Case: Kloosterman v. Metropolitan Hospital

1:22-cv-00944 | U.S. District Court for the Western District of Michigan

Filed Date: Oct. 11, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging a hospital’s termination of an employee after her refusal to use “biology-obscuring pronouns” and make referrals for gender-transition procedures. On October 11, 2022, a physician assistant filed this lawsuit in the U.S. District Court for the Western District of Michigan in the Southern Division. The plaintiff sued University of Michigan Health-West Hospital (UMHW), its President and Vice President, and other hospital officials, all named in their official and indivi…

This is a case challenging a hospital’s termination of an employee after her refusal to use “biology-obscuring pronouns” and make referrals for gender-transition procedures.

On October 11, 2022, a physician assistant filed this lawsuit in the U.S. District Court for the Western District of Michigan in the Southern Division. The plaintiff sued University of Michigan Health-West Hospital (UMHW), its President and Vice President, and other hospital officials, all named in their official and individual capacities, asserting violations of the First and Fourteenth Amendments, Title VII of the Civil Rights Act, the Michigan Constitution, and the Elliott-Larsen Civil Rights Act. Represented by First Liberty Institute, the plaintiff alleged that UMHW imposed diversity training to compel her to pledge, against her sincerely held religious convictions and medical conscience, that she would use “biology-obscuring pronouns” and make referrals for gender-transition drugs and procedures. She further alleged that UMHW terminated her employment for her religious beliefs about gender identity. The plaintiff sought declaratory and injunctive relief barring the alleged violations, an order reinstating the plaintiff’s position at UMHW, damages, and attorney’s fees. The case was assigned to District Judge Jane M. Beckering.

On January 9, 2023, the individually named defendants filed a motion to dismiss for failure to state a claim and lack of subject matter jurisdiction. They argued that the plaintiff’s claims were barred by the Eleventh Amendment, that the injunctions sought related only to their professional roles and not their personal lives, and that the plaintiff failed to plead with enough specificity. 

That same day, UMHW filed a motion to dismiss for failure to state a claim. It argued that there was no adverse employment action, that the accommodation would have increased UMHW’s risk of legal liability, and that the plaintiff’s claims were barred by the Eleventh Amendment.

On January 19, 2023, the individually named defendants filed an amended motion to dismiss, further clarifying their legal theory for why the plaintiff’s claims against them in their individual capacities were barred by the Eleventh Amendment.

On January 30, 2023, the plaintiff filed an amended complaint, strengthening her factual allegations. On February 1, 2023, the court dismissed the defendants’ motions to dismiss as moot. 

On February 20, 2023, the individually named defendants filed a motion to dismiss for failure to state a claim and lack of subject matter jurisdiction. They reasserted the same arguments outlined in their original motion to dismiss. That same day, UMHW filed a motion to dismiss for failure to state a claim, also reasserting the same arguments outlined in its original motion to dismiss.

On September 20, 2023, the court granted in part and denied in part the defendants’ motions to dismiss, allowing the plaintiff's claims related to free exercise of religion and equal protection to proceed, while dismissing her claims related to freedom of speech and disparate impact under Title VII. Judge Beckering held that the plaintiff's speech was deemed part of her official duties and not protected under the First Amendment. The court also found that the plaintiff pleaded insufficient allegations of a specific employment practice causing a disparate impact on a protected group. However, the court held that the plaintiff sufficiently pleaded the other constitutional violations, which could overcome Eleventh Amendment immunity. 2023 WL 12081259. 

On October 11, 2023, the plaintiff filed a second amended complaint, strengthening her factual allegations.

On November 2, 2023, the defendants moved for summary judgment to compel arbitration under the Federal Arbitration Act (FAA). They argued that the plaintiff’s Physician Assistant Employment Agreement contained a valid and binding arbitration clause. 

On April 5, 2024, the court granted the defendants' motion for summary judgment and dismissed the case. Judge Beckering held that the arbitration clause in the employment agreement was valid and enforceable. The court also found that the plaintiff’s claims of civil rights and constitutional violations fell within the scope of the arbitration agreement. 2024 WL 5680537.

On May 3, 2024, the plaintiff appealed the court’s April 5 order granting the defendants’ motion for summary judgment to the U.S. Court of Appeals for the Sixth Circuit. 

On August 27, 2025, the Sixth Circuit reversed the district court’s decision to compel arbitration and remanded for further proceedings. The court held that UMHW lost its right to arbitrate this dispute under the FAA by seeking to dismiss all of the plaintiff’s claims on the merits, which was conduct inconsistent with the arbitration agreement. 153 F.4th 501.

As of June 25, 2026, the parties have had multiple settlement conferences in the district court, and the case remains ongoing. 

Summary Authors

Alexis Gil (8/18/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/65415653/parties/kloosterman-v-metropolitan-hospital/


Attorney for Plaintiff

Berry, Michael A. (Michigan)

Byron, Roger (Michigan)

Attorney for Defendant

Biondo, Jessica (Michigan)

Expert/Monitor/Master/Other

Allen, Justin A. (Michigan)

Eidsmoe, John Allen (Michigan)

Documents in the Clearinghouse

Documents in this case
1

1:22-cv-00944

Complaint

Oct. 11, 2022

Oct. 11, 2022

Complaint
15

1:22-cv-00944

Brief In Support Of Defendant University Of Michigan Health West’s Motion To Dismiss Plaintiff’s Complaint

Kloosterman v. Metropolitan Hospital et al.

Jan. 9, 2023

Jan. 9, 2023

Pleading / Motion / Brief
17

1:22-cv-00944

Brief In Support Of Defendant University Of Michigan Health West’s Motion To Dismiss Plaintiff’s Complaint

Kloosterman v. Metropolitan Hospital et al.

Jan. 9, 2023

Jan. 9, 2023

Pleading / Motion / Brief
23

1:22-cv-00944

Defendants Pai, Booker, Cole, Pierce And Smith’s Amended Motion To Dismiss

Kloosterman v. Metropolitan Hospital et al.

Jan. 19, 2023

Jan. 19, 2023

Pleading / Motion / Brief
24

1:22-cv-00944

Brief In Support Of Defendants Pai, Booker, Cole, Pierce And Smith’s Amended Motion To Dismiss Plaintiff’s Complaint

Kloosterman v. Metropolitan Hospital et al.

Jan. 19, 2023

Jan. 19, 2023

Pleading / Motion / Brief
30

1:22-cv-00944

First Amended Complaint

Kloosterman v. Metropolitan Hospital et al.

Jan. 30, 2023

Jan. 30, 2023

Complaint
34

1:22-cv-00944

Defendants Pai, Booker, Cole, Pierce And Smith’s Motion To Dismiss Plaintiff’s Corrected First Amended Complaint

Kloosterman v. Metropolitan Hospital et al.

Feb. 20, 2023

Feb. 20, 2023

Pleading / Motion / Brief
35

1:22-cv-00944

Brief In Support Of Defendants Pai, Booker, Cole, Pierce And Smith’s Motion To Dismiss Plaintiff’s Corrected First Amended Complaint

Kloosterman v. Metropolitan Hospital et al.

Feb. 20, 2023

Feb. 20, 2023

Pleading / Motion / Brief
36

1:22-cv-00944

Defendant University Of Michigan Health West’s Motion To Dismiss Plaintiff’s Corrected First Amended Complaint

Kloosterman v. Metropolitan Hospital et al.

Feb. 20, 2023

Feb. 20, 2023

Pleading / Motion / Brief
37

1:22-cv-00944

Brief In Support Of Defendant University Of Michigan Health West’s Motion To Dismiss Plaintiff’s Corrected First Amended Complaint

Kloosterman v. Metropolitan Hospital et al.

Feb. 20, 2023

Feb. 20, 2023

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65415653/kloosterman-v-metropolitan-hospital/

Last updated Oct. 21, 2026, 3:16 p.m.

Docket for: Kloosterman v. Metropolitan Hospital
ECF Number Date Description Link
1 Oct. 11, 2022

COMPLAINT with jury demand against All Defendants filed by Valerie Kloosterman (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 (STRICKEN AND REMOVED) Exhibit A, # 8 (STRICKEN AND REMOVED) Exhibit B, # 9 (STRICKEN AND REMOVED) Exhibit C, # 10 (STRICKEN AND REMOVED) Exhibit D, # 11 Exhibit E, # 12 (STRICKEN AND REMOVED) Exhibit F, # 13 Exhibit G, # 14 (STRICKEN AND REMOVED) Exhibit H, # 15 Exhibit I) (Wierenga, James) Modified text on 10/12/2022 (slk). Modified text on 10/25/2022 per order 6 (jlg) (Entered: 10/11/2022)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Exhibit A

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8 Exhibit B

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9 Exhibit C

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10 Exhibit D

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11 Exhibit E

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12 Exhibit F

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13 Exhibit G

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14 Exhibit H

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15 Exhibit I

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Clearinghouse
Oct. 11, 2022

Filing Fee (Civil Case) - Credit Card Payment

Oct. 11, 2022

FILING FEE PAID re 1 by plaintiff Valerie Kloosterman in the amount of $402, receipt number AMIWDC-6868017 (Wierenga, James)

2 Oct. 12, 2022

NOTICE that this case has been assigned Jane M. Beckering (slk) (Entered: 10/12/2022)

RECAP
3 Oct. 12, 2022

SUMMONS ISSUED as to defendants Rhae-Ann Booker, Marla Cole, Metropolitan Hospital, Rakesh Pai, Thomas Pierce, Catherine Smith (slk) (Entered: 10/12/2022)

RECAP
Oct. 21, 2022

(NON-DOCUMENT) ATTORNEY APPEARANCE of Jordan E. Pratt on behalf of plaintiff Valerie Kloosterman (Pratt, Jordan)

Oct. 21, 2022

(NON-DOCUMENT) ATTORNEY APPEARANCE of Kayla Toney on behalf of plaintiff Valerie Kloosterman (Toney, Kayla)

Oct. 21, 2022

(NON-DOCUMENT) ATTORNEY APPEARANCE of David Jonathan Hacker on behalf of plaintiff Valerie Kloosterman (Hacker, David)

Oct. 21, 2022

Attorney Appearance

4 Oct. 24, 2022

NOTICE re 1 Errata re Complaint Exhibits by plaintiff Valerie Kloosterman (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit F, # 6 Exhibit H) (Toney, Kayla) (Entered: 10/24/2022)

RECAP
5 Oct. 24, 2022

MOTION to amend/correct 1 Complaint Exhibits by plaintiff Valerie Kloosterman; (Attachments: # 1 Exhibit A) (Toney, Kayla) (Entered: 10/24/2022)

1 Exhibit A

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6 Oct. 24, 2022

ORDER granting motion to strike and remove certain exhibits 5 ; the Clerk of Court is directed to strike and remove certain exhibits to the Complaint; signed by District Judge Jane M. Beckering (rmw) (Entered: 10/24/2022)

RECAP
Nov. 3, 2022

(NON-DOCUMENT) ATTORNEY APPEARANCE of Larry R. Jensen on behalf of defendants Rhae-Ann Booker, Marla Cole, Metropolitan Hospital, Rakesh Pai, Thomas Pierce, Catherine Smith (Jensen, Larry)

Nov. 3, 2022

(NON-DOCUMENT) ATTORNEY APPEARANCE of Jonathon A. Rabin on behalf of defendants Rhae-Ann Booker, Marla Cole, Metropolitan Hospital, Rakesh Pai, Thomas Pierce, Catherine Smith (Rabin, Jonathon)

Nov. 3, 2022

Attorney Appearance

Nov. 7, 2022

(NON-DOCUMENT) ATTORNEY APPEARANCE of Jessica Biondo on behalf of defendants Rhae-Ann Booker, Marla Cole, Metropolitan Hospital, Rakesh Pai, Thomas Pierce, Catherine Smith (Biondo, Jessica)

Nov. 7, 2022

Attorney Appearance

7 Nov. 8, 2022

WAIVER OF SERVICE returned executed by Valerie Kloosterman as to Marla Cole waiver sent on 11/8/2022, answer due 1/9/2023 (Pratt, Jordan) (Entered: 11/08/2022)

RECAP
8 Nov. 8, 2022

WAIVER OF SERVICE returned executed by Valerie Kloosterman as to Rakesh Pai waiver sent on 11/8/2022, answer due 1/9/2023 (Pratt, Jordan) (Entered: 11/08/2022)

RECAP
9 Nov. 8, 2022

WAIVER OF SERVICE returned executed by Valerie Kloosterman as to Rhae-Ann Booker waiver sent on 11/8/2022, answer due 1/9/2023 (Pratt, Jordan) (Entered: 11/08/2022)

RECAP
10 Nov. 8, 2022

WAIVER OF SERVICE returned executed by Valerie Kloosterman as to Thomas Pierce waiver sent on 11/8/2022, answer due 1/9/2023 (Pratt, Jordan) (Entered: 11/08/2022)

RECAP
11 Nov. 8, 2022

WAIVER OF SERVICE returned executed by Valerie Kloosterman as to Catherine Smith waiver sent on 11/8/2022, answer due 1/9/2023 (Pratt, Jordan) (Entered: 11/08/2022)

RECAP
12 Nov. 8, 2022

STIPULATION and PROPOSED ORDER by plaintiff Valerie Kloosterman (Attachments: # 1 Exhibit A) (Pratt, Jordan) (Entered: 11/08/2022)

RECAP
13 Nov. 9, 2022

ORDER granting STIPULATION 12 ; Defendant Metropolitan Hospital must file and serve its responsive pleading on or before 1/9/2023; signed by District Judge Jane M. Beckering (rmw) (Entered: 11/09/2022)

RECAP
Nov. 17, 2022

(NON-DOCUMENT) ATTORNEY APPEARANCE of Andrew W. Gould on behalf of plaintiff Valerie Kloosterman (Gould, Andrew)

Nov. 17, 2022

Attorney Appearance

Dec. 8, 2022

(NON-DOCUMENT) ATTORNEY APPEARANCE of Michael Berry on behalf of plaintiff Valerie Kloosterman (Berry, Michael)

Dec. 8, 2022

Attorney Appearance

14 Jan. 9, 2023

MOTION to dismiss for failure to state a claim, MOTION to dismiss for lack of jurisdiction by defendants Rhae-Ann Booker, Marla Cole, Rakesh Pai, Thomas Pierce, Catherine Smith; (Rabin, Jonathon) (Entered: 01/09/2023)

RECAP
15 Jan. 9, 2023

BRIEF in support of MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction 14 filed by Rhae-Ann Booker, Marla Cole, Rakesh Pai, Thomas Pierce, Catherine Smith (Rabin, Jonathon) (Entered: 01/09/2023)

Clearinghouse
16 Jan. 9, 2023

MOTION to dismiss for failure to state a claim, MOTION to dismiss for lack of jurisdiction by defendant Metropolitan Hospital; (Rabin, Jonathon) (Entered: 01/09/2023)

RECAP
17 Jan. 9, 2023

BRIEF in support of MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction 16 filed by Metropolitan Hospital (Attachments: # 1 Exhibit 1- Policy RM-27, # 2 Exhibit 2- Patient Policy Flyer, # 3 Exhibit 3- EEOC Charge) (Rabin, Jonathon) (Entered: 01/09/2023)

Clearinghouse
18 Jan. 13, 2023

PROPOSED ORDER regarding allowing defendants Pai, Booker, Cole, Pierce, and Smith to file amended motion and brief in support of motion to dismiss Plaintiff's Complaint by defendants Rhae-Ann Booker, Marla Cole, Metropolitan Hospital, Rakesh Pai, Thomas Pierce, Catherine Smith (Rabin, Jonathon) Modified text on 1/17/2023 (slk). (Entered: 01/13/2023)

RECAP
19 Jan. 17, 2023

ORDER denying without prejudice stipulated proposed order 18 ; signed by District Judge Jane M. Beckering (rmw) (Entered: 01/17/2023)

RECAP
20 Jan. 17, 2023

CHANGE OF ADDRESS by David Joshua Williams counsel for plaintiff Valerie Kloosterman (Williams, David) (Entered: 01/17/2023)

RECAP
Jan. 17, 2023

Attorney Appearance

Jan. 17, 2023

(NON-DOCUMENT) ATTORNEY APPEARANCE of David Joshua Williams on behalf of plaintiff Valerie Kloosterman (Williams, David)

21 Jan. 18, 2023

PROPOSED ORDER regarding Amended Motion and Brief in Support of Motion to Dismiss by defendants Rhae-Ann Booker, Marla Cole, Rakesh Pai, Thomas Pierce, Catherine Smith (Attachments: # 1 Exhibit A, Amended Motion, # 2 Exhibit B, Amended Brief) (Rabin, Jonathon) (Entered: 01/18/2023)

1 Exhibit A, Amended Motion

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2 Exhibit B, Amended Brief

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RECAP
22 Jan. 19, 2023

ORDER granting to an extent proposed stipulated order 21 ; consistent with the directive in this Order, the Clerk of Court shall accept for filing the proposed amended motion (ECF No. 21-1) and brief (ECF No. 21-2); Plaintiff's responses to motion 16 and the amended motion due not later than 2/16/2023; dismissing as moot motion to dismiss 14 ; signed by District Judge Jane M. Beckering (rmw) (Entered: 01/19/2023)

RECAP
23 Jan. 19, 2023

AMENDED MOTION to dismiss (filed per order 22 ) by defendants Rhae-Ann Booker, Marla Cole, Rakesh Pai, Thomas Pierce, Catherine Smith; (jlg) (Entered: 01/20/2023)

Clearinghouse
24 Jan. 19, 2023

BRIEF in support of AMENDED MOTION to dismiss (filed per order 22 ) 23 filed by Rhae-Ann Booker, Marla Cole, Rakesh Pai, Thomas Pierce, Catherine Smith (jlg) (Entered: 01/20/2023)

Clearinghouse
25 Jan. 20, 2023

ORDER that Defendant Metropolitan Hospital file a corporate disclosure statement within 7 days; signed by District Judge Jane M. Beckering (rmw) (Entered: 01/20/2023)

RECAP
26 Jan. 23, 2023

MOTION to stay discovery by defendants Rhae-Ann Booker, Marla Cole, Metropolitan Hospital, Rakesh Pai, Thomas Pierce, Catherine Smith; (Rabin, Jonathon) (Entered: 01/23/2023)

RECAP
27 Jan. 23, 2023

BRIEF in support of MOTION to stay discovery 26 filed by Rhae-Ann Booker, Marla Cole, Metropolitan Hospital, Rakesh Pai, Thomas Pierce, Catherine Smith (Rabin, Jonathon) (Entered: 01/23/2023)

RECAP
28 Jan. 23, 2023

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to stay discovery 26 filed by Rhae-Ann Booker, Marla Cole, Metropolitan Hospital, Rakesh Pai, Thomas Pierce, Catherine Smith (Rabin, Jonathon) (Entered: 01/23/2023)

RECAP
29 Jan. 27, 2023

CORPORATE DISCLOSURE STATEMENT by Metropolitan Hospital identifying Corporate Parent UM Health, Other Affiliate Board of Regents of the University of Michigan for Metropolitan Hospital (Rabin, Jonathon) (Entered: 01/27/2023)

RECAP
30 Jan. 30, 2023

AMENDED COMPLAINT against All Defendants filed by Valerie Kloosterman (Pratt, Jordan) (Entered: 01/30/2023)

Clearinghouse
Jan. 30, 2023

(NON-DOCUMENT) ATTORNEY APPEARANCE of Courtney Jones on behalf of plaintiff Valerie Kloosterman (Jones, Courtney)

Jan. 30, 2023

Attorney Appearance

31 Jan. 31, 2023

NOTICE to attorney Jordan Pratt regarding recent filing 30 (slk) (Entered: 01/31/2023)

RECAP
32 Jan. 31, 2023

CORRECTED FIRST AMENDED COMPLAINT against All Defendants filed by Valerie Kloosterman (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I) (Pratt, Jordan) Modified text on 2/1/2023 (slk). (Entered: 01/31/2023)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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RECAP
Jan. 31, 2023

Attorney Appearance

Jan. 31, 2023

(NON-DOCUMENT) ATTORNEY APPEARANCE of Roger Byron on behalf of plaintiff Valerie Kloosterman (Byron, Roger)

33 Feb. 1, 2023

ORDER dismissing as moot motions to dismiss 16 and 23 ; dismissing as moot motion to stay 26 ; signed by District Judge Jane M. Beckering (lep) (Entered: 02/01/2023)

RECAP
Feb. 1, 2023

Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Dismiss AND Order on Motion to Stay

34 Feb. 20, 2023

MOTION to dismiss for failure to state a claim, MOTION to dismiss for lack of jurisdiction by defendants Rhae-Ann Booker, Marla Cole, Rakesh Pai, Thomas Pierce, Catherine Smith; (Rabin, Jonathon) (Entered: 02/20/2023)

Clearinghouse
35 Feb. 20, 2023

BRIEF in support of MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction 34 filed by Rhae-Ann Booker, Marla Cole, Rakesh Pai, Thomas Pierce, Catherine Smith (Rabin, Jonathon) (Entered: 02/20/2023)

Clearinghouse
36 Feb. 20, 2023

MOTION to dismiss for failure to state a claim, MOTION to dismiss for lack of jurisdiction by defendant Metropolitan Hospital; (Rabin, Jonathon) (Entered: 02/20/2023)

Clearinghouse
37 Feb. 20, 2023

BRIEF in support of MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction 36 filed by Metropolitan Hospital (Attachments: # 1 Exhibit 1- Policy RM-27, # 2 Exhibit 2- Patient Policy Flyer, # 3 Exhibit 3- EEOC Charge) (Rabin, Jonathon) (Entered: 02/20/2023)

1 Exhibit 1- Policy RM-27

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2 Exhibit 2- Patient Policy Flyer

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3 Exhibit 3- EEOC Charge

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Clearinghouse
38 Feb. 22, 2023

MOTION for protective order by defendants Rhae-Ann Booker, Marla Cole, Metropolitan Hospital, Rakesh Pai, Thomas Pierce, Catherine Smith; (Rabin, Jonathon) (Entered: 02/22/2023)

RECAP
39 Feb. 22, 2023

BRIEF in support of MOTION for protective order 38 filed by Rhae-Ann Booker, Marla Cole, Metropolitan Hospital, Rakesh Pai, Thomas Pierce, Catherine Smith (Attachments: # 1 Exhibit 1 02.20.2023 Email from A. Gould) (Rabin, Jonathon) Modified text on 2/22/2023 (slk). (Entered: 02/22/2023)

1 Exhibit 1 02.20.2023 Email from A. Gould

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RECAP
40 Feb. 22, 2023

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for protective order 38 filed by Rhae-Ann Booker, Marla Cole, Metropolitan Hospital, Rakesh Pai, Thomas Pierce, Catherine Smith (Rabin, Jonathon) (Entered: 02/22/2023)

RECAP
41 March 6, 2023

STIPULATION and PROPOSED ORDER to Extend Briefing Schedule for Defendants' Motions to Dismiss by plaintiff Valerie Kloosterman (Attachments: # 1 Proposed Order Granting Parties' Stipulation to Extend Briefing Schedule for Defendants' Motions to Dismiss) (Williams, David) (Entered: 03/06/2023)

1 Proposed Order Granting Parties' Stipulation to Extend Briefing Schedule fo

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RECAP
42 March 7, 2023

ORDER granting STIPULATION 41 ; Plaintiff's responses to motions 34, 36 due no later than 4/18/2023; Defendants' replies due no later than 5/11/2023; signed by District Judge Jane M. Beckering (rmw) (Entered: 03/07/2023)

RECAP
43 March 9, 2023

ORDER granting motion to stay discovery 38 ; signed by District Judge Jane M. Beckering (rmw) (Entered: 03/09/2023)

RECAP
March 9, 2023

Attorney Appearance

March 9, 2023

(NON-DOCUMENT) ATTORNEY APPEARANCE of Kathryn Elizabeth Jones on behalf of defendants Rhae-Ann Booker, Marla Cole, Metropolitan Hospital, Rakesh Pai, Thomas Pierce, Catherine Smith (Jones, Kathryn)

44 April 5, 2023

STIPULATION and PROPOSED ORDER Regarding extension of briefing schedule for Defendants' motions to dismiss by plaintiff Valerie Kloosterman (Attachments: # 1 Proposed Order Granting Parties Stipulation to Extend Briefing Schedule for Defendants' Motions to Dismiss) (Williams, David) Modified text on 4/6/2023 (slk). (Entered: 04/05/2023)

1 Proposed Order Granting Parties Stipulation to Extend Briefing Schedule for Defe

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45 April 6, 2023

ORDER denying without prejudice STIPULATION 44 ; signed by District Judge Jane M. Beckering (rmw) (Entered: 04/06/2023)

RECAP
46 April 10, 2023

STIPULATION and PROPOSED ORDER regarding Extension of Briefing Schedule for Defendants' Motions to Dismiss by plaintiff Valerie Kloosterman (Attachments: # 1 Proposed Order Granting Amended Stipulation with Good Cause to Extend Briefing Schedule for Defendants' Motions to Dismiss) (Williams, David) (Entered: 04/10/2023)

1 Proposed Order Granting Amended Stipulation with Good Cause to Extend Briefing S

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47 April 11, 2023

ORDER granting STIPULATION 46 ; Plaintiff's responses to motions 34, 36 due no later than 5/9/2023; Defendants' replies due no later than 6/1/2023; signed by District Judge Jane M. Beckering (rmw) (Entered: 04/11/2023)

RECAP
48 April 24, 2023

NOTICE OF WITHDRAWAL of Jordan E. Pratt as counsel by plaintiff Valerie Kloosterman (Wierenga, James) Modified text on 4/24/2023 (slk). (Entered: 04/24/2023)

RECAP
49 May 9, 2023

RESPONSE in opposition to MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction 36 filed by Valerie Kloosterman (Wierenga, James) (Entered: 05/09/2023)

RECAP
50 May 9, 2023

MOTION to amend/correct the Corrected First Amended Complaint by plaintiff Valerie Kloosterman; (Wierenga, James) (Entered: 05/09/2023)

RECAP
51 May 9, 2023

CORRECTED MOTION to amend/correct the Corrected First Amended Complaint by plaintiff Valerie Kloosterman; (Attachments: # 1 Exhibit 1, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I) (Wierenga, James) Modified text on 5/10/2023 - this document replaces 50 (slk). (Entered: 05/09/2023)

1 Exhibit 1

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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RECAP
52 May 9, 2023

BRIEF in support of MOTION to amend/correct the Corrected First Amended Complaint 51 filed by Valerie Kloosterman (Wierenga, James) (Entered: 05/09/2023)

RECAP
53 May 9, 2023

PROPOSED ORDER regarding Plaintiff's Motion for Leave to Amend the Corrected First Amended Complaint by plaintiff Valerie Kloosterman (Wierenga, James) (Entered: 05/09/2023)

RECAP
54 May 9, 2023

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to amend/correct the Corrected First Amended Complaint 51 filed by Valerie Kloosterman (Wierenga, James) (Entered: 05/09/2023)

RECAP
55 May 9, 2023

RESPONSE in opposition to MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction 34 filed by Valerie Kloosterman (Wierenga, James) (Entered: 05/09/2023)

RECAP
56 May 23, 2023

RESPONSE in opposition to MOTION to amend/correct the Corrected First Amended Complaint 51 filed by Rhae-Ann Booker, Marla Cole, Metropolitan Hospital, Rakesh Pai, Thomas Pierce, Catherine Smith (Rabin, Jonathon) (Entered: 05/23/2023)

RECAP
57 May 25, 2023

MOTION for leave to file Reply Brief in support of Motion to amend/correct by plaintiff Valerie Kloosterman; (Attachments: # 1 Proposed Document Reply Brief in support of Motion to amend/correct, # 2 Proposed Order) (Toney, Kayla) (Entered: 05/25/2023)

1 Proposed Document Reply Brief in support of Motion to amend/correct

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2 Proposed Order

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RECAP
58 May 26, 2023

ORDER regarding Motion for leave to file reply 57 and certificate of concurrence; the motion is denied without prejudice to refile; signed by District Judge Jane M. Beckering (rmw) (Entered: 05/26/2023)

RECAP
59 May 26, 2023

MOTION for leave to file Reply Brief in support of Motion to amend/correct by plaintiff Valerie Kloosterman; (Attachments: # 1 Proposed Document Reply Brief in support of Motion to amend/correct, # 2 Proposed Order) (Toney, Kayla) (Entered: 05/26/2023)

1 Proposed Document Reply Brief in support of Motion to amend/correct

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2 Proposed Order

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RECAP
60 May 26, 2023

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for leave to file Reply Brief in support of Motion to amend/correct 59 filed by Valerie Kloosterman (Toney, Kayla) (Entered: 05/26/2023)

RECAP
61 May 26, 2023

RESPONSE in opposition to MOTION for leave to file Reply Brief in support of Motion to amend/correct 59 filed by Rhae-Ann Booker, Marla Cole, Metropolitan Hospital, Rakesh Pai, Thomas Pierce, Catherine Smith (Rabin, Jonathon) (Entered: 05/26/2023)

RECAP
62 May 26, 2023

BRIEF IN SUPPORT OF RESPONSE in opposition to MOTION for leave to file Reply Brief in support of Motion to amend/correct 61 ; regarding document 59 filed by Rhae-Ann Booker, Marla Cole, Metropolitan Hospital, Rakesh Pai, Thomas Pierce, Catherine Smith (Rabin, Jonathon) Modified text on 5/30/2023 (slk). (Entered: 05/26/2023)

RECAP
63 May 31, 2023

NOTICE Of withdrawal of Courtney Jones as counsel by plaintiff Valerie Kloosterman (Williams, David) Modified text on 6/1/2023 (slk). (Entered: 05/31/2023)

RECAP
64 June 1, 2023

REPLY to response to motion 34 to Dismiss filed by Rhae-Ann Booker, Marla Cole, Rakesh Pai, Thomas Pierce, Catherine Smith (Rabin, Jonathon) (Entered: 06/01/2023)

RECAP
65 June 1, 2023

REPLY to response to motion 36 to Dismiss filed by Metropolitan Hospital (Rabin, Jonathon) (Entered: 06/01/2023)

RECAP
66 July 6, 2023

NOTICE of Supplemental Authority for 55, 49, regarding motions 34 and 36 by plaintiff Valerie Kloosterman (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Toney, Kayla) Modified text on 7/6/2023 (slk). (Entered: 07/06/2023)

1 Exhibit A

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2 Exhibit B

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RECAP
67 July 10, 2023

RESPONSE TO 66 Plaintiff's Notice of Supplemental Authority filed by defendants Rhae-Ann Booker, Marla Cole, Metropolitan Hospital, Rakesh Pai, Thomas Pierce, Catherine Smith (Jensen, Larry) (Entered: 07/10/2023)

RECAP
68 Sept. 20, 2023

OPINION AND ORDER granting in part and denying in part motions to dismiss 34 and 36 ; granting in part and denying in part motion to amend/correct 50, corrected by 51 ; Plaintiff shall file a second amended complaint within 21 days; denying as moot motion for leave to file 59 ; signed by District Judge Jane M. Beckering (lep) (Entered: 09/20/2023)

Clearinghouse
69 Oct. 11, 2023

SECOND AMENDED COMPLAINT against All Defendants filed by Valerie Kloosterman (Attachments: # 1 Exhibit A - EEOC Charge, # 2 Exhibit B - Amended Charge, # 3 Exhibit C - Determination and Notice of Rights, # 4 Exhibit D - Employment Agreement, # 5 Exhibit E - Performance Reviews, # 6 Exhibit F - Termination Notice, # 7 Exhibit G - Eml from Amy DeGood, # 8 Exhibit H - Reasons for Termination, # 9 Exhibit I - CMDA Statement on Transgender Identification) (Wierenga, James) (Entered: 10/11/2023)

1 Exhibit A - EEOC Charge

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2 Exhibit B - Amended Charge

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3 Exhibit C - Determination and Notice of Rights

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4 Exhibit D - Employment Agreement

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5 Exhibit E - Performance Reviews

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6 Exhibit F - Termination Notice

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7 Exhibit G - Eml from Amy DeGood

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8 Exhibit H - Reasons for Termination

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9 Exhibit I - CMDA Statement on Transgender Identification

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Clearinghouse
70 Oct. 20, 2023

NOTICE Of Withdrawal As Counsel by plaintiff Valerie Kloosterman (Gould, Andrew) (Entered: 10/20/2023)

RECAP
71 Oct. 25, 2023

ANSWER to Amended Complaint,, 69 with affirmative defenses by Rhae-Ann Booker, Marla Cole, Metropolitan Hospital, Rakesh Pai, Thomas Pierce, Catherine Smith (Rabin, Jonathon) (Entered: 10/25/2023)

RECAP
72 Oct. 27, 2023

ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 11/21/2023 at 10:00 AM by telephone before District Judge Jane M. Beckering; joint status report due by 11/14/2023; signed by District Judge Jane M. Beckering (rmw) (Entered: 10/27/2023)

RECAP
73 Nov. 2, 2023

MOTION for summary judgment to Compel Arbitration by defendants Rhae-Ann Booker, Marla Cole, Metropolitan Hospital, Rakesh Pai, Thomas Pierce, Catherine Smith; (Rabin, Jonathon) (Entered: 11/02/2023)

RECAP
74 Nov. 2, 2023

BRIEF in support of MOTION for summary judgment to Compel Arbitration 73 with certificate of compliance filed by Rhae-Ann Booker, Marla Cole, Metropolitan Hospital, Rakesh Pai, Thomas Pierce, Catherine Smith (Attachments: # 1 Exhibit A) (Rabin, Jonathon) Modified text on 11/3/2023 (mlc) (Entered: 11/02/2023)

1 Exhibit A

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Clearinghouse
75 Nov. 3, 2023

NOTICE adjourning without date 11/21/2023 Rule 16 scheduling conference (rmw) (Entered: 11/03/2023)

Clearinghouse
76 Nov. 30, 2023

RESPONSE in opposition to MOTION for summary judgment to Compel Arbitration 73 filed by Valerie Kloosterman (Attachments: # 1 Affidavit Kloosterman Declaration, # 2 Exhibit A - Employment Agr., # 3 Exhibit B - Amendment #1 to Employment Agr, # 4 Exhibit C - Amendment to Employment Agr, # 5 Exhibit D - Notice of Termination of Agr, # 6 Affidavit Atty Declaration for MSJ, # 7 Exhibit E - Email communications) (Wierenga, James) (Entered: 11/30/2023)

1 Affidavit Kloosterman Declaration

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2 Exhibit A - Employment Agr.

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3 Exhibit B - Amendment #1 to Employment Agr

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4 Exhibit C - Amendment to Employment Agr

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5 Exhibit D - Notice of Termination of Agr

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6 Affidavit Atty Declaration for MSJ

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7 Exhibit E - Email communications

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RECAP

Case Details

State / Territory:

Michigan

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Oct. 11, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is a physician assistant employed at University of Michigan Health-West Hospital who had requested a religious accommodation.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Non-profit or advocacy

Director of Human Resources at University of Michigan Health-West

Diversity, Equity & Inclusion Program Coordinator at University of Michigan Health-West

Nurse Practitioner and Member of the Advanced Practice Providers’ Council at University of Michigan Health-West

President and the Medical Group & Chief Population Health Officer at University of Michigan Health-West

University of Michigan Health-West

Vice President of Diversity, Equity, and Inclusion at University of Michigan Health-West

Defendant Type(s):

Hospital/Health Department

Facility Type(s):

Non-government non-profit

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Free Exercise Clause

Other Dockets:

Western District of Michigan 1:22-cv-00944

U.S. Court of Appeals for the Sixth Circuit 24-01398

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Sought:

Attorneys fees

Damages

Declaratory judgment

Injunction

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination Basis:

Religion discrimination

Affected Religion(s):

Christianity

LGBTQ+:

Transgender: IDs

Transgender

Recommended Citation