring its enforcement, compensatory damages for Aetna plan holders forced to pay for GAFR treatments out of pocket, and reasonable attorneys’ fees. The plaintiffs also sought class certification for two groups: (1) a damages class of transgender individuals who incurred out-of-pocket costs between September 10, 2020, and the date of final judgment because they were denied or deterred from seeking coverage for GAFR based on CPB 0615; and (2) an injunctive class of transgender individuals covered by a health plan subject to Aetna’s categorical exclusion of GAFR in CPB 0615 for whom GAFR was a medically necessary treatment.

The plaintiffs filed two amended complaints, adding two plaintiffs on December 3, 2024, and a further plaintiff on February 28, 2025. The additional plaintiffs are also transgender women who were denied coverage for medically necessary gender-affirming facial reconstruction procedures.

On March 3, 2025, two plaintiffs moved for a preliminary injunction to enjoin Aetna from enforcing the categorical exclusion for gender-affirming facial reconstruction. In a March 8, 2026 Ruling and Order, the court denied Aetna’s motion to dismiss and granted the preliminary injunction, finding that the plaintiffs were likely to succeed on the merits of their discrimination claim. The court ordered Aetna to make individualized coverage determinations as to the two plaintiffs on the basis of medical necessity, as opposed to categorically excluding their claims. 2026 WL 643134.

As of March 2026, this case remained in discovery.

Summary Authors

Cara Claflin (1/19/2025)

Hannah Grosserichter (3/20/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69147090/parties/gordon-v-aetna-life-insurance-company/


Judge(s)

Bolden, Victor Allen (Connecticut)

Attorney for Plaintiff

Arkles, Z Gabriel (Connecticut)

Cukor, Ezra Ungrich (Connecticut)

Attorney for Defendant

Austin, Earl B. (Connecticut)

Costain, Christopher Anthony (Connecticut)

Documents in the Clearinghouse

Documents in this case
1

3:24-cv-01447

Class Action Complaint

Sept. 10, 2024

Sept. 10, 2024

Complaint
46

3:24-cv-01447

Class Action Complaint

Dec. 3, 2024

Dec. 3, 2024

Complaint
60

3:24-cv-01447

Second Amended Class Action Complaint

Feb. 28, 2025

Feb. 28, 2025

Complaint
153

3:24-cv-01447

Ruling and Order on Pending Motions

March 8, 2026

March 8, 2026

Order/Opinion

2026 WL 643134

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69147090/gordon-v-aetna-life-insurance-company/

Last updated July 28, 2026, 7:10 p.m.

ECF Number Date Description Link
1 Sept. 10, 2024

COMPLAINT against Aetna Life Insurance Company ( Filing fee $405 receipt number ACTDC-7897169.), filed by Binah Gordon, S. N., Kay Mayers. (Attachments: # 1 Civil Cover Sheet)(Wardenski, Joseph) (Entered: 09/10/2024)

1 Civil Cover Sheet

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Clearinghouse
2 Sept. 10, 2024

MOTION for Attorney(s) Ezra Cukor to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7897457) by Binah Gordon, Kay Mayers, S. N.. (Attachments: # 1 Certificate of Good Standing)(Wardenski, Joseph) (Entered: 09/10/2024)

RECAP
3 Sept. 10, 2024

MOTION for Attorney(s) Z Gabriel Arkles to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7897565) by Binah Gordon, Kay Mayers, S. N.. (Attachments: # 1 Certificate of Good Standing)(Wardenski, Joseph) (Entered: 09/10/2024)

RECAP
4 Sept. 10, 2024

Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 9/10/2024.(Maturo, F.) (Entered: 09/10/2024)

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5 Sept. 10, 2024

MOTION for Attorney(s) Sydney Victoria Duncan to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7897955) by Binah Gordon, Kay Mayers, S. N.. (Attachments: # 1 Certificate of Good Standing)(Wardenski, Joseph) (Entered: 09/10/2024)

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6 Sept. 10, 2024

MOTION to Proceed in Fictitious Name by S. N.. (Attachments: # 1 Text of Proposed Order)(Wardenski, Joseph) (Entered: 09/10/2024)

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7 Sept. 10, 2024

Memorandum in Support re 6 MOTION to Proceed in Fictitious Name filed by S. N.. (Wardenski, Joseph) (Entered: 09/10/2024)

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8 Sept. 10, 2024

Order on Pretrial Deadlines: Amended Pleadings due by 11/9/2024 Discovery due by 3/12/2025 Dispositive Motions due by 4/16/2025 Signed by Clerk on 9/10/2024.(Freberg, B) (Entered: 09/11/2024)

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9 Sept. 10, 2024

ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 9/10/2024.(Freberg, B) (Entered: 09/11/2024)

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10 Sept. 10, 2024

Standing Protective Order Signed by Judge Victor A. Bolden on 9/10/2024.(Freberg, B) (Entered: 09/11/2024)

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11 Sept. 10, 2024

Notice of Option to Consent to Magistrate Judge Jurisdiction.(Freberg, B) (Entered: 09/11/2024)

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Sept. 10, 2024

Request to Issue Summons

Sept. 10, 2024

Notice re: Disclosure Statement

Sept. 10, 2024

Request for Clerk to issue summons as to Aetna Life Insurance Company. (Wardenski, Joseph)

Sept. 10, 2024

Add and Terminate Judges

Sept. 10, 2024

Judge Victor A. Bolden and Judge Maria E. Garcia added. (Oliver, T.)

12 Sept. 11, 2024

NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 5 MOTION for Attorney(s) Sydney Victoria Duncan to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7897955) filed by Binah Gordon, S. N., Kay Mayers, 7 Memorandum in Support of Motion filed by S. N., 2 MOTION for Attorney(s) Ezra Cukor to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7897457) filed by Binah Gordon, S. N., Kay Mayers, 8 Order on Pretrial Deadlines, 10 Standing Protective Order, 11 Notice of Option to Consent to Magistrate Judge Jurisdiction, 9 Electronic Filing Order, 6 MOTION to Proceed in Fictitious Name filed by S. N., 4 Notice re: Disclosure Statement, 3 MOTION for Attorney(s) Z Gabriel Arkles to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7897565) filed by Binah Gordon, S. N., Kay Mayers, 1 Complaint filed by Binah Gordon, S. N., Kay Mayers Signed by Clerk on 9/11/2024.(Freberg, B) (Entered: 09/11/2024)

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13 Sept. 11, 2024

ORDER granting 2 Motion to Appear Pro Hac Vice for Attorney Ezra Cukor. Signed by Clerk on 9/11/2024. (Freberg, B) (Entered: 09/11/2024)

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14 Sept. 11, 2024

ORDER granting 3 Motion to Appear Pro Hac Vice for Attorney Z Gabriel Arkles. Signed by Clerk on 9/11/2024. (Freberg, B) (Entered: 09/11/2024)

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15 Sept. 11, 2024

ORDER granting 5 Motion to Appear Pro Hac Vice for Attorney Sydney Victoria Duncan. Signed by Clerk on 9/11/2024. (Freberg, B) (Entered: 09/11/2024)

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16 Sept. 11, 2024

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Aetna Life Insurance Company* with answer to complaint due within *21* days. Attorney *Joseph Wardenski* *Wardenski P.C.* *134 West 29th Street, Suite 709* *New York, NY 10001*. (Freberg, B) (Entered: 09/11/2024)

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Sept. 11, 2024

Order on Motion for Admission Pro Hac Vice

17 Sept. 13, 2024

MOTION for Attorney(s) Christine E. Webber, Aniko R. Schwarcz, and Harini Srinivasan to be Admitted Pro Hac Vice (paid $600 PHV fee; receipt number ACTDC-7903425) by Binah Gordon, Kay Mayers, S. N.. (Attachments: # 1 Affidavit of Christine E. Webber, # 2 Affidavit of Aniko R. Schwarcz, # 3 Affidavit of Harini Srinivasan)(Wardenski, Joseph) (Entered: 09/13/2024)

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18 Sept. 17, 2024

ORDER granting 17 Motion to Appear Pro Hac Vice for Attorneys Christine E. Webber, Aniko R. Schwarcz, and Harini Srinivasan. Signed by Clerk on 9/17/2024. (Freberg, B) (Entered: 09/17/2024)

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Sept. 17, 2024

Order on Motion for Admission Pro Hac Vice

19 Sept. 19, 2024

NOTICE of Appearance by Theodore J. Tucci on behalf of Aetna Life Insurance Company (Tucci, Theodore) (Entered: 09/19/2024)

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20 Sept. 19, 2024

NOTICE of Appearance by Abby M. Warren on behalf of Aetna Life Insurance Company (Warren, Abby) (Entered: 09/19/2024)

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21 Sept. 19, 2024

NOTICE of Appearance by Christopher Anthony Costain on behalf of Aetna Life Insurance Company (Costain, Christopher) (Entered: 09/19/2024)

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22 Sept. 23, 2024

NOTICE of Appearance by Aniko Schwarcz on behalf of Binah Gordon, Kay Mayers, S. N. (Schwarcz, Aniko) (Entered: 09/23/2024)

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23 Sept. 23, 2024

NOTICE of Appearance by Christine E. Webber on behalf of Binah Gordon, Kay Mayers, S. N. (Webber, Christine) (Entered: 09/23/2024)

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24 Sept. 23, 2024

NOTICE of Appearance by Harini Srinivasan on behalf of Binah Gordon, Kay Mayers, S. N. (Srinivasan, Harini) (Entered: 09/23/2024)

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25 Sept. 23, 2024

NOTICE of Appearance by Sydney Duncan on behalf of Binah Gordon, Kay Mayers, S. N. (Duncan, Sydney) (Entered: 09/23/2024)

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26 Sept. 24, 2024

NOTICE of Appearance by Ezra Ungrich Cukor on behalf of Binah Gordon, Kay Mayers, S. N. (Cukor, Ezra) (Entered: 09/24/2024)

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27 Sept. 24, 2024

NOTICE of Appearance by Ezra Ungrich Cukor on behalf of Binah Gordon, Kay Mayers, S. N. (Cukor, Ezra) (Entered: 09/24/2024)

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28 Sept. 24, 2024

MOTION for Extension of Time until November 18, 2024 Respond to Complaint 1 Complaint by Aetna Life Insurance Company. (Tucci, Theodore) (Entered: 09/24/2024)

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29 Sept. 25, 2024

NOTICE of Appearance by Z Gabriel Arkles on behalf of Binah Gordon, Kay Mayers, S. N. (Arkles, Z Gabriel) (Entered: 09/25/2024)

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30 Sept. 25, 2024

ORDER granting 28 Motion for Extension of Time. The deadline for Defendant to file a responsive pleading to the Complaint is extended to November 18, 2024. Signed by Judge Victor A. Bolden on 9/25/24. (Nelson, J) (Entered: 09/25/2024)

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31 Sept. 25, 2024

RESPONSE re 7 Memorandum in Support of Motion, 6 MOTION to Proceed in Fictitious Name filed by Aetna Life Insurance Company. (Tucci, Theodore) (Entered: 09/25/2024)

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Sept. 25, 2024

Order on Motion for Extension of Time

Sept. 25, 2024

Answer deadline updated for Aetna Life Insurance Company to 11/18/2024. (Murphy, T)

32 Sept. 26, 2024

ORDER granting 6 Motion to Proceed in Fictitious Name. Signed by Judge Victor A. Bolden on 9/26/24. (Nelson, J) (Entered: 09/26/2024)

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33 Sept. 30, 2024

ENTERED IN ERROR: SUMMONS Returned Executed by Binah Gordon, S. N., Kay Mayers. Aetna Life Insurance Company served on 9/13/2024, answer due 10/4/2024. (Wardenski, Joseph) Modified on 10/7/2024 (Murphy, T). (Entered: 09/30/2024)

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34 Oct. 7, 2024

AFFIDAVIT of Service for Summons served on Aetna Life Insurance Company c/o CT Corporation System on 9/13/2024, filed by Binah Gordon, Kay Mayers, S. N.. (Murphy, T) (Entered: 10/07/2024)

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Oct. 7, 2024

Update Answer Deadline

35 Oct. 10, 2024

MOTION for Attorney(s) Sarah Reeves to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7932355) by Aetna Life Insurance Company. (Attachments: # 1 Exhibit Affidavit)(Tucci, Theodore) (Entered: 10/10/2024)

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36 Oct. 10, 2024

MOTION for Attorney(s) Earl B. Austin to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7932378) by Aetna Life Insurance Company. (Attachments: # 1 Exhibit Affidavit)(Tucci, Theodore) (Entered: 10/10/2024)

1 Exhibit Affidavit

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37 Oct. 11, 2024

ORDER granting 35 Motion to Appear Pro Hac Vice for Attorney Sarah Reeves. Certificate of Good Standing due by 12/10/2024. Signed by Clerk on 10/11/2024. (Freberg, B) (Entered: 10/11/2024)

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38 Oct. 11, 2024

ORDER denying 36 Motion to Appear Pro Hac Vice for Attorney Earl B. Austin for failure to comply with Local Rule 83.1. Signed by Clerk on 10/11/2024.(Freberg, B) (Entered: 10/11/2024)

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Oct. 11, 2024

Order on Motion for Admission Pro Hac Vice

39 Oct. 18, 2024

NOTICE of Appearance by Sarah Reeves on behalf of Aetna Life Insurance Company (Attachments: # 1 Certificate of Good Standing)(Reeves, Sarah) (Entered: 10/18/2024)

1 Certificate of Good Standing

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40 Oct. 22, 2024

NOTICE by Binah Gordon, Kay Mayers, S. N. of firm name change (Arkles, Z Gabriel) (Entered: 10/22/2024)

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41 Oct. 28, 2024

Joint MOTION for Extension of Time to Extend Pretrial deadlines 8 Order on Pretrial Deadlines by Binah Gordon, Kay Mayers, S. N.. (Webber, Christine) (Entered: 10/28/2024)

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42 Oct. 29, 2024

ORDER granting 41 Motion for Extension of Time. The following deadlines are adopted:- Plaintiffs' First Amended Complaint is due December 3, 2024.- Parties' Rule 26(f) Joint Report is due December 23, 2024.- Parties' Stipulated Proposed Protective Order is due December 23, 2024.- Defendant's answer or other response to the First Amended Complaint is due January 10, 2025.- Plaintiffs' opposition to any motion to dismiss is due February 21, 2025.- Defendant's reply to any opposition is due March 14, 2025. Signed by Judge Victor A. Bolden on 10/29/24. (Nelson, J) (Entered: 10/29/2024)

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Oct. 29, 2024

Order on Motion for Extension of Time

43 Oct. 31, 2024

MOTION for Attorney(s) Earl B. Austin to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7953856) by Aetna Life Insurance Company. (Attachments: # 1 Exhibit Affidavit)(Tucci, Theodore) (Entered: 10/31/2024)

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44 Nov. 1, 2024

ORDER granting 43 Motion to Appear Pro Hac Vice for Attorney Earl B. Austin. Certificate of Good Standing due by 1/1/2025. Signed by Clerk on 11/1/2024. (Freberg, B) (Entered: 11/01/2024)

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Nov. 1, 2024

Order on Motion for Admission Pro Hac Vice

45 Nov. 4, 2024

NOTICE of Appearance by Earl B. Austin, III on behalf of Aetna Life Insurance Company (Attachments: # 1 TX Certificate of Good Standing, # 2 NY Certificate of Good Standing)(Austin, Earl) (Entered: 11/04/2024)

1 TX Certificate of Good Standing

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2 NY Certificate of Good Standing

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46 Dec. 3, 2024

AMENDED COMPLAINT against All Defendants, filed by Binah Gordon, S. N., Kay Mayers, Jamie Homnick, Alma Avalle.(Webber, Christine) (Entered: 12/03/2024)

Clearinghouse
47 Dec. 20, 2024

Consent MOTION for Extension of Time to extend pretrial deadlines by Aetna Life Insurance Company. (Tucci, Theodore) (Entered: 12/20/2024)

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48 Dec. 23, 2024

ORDER GRANTING 47 Motion for Extension of Time. The Court adopts the following deadlines:- Parties' Rule 26(f) report due January 17, 2025.- Parties' stipulated proposed protective order due January 17, 2025.- Response to the amended complaint due January 31, 2025.- Plaintiff's opposition to any motion to dismiss due March 14, 2025.- Reply to any response to the motion to dismiss due April 4, 2025. Signed by Judge Victor A. Bolden on 12/23/24. (Nelson, J) (Entered: 12/23/2024)

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Dec. 23, 2024

Order on Motion for Extension of Time

49 Jan. 17, 2025

Joint REPORT of Rule 26(f) Planning Meeting. (Webber, Christine) (Entered: 01/17/2025)

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50 Jan. 17, 2025

PROPOSED ORDER (JOINT) [PROPOSED] AMENDED STIPULATED PROTECTIVE ORDER AND FED. R. EVID.502(d) AND (e) CLAWBACK AGREEMENT ORDER by Jamie Homnick, Alma Avalle, Binah Gordon, Kay Mayers, S. N.. (Webber, Christine) (Entered: 01/17/2025)

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51 Jan. 31, 2025

Joint MOTION for Extension of Time until February 7, 2025 to file the Parties' ESI Protocol 49 Report of Rule 26(f) Planning Meeting by Aetna Life Insurance Company. (Tucci, Theodore) (Entered: 01/31/2025)

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52 Jan. 31, 2025

MOTION to Dismiss Plaintiff's Amended Complaint - REDACTED by Aetna Life Insurance Company.Responses due by 2/21/2025 (Attachments: # 1 Memorandum in Support of Motion to Dismiss, # 2 Declaration of Chris Libretti-Schon, # 3 Exhibit A - Conde Nast Plan Excerpts, # 4 Exhibit B - Conde Nast MSA, # 5 Declaration of Cheryl Sheehy, # 6 Exhibit A - FEHB Plan Excerpts 2022, # 7 Exhibit B FEHB Plan Excerpts 2023, # 8 Exhibit C FEHB Contract, # 9 Exhibit D - Mayers Overturn Letter REDACTED, # 10 Declaration of Hannah Goellner, # 11 Exhibit A B&L Plan Excerpts, # 12 Exhibit B B&L MSA, # 13 Declaration of Daniel Strickland, # 14 Exhibit A ASD Plan Excerpts, # 15 Exhibit B ASD MSA, # 16 Declaration of Brian Hodge - REDACTED, # 17 Exhibit A Plan Excerpts REDACTED, # 18 Exhibit B - MSA REDACTED, # 19 Declaration of Susan Powell - REDACTED, # 20 Exhibit A Avalle Letter REDACTED, # 21 Exhibit B Mayers Letter REDACTED, # 22 Exhibit C SN Letter REDACTED)(Tucci, Theodore) Modified to remove name from redacted exhibits on 2/3/2025 (Murphy, T). (Entered: 01/31/2025)

1 Memorandum in Support of Motion to Dismiss

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2 Declaration of Chris Libretti-Schon

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3 Exhibit A - Conde Nast Plan Excerpts

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4 Exhibit B - Conde Nast MSA

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5 Declaration of Cheryl Sheehy

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6 Exhibit A - FEHB Plan Excerpts 2022

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7 Exhibit B FEHB Plan Excerpts 2023

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8 Exhibit C FEHB Contract

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9 Exhibit D - Mayers Overturn Letter REDACTED

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10 Declaration of Hannah Goellner

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11 Exhibit A B&L Plan Excerpts

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12 Exhibit B B&L MSA

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13 Declaration of Daniel Strickland

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14 Exhibit A ASD Plan Excerpts

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15 Exhibit B ASD MSA

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16 Declaration of Brian Hodge - REDACTED

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17 Exhibit A Bayada Plan Excerpts REDACTED

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18 Exhibit B - Bayada MSA REDACTED

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19 Declaration of Susan Powell - REDACTED

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20 Exhibit A Avalle Letter REDACTED

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21 Exhibit B Mayers Letter REDACTED

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22 Exhibit C SN Letter REDACTED

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53 Jan. 31, 2025

MOTION to Seal Portions of Defendant's Motion to Dismiss Plaintiff's Amended Complaint with Supporting Declarations and Exhibits by Aetna Life Insurance Company. (Tucci, Theodore) (Entered: 01/31/2025)

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54 Jan. 31, 2025

Sealed Document: Motion to Dismiss Plaintiff's Amended Complaint by Aetna Life Insurance Company re 53 MOTION to Seal Portions of Defendant's Motion to Dismiss Plaintiff's Amended Complaint with Supporting Declarations and Exhibits, 52 MOTION to Dismiss Plaintiff's Amended Complaint - REDACTED . (Attachments: # 1 Memorandum in Support of Defendant's Motion to Dismiss, # 2 Exhibit D to Declaration of Cheryl Sheehy - Mayers Overturn Letter, # 3 Declaration of Brian Hodge, # 4 Exhibit A to the Declaration of Brian Hudge - Plan Excerpts, # 5 Exhibit B to the Declaration of Brian Hodge - MSA, # 6 Declaration of Susan Powell, # 7 Exhibit A to the Declaration of Susan Powell - Avalle Letter, # 8 Exhibit B to the Declaration of Susan Powell - Mayers Letter, # 9 Exhibit C to the Declaration of Susan Powell - SN Letter)(Tucci, Theodore) Modified to remove name from intended redacted exhibit names on 2/3/2025 (Murphy, T). (Entered: 01/31/2025)

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55 Feb. 3, 2025

ORDER GRANTING 51 Motion for Extension of Time until February 7, 2025 for the Parties' ESI Protocol. Signed by Judge Victor A. Bolden on 2/3/25. (Nelson, J) (Entered: 02/03/2025)

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56 Feb. 3, 2025

ORDER GRANTING 53 Motion to Seal. The Court finds that good cause exists to seal these documents and that sealing is supported by clear and compelling reasons and is narrowly tailored to serve those reasons. See D. Conn. L. Civ. R. 5(e); see also Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006) ("[T]he presumption of access" to judicial documents may be overcome by "countervailing factors includ[ing] the privacy interest" of the parties. (citing United States v. Amodeo, 71 F.3d 1044, 1048 (2d Cir.1995))). Signed by Judge Victor A. Bolden on 2/3/25. (Nelson, J) (Entered: 02/03/2025)

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Feb. 3, 2025

Order on Motion to Seal

Feb. 3, 2025

Order on Motion for Extension of Time

57 Feb. 7, 2025

Joint STIPULATION (ESI) by Jamie Homnick, Alma Avalle, Binah Gordon, Kay Mayers, S. N.. (Srinivasan, Harini) (Entered: 02/07/2025)

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58 Feb. 14, 2025

Joint MOTION to Set Schedule and Expand Page Limit by Alma Avalle, Binah Gordon, Jamie Homnick, Kay Mayers, S. N..Responses due by 3/7/2025 (Wardenski, Joseph) (Entered: 02/14/2025)

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59 Feb. 18, 2025

ORDER GRANTING 58 Motion to continue case schedule and extend page limit. The following deadlines are adopted:Plaintiffs' Second Amended Complaint due February 28, 2025.Defendant's motion to dismiss Second Amended Complaint due March 28, 2025.Plaintiffs' opposition to motion to dismiss due April 18, 2025.Defendant's reply to motion to dismiss due May 9, 2025.The page limit for the renewed motion to dismiss is extended to 45 pages. Signed by Judge Victor A. Bolden on 2/18/25. (Nelson, J) (Entered: 02/18/2025)

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Feb. 18, 2025

Order on Motion for Miscellaneous Relief

60 Feb. 28, 2025

AMENDED COMPLAINT (Second Amended) against Aetna Life Insurance Company, filed by Binah Gordon, S. N., Jamie Homnick, Kay Mayers, Alma Avalle, Gennifer Herley.(Webber, Christine) (Entered: 02/28/2025)

Clearinghouse
61 March 3, 2025

MOTION for Preliminary Injunction by Gennifer Herley, Jamie Homnick.Responses due by 3/24/2025 (Srinivasan, Harini) (Entered: 03/03/2025)

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62 March 3, 2025

Memorandum in Support re 61 MOTION for Preliminary Injunction filed by Gennifer Herley, Jamie Homnick. (Attachments: # 1 Exhibit Berli, # 2 Exhibit Gorton, # 3 Exhibit Homnick, # 4 Exhibit Shaw, # 5 Exhibit Herley, # 6 Exhibit Seward, # 7 Exhibit CPB, # 8 Exhibit State Amendments to CPB)(Srinivasan, Harini) (Entered: 03/03/2025)

1 Exhibit Berli

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2 Exhibit Gorton

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3 Exhibit Homnick

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4 Exhibit Shaw

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5 Exhibit Herley

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6 Exhibit Seward

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7 Exhibit CPB

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8 Exhibit State Amendments to CPB

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63 March 3, 2025

Seal

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64 March 4, 2025

ORDER GRANTING 63 Motion to Seal Memorandum in Support of Preliminary Injunction and Exhibits 2, 3, 4, and 5. The Court finds that good cause exists to seal these documents and that sealing is supported by clear and compelling reasons and is narrowly tailored to serve those reasons. See D. Conn. L. Civ. R. 5(e); see also Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006) ("[T]he presumption of access" to judicial documents may be overcome by "countervailing factors includ[ing] the privacy interest" of the parties. (citing United States v. Amodeo, 71 F.3d 1044, 1048 (2d Cir.1995))). Signed by Judge Victor A. Bolden on 3/4/25. (Nelson, J) (Entered: 03/04/2025)

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65 March 4, 2025

Amended EXHIBIT 3 (Redacted) by Gennifer Herley, Jamie Homnick re 62 Memorandum in Support of Motion,. (Srinivasan, Harini) (Entered: 03/04/2025)

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March 4, 2025

Order on Motion to Seal

66 March 10, 2025

MOTION for Attorney(s) Kelly Parry-Johnson to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-8092300) by Alma Avalle, Binah Gordon, Gennifer Herley, Jamie Homnick, Kay Mayers, S. N.. (Attachments: # 1 Certificate of Good Standing)(Wardenski, Joseph) (Entered: 03/10/2025)

1 Certificate of Good Standing

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67 March 10, 2025

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 3/12/2025 at 12:00 PM before Judge Victor A. Bolden. Dial in by phone:+1 203-684-6202,,708406856# Phone conference ID: 708 406 856#(Nelson, J) (Entered: 03/10/2025)

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March 10, 2025

Calendar Entry

68 March 12, 2025

Minute Entry for proceedings held before Judge Victor A. Bolden: Status Conference held on 3/12/2025. 15 minutes. (Court Reporter Heather Ireland) (Nelson, J) (Entered: 03/12/2025)

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69 March 12, 2025

ORDER. Based on the status conference, the parties are directed to confer and file a joint report by March 14, 2025, proposing a briefing schedule for the motion for preliminary injunction, ECF No. 61, and describing any remaining discovery disputes related to the briefing of that motion. Signed by Judge Victor A. Bolden on 3/12/25. (Nelson, J) (Entered: 03/12/2025)

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March 12, 2025

Order

March 12, 2025

Status Conference

70 March 13, 2025

ORDER granting 66 Motion to Appear Pro Hac Vice for Attorney Kelly Parry-Johnson. Signed by Clerk on 3/13/2025. (Freberg, B) (Entered: 03/13/2025)

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71 March 13, 2025

NOTICE of Appearance by Kelly Parry-Johnson on behalf of Alma Avalle, Binah Gordon, Gennifer Herley, Jamie Homnick, Kay Mayers, S. N. (Parry-Johnson, Kelly) (Entered: 03/13/2025)

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March 13, 2025

Order on Motion for Admission Pro Hac Vice

72 March 14, 2025

Joint STATUS REPORT by Alma Avalle, Binah Gordon, Gennifer Herley, Jamie Homnick, Kay Mayers, S. N.. (Srinivasan, Harini) (Entered: 03/14/2025)

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73 March 17, 2025

ORDER. Consistent with the Court's "inherent authority to manage [its] dockets and courtrooms with a view toward the efficient and expedient resolution of cases," Dietz v. Bouldin, 579 U.S. 40, 47 (2016), as well as having reviewed the parties' status report, ECF No. 72, and considered their respective positions, the deadline for the filing of a response to the pending motion for preliminary injunction, ECF No. 61, shall be extended to April 11, 2024, and any reply to that response to April 25, 2025. To the extent that Plaintiffs need additional time to file a reply, the Court will grant leave to seek such time. At this time, the Court sees no need to issue any orders regarding expedited discovery. But the parties are free to seek the Courts guidance through the filing of a joint motion for a discovery conference, consistent with the Court's Chambers Practices, available at https://www.ctd.uscourts.gov/content/victor-bolden, to the extent necessary. Finally, to the extent necessary, the time for filing Defendant's motion to dismiss Plaintiffs' Second Amended Complaint is extended to April 4, 2025, although if Defendant needed additional time, the Court will grant leave to seek such time. Signed by Judge Victor A. Bolden on 3/17/25.(Nelson, J) (Entered: 03/17/2025)

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March 17, 2025

Order

74 March 18, 2025

Set/Reset Deadlines as to 61 MOTION for Preliminary Injunction . Responses due by 4/11/2025 (Lewis, D) (Entered: 03/18/2025)

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March 18, 2025

Set Motion and Rcmd Ruling Deadlines/Hearings

75 March 19, 2025

Joint MOTION for Extension of Time until 4/11/2025 Defendant's Motion to Dismiss by Alma Avalle, Binah Gordon, Gennifer Herley, Jamie Homnick, Kay Mayers, S. N.. (Srinivasan, Harini) (Entered: 03/19/2025)

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76 March 20, 2025

ORDER GRANTING 75 Motion for Extension of Time. Defendant's Motion to Dismiss is due 4/11/2025; Plaintiffs' Opposition is due 5/16/2025; and Defendant's Reply is due 6/6/2025. Signed by Judge Victor A. Bolden on 3/20/2025. (Lewis, D) (Entered: 03/20/2025)

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Case Details

State / Territory:

Connecticut

Case Type(s):

Healthcare Access and Reproductive Issues

Special Collection(s):

Transgender Healthcare Access Cases

Key Dates

Filing Date: Sept. 10, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Six transgender women who were denied coverage for medically necessary gender-affirming facial reconstruction procedures.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Private Entity/Person

Aetna Life Insurance Company

Defendant Type(s):

Insurer

Case Details

Causes of Action:

Affordable Care Act Section 1557, 42 U.S.C. § 18116

Other Dockets:

District of Connecticut 3:24-cv-01447

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Damages

Declaratory judgment

Injunction

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

LGBTQ+:

LGBTQ+

Medical/Mental Health Care:

Medical care, general

Recommended Citation