KADEL et al v. FOLWELL et al
| North Carolina Middle District Court | |
| Judge: | Loretta C Biggs |
| Referred: | L Patrick Auld |
| Case #: | 1:19-cv-00272 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Mar 11, 2019 |
| Terminated: | Aug 09, 2023 |
| Last checked: Saturday Sep 07, 2019 5:45 AM EDT |
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Defendant
DALE FOLWELL
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Defendant
DEE JONES
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Defendant
NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES
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Defendant
NORTH CAROLINA STATE UNIVERSITY
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Defendant
UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL
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Defendant
UNIVERSITY OF NORTH CAROLINA AT GREENSBORO
OFFICE OF ACCOUNTING SERVICES POB 26173
GREENSBORO, NC 27402 |
Represented By
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Plaintiff
MICHAEL D. BUNTING, JR.
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Plaintiff
C.B.
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Plaintiff
JASON FLECK
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Plaintiff
MAXWELL KADEL
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Plaintiff
JULIA MCKEOWN
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Plaintiff
SAM SILVANIE
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Plaintiff
CONNOR THONEN-FLECK
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GPO
Mar 11 2020
DENIED in their entirety. (Garland, Leah)MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 03/10/2020, that University Defendants' Motion to Dismiss, (ECF No. 30), and State Defendants' Motion to Dismiss, (ECF No. 32), are each |
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GPO
Mar 05 2021
MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 03/05/2021, that the Motion to Amend (Docket Entry 62) is GRANTED. FURTHER ORDERED that Plaintiffs shall file their amended complaint in the form of Exhibit A (Docket Entry 62-1) by March 12, 2021. (Garland, Leah) |
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GPO
Apr 07 2022
MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 4/7/2022; that the Motion for Leave to File Brief of Amici Curiae the American Medical Association and Seven Additional Health Care Organizations in Support of Plaintiffs, (ECF No. 131), is GRANTED. FURTHER that Proposed Amici shall file their amicus brief in the form of ECF No. 131-2 within seven days of entry of this Order. (Sheets, Jamie) |
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GPO
Jun 10 2022
MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 6/10/2022; that DPS's Motion for Summary Judgment, (ECF No. 132), is DENIED. FURTHER that Plan Defendants' Partial Summary Judgment, (ECF No. 136), is GRANTED in part and JUDGMENT IS RESERVED in part, as set out. FURTHER that Plaintiffs' Motion for Summary Judgment, (ECF No. 178), is GRANTED in part, DENIED in part, and JUDGMENT IS RESERVED in part as set out. Defendants are PERMANENTLY ENJOINED from enforcing the Plan's exclusion and are ORDERED to reinstate coverage for "medically necessary services for the treatment of gender dysphoria." The issue of damages is reserved for trial. FURTHER that Plaintiffs' Motion to Seal Exhibits to Plaintiffs' Motion for Summary Judgment, (ECF No. 182), is GRANTED. FURTHER that Plaintiffs' Motion to Exclude Expert Testimony of Dr. Peter Robie, (ECF No. 202), is GRANTED. FURTHER that Plaintiffs' Motion to Exclude Expert Testimony of Dr. Paul W. Hruz, (ECF No. 204), is GRANTED in part and DENIED in part in accordance with this Memorandum Opinion and Order. FURTHER that Plaintiffs' Motion to Exclude Expert Testimony of Dr. Paul R. McHugh, (ECF No. 206), is GRANTED in part and DENIED in part in accordance with this Memorandum Opinion and Order. FURTHER that Plaintiffs' Motion to Exclude Expert Testimony of Dr. Patrick W. Lappert, (ECF No. 208), is GRANTED in part and DENIED in part in accordance with this Memorandum Opinion and Order. FURTHER that Plaintiff's Motion to Seal portions of Dr. Lappert's report, (ECF No. 210), is GRANTED. FURTHER that Plaintiffs' Motion to Exclude Expert Testimony of Stephen B. Levine, M.D., (ECF No. 212), is GRANTED in part and DENIED in part in accordance with this Memorandum Opinion and Order. (Sheets, Jamie) |
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GPO
Aug 10 2022
MEMORANDUM OPINION AND ORDER (CORRECTED VERSION) signed by JUDGE LORETTA C. BIGGS on 8/10/2022; that DPS's Motion for Summary Judgment, (ECF No. 132), is DENIED. FURTHER ORDERED that Plan Defendants' Partial Summary Judgment, (ECF No. 136), is GRANTED in part and JUDGMENT IS RESERVED in part. It is GRANTED as to Plaintiff Caraway's claim arising under Title VII against NCSHP. JUDGMENT IS RESERVED regarding Plaintiffs' claims arising under the ACA pending further Order from this Court. FURTHER ORDERED that Plaintiffs' Motion for Summary Judgment, (ECF No. 178), is GRANTED in part, DENIED in part, and JUDGMENT IS RESERVED in part. It is GRANTED with respect to Plaintiffs' claims arising under the Equal Protection Clause and Plaintiff Caraway's claim arising under Title VII against DPS. Defendants Folwell and Jones, in their official capacities, are PERMANENTLY ENJOINED from enforcing the Plan's exclusion and are ORDERED to reinstate coverage for "medically necessary services for the treatment of gender dysphoria." The motion is DENIED as to Caraway's Title VII claim against NCSHP. JUDGMENT IS RESERVED regarding Plaintiffs' claims arising under the ACA pending further Order from this Court. The issue of damages is reserved for trial. FURTHER ORDERED that Plaintiffs' Motion to Seal Exhibits to Plaintiffs' Motion for Summary Judgment, (ECF No. 182), is GRANTED. FURTHER ORDERED that Plaintiffs' Motion to Exclude Expert Testimony of Dr. Peter Robie, (ECF No. 202), is GRANTED. FURTHER ORDERED that Plaintiffs' Motion to Exclude Expert Testimony of Dr. Paul W. Hruz, (ECF No. 204), is GRANTED in part and DENIED in part in accordance with this Memorandum Opinion and Order. FURTHER ORDERED that Plaintiffs' Motion to Exclude Expert Testimony of Dr. Paul R. McHugh, (ECF No. 206), is GRANTED in part and DENIED in part in accordance with this Memorandum Opinion and Order. FURTHER ORDERED that Plaintiffs' Motion to Exclude Expert Testimony of Dr. Patrick W. Lappert, (ECF No. 208), is GRANTED in part and DENIED in part in accordance with this Memorandum Opinion and Order. FURTHER ORDERED that Plaintiff's Motion to Seal portions of Dr. Lappert's report, (ECF No. 210), is GRANTED. FURTHER ORDERED that Plaintiffs' Motion to Exclude Expert Testimony of Stephen B. Levine, M.D., (ECF No. 212), is GRANTED in part and DENIED in part in accordance with this Memorandum Opinion and Order. (Hicks, Samantha) |
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GPO
Oct 19 2022
MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 10/19/2022; that Defendants' Motion for Stay of Injunction Pending Appeal, (ECF No. 256), is DENIED. (Sheets, Jamie) |
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GPO
Oct 24 2022
MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 10/24/2022; that each party may, but is not required to, provide additional limited briefing on their respective motion related to Plaintiffs' ACA claim in light of DHHS's recent rulemaking. Each party may file a supplemental brief within 14 days of the entry of this Order, which shall not exceed 3,125 words. Further, each party may file a response, if any, within 7 days of the filing of supplemental briefing, likewise, not to exceed 3,125 words. (Sheets, Jamie) |
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GPO
Dec 05 2022
MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 12/5/2022; that Plaintiffs' Motion for Partial Summary Judgment as to Plaintiffs' ACA claims, (ECF No. 178), is GRANTED. The issue of damages, if applicable, is reserved for trial. FURTHER that Defendants' Motion for Partial Summary Judgment as to Plaintiffs' ACA claims, (ECF No. 136), is DENIED. (Sheets, Jamie) |
| 1. | Federal judge allows transgender discrimination lawsuit against North Carolina officials and universities to proceed (jurist.org) |
| Submitted Mon 03/16/2020 | |
| Docket last updated: 10 hours ago |
| Wednesday, July 31, 2024 | ||
| 295 | 295
1
pgs
appeal
Order
Wed 07/31 3:49 PM
SUPREME COURT REMARK petition for writ of certiorari filed. USCA 22-1721 (sh) |
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