Case: Misanin v. Wilson

2:24-cv-04734 | U.S. District Court for the District of South Carolina

Filed Date: Aug. 29, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

Plaintiffs in this case challenge South Carolina's ban on gender-affirming care for minors as well as the ban on Medicaid coverage of gender-affirming care for transgender individuals regardless of age. On August 29, 2024, several plaintiffs brought this putative class action suit in the United States District Court for the District of South Carolina, alleging that South Carolina House Bill 4624, restricting access to “gender transition procedures,” violated the Fourteenth Amendment's Equal Pro…

Plaintiffs in this case challenge South Carolina's ban on gender-affirming care for minors as well as the ban on Medicaid coverage of gender-affirming care for transgender individuals regardless of age. On August 29, 2024, several plaintiffs brought this putative class action suit in the United States District Court for the District of South Carolina, alleging that South Carolina House Bill 4624, restricting access to “gender transition procedures,” violated the Fourteenth Amendment's Equal Protection Clause and Due Process Clause, Section 1557 of the Affordable Care Act, the Medicaid Act's Comparability and Availability requirements, the ADA, and the Rehabilitation Act. They sought preliminary and permanent injunctions against H 4624. The case was assigned to Judge Bruce Howe Hendricks. 

Plaintiffs sought class certification with four classes --

  1. Minor class: All minors in South Carolina diagnosed with gender dysphoria and whose medically indicated treatment, as judged by their licensed medical professional, includes or will include the provision of “gender transition procedures,” as defined by H 4624.
  2. Parent class: All parents and legal guardians of minors diagnosed with gender dysphoria and whose medically indicated care, as judged by their licensed medical professional, includes or will include the provision of “gender transition procedures,” as defined by H 4624. 
  3. Insurance class: All individuals with gender dysphoria who receive health insurance through a state-funded health insurance plan, such as South Carolina Medicaid or South Carolina’s PEBA, and who, because of S.C. Code Ann. § 44-42-340, are or will be denied coverage for medically indicated “gender transition procedures,” as defined by H 4624. 
  4. MUSC (Medical University of South Carolina) class: All individuals with gender dysphoria who receive medical care through MUSC but who, because of S.C. Code Ann. § 44-42-340, are or will be denied medically indicated “gender transition procedures,” as defined by H 4624. 

On August 30, 2024, plaintiffs filed a motion for preliminary injunction. Prior to entry of a scheduling order on this motion, the case was reassigned to Judge Richard M. Gergel on October 2; briefing proceeded on an agreed-upon schedule. On November 12, both parties submitted a joint motion agreeing to delay litigation of a motion to dismiss until the court had ruled on the class certification and preliminary injunction. The court granted this in part, staying the motion-to-dismiss date until further action of the court and soliciting feedback from both parties regarding the possibility of an administrative stay while several appellate courts tackle highly relevant issues. On December 19, 2024, the court stayed all proceedings in this case "until the Supreme Court enters an order on the merits in [United States v.] Skrmetti or the Supreme Court’s October 2024-June 2025 term ends, whichever is sooner."  Click here for more information on Skrmetti, in which the Supreme Court is addressing whether a ban on gender affirming care for minors in Tennessee violates the Equal Protection Clause. 

This case is stayed but ongoing.

Summary Authors

Kyle O'Hara (2/21/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69116987/parties/misanin-v-wilson/


Judge(s)

Hendricks, Bruce Howe (South Carolina)

Attorney for Plaintiff

Carolan, Aine Constance (South Carolina)

Flugman, David Scott (South Carolina)

Attorney for Defendant

Barnes, Brian W (South Carolina)

Hildabrand, Clark L (South Carolina)

show all people

Documents in the Clearinghouse

Document
1

2:24-cv-04734

Class Action Complaint for Declaratory and Injunctive Relief

Aug. 29, 2024

Aug. 29, 2024

Complaint
7

2:24-cv-04734

Plaintiffs' Motion for a Preliminary Injunction

Aug. 30, 2024

Aug. 30, 2024

Pleading / Motion / Brief
38

2:24-cv-04734

Scheduling Order to Resolve Plaintiffs' Motions for a Preliminary Injunction and Class Certifications

Oct. 3, 2024

Oct. 3, 2024

Order/Opinion
43

2:24-cv-04734

Order Regarding Discovery Related to Plaintiffs' Motion for a Preliminary Injunction and Class Certification

Oct. 7, 2024

Oct. 7, 2024

Order/Opinion
44

2:24-cv-04734

Consent Motion for Entry of Confidentiality Order

Oct. 11, 2024

Oct. 11, 2024

Pleading / Motion / Brief
45

2:24-cv-04734

Stipulated Confidentiality Agreement and Protective Order

Oct. 15, 2024

Oct. 15, 2024

Order/Opinion
49

2:24-cv-04734

Order

Nov. 14, 2024

Nov. 14, 2024

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69116987/misanin-v-wilson/

Last updated April 11, 2025, 12:02 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr ( Filing fee $ 405 receipt number ASCDC-11963867.), filed by Jill Ray, Sterling Misanin, Grant Goe, Nancy Noe, Jane Doe, Nina Noe, Gary Goe. Service due by 11/27/2024(rhei, ) (Entered: 08/30/2024)

Aug. 29, 2024

Aug. 29, 2024

Clearinghouse
3

Local Rule 26.01 Answers to Interrogatories by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray.(rhei, ) (Entered: 08/30/2024)

Aug. 29, 2024

Aug. 29, 2024

PACER
4

Summons Issued as to Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr. (rhei, ) (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

PACER
5

MOTION To Proceed Under Pseudonyms by Jane Doe, Gary Goe, Grant Goe, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 9/13/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(McPhail, Meredith) (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

PACER
6

MOTION to Certify Class by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 9/13/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(McPhail, Meredith) (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

PACER
7

MOTION for Preliminary Injunction by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 9/13/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Expert Declaration of Dan Karasic, # 2 Exhibit Expert Declaration of Johanna Olson-Kennedy, # 3 Exhibit Expert Declaration of Armand Antommaria, # 4 Exhibit Expert Declaration of Daniel Shumer, # 5 Exhibit Declaration of Nancy Noe, # 6 Exhibit Declaration of Nina Noe, # 7 Exhibit Declaration of Gary Goe, # 8 Exhibit Declaration of Grant Goe, # 9 Exhibit Declaration of Jane Doe, # 10 Exhibit Declaration of Jill Ray, # 11 Exhibit Declaration of Sterling Misanin)No proposed order.(McPhail, Meredith) (Entered: 08/30/2024)

1 Exhibit Expert Declaration of Dan Karasic

View on RECAP

2 Exhibit Expert Declaration of Johanna Olson-Kennedy

View on RECAP

3 Exhibit Expert Declaration of Armand Antommaria

View on RECAP

4 Exhibit Expert Declaration of Daniel Shumer

View on RECAP

5 Exhibit Declaration of Nancy Noe

View on RECAP

6 Exhibit Declaration of Nina Noe

View on RECAP

7 Exhibit Declaration of Gary Goe

View on RECAP

8 Exhibit Declaration of Grant Goe

View on RECAP

9 Exhibit Declaration of Jane Doe

View on RECAP

10 Exhibit Declaration of Jill Ray

View on RECAP

11 Exhibit Declaration of Sterling Misanin

View on RECAP

Aug. 30, 2024

Aug. 30, 2024

Clearinghouse
8

MOTION to Appear Pro Hac Vice by Aine Constance Carolan ( Filing fee $ 350 receipt number ASCDC-11997440) by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 10/1/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(McPhail, Meredith) (Entered: 09/17/2024)

Sept. 17, 2024

Sept. 17, 2024

PACER
9

MOTION to Appear Pro Hac Vice by Christopher Ian Taylor ( Filing fee $ 350 receipt number ASCDC-11997488) by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 10/1/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(McPhail, Meredith) (Entered: 09/17/2024)

Sept. 17, 2024

Sept. 17, 2024

PACER
10

MOTION to Appear Pro Hac Vice by David Scott Flugman ( Filing fee $ 350 receipt number ASCDC-11997508) by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 10/1/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(McPhail, Meredith) (Entered: 09/17/2024)

Sept. 17, 2024

Sept. 17, 2024

PACER
11

MOTION to Appear Pro Hac Vice by Julie Rose Singer ( Filing fee $ 350 receipt number ASCDC-11997518) by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 10/1/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(McPhail, Meredith) (Entered: 09/17/2024)

Sept. 17, 2024

Sept. 17, 2024

PACER
12

MOTION to Appear Pro Hac Vice by Zachary Giles MacDonald Smith ( Filing fee $ 350 receipt number ASCDC-11997535) by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 10/1/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(McPhail, Meredith) (Entered: 09/17/2024)

Sept. 17, 2024

Sept. 17, 2024

PACER
13

TEXT ORDER granting 8 Motion to Appear Pro Hac Vice re Aine C. Carolan for the Plaintiffs. Signed by Honorable Bruce Howe Hendricks on 09/18/2024.(rhei, ) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER

Order on Motion to Appear Pro Hac Vice

Sept. 18, 2024

Sept. 18, 2024

PACER
14

TEXT ORDER granting 9 Motion to Appear Pro Hac Vice re Christopher I. Taylor for the Plaintiffs. Signed by Honorable Bruce Howe Hendricks on 09/18/2024.(rhei, ) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER
15

TEXT ORDER granting 10 Motion to Appear Pro Hac Vice re David S. Flugman for the Plaintiffs. Signed by Honorable Bruce Howe Hendricks on 09/18/2024.(rhei, ) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER
16

TEXT ORDER granting 11 Motion to Appear Pro Hac Vice re Julie R. Singer for the Plaintiffs. Signed by Honorable Bruce Howe Hendricks on 09/18/2024.(rhei, ) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER
17

TEXT ORDER granting 12 Motion to Appear Pro Hac Vice re Zachary Giles MacDonald Smith for the Plaintiffs. Signed by Honorable Bruce Howe Hendricks on 09/18/2024.(rhei, ) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER
18

MOTION to Appear Pro Hac Vice by Sruti J. Swaminathan ( Filing fee $ 350 receipt number ASCDC-12000590) by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 10/3/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(McPhail, Meredith) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

PACER

Order on Motion to Appear Pro Hac Vice

Sept. 19, 2024

Sept. 19, 2024

PACER
19

TEXT ORDER granting 18 Motion to Appear Pro Hac Vice re Sruti Janaki Swaminathan for the Plaintiffs. Signed by Honorable Bruce Howe Hendricks on 09/19/2024.(rhei, ) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

PACER
20

NOTICE of Appearance by Thomas Tyler Hydrick on behalf of Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr (Hydrick, Thomas) (Entered: 09/23/2024)

Sept. 23, 2024

Sept. 23, 2024

PACER
21

MOTION to Appear Pro Hac Vice by David H. Thompson ( Filing fee $ 350 receipt number ASCDC-12006995) by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr. Response to Motion due by 10/7/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents, # 2 Supporting Documents, # 3 Supporting Documents)Proposed order is being emailed to chambers with copy to opposing counsel.(Hydrick, Thomas) (Entered: 09/23/2024)

Sept. 23, 2024

Sept. 23, 2024

PACER
22

MOTION to Appear Pro Hac Vice by John D. Ramer ( Filing fee $ 350 receipt number ASCDC-12007072) by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr. Response to Motion due by 10/7/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Application Addendum, # 3 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Hydrick, Thomas) (Entered: 09/23/2024)

Sept. 23, 2024

Sept. 23, 2024

PACER
23

MOTION to Appear Pro Hac Vice by Brian W. Barnes ( Filing fee $ 350 receipt number ASCDC-12007096) by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr. Response to Motion due by 10/7/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Application Addendum, # 3 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Hydrick, Thomas) (Entered: 09/23/2024)

Sept. 23, 2024

Sept. 23, 2024

PACER
24

MOTION to Appear Pro Hac Vice by Clark L. Hildabrand ( Filing fee $ 350 receipt number ASCDC-12007125) by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr. Response to Motion due by 10/7/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Application Addendum, # 3 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Hydrick, Thomas) (Entered: 09/23/2024)

Sept. 23, 2024

Sept. 23, 2024

PACER
25

MOTION to Appear Pro Hac Vice by Nicole J. Moss ( Filing fee $ 350 receipt number ASCDC-12007140) by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr. Response to Motion due by 10/7/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Application Addendum, # 3 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Hydrick, Thomas) (Entered: 09/23/2024)

Sept. 23, 2024

Sept. 23, 2024

PACER
26

Local Rule 26.01 Answers to Interrogatories by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr.(Hydrick, Thomas) (Entered: 09/23/2024)

Sept. 23, 2024

Sept. 23, 2024

PACER
27

TEXT ORDER granting 21 Motion to Appear Pro Hac Vice re David H. Thompson for the Defendants. Signed by Honorable Bruce Howe Hendricks on 09/24/2024.(rhei, ) (Entered: 09/24/2024)

Sept. 24, 2024

Sept. 24, 2024

PACER

Order on Motion to Appear Pro Hac Vice

Sept. 24, 2024

Sept. 24, 2024

PACER
28

TEXT ORDER granting 22 Motion to Appear Pro Hac Vice re John D. Ramer for the Defendants. Signed by Honorable Bruce Howe Hendricks on 09/24/2024.(rhei, ) (Entered: 09/24/2024)

Sept. 24, 2024

Sept. 24, 2024

PACER
29

TEXT ORDER granting 23 Motion to Appear Pro Hac Vice re Brian W. Barnes for the Defendants. Signed by Honorable Bruce Howe Hendricks on 09/24/2024.(rhei, ) (Entered: 09/24/2024)

Sept. 24, 2024

Sept. 24, 2024

PACER
30

TEXT ORDER granting 24 Motion to Appear Pro Hac Vice re Clark L. Hildabrand for the Defendants. Signed by Honorable Bruce Howe Hendricks on 09/24/2024.(rhei, ) (Entered: 09/24/2024)

Sept. 24, 2024

Sept. 24, 2024

PACER
31

TEXT ORDER granting 25 Motion to Appear Pro Hac Vice re Nicole J. Moss for the Defendants. Signed by Honorable Bruce Howe Hendricks on 09/24/2024.(rhei, ) (Entered: 09/24/2024)

Sept. 24, 2024

Sept. 24, 2024

PACER
33

MOTION to Appear Pro Hac Vice by Harper Seldin ( Filing fee $ 350 receipt number ASCDC-12015543) by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 10/10/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(McPhail, Meredith) (Entered: 09/26/2024)

Sept. 26, 2024

Sept. 26, 2024

PACER

Order on Motion to Appear Pro Hac Vice

Sept. 26, 2024

Sept. 26, 2024

PACER
34

TEXT ORDER granting 33 Motion to Appear Pro Hac Vice re Harper S. Seldin for the Plaintiffs. Signed by Honorable Bruce Howe Hendricks on 09/26/2024.(rhei, ) (Entered: 09/26/2024)

Sept. 26, 2024

Sept. 26, 2024

PACER
35

Joint MOTION Joint Motion for Scheduling Order by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr. Response to Motion due by 10/15/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order Joint Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Hydrick, Thomas) (Entered: 09/30/2024)

Sept. 30, 2024

Sept. 30, 2024

PACER
36

NOTICE of Appearance by Joseph David Spate on behalf of Alan Wilson (Spate, Joseph) (Entered: 09/30/2024)

Sept. 30, 2024

Sept. 30, 2024

PACER
37

Case Reassigned to Honorable Richard M Gergel. Honorable Bruce Howe Hendricks no longer assigned to the case. (bshr, ) (Entered: 10/02/2024)

Oct. 2, 2024

Oct. 2, 2024

PACER

Case Reassigned CV

Oct. 2, 2024

Oct. 2, 2024

PACER
38

SCHEDULING ORDER TO RESOLVE PLAINTIFFS' MOTIONS FOR A PRELIMINARY INJUNCTION AND CLASS CERTIFICATION. IT IS THEREFORE ORDERED that the parties' Joint Motion For a Scheduling Order To Resolve Plaintiffs' Motions For A Preliminary Injunction And Class Certification is GRANTED, and the parties' proposed schedule is APPROVED. IT IS FURTHER ORDERED that Plaintiffs' motion to proceed pseudonymously, Doc. 5, is GRANTED. Deadline details set forth in order. Signed by Honorable Richard M Gergel on 10/3/24.(cper, ) (Entered: 10/03/2024)

Oct. 3, 2024

Oct. 3, 2024

Clearinghouse
39

MOTION to Appear Pro Hac Vice by Corey Lynn Stoughton ( Filing fee $ 350 receipt number ASCDC-12029807) by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 10/18/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(McPhail, Meredith) (Entered: 10/04/2024)

Oct. 4, 2024

Oct. 4, 2024

PACER

Order on Motion to Appear Pro Hac Vice

Oct. 4, 2024

Oct. 4, 2024

PACER
40

Joint MOTION for Discovery by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr. Response to Motion due by 10/18/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Hydrick, Thomas) (Entered: 10/04/2024)

Oct. 4, 2024

Oct. 4, 2024

PACER
41

TEXT ORDER granting 39 Motion of Corey Lynn Stoughton to Appear Pro Hac Vice for Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 10/4/2024.(sshe, ) (Entered: 10/04/2024)

Oct. 4, 2024

Oct. 4, 2024

PACER
43

ORDER granting 40 Motion for Discovery RELATED TO PLAINTIFFS' MOTIONS FOR A PRELIMINARY INJUNCTION AND CLASS CERTIFICATION. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 10/7/2024.(ltap, ) (Entered: 10/07/2024)

Oct. 7, 2024

Oct. 7, 2024

Clearinghouse
44

Consent MOTION for Confidentiality Order by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 10/25/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order Proposed Order, # 2 Supporting Documents Proposed Order Redline)Proposed order is being emailed to chambers with copy to opposing counsel.(McPhail, Meredith) (Entered: 10/11/2024)

1 Proposed Order Proposed Order

View on PACER

2 Supporting Documents Proposed Order Redline

View on PACER

Oct. 11, 2024

Oct. 11, 2024

Clearinghouse
45

STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER granting 44 Motion for Confidentiality Order. IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 10/15/2024.(sshe, ) (Entered: 10/15/2024)

Oct. 15, 2024

Oct. 15, 2024

Clearinghouse
46

RESPONSE in Opposition re 7 MOTION for Preliminary Injunction Response filed by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr.Reply to Response to Motion due by 11/7/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit 1 Expert Decl. of James Cantor, # 2 Exhibit 2 Dep. of Johanna Olson-Kennedy, # 3 Exhibit 3 Dep. of Daniel Shumer, # 4 Exhibit 4 Dep. of Armand Antommaria, # 5 Exhibit 5 Dep. of Dan Karasic (redacted), # 6 Exhibit 6 Dep. Excerpts of Nancy Noe (redacted), # 7 Exhibit 7 Dep. Excerpts of Sterling Misanin)(Hydrick, Thomas) (Entered: 10/31/2024)

1 Exhibit 1 Expert Decl. of James Cantor

View on PACER

2 Exhibit 2 Dep. of Johanna Olson-Kennedy

View on PACER

3 Exhibit 3 Dep. of Daniel Shumer

View on PACER

4 Exhibit 4 Dep. of Armand Antommaria

View on PACER

5 Exhibit 5 Dep. of Dan Karasic (redacted)

View on PACER

6 Exhibit 6 Dep. Excerpts of Nancy Noe (redacted)

View on PACER

7 Exhibit 7 Dep. Excerpts of Sterling Misanin

View on PACER

Oct. 31, 2024

Oct. 31, 2024

PACER
47

RESPONSE in Opposition re 6 MOTION to Certify Class Response filed by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr.Reply to Response to Motion due by 11/7/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit 1 Dep. Excerpts of Gary Goe, # 2 Exhibit 2 MUSC ROG Responses, # 3 Exhibit 3 DHHS ROG Responses, # 4 Exhibit 4 PEBA ROG Responses)(Hydrick, Thomas) (Entered: 10/31/2024)

1 Exhibit 1 Dep. Excerpts of Gary Goe

View on PACER

2 Exhibit 2 MUSC ROG Responses

View on PACER

3 Exhibit 3 DHHS ROG Responses

View on PACER

4 Exhibit 4 PEBA ROG Responses

View on PACER

Oct. 31, 2024

Oct. 31, 2024

PACER
48

Joint MOTION to Stay Motion-to-Dismiss Briefing by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr. Response to Motion due by 11/26/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Hydrick, Thomas) (Entered: 11/12/2024)

1 Proposed Order

View on PACER

Nov. 12, 2024

Nov. 12, 2024

PACER
49

ORDER re 48 Joint MOTION to Stay: The Court grants in part and denies in part the motion. The Court hereby stays the date for the filing of motions to dismiss until further order of the Court. Before making a decision on whether to issue a brief stay of this action, the Court welcomes responses from the parties. Any party desiring to address this issue may file a response within 15 days of this Order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/14/2024. (ltap, ) (Entered: 11/14/2024)

Nov. 14, 2024

Nov. 14, 2024

Clearinghouse
50

REPLY to Response to Motion re 6 MOTION to Certify Class Response filed by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. (Attachments: # 1 Exhibit Noe Dep. Tr. Excerpt, # 2 Exhibit Goe Dep. Tr. Excerpt)(McPhail, Meredith) (Entered: 11/18/2024)

Nov. 18, 2024

Nov. 18, 2024

PACER
51

REPLY to Response to Motion re 7 MOTION for Preliminary Injunction Response filed by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. (Attachments: # 1 Exhibit Cantor Tr., # 2 Exhibit Karasic R. Decl., # 3 Exhibit Shumer R. Decl., # 4 Exhibit Antommaria R. Decl., # 5 Exhibit Olson-Kennedy R. Decl.)(McPhail, Meredith) (Entered: 11/18/2024)

Nov. 18, 2024

Nov. 18, 2024

PACER
52

NOTICE of Request for Protection from Court Appearance by Meredith Dyer McPhail for 12/23/24-1/3/25 (McPhail, Meredith) (Entered: 11/20/2024)

Nov. 20, 2024

Nov. 20, 2024

PACER
53

TEXT ORDER re 52 Notice of Request for Meredith Dyer McPhail for 12/23/24-1/3/25 for Protection from Court Appearance filed by Gary Goe, Nancy Noe, Jill Ray, Jane Doe, Grant Goe, Nina Noe, Sterling Misanin. Counsel should please know the protection request is duly noted and taken under advisement. Entered at the Direction of Honorable Richard M Gergel on 11/21/2024. (sshe, ) (Entered: 11/21/2024)

Nov. 21, 2024

Nov. 21, 2024

PACER

Order

Nov. 21, 2024

Nov. 21, 2024

PACER
54

REPLY by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray to 49 Order,, . (McPhail, Meredith) (Entered: 11/27/2024)

Nov. 27, 2024

Nov. 27, 2024

PACER
55

REPLY by Terri R. Barnes, William H. Bingham, Sr, Peggy Boykin, W. Melvin Brown, III, Henry Frederick Butehorn, III, Guy Castles, III, Richard M. Christian, Jr, David Cole, Paul T. Davis, Honorable James A. Battle, The, Jr, Donald R. Johnson, II, Barbara Johnson-Williams, Robert Kerr, James Lemon, Medical University of South Carolina, Charles W. Schulze, G. Murrell Smith, Sr, South Carolina Department of Health and Human Services, South Carolina Public Employee Benefit Authority, Michael E. Stavrinakis, Thomas L. Stephenson, Alan Wilson, Bartlett J. Witherspoon, Jr to Court's Order (ECF No. 49). (Hydrick, Thomas) (Entered: 11/29/2024)

Nov. 29, 2024

Nov. 29, 2024

PACER
56

ORDER granting 48 Motion to Stay. The Court hereby stays this action until the Supreme Court enters an order on the merits in Skrmetti or the Supreme Court's October 2024-June 2025 term ends, whichever is sooner. If theSupreme Court enters an order in Skrmetti addressing the merits of the appeal during its present term, Plaintiffs and Defendants are directed to file with this Court their views regarding the impact, if any, of the Skremetti decision on the issues present in this action. The parties shall make theirsubmissions within 15 days of the Supreme Court's order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/19/2024.(sshe, ) (Entered: 12/19/2024)

Dec. 19, 2024

Dec. 19, 2024

RECAP
57

MOTION to Appear Pro Hac Vice by Alexandra R. Johnson ( Filing fee $ 350 receipt number ASCDC-12247048) by Nina Noe, Nancy Noe, Grant Goe, Gary Goe, Sterling Misanin, Jane Doe, Jill Ray. Response to Motion due by 2/19/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing)No proposed order.(McPhail, Meredith) (Entered: 02/05/2025)

Feb. 5, 2025

Feb. 5, 2025

PACER
58

MOTION to Withdraw as Attorney by Christopher Taylor by Jane Doe, Gary Goe, Grant Goe, Sterling Misanin, Nina Noe, Nancy Noe, Jill Ray. Response to Motion due by 3/20/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(McPhail, Meredith) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

PACER

Order on Motion to Withdraw as Attorney

March 6, 2025

March 6, 2025

PACER
59

TEXT ORDER granting 58 Motion for Christopher Taylor to Withdraw as Attorney. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 3/6/2025.(ltap, ) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

PACER

Order on Motion to Appear Pro Hac Vice

April 7, 2025

April 7, 2025

PACER

Case Details

State / Territory: South Carolina

Case Type(s):

Healthcare Access and Reproductive Issues

Special Collection(s):

Transgender Healthcare Access Cases

Key Dates

Filing Date: Aug. 29, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Several transgender adults and minors, as well as parents of transgender minors in South Carolina, whose medically indicated treatment includes or will include the provision of “gender transition procedures,” as well as transgender people in South Carolina who have been or will be denied state-funded insurance coverage for "gender transition procedures" or such procedures at the Medical University of South Carolina. Seeking to represent 4 subclasses: minors, parents, insurance, and MUSC.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

South Carolina Department of Health and Human Services, State

Defendant Type(s):

Jurisdiction-wide

College/University

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

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

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination Basis:

Gender identity

LGBTQ+:

LGBTQ+