Case: M.H. v. Jeppesen

1:22-cv-00409 | U.S. District Court for the District of Idaho

Filed Date: Sept. 29, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

In 2022, plaintiffs, transgender and nonbinary Idahoans on Medicaid, sued the state, alleging Idaho Medicaid had an unwritten policy of denying or delaying gender-affirming care.  On September 29, 2022, two private transgender Medicaid plaintiffs (collectively, “Plaintiffs”), represented by Idaho Legal Aid Services, sued the Director of the Idaho Department of Health and Welfare (“DDHW”), the Medical Director of the Idaho Division of Medicaid (“MDI”), and the Idaho Department of Health and Welf…

In 2022, plaintiffs, transgender and nonbinary Idahoans on Medicaid, sued the state, alleging Idaho Medicaid had an unwritten policy of denying or delaying gender-affirming care. 

On September 29, 2022, two private transgender Medicaid plaintiffs (collectively, “Plaintiffs”), represented by Idaho Legal Aid Services, sued the Director of the Idaho Department of Health and Welfare (“DDHW”), the Medical Director of the Idaho Division of Medicaid (“MDI”), and the Idaho Department of Health and Welfare (“DHW”), (collectively, “IDD”) in the United States District Court for the District of Iowa. The Plaintiffs challenged Idaho’s Medicaid’s policy (“Exclusionary Policy”) of denying transgender patients genital reconstruction surgery to treat gender dysphoria, while covering the same or similar treatments for cisgender patients. The plaintiffs alleged that this discriminatory policy violated Section 1557 of the Affordable Care Act (“ACA”); the availability, comparability, and due process requirements of the Medicaid Act (collectively, “Medicaid Claims”), the Equal Protection Clause of the Fourteenth Amendment, and the Due Process Clause of the Fourteenth Amendment. The Plaintiffs also demanded a jury trial for this suit. The Plaintiffs sought a declaratory judgment, a permanent injunction, and compensatory damages for emotional distress. This case was assigned to, and consented by the parties to proceed before, Magistrate Judge Raymond Edward Patricco, Jr.

On November 25, 2022, IDD filed a motion to dismiss the Equal Protection claim, as well as the MDI in her individual capacity because the MDI was entitled to qualified immunity and compensatory damages cannot be awarded under the Medicaid Act.

On June 20, 2023 the court granted in part and denied in part IDD’s motion to dismiss. The court agreed that the Plaintiffs demonstrated that they were treated differently as transgender individuals compared to their cisgender counterparts pursuant to Idaho Medicaid’s policy of denying medically necessary genital reconstruction surgery to treat gender dysphoria. The court denied the MDI’s argument that she was entitled to qualified immunity for the Equal Protection and Due Process claims because the Plaintiffs have sufficiently alleged plausible violation of clearly established constitutional rights, and therefore her qualified immunity defense was premature. The court found that compensatory damages were not available under the Medicaid Act against the MDI in her individual capacity, which the Plaintiffs agreed with, so the Medicaid Claims were dismissed against the MDI.

On July 18, 2023, the MDI appealed to the Ninth Circuit of Appeals, and on July 2, IDD filed a motion for interlocutory appeal and stay pending appeal. On March 8, 2024, the court denied IDD’s motion because IDD failed to establish that there were controlling questions of law to which there were substantial grounds for differences of opinion and a stay of the entire case was not warranted because there are other claims that are not part of the pending appeal and those claims do not need to be stayed.

On June 17, 2024, the Plaintiffs filed an amended complaint adding four more adult transgender plaintiffs and two parents on behalf of their transgender child. From now on, this expanded group of plaintiffs will be referred to as “Plaintiffs”. The amended complaint also now included challenging H.B. 668, an Idaho statute that prohibited the use of Medicaid or public funds for any gender-affirming care, including medically necessary surgeries to treat gender dysphoria, but did not apply this same prohibition on cisgender patients. The amended complaint now argued that IDD discriminated on the basis of sex in violation of the ACA; H.B. 668 violated Medicaid’s availability requirements; the Exclusionary Policy and H.B. 668 violated Medicaid’s comparability requirements, the Equal Protection Clause, and the Due Process Clause; and IDD failed to provide notice and fair hearing violated Medicaid’s due process requirements. The Plaintiffs sought a declaratory judgment and a permanent injunction against the Exclusionary Policy and H.B. 668, slated to go into effect on July 1, 2024, and compensatory damages.

Simultaneously as filing the amended complaint, the Plaintiffs filed a motion for partial summary judgment and for a permanent injunction. They moved for partial summary judgment on the claims that H.B. 668 violated Medicaid’s availability requirements and that the Exclusionary Policy and H.B. 668 violated the Medicaid’s comparability requirements. The Plaintiffs argued that a permanent injunction was necessary to prevent them from suffering permanent harm because their gender-affirming care, that was being reimbursed and covered by Medicaid, would be discontinued, delayed, and denied.

On September 6, 2024, the Ninth Circuit affirmed in part and reversed in part MDI’s appeal on the Equal Protection and Due Process claims. The Appeals court affirmed the denial of qualified immunity as to Plaintiffs’ Equal Protection claim, because in the light most favorable to the Plaintiffs, MDI violated the Plaintiffs' established right to be treated equally to others. This court reversed the trial court’s denial of qualified immunity as to the Plaintiffs’ procedural Due Process claims because there was “no clearly established law that is ‘particularized to the facts of the case’ regarding the procedural safeguards that are required for the welfare benefit at issue here.”

On September 30, 2024, the Plaintiffs filed a motion for a preliminary injunction, and on November 18, the Plaintiffs filed a motion to certify a class. On December 5, MDI filed a petition for a writ of certiorari with the United States Supreme Court.

On December 31, 2024, Judge Patricco denied Plainitffs’ motion for a preliminary injunction because the Plaintiffs failed to satisfy the heightened standard required for a mandatory injunction and they did not show they would have been irreparably harmed in the absence of injunctive relief.

The case is ongoing as of April 2, 2025.

Summary Authors

Danica Fong (4/4/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/65387311/parties/mh-v-jeppesen/


Attorney for Plaintiff

Belodoff, Howard A (Idaho)

Gordon, Jane Catherine (Idaho)

Attorney for Defendant

Callahan, Joan Elizabeth (Idaho)

Craig, James Edward (Idaho)

Green, Aaron Michael (Idaho)

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Documents in the Clearinghouse

Document

23-35485

23-35485, M.H., et al v. Magni Hamso, et al

M.H.l v. Hamso

U.S. Court of Appeals for the Ninth Circuit

July 19, 2023

July 19, 2023

Docket

24-631

Magni Hamso, Individually and in Her Official Capacity as the Medical Director of the Idaho Division of Medicaid, Petitioner v. M. H., et al.

Hamso v. M.H.

U.S. Court of Appeals for the Ninth Circuit

Dec. 9, 2024

Dec. 9, 2024

Docket
1

1:22-cv-00409

Verified Complaint for Injunctive Relief, Declaratory Judgment, and Damages

Sept. 29, 2022

Sept. 29, 2022

Complaint
19

1:22-cv-00409

Defendant's Motion to Dismiss

MH v. Jeppesen

Nov. 25, 2022

Nov. 25, 2022

Pleading / Motion / Brief
36

1:22-cv-00409

Memorandum Decision and Order Re: Defendants' Motion to Dismiss

June 20, 2023

June 20, 2023

Order/Opinion

677 F.Supp.3d 1175

63

1:22-cv-00409

Memorandum Decision and Order

March 8, 2024

March 8, 2024

Order/Opinion

2024 WL 1012986

87

1:22-cv-00409

Motion for Partial Summary Judgment and for a Permanent Injunction

MH v. Adams

June 17, 2024

June 17, 2024

Pleading / Motion / Brief
125

1:22-cv-00409

Memorandum

MH v. Hamso

U.S. Court of Appeals for the Ninth Circuit

Sept. 6, 2024

Sept. 6, 2024

Order/Opinion

2024 WL 4100235

154

1:22-cv-00409

Memorandum Decision and Order Re: Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction

MH v. Adams

Dec. 31, 2024

Dec. 31, 2024

Order/Opinion

2024 WL 5263765

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65387311/mh-v-jeppesen/

Last updated Aug. 11, 2025, 6:42 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AIDDC-2457774.), filed by All Plaintiffs. (Attachments: # 1 Cover Sheet Civil Cover Sheet, # 2 Summons Summons Jeppesen, # 3 Summons Summons Hamso, # 4 Summons Summons IDHW)(Hendrickson, Martin)

1 Cover Sheet Civil Cover Sheet

View on PACER

2 Summons Summons Jeppesen

View on PACER

3 Summons Summons Hamso

View on PACER

4 Summons Summons IDHW

View on PACER

Sept. 29, 2022

Sept. 29, 2022

Clearinghouse
2

MOTION to Seal Document unredacted Complaint and Dec of TB's Parent Martin C. Hendrickson appearing for Plaintiffs T B, M H. Responses due by 10/20/2022 (Attachments: # 1 Memorandum in Support Memo in Support of Motion to Seal)(Hendrickson, Martin)

Sept. 29, 2022

Sept. 29, 2022

PACER
3

Sealed Document Re: 2 MOTION to Seal Document unredacted Complaint and Dec of TB's Parent. (Hendrickson, Martin)

Sept. 29, 2022

Sept. 29, 2022

PACER
4

DISREGARD - Sealed Document Re: 2 MOTION to Seal Document unredacted Complaint and Dec of TB's Parent. (Hendrickson, Martin) Modified on 9/29/2022, see corrective entry (jd).

Sept. 29, 2022

Sept. 29, 2022

PACER

CORRECTIVE ENTRY - The entry docket number 4 Sealed Document was filed incorrectly. The filing party shall re-submit their correct filing.(jd)

Sept. 29, 2022

Sept. 29, 2022

PACER
5

Sealed Document Re: 2 MOTION to Seal Document unredacted Complaint and Dec of TB's Parent. (Hendrickson, Martin)

Sept. 29, 2022

Sept. 29, 2022

PACER
6

MOTION to Proceed Under Pseudonyms Martin C. Hendrickson appearing for Plaintiffs T B, M H. Responses due by 10/20/2022 (Attachments: # 1 Memorandum in Support Memo in Support of Motion, # 2 Affidavit Declaration of B Larsen ISO Motion, # 3 Affidavit Declaration of TB's Parent ISO Motion, # 4 Affidavit Declaration of MH ISO Motion)(Hendrickson, Martin)

1 Memorandum in Support Memo in Support of Motion

View on PACER

2 Affidavit Declaration of B Larsen ISO Motion

View on PACER

3 Affidavit Declaration of TB's Parent ISO Motion

View on PACER

4 Affidavit Declaration of MH ISO Motion

View on RECAP

Sept. 29, 2022

Sept. 29, 2022

RECAP

Corrective Entry

Sept. 29, 2022

Sept. 29, 2022

PACER
7

Summons Issued as to All Defendants. (Print attached Summons for service.) (Attachments: # 1 Summons for Idaho Department of Health and Welfare, # 2 Summons for Dave Jeppesen)(jd)

1 Summons for Idaho Department of Health and Welfare

View on RECAP

2 Summons for Dave Jeppesen

View on PACER

Sept. 30, 2022

Sept. 30, 2022

PACER
8

CERTIFICATE OF SERVICE by T B, M H Dave Jeppesen (Belodoff, Howard)

Oct. 14, 2022

Oct. 14, 2022

PACER
9

CERTIFICATE OF SERVICE by T B, M H Magni Hamso (Belodoff, Howard)

Oct. 14, 2022

Oct. 14, 2022

PACER
10

CERTIFICATE OF SERVICE by T B, M H Idaho Department of Health & Welfare (Belodoff, Howard)

Oct. 14, 2022

Oct. 14, 2022

PACER
11

NOTICE of Appearance by Steven R Kraft on behalf of Magni Hamso, Idaho Department of Health and Welfare, Dave Jeppesen (Kraft, Steven)

Oct. 17, 2022

Oct. 17, 2022

PACER
12

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for T B, M H, Magni Hamso, Idaho Department of Health and Welfare, Dave Jeppesen re 11 Notice of Appearance, 1 Complaint, Consent/Objection to Magistrate due by 12/19/2022. (alw)

Oct. 18, 2022

Oct. 18, 2022

RECAP
13

MOTION for Extension of Time to File Answer Craig D Stacey appearing for Defendants Magni Hamso, Idaho Department of Health and Welfare, Dave Jeppesen. Responses due by 11/30/2022 (Attachments: # 1 Memorandum in Support Memorandum in Support of Motion for Extension, # 2 Affidavit Declaration of Craig Stacey)(Stacey, Craig)

Nov. 9, 2022

Nov. 9, 2022

PACER
14

RESPONSE to Motion re 13 MOTION for Extension of Time to File Answer filed by T B. Replies due by 11/25/2022. (Attachments: # 1 Affidavit Declaration of Counsel)(Hendrickson, Martin)

Nov. 10, 2022

Nov. 10, 2022

PACER
15

ORDER. Defendants Motion is GRANTED in this respect. However, Defendants shallrespond to Plaintiffs Complaint on or before November 25, 2022. Defendants Motion is DENIED in this respect. Defendants shall respond to (i) Plaintiffs Motion to Seal (Dkt. 2 ), and (ii)Plaintiffs Motion to Allow Plaintiffs to Proceed Under Pseudonyms (Dkt. 6 ) on or before November 18, 2022. Signed by Judge Raymond Edward Patricco, Jr. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)

Nov. 14, 2022

Nov. 14, 2022

PACER

Set/Reset Deadlines as to 6 MOTION to Proceed Under Pseudonyms, 2 MOTION to Seal Document unredacted Complaint and Dec of TB's Parent. Responses due by 11/18/2022 (alw)

Nov. 14, 2022

Nov. 14, 2022

PACER
16

Docket entry only - CONSENT to Magistrate Judge filed. (alw)

Nov. 14, 2022

Nov. 14, 2022

PACER

Set Motion and R&R Deadlines/Hearings

Nov. 14, 2022

Nov. 14, 2022

PACER
17

NOTICE by Magni Hamso, Idaho Department of Health and Welfare, Dave Jeppesen re Set Motion and R&R Deadlines/Hearings of Non-Opposition (Stacey, Craig)

Nov. 18, 2022

Nov. 18, 2022

RECAP
18

NOTICE of Substitution - Attorney Joan Elizabeth Callahan for Magni Hamso,Joan Elizabeth Callahan for Idaho Department of Health and Welfare,Joan Elizabeth Callahan for Dave Jeppesen added. Attorney Steven R Kraft and Craig D Stacey terminated. Request to Turn Electronic Noticing OFF (no longer receive NEFs in this case only) by Attorney (Stacey, Craig)

Nov. 23, 2022

Nov. 23, 2022

PACER
19

MOTION to Dismiss Joan Elizabeth Callahan appearing for Defendants Magni Hamso, Idaho Department of Health and Welfare, Dave Jeppesen. Responses due by 12/16/2022 (Attachments: # 1 Memorandum in Support)(Callahan, Joan)

1 Memorandum in Support

View on RECAP

Nov. 25, 2022

Nov. 25, 2022

Clearinghouse
20

DOCKET ENTRY ORDER GRANTING Unopposed 2 Motion to Seal. Signed by Judge Raymond E. Patricco, Jr. (dg)

Nov. 29, 2022

Nov. 29, 2022

PACER
21

DOCKET ENTRY ORDER GRANTING Unopposed 6 Motion to Allow Plaintiffs to Proceed Under Pseudonyms. Signed by Judge Raymond E. Patricco, Jr. (dg)

Nov. 29, 2022

Nov. 29, 2022

PACER
22

MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss Martin C. Hendrickson appearing for Plaintiffs T B, M H. Responses due by 1/6/2023 (Attachments: # 1 Affidavit Declaration of Counsel)(Hendrickson, Martin)

Dec. 16, 2022

Dec. 16, 2022

PACER
23

DOCKET ENTRY ORDER GRANTING Unopposed 22 Motion for Extension of Time. Plaintiffs shall respond to Defendants' 19 Motion to Dismiss on or before January 13, 2023. Defendants' reply, if any, shall be filed within 21 days of Plaintiffs' anticipated response. Signed by Judge Raymond Edward Patricco, Jr. (dg)

Dec. 16, 2022

Dec. 16, 2022

PACER
24

ALL PARTIES HAVE CONSENTED TO PROCEED BEFORE A US MAGISTRATE JUDGE(alw)

Dec. 19, 2022

Dec. 19, 2022

RECAP
25

MOTION for Leave to File Excess Pages Howard A Belodoff appearing for Plaintiffs T B, M H. Responses due by 1/31/2023 (Attachments: # 1 Exhibit Proposed Response to Defendants Motion to Dismiss)(Belodoff, Howard)

Jan. 10, 2023

Jan. 10, 2023

PACER
26

DOCKET ENTRY ORDER GRANTING unopposed 25 Motion for Leave to File Excess Pages. Plaintiffs shall separately file their Response to 19 Defendants' Motion to Dismiss on or before January 13, 2023. Signed by Judge Raymond E. Patricco, Jr. (dg)

Jan. 12, 2023

Jan. 12, 2023

PACER
27

RESPONSE to Motion re 19 MOTION to Dismiss filed by T B, M H. Replies due by 1/27/2023.(Belodoff, Howard)

Jan. 13, 2023

Jan. 13, 2023

RECAP
28

REPLY to Response to Motion re 19 MOTION to Dismiss filed by Magni Hamso, Idaho Department of Health and Welfare, Dave Jeppesen.Motion Ripe Deadline set for 2/6/2023.(Callahan, Joan)

Feb. 3, 2023

Feb. 3, 2023

RECAP
29

DOCKET TEXT NOTICE of Hearing on 19 MOTION to Dismiss : Motion Hearing set for 3/28/2023 10:00 AM in Boise - Courtroom 7 before Judge Raymond Edward Patricco Jr. (jh)

Feb. 27, 2023

Feb. 27, 2023

PACER
30

NOTICE of Substitution - Attorney Joan Elizabeth Callahan terminated. Request to Leave Noticing ON for this case by Attorney (Nielsen, Andrea)

March 7, 2023

March 7, 2023

PACER
31

DOCKET TEXT AMENDED NOTICE of Hearing on Motion 19 MOTION to Dismiss : Motion Hearing reset for 5/2/2023 02:00 PM in Boise - Courtroom 7 before Judge Raymond Edward Patricco Jr. The Motion Hearing set for 3/28/2023 is hereby VACATED. Motion Hearing reset at the request of both parties.(jh)

March 10, 2023

March 10, 2023

PACER
32

NOTICE by T B, M H Withdrawal of Counsel Martin Hendrickson (Belodoff, Howard)

April 28, 2023

April 28, 2023

PACER
33

NOTICE by Magni Hamso, Idaho Department of Health and Welfare, Dave Jeppesen of Supplemental Information (Attachments: # 1 Exhibit A)(Wilson, Lincoln)

1 Exhibit A

View on RECAP

May 1, 2023

May 1, 2023

RECAP
34

NOTICE by T B, M H re 33 Notice (Other) of Supplemental Information (Belodoff, Howard)

May 2, 2023

May 2, 2023

RECAP
35

Minute Entry for proceedings held before Judge Raymond Edward Patricco, Jr: Motion Hearing held on 5/2/2023 re 19 MOTION to Dismiss filed by Idaho Department of Health and Welfare, Dave Jeppesen, Magni Hamso. This Motion is UNDER ADVISEMENT. (ESR jh.) Audio File Location Boise - Courtroom 7. (jh)

May 2, 2023

May 2, 2023

PACER
36

MEMORANDUM DECISION AND ORDER RE: DEFENDANTS' MOTION TO DISMISS (DKT. 19 ) - Signed by US Magistrate Judge Raymond Edward Patricco, Jr. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

June 20, 2023

June 20, 2023

Clearinghouse
37

LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE Telephonic Scheduling Conference set for 7/27/2023 10:00 AM in Telephonic Hearing - Boise Chambers before US Magistrate Judge Raymond Edward Patricco Jr. On or before Thursday, July 20, 2023, the parties must file with the Court the JOINT Litigation Plan and Discovery Plans. Signed by US Magistrate Judge Raymond Edward Patricco, Jr. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (hs)

June 28, 2023

June 28, 2023

PACER
38

TRANSCRIPT REQUEST by Magni Hamso, Idaho Department of Health and Welfare, Dave Jeppesen for proceedings held on 05/02/2023 before Judge Raymond E. Patricco.. (Wilson, Lincoln)

July 5, 2023

July 5, 2023

PACER
39

Notice of Filing of Official Transcript of Proceedings held on 05/02/2023 before Judge Raymond E. Patricco. Court Reporter/Transcriber Tamara A. Weber, Email tammy@canyontranscription.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. This transcript is not available to the general public and as such is sealed until release of transcript restriction re 35 Motion Hearing,. Redaction Request due 7/31/2023. Redacted Transcript Deadline set for 8/10/2023. Release of Transcript Restriction set for 10/10/2023. (swk)

July 10, 2023

July 10, 2023

PACER
40

NOTICE OF APPEAL 23-35485 as to 36 Order on Motion to Dismiss, by Magni Hamso. Filing Fee Due. $ 505, receipt number AIDDC-2600399. (Notice sent to Court Reporter & 9th Cir) (Wilson, Lincoln) Modified on 7/19/2023, to add USCA case number (jd).

July 18, 2023

July 18, 2023

PACER
41

NOTICE by T B, M H re 37 Litigation Order,, Request for Different Time & Date for Scheduling Conference (Belodoff, Howard)

July 18, 2023

July 18, 2023

PACER
42

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by T B, M H. (Belodoff, Howard)

July 18, 2023

July 18, 2023

RECAP
43

DISCOVERY PLAN by T B, M H re 42 Scheduling Conf Form/Litigation Plan . (Belodoff, Howard)

July 18, 2023

July 18, 2023

PACER
44

USCA Case Number 23-35485 for 40 Notice of Appeal filed by Magni Hamso. (jd)

July 19, 2023

July 19, 2023

RECAP
45

USCA Time Schedule Order 23-35485 as to 40 Notice of Appeal, filed by Magni Hamso. (Notice sent by e-mail to Court Reporter) (jd)

July 19, 2023

July 19, 2023

RECAP
46

NOTICE by Magni Hamso, Idaho Department of Health and Welfare, Dave Jeppesen re 37 Litigation Order,, Re Proposed Discovery Plan, Notice of Appeal, and Motion to Certify for Interlocutory Appeal (Wilson, Lincoln)

July 20, 2023

July 20, 2023

RECAP
47

NOTICE by T B, M H of Appearance of Jane Gordon (Belodoff, Howard)

July 20, 2023

July 20, 2023

RECAP
48

DOCKET TEXT NOTICE VACATING telephonic scheduling conference set for 7/27/2023 before Judge Raymond E. Patricco. Scheduling conference to be reset in due course. (jh)

July 25, 2023

July 25, 2023

PACER
49

ANSWER to 1 Complaint, by Department of Health and Welfare and Dave Jeppesen.(Wilson, Lincoln) Modified on 7/28/2023 to correct filers in docket text (km).

July 27, 2023

July 27, 2023

RECAP
50

MOTION Lincoln Davis Wilson appearing for Defendants Magni Hamso, Idaho Department of Health and Welfare, Dave Jeppesen. Responses due by 8/17/2023 (Attachments: # 1 Memorandum in Support Motion for Certification of Interlocutory Appeal and Stay Pending Appeal)(Wilson, Lincoln)

1 Memorandum in Support Motion for Certification of Interlocutory Appeal and Stay

View on PACER

July 27, 2023

July 27, 2023

PACER
51

NOTICE of Appearance by Howard A Belodoff on behalf of All Plaintiffs (Belodoff, Howard)

Aug. 16, 2023

Aug. 16, 2023

PACER
52

First MOTION for Extension of Time to File Response/Reply as to 50 MOTION for Certification of Interlocutory Appeal Howard A Belodoff appearing for Plaintiffs T B, M H. Responses due by 9/6/2023 (Attachments: # 1 Memorandum in Support Declaration of Belodoff in Support)(Belodoff, Howard)

1

View on RECAP

Aug. 16, 2023

Aug. 16, 2023

PACER
53

TRANSCRIPT REQUEST previously completed by Magni Hamso for proceedings held on May 2, 2023 before Judge Raymond Edward Patricco.. (Wilson, Lincoln)

Aug. 17, 2023

Aug. 17, 2023

PACER
54

DOCKET ENTRY ORDER GRANTING Unopposed 52 Motion for Extension of Time. Plaintiffs shall respond to Defendants' 50 Motion for Certification of Interlocutory Appeal on or before August 31, 2023. Signed by US Magistrate Judge Raymond E. Patricco, Jr. (dg)

Aug. 17, 2023

Aug. 17, 2023

PACER
55

MOTION for Leave to File Excess Pages Response to Motion for Certification of Interlocutory Appeal Howard A Belodoff appearing for Plaintiffs T B, M H. Responses due by 9/19/2023 (Attachments: # 1 Exhibit Response to Motion for Certification of Interlocutory Appeal)(Belodoff, Howard)

1 Exhibit Response to Motion for Certification of Interlocutory Appeal

View on RECAP

Aug. 29, 2023

Aug. 29, 2023

RECAP
56

DOCKET ENTRY ORDER GRANTING 55 Motion for Leave to File Excess Pages. Signed by US Magistrate Judge Raymond E. Patricco, Jr. (dg)

Aug. 30, 2023

Aug. 30, 2023

PACER
57

RESPONSE to Motion re 50 MOTION for Certification of Interlocutory Appeal filed by T B, M H. Replies due by 9/14/2023.(Belodoff, Howard)

Aug. 31, 2023

Aug. 31, 2023

PACER
58

REPLY to Response to Motion re 50 MOTION For Certification of Interlocutory Appeal and Stay Pending Appeal filed by Idaho Department of Health and Welfare, Dave Jeppesen.Motion Ripe Deadline set for 9/15/2023.(Wilson, Lincoln)

Sept. 14, 2023

Sept. 14, 2023

RECAP
59

MOTION to Supplement Authority in Support of Motion for Certification of Interlocutory Appeal and Stay Pending Appeal re: 50 MOTION Lincoln Davis Wilson appearing for Defendants Idaho Department of Health and Welfare, Dave Jeppesen. Responses due by 10/20/2023 (Attachments: # 1 Exhibit A - 2023 WL 6321688)(Wilson, Lincoln)

1 Exhibit A - 2023 WL 6321688

View on PACER

Sept. 29, 2023

Sept. 29, 2023

RECAP
60

NOTICE of Substitution - Attorney James Edward Monroe Craig for Magni Hamso,James Edward Monroe Craig for Idaho Department of Health and Welfare,James Edward Monroe Craig for Dave Jeppesen added. Attorney Lincoln Davis Wilson terminated. Request to Turn Electronic Noticing OFF (no longer receive NEFs in this case only) by Attorney (Craig, James)

Oct. 6, 2023

Oct. 6, 2023

PACER
61

RESPONSE to Motion re 59 MOTION to Supplement Authority in Support of Motion for Certification of Interlocutory Appeal and Stay Pending Appeal re: 50 MOTION, 50 MOTION filed by T B, M H. Replies due by 10/25/2023.(Belodoff, Howard)

Oct. 11, 2023

Oct. 11, 2023

PACER
62

NOTICE by T B, M H Intent to Serve Non-Party Subpoena Duces Tecum (Attachments: # 1 Appendix Subpoena Duces Tecum; Fed Civ Rule 45)(Belodoff, Howard)

1 Appendix Subpoena Duces Tecum; Fed Civ Rule 45

View on PACER

Oct. 17, 2023

Oct. 17, 2023

PACER
63

MEMORANDUM DECISION AND ORDER - IT IS HEREBY ORDERED that: Defendants' Motion for Certification of Interlocutory Appeal and Stay Pending Appeal (Dkt. 50 ) is DENIED. Defendants' Motion for Leave to File Supplemental Authority (Dkt. 59 ) is GRANTED. By separate notice, the Court will request litigation and discovery plans from the parties in anticipation of a scheduling conference to discuss deadlines moving forward. Signed by US Magistrate Judge Raymond Edward Patricco, Jr. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (hs)

March 8, 2024

March 8, 2024

Clearinghouse
64

ORDER of USCA 23-35485 as to 40 Notice of Appeal, filed by Magni Hamso (hs)

March 13, 2024

March 13, 2024

RECAP
65

NOTICE of Substitution - Attorney Andrea H Nielsen terminated. Request to Turn Electronic Noticing OFF (no longer receive NEFs in this case only) by Attorney (Woodard, Gregory)

March 15, 2024

March 15, 2024

PACER
66

AMENDED LITIGATION ORDER AND NOTICE OF VIDEO SCHEDULING CONFERENCE- On or before Thursday, May 30, 2024, the parties must file with the Court the JOINT Litigation Plan and Discovery Plans. Video Scheduling Conference set for 6/6/2024 11:00 AM in Video Zoom before US Magistrate Judge Raymond Edward Patricco Jr. Signed by US Magistrate Judge Raymond Edward Patricco, Jr. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

May 13, 2024

May 13, 2024

PACER
67

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by M H. (Attachments: # 1 Plaintiffs' Discovery Plan)(Gordon, Jane)

May 28, 2024

May 28, 2024

PACER
68

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Magni Hamso, Idaho Department of Health and Welfare, Dave Jeppesen. (Attachments: # 1 Defendants' Proposed Discovery Plan)(Craig, James)

May 30, 2024

May 30, 2024

PACER
69

SCHEDULING ORDER Dispositive Motion Deadline: due by 4/8/2025. Amendment of Pleadings and Joinder of Parties: due by 7/30/2024. Completion of Fact Discovery: due by 12/9/2024. Telephonic Status Conference set for 9/5/2024 11:00 AM in Telephonic Hearing - Boise Chambers before US Magistrate Judge Raymond Edward Patricco Jr. IT IS FURTHER ORDERED that the Telephonic Scheduling Conference scheduled for 6/6/24 at 11:00 a.m. is VACATED. Signed by US Magistrate Judge Raymond Edward Patricco, Jr. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (hs)

June 4, 2024

June 4, 2024

RECAP
70

MOTION to Amend/Correct 1 Complaint, Howard A Belodoff appearing for Plaintiffs T B, M H. Responses due by 6/25/2024 (Attachments: # 1 Exhibit Amended Complaint, # 2 Memorandum in Support Of Motion to File Amended Complaint)(Belodoff, Howard)

1 Exhibit Amended Complaint

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2 Memorandum in Support Of Motion to File Amended Complaint

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June 4, 2024

June 4, 2024

RECAP
71

Supplemental MOTION to Amend/Correct 70 MOTION to Amend/Correct 1 Complaint, Howard A Belodoff appearing for Plaintiffs T B, M H. Responses due by 6/26/2024 (Attachments: # 1 Exhibit Exhibit 1 Amended Complaint)(Belodoff, Howard)

1 Exhibit Exhibit 1 Amended Complaint

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June 5, 2024

June 5, 2024

PACER
72

MOTION Shorten Time to Respond re 70 MOTION to Amend/Correct 1 Complaint, Howard A Belodoff appearing for Plaintiffs T B, M H. Responses due by 7/1/2024 (Attachments: # 1 Memorandum in Support of Motion to Shorten Time to Respond to Request to File Amended Complaint)(Belodoff, Howard)

1 Memorandum in Support of Motion to Shorten Time to Respond to Request to File Am

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June 10, 2024

June 10, 2024

PACER
73

MOTION to Seal Amended Complaint and Initial Disclosures and Proceed Under Psuedonyms Jane Catherine Gordon appearing for Plaintiffs T B, M H. Responses due by 7/1/2024 (Attachments: # 1 Memorandum in Support Memo ISO Motion to Seal and Use Psuedonyms)(Gordon, Jane)

June 10, 2024

June 10, 2024

PACER
74

MOTION for Leave to File Excess Pages On Plantiffs' Motion for Partial Summary Judgment Howard A Belodoff appearing for Plaintiffs T B, M H. Responses due by 7/2/2024 (Attachments: # 1 Appendix Memo in Support of Motion for Partial Summary Judgment and Permanent Injunction)(Belodoff, Howard)

June 11, 2024

June 11, 2024

PACER
75

NOTICE by Magni Hamso, Idaho Department of Health and Welfare, Dave Jeppesen Rule 25(d) Notice (Craig, James)

June 12, 2024

June 12, 2024

PACER
76

ERRATA by Plaintiffs T B, M H re 72 MOTION Shorten Time to Respond re 70 MOTION to Amend/Correct 1 Complaint, . (Gordon, Jane)

June 12, 2024

June 12, 2024

PACER
77

RESPONSE to Motion re 70 MOTION to Amend/Correct 1 Complaint, Defendants' Non-Opposition to Motion filed by Alex J Adams, Magni Hamso, Idaho Department of Health and Welfare. Replies due by 6/28/2024.(Craig, James)

June 14, 2024

June 14, 2024

PACER
78

RESPONSE to Motion re 73 MOTION to Seal Amended Complaint and Initial Disclosures and Proceed Under Psuedonyms Defendants' Non-Opposition to Motion filed by Alex J Adams, Magni Hamso, Idaho Department of Health and Welfare. Replies due by 6/28/2024.(Craig, James)

June 14, 2024

June 14, 2024

PACER
79

RESPONSE to Motion re 74 MOTION for Leave to File Excess Pages On Plantiffs' Motion for Partial Summary Judgment Defendants' Non-Opposition to Motion filed by Alex J Adams, Magni Hamso, Idaho Department of Health and Welfare. Replies due by 6/28/2024.(Craig, James)

June 14, 2024

June 14, 2024

PACER
80

MOTION for Extension of Time to File Response/Reply to Amended Complaint James Edward Monroe Craig appearing for Defendants Alex J Adams, Magni Hamso, Idaho Department of Health and Welfare. Responses due by 7/5/2024 (Craig, James)

June 14, 2024

June 14, 2024

PACER
81

MOTION to Amend/Correct 69 Scheduling Order,, James Edward Monroe Craig appearing for Defendants Alex J Adams, Magni Hamso, Idaho Department of Health and Welfare. Responses due by 7/5/2024 (Craig, James)

June 14, 2024

June 14, 2024

PACER
82

DOCKET ENTRY ORDER GRANTING Unopposed 70 Motion to Amend/Correct and 71 Motion to Amend/Correct. Plaintiffs shall formally file their Amended Complaint in the instant action. Signed by US Magistrate Judge Raymond E. Patricco, Jr. (dg)

June 14, 2024

June 14, 2024

PACER
83

DOCKET ENTRY ORDER DENYING AS MOOT 72 Motion. Signed by US Magistrate Judge Raymond E. Patricco, Jr. (dg)

June 14, 2024

June 14, 2024

PACER
84

DOCKET ENTRY ORDER GRANTING Unopposed 73 Motion to Seal. Plaintiffs may renew their Motion regarding Initial Disclosures to the extent they believe it appropriate under the circumstances, keeping in mind Defendants' response that Initial Disclosures are not typically filed with the Court. Signed by US Magistrate Judge Raymond E. Patricco, Jr. (dg)

June 14, 2024

June 14, 2024

PACER
85

DOCKET ENTRY ORDER GRANTING Unopposed 74 Motion for Leave to File Excess Pages. Signed by US Magistrate Judge Raymond E. Patricco, Jr. (dg)

June 14, 2024

June 14, 2024

PACER
86

AMENDED COMPLAINT against All Defendant's, filed by All Plaintiffs.(Belodoff, Howard)

June 17, 2024

June 17, 2024

PACER
87

MOTION for Partial Summary Judgment Howard A Belodoff appearing for Plaintiffs T B, M H. Responses due by 7/8/2024 (Attachments: # 1 Memorandum in Support, # 2 Supplement Statement of Material Facts, # 3 Affidavit Declaration of Howard Belodoff, # 4 Affidavit Declaration of Misa Perron-Burdick, # 5 Affidavit Declaration of Marvin-Anthony Carson Alviso, # 6 Affidavit Declaration of Loren Schechter)(Belodoff, Howard)

1 Memorandum in Support

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2 Supplement Statement of Material Facts

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3 Affidavit Declaration of Howard Belodoff

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4 Affidavit Declaration of Misa Perron-Burdick

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5 Affidavit Declaration of Marvin-Anthony Carson Alviso

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6 Affidavit Declaration of Loren Schechter

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June 17, 2024

June 17, 2024

Clearinghouse
88

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for AC, BM, G Doe, KB, SG re 86 Amended Complaint Consent/Objection to Magistrate due by 6/25/2024. (hs)

June 18, 2024

June 18, 2024

PACER
89

Sealed Document. (Gordon, Jane)

June 18, 2024

June 18, 2024

PACER
90

Docket entry only - CONSENT to Magistrate Judge filed. (hs) (Entered: 06/20/2024)

June 18, 2024

June 18, 2024

PACER
91

ALL PARTIES HAVE CONSENTED TO PROCEED BEFORE A US MAGISTRATE JUDGE(hs)

June 20, 2024

June 20, 2024

PACER
92

MOTION to Expedite Briefing To Respond to Motion for Partial Summary Judgment and for Permanent Injunctiion and for Temporary Restraining Order to Preserve the Status Quo Howard A Belodoff appearing for Plaintiffs AC, T B, BM, G Doe, M H, KB, SG. Responses due by 7/15/2024 (Attachments: # 1 Memorandum in Support, # 2 Affidavit)(Belodoff, Howard)

1 Memorandum in Support

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2 Affidavit

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June 24, 2024

June 24, 2024

PACER
93

ORDER RE: PLAINTIFFS' MOTION FOR EXPEDITED BRIEFING TO RESPOND TO THE MOTION FOR PARTIAL SUMMARY JUDGMENT AND FOR A PERMANENT INJUNCTION AND FOR A TEMPORARY RESTRAINING ORDER TO PRESERVE THE STATUS QUO - Plaintiffs Motion for Expedited Briefing to Respond to the Motion for Partial Summary Judgment and for a Permanent Injunction and for a Temporary Restraining Order to Preserve the Status Quo (Dkt. 92 ) is DENIED WITHOUT PREJUDICE. Signed by US Magistrate Judge Raymond Edward Patricco, Jr. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

June 25, 2024

June 25, 2024

PACER
94

RESPONSE to Motion re 80 MOTION for Extension of Time to File Response/Reply to Amended Complaint filed by AC, T B, BM, G Doe, M H, KB, SG. Replies due by 7/10/2024. (Attachments: # 1 Affidavit Declaration of Howard Belodoff, # 2 Affidavit Declaration of Jane Gordon, # 3 Affidavit Declarationo of Plaintiff AC, # 4 Affidavit Declaration of Bev Allen)(Belodoff, Howard)

June 26, 2024

June 26, 2024

PACER
95

SUPPLEMENT by Plaintiffs AC, T B, BM, G Doe, M H, KB, SG re 93 Order on Motion to Expedite,, Temporary Restraining Order. (Attachments: # 1 Affidavit Declaration Dr Ragan, # 2 Affidavit Declaration HB, # 3 Affidavit Declaration GM, # 4 Affidavit Declaration AC, # 5 Affidavit Declaration KB, # 6 Affidavit Declaration Alviso, # 7 Affidavit Declaration Misa)(Gordon, Jane)

1 Affidavit Declaration Dr Ragan

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2 Affidavit Declaration HB

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3 Affidavit Declaration GM

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4 Affidavit Declaration AC

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5 Affidavit Declaration KB

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6 Affidavit Declaration Alviso

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7 Affidavit Declaration Misa

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June 28, 2024

June 28, 2024

RECAP
96

ORDER RE: PLAINTIFFS' SUPPLEMENTAL MEMORANDUM IN RESPONSE TO ORDER RE: MOTION FOR EXPEDITED BRIEFING AND FOR A TEMPORARY RESTRAINING ORDER TO PRESERVE THE STATUS QUO - Signed by US Magistrate Judge Raymond Edward Patricco, Jr. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

June 29, 2024

June 29, 2024

RECAP

Case Details

State / Territory: Idaho

Case Type(s):

Healthcare Access and Reproductive Issues

Special Collection(s):

Transgender Healthcare Access Cases

Key Dates

Filing Date: Sept. 29, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Trangender and nonbinary private Idahoan plaintiffs

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Director of the Idaho Department of Health and Welfare, State

Medical Director of the Idaho Division of Medicaid, State

Idaho Department of Health and Welfare, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Ex parte Young (federal or state officials)

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

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

Benefits (Source):

Medicaid

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Gender identity

Affected Sex/Gender(s):

Transgender

LGBTQ+:

LGBTQ+

Medical/Mental Health Care:

Gender-affirming care