Case: Marcum v. Crews

5:25-cv-00238 | U.S. District Court for the Eastern District of Kentucky

Filed Date: July 14, 2025

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research the case further). On July 14, 2025, an incarcerated transgender woman sued to prevent the Kentucky Department of Corrections from denying prisoners access to gender-affirming care under Senate Bill 2. The plaintiff sued on behalf of herself and a class of current and future individuals.

Summary Authors

Sowon Yon (10/26/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70790125/parties/marcum-v-crews/


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Documents in the Clearinghouse

Document
1

5:25-cv-00238

Class Action Complaint for Declaratory and Injunctive Relief

July 14, 2025

July 14, 2025

Complaint
4

5:25-cv-00238

Motion for a Temporary Restraining Order and a Preliminary Injunction

Marcum v. Crews et al.

July 14, 2025

July 14, 2025

Pleading / Motion / Brief
3

5:25-cv-00238

Motion for Certification of a Plaintiff Class Pursuant to Fed. R. Civ. P. 23(b)(2)

July 14, 2025

July 14, 2025

Pleading / Motion / Brief
5

5:25-cv-00238

Memorandum Opinion & Order

Marcum v. Crews et al.

July 16, 2025

July 16, 2025

Order/Opinion

2025 WL 1982802

13

5:25-cv-00238

Memorandum Opinion & Order

Marcum v. Crews et al.

July 18, 2025

July 18, 2025

Order/Opinion
22

5:25-cv-00238

Response in Opposition to Motion for Class Certification

Marcum v. Crews et al.

July 30, 2025

July 30, 2025

Pleading / Motion / Brief
34

5:25-cv-00238

Reply In Support Of Plaintiff’s Motion For A Preliminary Injunction [R. 4]

Marcum v. Crews et al.

Aug. 4, 2025

Aug. 4, 2025

Pleading / Motion / Brief
36

5:25-cv-00238

Reply In Support Of Motion For Certification Of A Plaintiff Class Pursuant To Fed. R. Civ. P. 23(B)(2)

Marcum v. Crews et al.

Aug. 4, 2025

Aug. 4, 2025

Pleading / Motion / Brief
44

5:25-cv-00238

Plaintiff’s Supplemental Brief In Support Of Motions For A Preliminary Injunction [R. 4] And Class Certification [R.3]

Marcum v. Crews et al.

Aug. 11, 2025

Aug. 11, 2025

Pleading / Motion / Brief
59

5:25-cv-00238

Opinion & Order

Marcum v. Crews et al.

Sept. 12, 2025

Sept. 12, 2025

Order/Opinion

2025 WL 2630922

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70790125/marcum-v-crews/

Last updated Nov. 6, 2025, 1:01 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT 3 summons(es) presented referred to PSO. ( Filing fee $405; receipt number AKYEDC-6137497.), filed by Maddilyn Marcum. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Cookie Crews, # 3 Summons Denise Burkett, # 4 Summons Appalachian Regional Healthcare, Inc.)(KMP) (Entered: 07/14/2025)

1 Civil Cover Sheet

View on PACER

2 Summons Cookie Crews

View on PACER

3 Summons Denise Burkett

View on PACER

4 Summons Appalachian Regional Healthcare, Inc.

View on PACER

July 14, 2025

July 14, 2025

Clearinghouse
2

Summons Issued as to Appalachian Regional Healthcare, Inc., Denise Burkett, Cookie Crews and returned to counsel electronically for service. (Attachments: # 1 Summons, # 2 Summons)(KMP) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

3

MOTION to Certify Class by Maddilyn Marcum Motions referred to P SO. (Attachments: # 1 Proposed Order)(Sharp, William) (Entered: 07/14/2025)

1 Proposed Order

View on RECAP

July 14, 2025

July 14, 2025

Clearinghouse
4

MOTION for Temporary Restraining Order and Motion for Preliminary Injunction by Maddilyn Marcum (Attachments: # 1 Exhibit Exh. 1 - Dr. Karasic Declaration-CV, # 2 Exhibit Exh. 2 - Plaintiff Declaration, # 3 Proposed Order)(Sharp, William). Added MOTION for Preliminary Injunction on 7/16/2025 (KMP). (Entered: 07/14/2025)

1 Exhibit Exh. 1 - Dr. Karasic Declaration-CV

View on PACER

2 Exhibit Exh. 2 - Plaintiff Declaration

View on RECAP

3 Proposed Order

View on PACER

July 14, 2025

July 14, 2025

Clearinghouse

Conflict Check run. (KMP)

July 14, 2025

July 14, 2025

***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 4 MOTION for Temporary Restraining Order by Maddilyn Marcum, 3 MOTION to Certify Class by Maddilyn Marcum (KMP)

July 15, 2025

July 15, 2025

5

MEMORANDUM OPINION & ORDER: 1. Ptff's Motion for Temporary Restraining Order 4 is DENIED; 2. TELEPHONIC SCHEDULING CONFERENCE set for 7/17/2025 at 01:30 PM in FRANKFORT before Judge Gregory F. VanTatenhove regarding Ptff's Motion for Preliminary Injunction 4 ; 3. To join the teleconference, parties are DIRECTED to call Microsoft Teams Teleconferencing. Signed by Judge Gregory F. VanTatenhove on 7/15/2025. (KMP) cc: COR,FKFT

July 16, 2025

July 16, 2025

Clearinghouse
6

Summons Returned Executed by Maddilyn Marcum as to Appalachian Regional Healthcare, Inc. served on 7/16/2025, answer due 8/6/2025. (Sharp, William) (Entered: 07/16/2025)

July 16, 2025

July 16, 2025

7

MOTION to Intervene by Commonwealth of Kentucky ex rel. Attorney General Russell Coleman (Attachments: # 1 Proposed Order)(Silletto, Aaron) (Entered: 07/16/2025)

1 Proposed Order

View on PACER

July 16, 2025

July 16, 2025

RECAP
10

AFFIDAVIT of Service for Complaint served on Jerry Sudduth, Justice Programs Supervisor on 07/17/2025, filed by Maddilyn Marcum., Summons Returned Executed by Maddilyn Marcum as to Cookie Crews served on 7/17/2025, answer due 8/7/2025. (Sharp, William) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

8

ORDER re 7 MOTION to Intervene: 1. The Commonwealth of Kentucky is PERMITTED to be present at the scheduling conference regarding Ptff's Motion for Preliminary Injunction; 2. The scheduling conference shall be held telephonically 7/17/2025 at 1:30 p.m. in Frankfort, Ky; 3. To join the teleconference, the parties are DIRECTED to call the Microsoft Teams Teleconferencing. Signed by Judge Gregory F. VanTatenhove on 7/17/2025. (KMP) cc: COR (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

9

STRICKEN FROM DOCKET: INCORRECT DOCUMENT PURSUANT to Notice of Action Striking Document filed on 7/23/2025. (KMP) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 7 MOTION to Intervene by Commonwealth of Kentucky ex rel. Attorney General Russell Coleman (KMP)

July 17, 2025

July 17, 2025

NOTICE FOR ATTORNEY TO UPDATE ADDRESS to Justin D. Clark: It appears the address listed on your filing 7 MOTION to Intervene by Commonwealth of Kentucky ex rel. Attorney General Russell Coleman is different than the address registered with our Court. Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (KMP)

July 17, 2025

July 17, 2025

11

NOTICE by Denise Burkett, Cookie Crews Submitted on Behalf of Defendants in Their Official Capacities (Dunham, Angela) (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

12

MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 7/17/2025 before Judge Gregory F. VanTatenhove: 1. Pending motions 3, 4 and 7 are TAKEN UNDER ADVISEMENT; 2. Defs shall file a Notice into the record NLT noon on 7/18/2025 outlining when Ptff's HRT treatment will be reduced to one-half; 3. An order outlining a briefing schedule is forthcoming. (Court Reporter Sandy Wilder.) (KMP) cc: COR (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

13

MEMORANDUM OPINION & ORDER: 1. The Motion to Intervene 7 is GRANTED; 2. An expedited briefing schedule for the preliminary Injunction is forthcoming; and 3. The Commonwealth may file an answer/otherwise respond to the Ptff's complaint w/in 30 days. Signed by Judge Gregory F. VanTatenhove on 7/18/2025. (KMP) cc: COR (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

Clearinghouse
14

ORDER: 1. The defs SHALL respond to ptff's pending motions NLT 7/30/2025; 2. Ptff SHALL file any replies NLT 8/4/2025; MOTION HEARING set for 8/5/2025 at 01:30 PM in FRANKFORT before Judge Gregory F. VanTatenhove. Signed by Judge Gregory F. VanTatenhove on 7/18/2025. (KMP) cc: COR,FRK (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

RECAP

***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: 11 Notice (KMP)

July 18, 2025

July 18, 2025

NOTICE OF ACTION BY CLERK STRIKING A DOCUMENT FROM THE RECORD re 9 Affidavit of Service was an INCORRECT PDF document (Summons reflected a defendant not matching docket text); Attorney shall re-file the corrected AFFIDAVIT of Service / Summons Executed for Defendant Denise Burkett within seven (7) calendar days. *STC* cc: COR (KMP)

July 23, 2025

July 23, 2025

15

AFFIDAVIT of Service for Complaint served on Jerry Sudduth, Justice Programs Supervisor on 07/17/2025, filed by Maddilyn Marcum., Summons Returned Executed by Maddilyn Marcum (Sharp, William) (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

16

MOTION to Quash by Maddilyn Marcum (Attachments: # 1 Exhibit Exh. 1 - Subpoena Duces Tecum, # 2 Proposed Order)(Sharp, William) (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

17

ORDER the Intervenor Defendant SHALL respond to the Plaintiffs Motion to Quash R. 16 by close of business on Tuesday, July 29th and at that time the matter will be submitted to the Court. Signed by Judge Gregory F. Van Tatenhove on 7/24/25.(MJY)cc: COR (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

18

RESPONSE in Opposition re 16 MOTION to Quash by Maddilyn Marcum filed by Commonwealth of Kentucky ex rel. Attorney General Russell Coleman. (Attachments: # 1 Exhibit 1 - AJS emails w/ WS, # 2 Exhibit 2 - VBM declaration, # 3 Exhibit 3 - NOS subpoena, # 4 Proposed Order)(Silletto, Aaron) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

19

CORRECTED RESPONSE in Opposition re 16 MOTION to Quash by Maddilyn Marcum filed by Commonwealth of Kentucky ex rel. Attorney General Russell Coleman. (Attachments: # 1 Exhibit 1 - AJS emails w/ WS, # 2 Exhibit 2 - VBM declaration, # 3 Exhibit 3 - NOS subpoena, # 4 Proposed Order)(Silletto, Aaron) Modified text on 7/30/2025 (KMP). (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

20

RESPONSE in Opposition re 4 MOTION for Temporary Restraining Order by Maddilyn Marcum MOTION for Preliminary Injunction filed by Commonwealth of Kentucky ex rel. Attorney General Russell Coleman. (Attachments: # 1 Exhibit Expert Report_Michael Laidlaw)(Keiser, Lindsey) (Entered: 07/30/2025)

July 30, 2025

July 30, 2025

21

ORDER: 1. Ptff's Motion 16 is DENIED; 2. The Intervening Defendant may not seek "any" and "all" medical documents as proposed in its discovery requests but SHALL instead tailor these requests to the relevant medical history surrounding Ptff's gender dysphoria; 3. The subpoena is hereby MODIFIED to allow the ACLU to produce the requested documents NLT 8/4/2025; 4. The Defs SHALL have through 8/7/2025 to file any supplemental briefings on the 3 Motion to Certify a Class and 4 Motion for Preliminary Injunction; and 5. The Plaintiff shall have through 8/11/2025 to file a supplemental reply to the Defs' supplemental briefing. Signed by Judge Gregory F. VanTatenhove on 7/30/2025. (KMP) cc: COR (Entered: 07/30/2025)

July 30, 2025

July 30, 2025

22

RESPONSE in Opposition re 3 MOTION to Certify Class by Maddilyn Marcum filed by Appalachian Regional Healthcare, Inc.. (Brannon, Margaret) (Entered: 07/30/2025)

July 30, 2025

July 30, 2025

Clearinghouse
23

MOTION for leave to Seal a Document by Appalachian Regional Healthcare, Inc. (Attachments: # 1 Proposed Order)(Brannon, Margaret) (Entered: 07/30/2025)

July 30, 2025

July 30, 2025

24

RESPONSE in Opposition re 4 MOTION for Temporary Restraining Order by Maddilyn Marcum MOTION for Preliminary Injunction filed by Appalachian Regional Healthcare, Inc.. (Attachments: # 1 Exhibit 1: Telemedicine Services Agreement, # 2 Exhibit 2: Affidavit of Dr. Uy, # 3 Exhibit 3: Affidavit of B. Ferguson, # 4 Exhibit 4: Filed Under Seal)(Brannon, Margaret) (Entered: 07/30/2025)

July 30, 2025

July 30, 2025

25

FRCP 7.1 DISCLOSURE STATEMENT by Appalachian Regional Healthcare, Inc.. (Brannon, Margaret) (Entered: 07/30/2025)

July 30, 2025

July 30, 2025

26

RESPONSE to 4 MOTION for Preliminary Injunction filed by Denise Burkett and Cookie Crews. (Brown, Allison) Modified text on 7/31/2025 (KMP). (Entered: 07/30/2025)

July 30, 2025

July 30, 2025

27

SEALED DOCUMENT Sealed pursuant to MOTION TO SEAL re 23 MOTION for leave to Seal a Document by Appalachian Regional Healthcare, Inc. by Appalachian Regional Healthcare, Inc. (Attachments: # 1 Exhibit 1: Telemedicine Services Agreement, # 2 Exhibit 2: Affidavit of Dr. Uy, # 3 Exhibit 3: Affidavit of B. Ferguson, # 4 Exhibit 4: Medical Record) (Brannon, Margaret) (Entered: 07/30/2025)

July 30, 2025

July 30, 2025

28

MOTION for Leave to File Excess Pages by Commonwealth of Kentucky ex rel. Attorney General Russell Coleman (Attachments: # 1 Proposed Order)(Maddox, Victor) (Entered: 07/30/2025)

July 30, 2025

July 30, 2025

29

RESPONSE in Opposition re 3 MOTION to Certify Class by Maddilyn Marcum filed by Commonwealth of Kentucky ex rel. Attorney General Russell Coleman. (Maddox, Victor) (Entered: 07/30/2025)

July 30, 2025

July 30, 2025

***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 23 MOTION for leave to Seal a Document by Appalachian Regional Healthcare, Inc., 28 MOTION for Leave to File Excess Pages by Commonwealth of Kentucky ex rel. Attorney General Russell Coleman (KMP)

July 31, 2025

July 31, 2025

NOTICE FOR ATTORNEY TO UPDATE ADDRESS to Allison R. Brown: It appears the address listed on your filing 26 Response to Motion is different than the address registered with our Court. Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (KMP)

July 31, 2025

July 31, 2025

30

ORDER: 1. Def's Motion 23 is GRANTED; and 2. The Clerk is DIRECTED to maintain Exhibit 4 UNDER SEAL. Signed by Judge Gregory F. VanTatenhove on 8/1/2025. (KMP) cc: COR (Entered: 08/01/2025)

Aug. 1, 2025

Aug. 1, 2025

31

ORDER: GRANTING 28 Motion for Leave to File Excess Pages. Signed by Judge Gregory F. VanTatenhove on 8/1/2025. (KMP) cc: COR (Entered: 08/01/2025)

Aug. 1, 2025

Aug. 1, 2025

32

Proposed Agreed Order Proposed Agreed Protective Order by Maddilyn Marcum. (Sharp, William) (Entered: 08/01/2025)

Aug. 1, 2025

Aug. 1, 2025

33

NOTICE OF APPEARANCE by Maddilyn Marcum. (Baxter, Bethany) (Entered: 08/04/2025)

Aug. 4, 2025

Aug. 4, 2025

34

REPLY to Response to Motion re 4 MOTION for Temporary Restraining Order by Maddilyn Marcum MOTION for Preliminary Injunction filed by Maddilyn Marcum. (Sharp, William) (Entered: 08/04/2025)

Aug. 4, 2025

Aug. 4, 2025

Clearinghouse
35

ORDER: GRANTING the Motion for Agreed Protective Order 32 re: medical records and PHI. Signed by Judge Gregory F. VanTatenhove on 8/4/2025.(KCF)cc: COR (Entered: 08/04/2025)

Aug. 4, 2025

Aug. 4, 2025

36

REPLY to Response to Motion re 3 MOTION to Certify Class by Maddilyn Marcum filed by Maddilyn Marcum. (Shapiro, Corey) (Entered: 08/04/2025)

Aug. 4, 2025

Aug. 4, 2025

Clearinghouse

***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 32 Proposed Agreed Order Proposed Agreed Protective Order by Maddilyn Marcum (KMP)

Aug. 4, 2025

Aug. 4, 2025

37

MOTION to Dismiss for failure to state a claim by Appalachian Regional Healthcare, Inc. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Burchett, Stephen) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

38

MINUTE ENTRY ORDER FOR MOTION HEARING held on 8/5/2025 before Judge Gregory F. VanTatenhove re 3, 4, 14 : The Court having heard counsel and being otherwise duly and sufficiently advised, hereby ORDERS that the pending motions in this matter SHALL STAND SUBMITTED. An Order outlining the Court's specific rulings is forthcoming. (Court Reporter Sandy Wilder.) Signed by Judge Gregory F. Van Tatenhove. (KMP) cc: COR (Entered: 08/06/2025)

Aug. 5, 2025

Aug. 5, 2025

39

ANSWER to Complaint with Jury Demand by Denise Burkett, Cookie Crews.(Brown, Allison) (Entered: 08/07/2025)

Aug. 7, 2025

Aug. 7, 2025

40

MOTION for leave to Seal a Document by Commonwealth of Kentucky ex rel. Attorney General Russell Coleman (Attachments: # 1 Proposed Order)(Keiser, Lindsey) (Entered: 08/07/2025)

Aug. 7, 2025

Aug. 7, 2025

41

COMMONWEALTH OF KENTUCKYS SUPPLEMENTAL BRIEF re 20, 29 Supplemental Response Brief filed by Commonwealth of Kentucky ex rel. Attorney General Russell Coleman. (Attachments: # 1 Exhibit 1 - DOC Response to Subpoena, # 2 Exhibit 3 - Laidlaw Supplemental Report, # 3 Exhibit 4 - Anderson Study, # 4 Exhibit 5 - Hruz Study, # 5 Exhibit 6 - Haupt Study, # 6 Exhibit 7 - Baker Study)(Keiser, Lindsey) Modified text on 8/8/2025 (KMP). (Entered: 08/07/2025)

Aug. 7, 2025

Aug. 7, 2025

***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 40 MOTION for leave to Seal a Document by Commonwealth of Kentucky ex rel. Attorney General Russell Coleman (KMP)

Aug. 8, 2025

Aug. 8, 2025

42

MOTION for leave to Seal a Document by Maddilyn Marcum (Attachments: # 1 Proposed Order)(Sharp, William) (Entered: 08/11/2025)

Aug. 11, 2025

Aug. 11, 2025

43

SEALED DOCUMENT Sealed pursuant to MOTION TO SEAL re 42 MOTION for leave to Seal a Document by Maddilyn Marcum by Maddilyn Marcum (Sharp, William) (Entered: 08/11/2025)

Aug. 11, 2025

Aug. 11, 2025

44

Plaintiff's Supplemental Brief in Support of Motions for a Preliminary Injunction 4 and Class Certification 3 filed by Maddilyn Marcum. (Attachments: # 1 Exhibit Exh. 1 - Sel. Med. Records (filed under seal))(Sharp, William) Modified text on 8/11/2025 (KMP). (Entered: 08/11/2025)

Aug. 11, 2025

Aug. 11, 2025

Clearinghouse

***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 42 MOTION for leave to Seal a Document by Maddilyn Marcum (KMP)

Aug. 11, 2025

Aug. 11, 2025

45

ORDER: 1. Dft's 40 Motion for leave to Seal Document is GRANTED; 2. Clerk DIRECTED to maintain selected medical records of plt filed by Commonwealth UNDER SEAL. Signed by Judge Gregory F. Van Tatenhove on 8/15/2025. (STC)cc: COR (Entered: 08/15/2025)

Aug. 15, 2025

Aug. 15, 2025

46

SEALED DOCUMENT Sealed pursuant to LEAVE OF COURT re 45 Order on Motion for leave to Seal Document by Commonwealth of Kentucky ex rel. Attorney General Russell Coleman (Keiser, Lindsey) (Entered: 08/15/2025)

Aug. 15, 2025

Aug. 15, 2025

47

ANSWER to Complaint by Commonwealth of Kentucky ex rel. Attorney General Russell Coleman.(Keiser, Lindsey) (Entered: 08/18/2025)

Aug. 18, 2025

Aug. 18, 2025

48

MOTION for Leave to File by Maddilyn Marcum (Attachments: # 1 Exhibit, # 2 Proposed Order)(Sharp, William) (Entered: 08/20/2025)

Aug. 20, 2025

Aug. 20, 2025

49

MOTION for leave to Seal a Document 48 MOTION for Leave to File by Maddilyn Marcum by Maddilyn Marcum (Attachments: # 1 Proposed Order)(Sharp, William) (Entered: 08/20/2025)

Aug. 20, 2025

Aug. 20, 2025

50

SEALED DOCUMENT Sealed pursuant to MOTION TO SEAL re 48 MOTION for Leave to File by Maddilyn Marcum, 49 MOTION for leave to Seal a Document 48 MOTION for Leave to File by Maddilyn Marcum by Maddilyn Marcum by Maddilyn Marcum (Sharp, William) (Entered: 08/20/2025)

Aug. 20, 2025

Aug. 20, 2025

***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 48 MOTION for Leave to File by Maddilyn Marcum, 49 MOTION for leave to Seal a Document 48 MOTION for Leave to File by Maddilyn Marcum by Maddilyn Marcum (KMP)

Aug. 21, 2025

Aug. 21, 2025

51

MOTION for Extension of Time to File Response/Reply as to 37 MOTION to Dismiss for failure to state a claim by Appalachian Regional Healthcare, Inc. by Maddilyn Marcum (Attachments: # 1 Proposed Order)(Baxter, Bethany) (Entered: 08/22/2025)

Aug. 22, 2025

Aug. 22, 2025

52

ORDER: 1. The Plaintiff's Motion 42 is GRANTED; and 2. The Clerk is DIRECTED to maintain Exhibit 1 to Ptff's Supplemental Brief 44 UNDER SEAL. Signed by Judge Gregory F. VanTatenhove on 8/22/2025. (KMP) cc: COR (Entered: 08/22/2025)

Aug. 22, 2025

Aug. 22, 2025

***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 51 MOTION for Extension of Time to File Response/Reply as to 37 MOTION to Dismiss for failure to state a claim by Appalachian Regional Healthcare, Inc. by Maddilyn Marcum (KMP)

Aug. 25, 2025

Aug. 25, 2025

53

TRANSCRIPT REQUEST by Commonwealth of Kentucky ex rel. Attorney General Russell Coleman for proceedings held on 8/5/2025 before Judge Gregory F. Van Tatenhove.. (Silletto, Aaron) (Entered: 08/27/2025)

Aug. 27, 2025

Aug. 27, 2025

NOTICE TO COURT REPORTER to Sandy Wilder of EXPEDITED Transcript Request re 38 Motion Hearing, 53 Transcript Request. cc: Sandy Wilder. (KMP)

Aug. 28, 2025

Aug. 28, 2025

54

TRANSCRIPT of Proceedings: MOTION HEARING held on 08/05/2025 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114. Transcript ordered by: AARON J. SILLETTO. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/26/2025. Redacted Transcript Deadline set for 10/6/2025. Release of Transcript Restriction set for 12/4/2025. (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

55

ORDER: 1. The Motion for Extension 51 is GRANTED; 2. The pltf SHALL file their briefing on or before 9/9/25.Signed by Judge Gregory F. VanTatenhove on 9/5/2025. (KCF)cc: COR (Entered: 09/05/2025)

Sept. 5, 2025

Sept. 5, 2025

56

ORDER: 1. Pltf's Motion for Leave to file a Supplement 48 is GRANTED; 2. Pltf's Motion to Seal the Supplement 49 is GRANTED; 3. The Clerk SHALL maintain the document 48 UNDER SEAL.Signed by Judge Gregory F. VanTatenhove on 9/4/2025. (KCF)cc: COR (Entered: 09/05/2025)

Sept. 5, 2025

Sept. 5, 2025

57

SECOND MOTION for Leave to File by Maddilyn Marcum (Attachments: # 1 Exhibit Exh. 1 - Supplemental Declaration of Plaintiff, # 2 Proposed Order)(Sharp, William) (Entered: 09/08/2025)

Sept. 8, 2025

Sept. 8, 2025

58

RESPONSE to Motion re 37 MOTION to Dismiss for failure to state a claim by Appalachian Regional Healthcare, Inc. filed by Maddilyn Marcum. (Baxter, Bethany) (Entered: 09/09/2025)

Sept. 9, 2025

Sept. 9, 2025

59

OPINION & ORDER: The pltf's motion for preliminary injunction 4 is DENIED. Signed by Judge Gregory F. VanTatenhove on 9/12/2025.(KCF)cc: COR

Sept. 12, 2025

Sept. 12, 2025

Clearinghouse
60

ORDER: The plaintiff's motion for leave to file a supplement 57 is GRANTED.Signed by Judge Gregory F. VanTatenhove on 9/12/2025. (KCF)cc: COR (Entered: 09/12/2025)

Sept. 12, 2025

Sept. 12, 2025

61

NOTICE OF APPEAL as to 59 Memorandum Opinion & Order, Terminate Motions by Maddilyn Marcum. Filing fee $ 605, receipt number AKYEDC-6187960. (Sharp, William) (Entered: 09/17/2025)

Sept. 17, 2025

Sept. 17, 2025

62

MOTION re 61 Notice of Appeal by Maddilyn Marcum Emergency Motion for Injunction Pending Appeal (Attachments: # 1 Proposed Order)(Sharp, William) (Entered: 09/17/2025)

Sept. 17, 2025

Sept. 17, 2025

63

NOTICE by Commonwealth of Kentucky ex rel. Attorney General Russell Coleman re 62 MOTION re 61 Notice of Appeal by Maddilyn Marcum Emergency Motion for Injunction Pending Appeal of Intent to Respond (Keiser, Lindsey) (Entered: 09/18/2025)

Sept. 18, 2025

Sept. 18, 2025

***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 62 MOTION re 61 Notice of Appeal by Maddilyn Marcum Emergency Motion for Injunction Pending Appeal (GLD)

Sept. 18, 2025

Sept. 18, 2025

64

MEMORANDUM OPINION & ORDER 62 MOTION re 61 Notice of Appeal by Maddilyn Marcum Emergency Motion for Injunction Pending Appeal; Accordingly, and the Court being otherwise sufficiently advised, it is hereby ORDERED that the Plaintiff's Emergency Motion for an Injunction Pending Appeal 62 is DENIED. Signed by Judge Gregory F. Van Tatenhove on 9/19/2025. (ADH) cc: COR

Sept. 19, 2025

Sept. 19, 2025

RECAP
65

REPLY to Response to Motion re 37 MOTION to Dismiss for failure to state a claim by Appalachian Regional Healthcare, Inc. filed by Appalachian Regional Healthcare, Inc.. (Attachments: # 1 Exhibit 1: Letter, # 2 Exhibit 2: Email)(Burchett, Stephen) (Entered: 09/19/2025)

Sept. 19, 2025

Sept. 19, 2025

66

USCA Case Number 25-5840 Case Manager Monica for 61 Notice of Appeal filed by Maddilyn Marcum. (STC) (Entered: 09/22/2025)

Sept. 22, 2025

Sept. 22, 2025

***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 37 MOTION to Dismiss for failure to state a claim by Appalachian Regional Healthcare, Inc. (GLD)

Sept. 22, 2025

Sept. 22, 2025

68

REPORT of Rule 26(f) Planning Meeting. (Silletto, Aaron) (Entered: 09/26/2025)

Sept. 26, 2025

Sept. 26, 2025

69

INITIAL DISCLOSURES by Maddilyn Marcum. (Attachments: # 1 Exhibit Plaintiff's Grievance Records)(Sharp, William) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

70

DISCLOSURES by Appalachian Regional Healthcare, Inc..(Burchett, Stephen) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

71

CERTIFICATE OF SERVICE for Notice Intent Serve Subpoena by Maddilyn Marcum.(Baxter, Bethany) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

72

CERTIFICATE OF SERVICE for Notice Intent Serve Subpoena by Maddilyn Marcum.(Baxter, Bethany) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

73

Proposed Agreed Order Proposed Agreed Protective Order by Maddilyn Marcum. (Sharp, William) (Entered: 10/24/2025)

Oct. 24, 2025

Oct. 24, 2025

74

UNOPPOSED MOTION to Dismiss by Maddilyn Marcum Motion to Dismiss Without Prejudice Claims Against ARH (Attachments: # 1 Proposed Order)(Sharp, William) (Entered: 10/27/2025)

Oct. 27, 2025

Oct. 27, 2025

77

MEMORANDUM OPINION & ORDER: 1. The Plaintiff's 74 MOTION to Dismiss Appalachian Regional Healthcare from this action is GRANTED; 2. Plaintiff's claims again Defendant Appalachian Regional Healthcare are DISMISSED without prejudice; 2. Defendant Appalachia Regional Healthcare's 37 MOTION to Dismiss with prejudice is DENIED AS MOOT. Signed by Judge Gregory F. Van Tatenhove on 11/4/2025.(KM)cc: COR

Nov. 5, 2025

Nov. 5, 2025

RECAP

Case Details

State / Territory:

Kentucky

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Jail Conditions

Special Collection(s):

Transgender Healthcare Access Cases

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: July 14, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An inmate at the Kentucky Department of Corrections

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

The commissioner and director of Kentucky Department of Corrections and Appalachian Regional Healthcare (ARH), the healthcare providers at the Department of Corrections, State

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Eastern District of Kentucky 5:25-cv-00238

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Affected Sex/Gender(s):

Female

Transgender

Medical/Mental Health Care:

Gender-affirming care

Medication, administration of