Case: Doe v. Austin

2:22-cv-00368 | U.S. District Court for the District of Maine

Filed Date: Nov. 21, 2022

Closed Date: Jan. 8, 2025

Clearinghouse coding in progress

Case Summary

(This summary is temporary, while we research the case.) On November 21, 2022, two transgender women who received healthcare benefits through their fathers from the United States military filed this lawsuit against the United States Department of Defense in the United States District Court for the District of Maine. They asserted that the government's refusal to cover their gender-affirming care violated the Equal Protection and Due Process Clauses.

Summary Authors

Jordan Smith (4/9/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/65882175/parties/doe-v-austin/


Judge(s)
Attorney for Plaintiff

DOWLING, ETHAN JOHN (Maine)

GRANT, KAYLA (Maine)

HARRINGTON, SETH C. (Maine)

Attorney for Defendant
Expert/Monitor/Master/Other

BERRY, MATTHEW B. (Maine)

CRAIGMYLE, BRADLEY (Maine)

show all people

Documents in the Clearinghouse

Document
1

2:22-cv-00368

Complaint for Declaratory and Injunctive Relief

Nov. 21, 2022

Nov. 21, 2022

Complaint
58

2:22-cv-00368

Order on Cross-Motions for Summary Judgment

Nov. 1, 2024

Nov. 1, 2024

Order/Opinion

2024 WL 4653290

60

2:22-cv-00368

Motion of the U.S. House of Representatives to Intervene with Incorporated memorandum of Law

Dec. 13, 2024

Dec. 13, 2024

Pleading / Motion / Brief
65

2:22-cv-00368

Stipulation for Dismissal

Dec. 20, 2024

Dec. 20, 2024

Pleading / Motion / Brief
66

2:22-cv-00368

Notice (Other)/Correspondence

Dec. 22, 2024

Dec. 22, 2024

67

2:22-cv-00368

Plaintiffs Jane Doe and Susan Roe's Response and Objection to Notice Filed by the U.S. House of Representatives

Dec. 30, 2024

Dec. 30, 2024

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65882175/doe-v-austin/

Last updated April 12, 2025, 12:24 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by JANE DOE, JOHN DOE against LLOYD J AUSTIN, III, TRICARE HEALTH PLAN, US DEFENSE HEALTH AGENCY, US DEPARTMENT OF DEFENSE PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS.. (Service of Process Deadline 2/21/2023) Fee due by 11/23/2022.(slg) (Entered: 11/21/2022)

Nov. 21, 2022

Nov. 21, 2022

Clearinghouse
2

CIVIL COVER SHEET. (slg) (Entered: 11/21/2022)

Nov. 21, 2022

Nov. 21, 2022

RECAP
3

Plaintiff's MOTION to Proceed Under Pseudonyms by JANE DOE, JOHN DOE (Attachments: # 1 Declaration of Jane Doe)(slg) (Entered: 11/21/2022)

1 Declaration of Jane Doe

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Nov. 21, 2022

Nov. 21, 2022

RECAP
4

Summons Issued as to LLOYD J AUSTIN, III, TRICARE HEALTH PLAN, US DEFENSE HEALTH AGENCY, US DEPARTMENT OF DEFENSE. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). Main Document: Summons Lloyd J Austin, III (Attachments: # 1 Summons US Dept of Defense, # 2 Summons US Defense Health Agency, # 3 Summons Tricare Health Plan)(slg) (Entered: 11/21/2022)

1 Summons US Dept of Defense

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2 Summons US Defense Health Agency

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3 Summons Tricare Health Plan

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Nov. 21, 2022

Nov. 21, 2022

RECAP

Filing Fee Paid via Credit Card ( Filing fee $ 402 receipt number AMEDC-2728235.), filed by JANE DOE, JOHN DOE.(DOWLING, ETHAN)

Nov. 22, 2022

Nov. 22, 2022

PACER
5

AMENDED COMPLAINT against LLOYD J AUSTIN, III, TRICARE HEALTH PLAN, US DEFENSE HEALTH AGENCY, US DEPARTMENT OF DEFENSE, filed by JANE DOE, SUSAN ROE. (Service of Process Deadline 4/27/2023)(DOWLING, ETHAN) (Entered: 01/27/2023)

Jan. 27, 2023

Jan. 27, 2023

RECAP
6

Amended MOTION for Leave to File Complaint under Pseudonyms by JANE DOE, SUSAN ROE Responses due by 2/17/2023. (Attachments: # 1 Declaration of Jane Doe in Support of Motion, # 2 Declaration of Susan Roe in Support of Motion, # 3 Text of Proposed Order)(DOWLING, ETHAN) (Entered: 01/27/2023)

1 Declaration of Jane Doe in Support of Motion

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2 Declaration of Susan Roe in Support of Motion

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3 Text of Proposed Order

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Jan. 27, 2023

Jan. 27, 2023

RECAP
7

Summons Issued as to LLOYD J AUSTIN, III, TRICARE HEALTH PLAN, US DEFENSE HEALTH AGENCY. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). Main Attachment: Summons Lloyd J. Austin, III(Attachments: # 1 Summons US Defense Health Agency, # 2 Summons Tricare Health Plan)(slg) (Entered: 01/27/2023)

1 Summons US Defense Health Agency

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2 Summons Tricare Health Plan

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Jan. 27, 2023

Jan. 27, 2023

RECAP
8

Summons Issued as to US DEPARTMENT OF DEFENSE. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (slg) (Entered: 02/03/2023)

Feb. 3, 2023

Feb. 3, 2023

RECAP
9

CERTIFICATION for Admission Pro Hac Vice of Shane McCammon, Seth Harrington, Brittany Roehrs filed by ETHAN JOHN DOWLING on behalf of JANE DOE, SUSAN ROE (Total admission fee $ 300 receipt number AMEDC-2765945.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (Attachments: # 1 Pro Hac Vice Certificate of Seth Harrington, # 2 Pro Hac Vice Certificate of Brittany Roehrs)(DOWLING, ETHAN) (Entered: 02/24/2023)

1 Pro Hac Vice Certificate of Seth Harrington

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2 Pro Hac Vice Certificate of Brittany Roehrs

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Feb. 24, 2023

Feb. 24, 2023

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10

CERTIFICATION for Admission Pro Hac Vice of Matthew Moses, Bennett Klein filed by ETHAN JOHN DOWLING on behalf of JANE DOE, SUSAN ROE (Total admission fee $ 200 receipt number AMEDC-2765949.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (Attachments: # 1 Pro Hac Vice Certificate of Bennett Klein)(DOWLING, ETHAN) (Entered: 02/24/2023)

1 Pro Hac Vice Certificate of Bennett Klein

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Feb. 24, 2023

Feb. 24, 2023

RECAP

Set Deadlines: Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorneys SHANE MCCAMMON, SETH HARRINGTON, MATTHEW MOSES, BRITTANY ROEHRS, BENNETT H. KLEIN must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 3/6/2023. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (slg)

Feb. 27, 2023

Feb. 27, 2023

PACER

Reset Deadlines: Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorneys SHANE MCCAMMON, SETH HARRINGTON, MATTHEW MOSES, BRITTANY ROEHRS, must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 3/14/2023. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (slg) Modified on 3/7/2023 to remove Attorney Klein as he has registered (slg).

March 7, 2023

March 7, 2023

PACER
11

NOTICE of Appearance by CLIFFORD LEE REEVES, II on behalf of All Defendants (REEVES, CLIFFORD) (Entered: 03/31/2023)

March 31, 2023

March 31, 2023

RECAP

Order on Motion for Extension of Time to Answer

March 31, 2023

March 31, 2023

PACER
12

Unopposed MOTION to Extend Time to File Answer re 5 Amended Complaint by LLOYD J AUSTIN, III, TRICARE HEALTH PLAN, US DEFENSE HEALTH AGENCY, US DEPARTMENT OF DEFENSE Responses due by 4/21/2023. (REEVES, CLIFFORD) (Entered: 03/31/2023)

March 31, 2023

March 31, 2023

RECAP
13

ORDER granting 12 Unopposed Motion for Extension of Time to Answer. The deadline to file a response to the amended complaint is extended to May 8, 2023. By JUDGE NANCY TORRESEN. (RGK) (Entered: 03/31/2023)

March 31, 2023

March 31, 2023

PACER

Reset Answer Deadline for LLOYD J AUSTIN, III, TRICARE HEALTH PLAN, US DEFENSE HEALTH AGENCY, US DEPARTMENT OF DEFENSE per Order #13: Answer due by 5/8/2023. (slg)

March 31, 2023

March 31, 2023

PACER

Reset Deadlines as to 6 Amended MOTION for Leave to File Complaint under Pseudonyms per Judge Nivison: Responses due by 5/8/2023. (slg)

March 31, 2023

March 31, 2023

PACER
14

Unopposed MOTION to Extend Time to File Answer re 5 Amended Complaint by LLOYD J AUSTIN, III, TRICARE HEALTH PLAN, US DEFENSE HEALTH AGENCY, US DEPARTMENT OF DEFENSE Responses due by 5/30/2023. (REEVES, CLIFFORD) (Entered: 05/06/2023)

May 6, 2023

May 6, 2023

RECAP
15

ORDER granting 14 Motion to Extend Time to File Response to Complaint. Time is extended to June 8, 2023. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 05/08/2023)

May 8, 2023

May 8, 2023

PACER

Order on Motion for Extension of Time to Answer

May 8, 2023

May 8, 2023

PACER

Reset Answer Deadline for LLOYD J AUSTIN, III, TRICARE HEALTH PLAN, US DEFENSE HEALTH AGENCY, US DEPARTMENT OF DEFENSE per Order #15: Answer due by 6/8/2023. (slg)

May 8, 2023

May 8, 2023

PACER
16

ORDER granting 6 Amended Motion for Leave to File Complaint Under Pseudonyms. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 05/19/2023)

May 19, 2023

May 19, 2023

RECAP
17

MOTION by Attorney Brittany Roehrs to Withdraw as Attorney by JANE DOE, SUSAN ROE Responses due by 6/16/2023. (ROEHRS, BRITTANY) (Entered: 05/26/2023)

May 26, 2023

May 26, 2023

RECAP
18

ORDER granting 17 Motion by Brittany Roehrs to Withdraw as Attorney. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

PACER

Order on Motion to Withdraw as Attorney

May 30, 2023

May 30, 2023

PACER
19

ANSWER to 5 Amended Complaint by LLOYD J AUSTIN, III, TRICARE HEALTH PLAN, US DEFENSE HEALTH AGENCY, US DEPARTMENT OF DEFENSE.(REEVES, CLIFFORD) (Entered: 06/08/2023)

June 8, 2023

June 8, 2023

RECAP
20

SCHEDULING ORDER: Discovery due by 10/27/2023. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 11/3/2023. Motions due by 11/17/2023. Ready for Trial on 2/5/2024. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 06/09/2023)

June 9, 2023

June 9, 2023

RECAP
21

Joint Motion to Amend 20 Scheduling Order, filed by LLOYD J AUSTIN, III, TRICARE HEALTH PLAN, US DEFENSE HEALTH AGENCY, US DEPARTMENT OF DEFENSE. Responses due by 7/17/2023. (REEVES, CLIFFORD) Modified on 6/26/2023 to change document type to motion (jwr). (Entered: 06/26/2023)

June 26, 2023

June 26, 2023

RECAP
22

ORDER granting 21 Motion to Amend Scheduling Order. The parties are not required to serve initial disclosures. On or before November 3, 2023, in accordance with District of Maine Local Rule 26, the parties may either file a notice of intent to file a motion for summary judgment and request a pre-filing conference or file a joint motion setting forth a proposed summary judgment briefing schedule. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

PACER

Order on Motion to Amend Scheduling Order

June 27, 2023

June 27, 2023

PACER
23

NOTICE of Appearance by KAYLA GRANT on behalf of JANE DOE, SUSAN ROE (GRANT, KAYLA) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

RECAP
24

MOTION by Attorney Ethan Dowling to Withdraw as Attorney by JANE DOE, SUSAN ROE Responses due by 8/21/2023. (GRANT, KAYLA) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

RECAP
25

MOTION by Attorney Matthew Moses to Withdraw as Attorney by JANE DOE, SUSAN ROE Responses due by 8/21/2023. (MOSES, MATTHEW) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

RECAP
26

ORDER granting 25 Motion by Attorney Matthew Moses to Withdraw as Attorney. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 08/01/2023)

Aug. 1, 2023

Aug. 1, 2023

PACER

Order on Motion to Withdraw as Attorney

Aug. 1, 2023

Aug. 1, 2023

PACER
27

ORDER granting 24 Motion by Attorney Ethan Dowling to Withdraw as Attorney. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 08/01/2023)

Aug. 1, 2023

Aug. 1, 2023

PACER
28

Joint MOTION for Order Setting Summary Judgment Briefing Schedule by JANE DOE, SUSAN ROE Responses due by 11/13/2023. (KLEIN, BENNETT) (Entered: 10/23/2023)

Oct. 23, 2023

Oct. 23, 2023

RECAP
29

ORDER granting 28 Joint MOTION for Order Setting Summary Judgment Briefing Schedule. By JUDGE NANCY TORRESEN. (slg) (Entered: 10/26/2023)

Oct. 26, 2023

Oct. 26, 2023

RECAP

Set Deadlines per Order #29: Stipulated Record due by 12/22/2023. Motions for Summary Judgment due by 12/22/2023. (slg)

Oct. 26, 2023

Oct. 26, 2023

PACER
30

NOTICE of Appearance by EMILY B. NESTLER on behalf of All Defendants (NESTLER, EMILY) (Entered: 11/02/2023)

Nov. 2, 2023

Nov. 2, 2023

RECAP
31

JOINT Proposed Discovery and Motion Filing Plan for Summary Judgment briefing pursuant to Local Rule 56(h) by LLOYD J AUSTIN, III, TRICARE HEALTH PLAN, US DEFENSE HEALTH AGENCY, US DEPARTMENT OF DEFENSE. (NESTLER, EMILY) (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

RECAP
32

MOTION to Exceed Page Limits by LLOYD J AUSTIN, III, TRICARE HEALTH PLAN, US DEFENSE HEALTH AGENCY, US DEPARTMENT OF DEFENSE. No PDF attached. See ECF No. 31. (slg) (Entered: 11/06/2023)

Nov. 3, 2023

Nov. 3, 2023

PACER
33

ORDER granting 32 Motion to Exceed Page Limits. The parties' request to exceed the page limit in Local Rule 7(d) is GRANTED. The parties may file motions for summary judgment and supporting memoranda not to exceed 35 pages. By JUDGE NANCY TORRESEN. (slg) (Entered: 11/06/2023)

Nov. 6, 2023

Nov. 6, 2023

PACER

Order on Motion for Miscellaneous Relief 1

Nov. 6, 2023

Nov. 6, 2023

PACER
34

LOCAL RULE 56(h) RECORD by JANE DOE, SUSAN ROE. (Attachments: # 1 Exhibit The Parties' Stipulation of Facts, # 2 Exhibit Affidavit of Loren S. Schechter, M.D., # 3 Exhibit Affidavit of Randi Ettner, PhD., # 4 Exhibit Affidavit of Jane Doe in Support of Motion for Summary Judgment, # 5 Exhibit Affidavit of Susan Roe in Support of Motion for Summary Judgment)(KLEIN, BENNETT) (Entered: 12/13/2023)

1 Exhibit The Parties' Stipulation of Facts

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2 Exhibit Affidavit of Loren S. Schechter, M.D.

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3 Exhibit Affidavit of Randi Ettner, PhD.

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4 Exhibit Affidavit of Jane Doe in Support of Motion for Summary Judgment

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5 Exhibit Affidavit of Susan Roe in Support of Motion for Summary Judgment

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Dec. 13, 2023

Dec. 13, 2023

RECAP
35

NOTICE of Appearance by ZACHARY SHERWOOD on behalf of All Defendants (SHERWOOD, ZACHARY) (Entered: 12/20/2023)

Dec. 20, 2023

Dec. 20, 2023

RECAP
36

MOTION for Summary Judgment and Incorporated Memorandum of Law by JANE DOE, SUSAN ROE Responses due by 1/11/2024. (KLEIN, BENNETT) (Entered: 12/21/2023)

Dec. 21, 2023

Dec. 21, 2023

RECAP
37

STATEMENT OF FACT in Support of Motion for Summary Judgment by JANE DOE, SUSAN ROE. (KLEIN, BENNETT) (Entered: 12/21/2023)

Dec. 21, 2023

Dec. 21, 2023

RECAP
38

STIPULATION of Voluntary Dismissal with Prejudice of Only Counts II and III of Amended Complaint and Withdrawal of Damages Claim by JANE DOE, SUSAN ROE. (KLEIN, BENNETT) (Entered: 12/21/2023)

Dec. 21, 2023

Dec. 21, 2023

RECAP

Reset Deadlines as to 36 MOTION for Summary Judgment and Incorporated Memorandum of Law per Order #29: Defendants' Responses and Cross Motions due by 1/26/2024. (slg)

Dec. 21, 2023

Dec. 21, 2023

PACER
39

MOTION by Attorney Seth Harrington to Withdraw as Attorney by JANE DOE, JOHN DOE, SUSAN ROE Responses due by 1/30/2024. (MCCAMMON, SHANE) (Entered: 01/09/2024)

Jan. 9, 2024

Jan. 9, 2024

RECAP
40

ORDER granting 39 Motion to Withdraw as Attorney. Attorney Seth Harrington is withdrawn as counsel. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 01/10/2024)

Jan. 10, 2024

Jan. 10, 2024

PACER

Order on Motion to Withdraw as Attorney

Jan. 10, 2024

Jan. 10, 2024

PACER
41

CERTIFICATION for Admission Pro Hac Vice of Robert Shwarts filed by KAYLA GRANT on behalf of JANE DOE, SUSAN ROE (Total admission fee $ 100 receipt number AMEDC-2898931.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (GRANT, KAYLA) (Entered: 01/10/2024)

Jan. 10, 2024

Jan. 10, 2024

RECAP
42

Joint MOTION to Amend Procedural Order Setting Summary Judgment Briefing Schedule by LLOYD J AUSTIN, III, TRICARE HEALTH PLAN, US DEFENSE HEALTH AGENCY, US DEPARTMENT OF DEFENSE Responses due by 2/9/2024. (SHERWOOD, ZACHARY) (Entered: 01/19/2024)

Jan. 19, 2024

Jan. 19, 2024

RECAP
43

ORDER granting 42 Motion to Amend Procedural Order. Deadline for Defendants to file opposition to motion for summary judgment and to file cross-motion for summary judgment is extended to February 16, 2024; deadline for Plaintiffs to file opposition to cross-motion for summary judgment and to file reply in support of motion for summary judgment is extended to March 15, 2024; deadline for Defendants to file reply in support of cross-motion for summary judgment is extended to April 5, 2024. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 01/22/2024)

Jan. 22, 2024

Jan. 22, 2024

PACER

Order on Motion to Amend Procedural Order

Jan. 22, 2024

Jan. 22, 2024

PACER

Reset Deadlines as to 36 MOTION for Summary Judgment per Order #43: Defendant's opposition to motion for summary judgment and cross-motion for summary judgment due by 2/16/2024. Plaintiff's opposition to cross-motion and reply to motion for summary judgment due by 3/15/2024. Defendant's reply to cross-motion for summary judgment due by 4/5/2024 (slg)

Jan. 22, 2024

Jan. 22, 2024

PACER
44

RESPONSE in Opposition re 36 MOTION for Summary Judgment filed by LLOYD J AUSTIN, III, TRICARE HEALTH PLAN, US DEFENSE HEALTH AGENCY, US DEPARTMENT OF DEFENSE. Reply due by 3/1/2024. (SHERWOOD, ZACHARY) (Entered: 02/16/2024)

Feb. 16, 2024

Feb. 16, 2024

RECAP
45

RESPONSE to Statement of Fact of Plaintiffs Jane Doe and Susan Roe with Statement of Additional Facts in support of Cross-Motion for Summary Judgment filed by LLOYD J AUSTIN, III, TRICARE HEALTH PLAN, US DEFENSE HEALTH AGENCY, US DEPARTMENT OF DEFENSE. (SHERWOOD, ZACHARY) Modified on 2/16/2024 to clarify text (cjd). (Entered: 02/16/2024)

Feb. 16, 2024

Feb. 16, 2024

RECAP
46

CROSS MOTION for Summary Judgment by LLOYD J AUSTIN, III, TRICARE HEALTH PLAN, US DEFENSE HEALTH AGENCY, US DEPARTMENT OF DEFENSE Responses due by 3/15/2024. See ECF No. 44 for Motion.(cjd) (Entered: 02/16/2024)

Feb. 16, 2024

Feb. 16, 2024

PACER

Reset Deadlines as to 36 MOTION for Summary Judgment Per Order 43: Reply due by 4/5/2024. (cjd)

Feb. 16, 2024

Feb. 16, 2024

PACER

Corrected Deadlines as to 36 MOTION for Summary Judgment per Order 43: Reply due by 3/15/2024. (cjd)

Feb. 16, 2024

Feb. 16, 2024

PACER
47

NOTICE of Change of Address by KAYLA GRANT (GRANT, KAYLA) (Entered: 02/27/2024)

Feb. 27, 2024

Feb. 27, 2024

RECAP
48

SUPPLEMENTAL LOCAL RULE 56(h) RECORD by JANE DOE, SUSAN ROE. (Attachments: # 1 Exhibit Supplemental Affidavit of Randi Ettner, Ph.D.)(KLEIN, BENNETT) Modified on 3/13/2024 to add "supplemental" to docket text (slg). (Entered: 03/12/2024)

1 Exhibit Supplemental Affidavit of Randi Ettner, Ph.D.

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March 12, 2024

March 12, 2024

RECAP
49

RESPONSE in Opposition re 46 CROSS MOTION for Summary Judgment and REPLY to Response to Motion re 36 MOTION for Summary Judgment filed by JANE DOE, SUSAN ROE. Reply due by 3/29/2024. (KLEIN, BENNETT) Modified on 3/15/2024 to add clarifying text (slg). (Entered: 03/15/2024)

March 15, 2024

March 15, 2024

RECAP
50

REPLY TO ADDITIONAL Statement of Fact in Support of Plaintiffs' Opposition to Defendants' Cross-Motion for Summary Judgment filed by JANE DOE, SUSAN ROE. (KLEIN, BENNETT) (Entered: 03/15/2024)

March 15, 2024

March 15, 2024

RECAP

Reset Deadlines as to 46 CROSS MOTION for Summary Judgment: Reply due by 4/5/2024. (slg)

March 15, 2024

March 15, 2024

PACER
51

Unopposed MOTION for Leave to File Reply in Excess of Page Limitations by LLOYD J AUSTIN, III, TRICARE HEALTH PLAN, US DEFENSE HEALTH AGENCY, US DEPARTMENT OF DEFENSE Responses due by 4/17/2024. (SHERWOOD, ZACHARY) (Entered: 03/27/2024)

March 27, 2024

March 27, 2024

RECAP

Order on Motion for Leave to File

March 27, 2024

March 27, 2024

PACER
52

ORDER granting 51 Motion for Leave to File Reply in Excess of Page Limitation. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 03/27/2024)

March 27, 2024

March 27, 2024

PACER
53

REPLY to Response to Motion re 46 CROSS MOTION for Summary Judgment filed by LLOYD J AUSTIN, III, TRICARE HEALTH PLAN, US DEFENSE HEALTH AGENCY, US DEPARTMENT OF DEFENSE. (SHERWOOD, ZACHARY) (Entered: 04/05/2024)

April 5, 2024

April 5, 2024

RECAP
54

REPLY TO ADDITIONAL Statement of Fact filed by LLOYD J AUSTIN, III, TRICARE HEALTH PLAN, US DEFENSE HEALTH AGENCY, US DEPARTMENT OF DEFENSE. (SHERWOOD, ZACHARY) (Entered: 04/05/2024)

April 5, 2024

April 5, 2024

RECAP
55

RESPONSE to Request to Strike Per LR 56(e) filed by JANE DOE, SUSAN ROE. (KLEIN, BENNETT) (Entered: 04/16/2024)

April 16, 2024

April 16, 2024

RECAP
56

NOTICE/CORRESPONDENCE Re: Supplemental Authority by JANE DOE, SUSAN ROE (KLEIN, BENNETT) (Entered: 05/24/2024)

May 24, 2024

May 24, 2024

RECAP
57

ORDER ON DEFENDANTS' REQUESTS TO STRIKE AND OTHER OBJECTIONS By JUDGE NANCY TORRESEN. (mlm) (Entered: 11/01/2024)

Nov. 1, 2024

Nov. 1, 2024

RECAP
58

ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT granting in part and denying in part 36 Motion for Summary Judgment; granting in part and denying in part 46 Cross Motion for Summary Judgment. By JUDGE NANCY TORRESEN. (mlm) (Entered: 11/01/2024)

Nov. 1, 2024

Nov. 1, 2024

Clearinghouse

Set Deadlines: Parties are to meet and confer and inform the Court by 11/15/2024 whether injunctive relief is necessary and, if so, provide a proposed injunction. (mlm)

Nov. 1, 2024

Nov. 1, 2024

PACER
59

STATUS REPORT and Joint Response to Court Order by LLOYD J AUSTIN, III, TRICARE HEALTH PLAN, US DEFENSE HEALTH AGENCY, US DEPARTMENT OF DEFENSE. (SHERWOOD, ZACHARY) (Entered: 11/15/2024)

Nov. 15, 2024

Nov. 15, 2024

RECAP

Set Deadlines: Joint Status Report re status of settlement due by 12/16/2024. (slg)

Nov. 26, 2024

Nov. 26, 2024

PACER
60

MOTION to Intervene by U.S. HOUSE OF REPRESENTATIVES Responses due by 1/3/2025. (Attachments: # 1 Intervenor-Defendant's Proposed Answer)(BERRY, MATTHEW) (Entered: 12/13/2024)

1 Intervenor-Defendant's Proposed Answer

View on RECAP

Dec. 13, 2024

Dec. 13, 2024

Clearinghouse
61

NOTICE of Appearance by MATTHEW B. BERRY on behalf of U.S. HOUSE OF REPRESENTATIVES (BERRY, MATTHEW) (Entered: 12/13/2024)

Dec. 13, 2024

Dec. 13, 2024

RECAP
62

NOTICE of Appearance by TODD B. TATELMAN on behalf of U.S. HOUSE OF REPRESENTATIVES (TATELMAN, TODD) (Entered: 12/13/2024)

Dec. 13, 2024

Dec. 13, 2024

RECAP
63

NOTICE of Appearance by BRADLEY CRAIGMYLE on behalf of U.S. HOUSE OF REPRESENTATIVES (CRAIGMYLE, BRADLEY) (Entered: 12/13/2024)

Dec. 13, 2024

Dec. 13, 2024

RECAP
64

STATUS REPORT (Joint) by LLOYD J AUSTIN, III, US DEPARTMENT OF DEFENSE, US DEFENSE HEALTH AGENCY, TRICARE HEALTH PLAN. (SHERWOOD, ZACHARY) (Entered: 12/16/2024)

Dec. 16, 2024

Dec. 16, 2024

RECAP
65

STIPULATION of Dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) by JANE DOE, SUSAN ROE. (KLEIN, BENNETT) (Entered: 12/20/2024)

Dec. 20, 2024

Dec. 20, 2024

Clearinghouse
66

NOTICE/CORRESPONDENCE Re: Pending Intervention Motion, Which Is Not Moot After Stipulated Dismissal by U.S. HOUSE OF REPRESENTATIVES (BERRY, MATTHEW) (Entered: 12/22/2024)

Dec. 22, 2024

Dec. 22, 2024

Clearinghouse
67

OBJECTION to 66 Notice (Other)/Correspondence of the U.S. House of Representatives filed by JANE DOE, SUSAN ROE. Responses due by 1/13/2025. (KLEIN, BENNETT) (Entered: 12/30/2024)

Dec. 30, 2024

Dec. 30, 2024

Clearinghouse
68

RESPONSE to Motion re 60 MOTION to Intervene filed by LLOYD J AUSTIN, III, US DEPARTMENT OF DEFENSE, US DEFENSE HEALTH AGENCY, TRICARE HEALTH PLAN. Reply due by 1/17/2025. (Attachments: # 1 Exhibit Declaration of Emily B. Nestler)(NESTLER, EMILY) (Entered: 01/03/2025)

1 Exhibit Declaration of Emily B. Nestler

View on RECAP

Jan. 3, 2025

Jan. 3, 2025

RECAP
69

RESPONSE in Opposition re 60 MOTION to Intervene filed by JANE DOE, SUSAN ROE. Reply due by 1/17/2025. (KLEIN, BENNETT) (Entered: 01/03/2025)

Jan. 3, 2025

Jan. 3, 2025

RECAP
70

WITHDRAWAL of : 60 MOTION to Intervene by U.S. HOUSE OF REPRESENTATIVES . (BERRY, MATTHEW) (Entered: 01/08/2025)

Jan. 8, 2025

Jan. 8, 2025

RECAP

Case Details

State / Territory: Maine

Case Type(s):

Healthcare Access and Reproductive Issues

Special Collection(s):

Transgender Healthcare Access Cases

Key Dates

Filing Date: Nov. 21, 2022

Closing Date: Jan. 8, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two transgender women and dependents of military servicemembers who were denied coverage for medically necessary surgical treatments for gender dysphoria within the Military Health System, administered through the Department of Defense entity TRICARE.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

GLAD (GLBTQ Legal Advocates & Defenders)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Defense (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Insurer

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General/Misc.:

Payment for care

Discrimination Area:

Insurance

Discrimination Basis:

Disability (inc. reasonable accommodations)

Gender identity

Affected Sex/Gender(s):

Transgender

LGBTQ+:

LGBTQ+

Medical/Mental Health Care:

Gender-affirming care