Case: Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY) v. U.S. Department of Health and Human Services

1:20-cv-11297 | U.S. District Court for the District of Massachusetts

Filed Date: July 9, 2020

Closed Date: Dec. 6, 2024

Clearinghouse coding complete

Case Summary

This case challenged a regulation promulgated by the U.S. Department of Health and Human Services (HHS) affecting protections against discrimination in healthcare on the basis of sex. In 2010, Congress passed the Affordable Care Act (ACA) to increase the number of Americans with health insurance and to decrease the cost of healthcare. One provision in the law, Section 1557, aimed to protect against various forms of discrimination in healthcare and health insurance, including discrimination on t…

This case challenged a regulation promulgated by the U.S. Department of Health and Human Services (HHS) affecting protections against discrimination in healthcare on the basis of sex.

In 2010, Congress passed the Affordable Care Act (ACA) to increase the number of Americans with health insurance and to decrease the cost of healthcare. One provision in the law, Section 1557, aimed to protect against various forms of discrimination in healthcare and health insurance, including discrimination on the basis of sex. In 2016, HHS issued a regulation to clarify that Section 1557’s prohibition of sex discrimination included discrimination on the basis of pregnancy, false pregnancy, termination of pregnancy, childbirth, sex stereotyping, and gender identity (“2016 Rule”). Then in June 2020, HHS promulgated a regulation (“the Rollback Rule”) to eliminate the 2016 Rule’s definition of sex discrimination and to incorporate religious exemptions. The plaintiffs in this case claimed that the rescission of the broad definition of sex discrimination created by the 2016 Rule would result in harm to transgender individuals.

The Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), joined by other LGBTQ+ support organizations (Campaign for Southern Equality, Equality California, and Transgender Emergency Fund of Massachusetts), two private healthcare facilities providing services to LGBTQ+ people, and a man who experienced sex discrimination based on his transgender status while seeking medical care, brought this lawsuit on July 9, 2020 in the U.S. District Court for the District of Massachusetts against HHS and three of its individual agents (collectively, “HHS”). The plaintiffs sued under the Administrative Procedure Act (APA), seeking declaratory and injunctive relief. The plaintiffs sought to vacate and delay the effective date of the Rollback Rule. In addition, they sought preliminary and permanent injunctions to prevent the Rollback Rule from taking effect. The plaintiffs also requested a declaration that the regulation was unconstitutional under the Fifth Amendment, and sought attorneys’ fees and costs. The case was assigned to Judge Patti B. Saris.

The plaintiffs challenged a number of provisions within the Rollback Rule, which was initially issued for publication three days before the Supreme Court held in Bostock v. Clayton County that the prohibition of discrimination “on the basis of sex” in Title VII prohibited discrimination because of a person’s sexual orientation or transgender status.

Specifically, the plaintiffs alleged that the Rollback Rule violated the APA for four reasons. First, the plaintiffs alleged that the Rollback Rule adopted an interpretation of discrimination on the basis of sex that was contrary to Section 1557 of the ACA, thus constituting agency action not in accordance with law. Second, the plaintiffs argued that the Rollback Rule was arbitrary, capricious, and an abuse of discretion for—among other things—failing to articulate a reasoned basis for replacing the 2016 Rule. Third, they asserted that the Rollback Rule was unlawful under the APA because it was contrary to a constitutional right, alleging that it violated the equal protection component of the Due Process Clause of the Fifth Amendment by discriminating on the basis of sex and exhibiting animus toward people who are transgender. Lastly, the plaintiffs argued that the Rollback Rule adopted an enforcement policy contrary to Section 1557 of the ACA by enforcing the section using a definition of “sex” that discriminated on the basis of transgender status.

On September 18, 2020, the plaintiffs filed an amended complaint, adding two new plaintiffs: NO/AIDS Task Force (d/b/a CrescentCare), a private healthcare facility, and Indigenous Women Rising (IWR), a Native-centered reproductive justice collective. In the amended complaint, the plaintiffs alleged that the Rollback Rule: emboldened discrimination by incorporating Title IX’s religious and abortion exemptions; weakened the enforcement of Section 1557; eliminated the provision of the 2016 Rule that explicitly prohibited association discrimination; eliminated requirements that facilitate access to healthcare for individuals speaking non-English languages (“notice and tagline requirements”); and eliminated protections against gender identity and sexual orientation discrimination in regulations related to Section 1557. The plaintiffs withdrew their request for a preliminary injunction in light of the fact that—after filing the original complaint—two preliminary injunctions had been granted in separate challenges to the Rollback Rule.

The following month, HHS moved to dismiss all of the plaintiffs’ claims for lack of jurisdiction and the plaintiffs’ APA equal protection claim for failure to state a claim. On August 18, 2021, the court ruled on HHS’s motion to dismiss. First, the court granted in part the motion to dismiss for lack of jurisdiction as to the change to the enforcement scheme, the elimination of the prohibition on association discrimination, the elimination of the notice and taglines requirements, and the conforming amendments to related regulations. The court found that the plaintiffs did not adequately allege an injury-in-fact caused by those provisions, and thus, lacked standing to challenge them. However, the court denied in part the motion to dismiss for lack of jurisdiction with respect to the incorporation of Title IX’s abortion exemption, the narrowing of the scope of covered entities, and the elimination of the prohibition on categorical coverage exclusions. 557 F.Supp.3d 224.

First, with respect to the incorporation of Title IX’s abortion exemption, the court found that IWR and CrescentCare had established organizational standing by showing that the abortion exemption would cause patients seeking abortion care to experience or fear discrimination by other healthcare providers, which would contribute to an increased demand for the services of IWR and CrescentCare and thereby cause financial and operational injuries. Second, the court found that the plaintiffs had sufficiently alleged that the language of the Rollback Rule exempted certain insurers from compliance with Section 1557’s prohibition of discrimination and that they would therefore receive fewer insurance reimbursements from insurers. Next, the court found that the plaintiffs plausibly alleged that insurers would deny reimbursement for treatments that were previously covered due to the elimination of the prohibition on categorical coverage exclusions, which would result in higher demand for the plaintiffs’ services and reduced insurance reimbursements. The court then found that each of the provisions was ripe for review. 557 F.Supp.3d 224.

As to the plaintiffs’ challenge to the change in the enforcement scheme, the court found that the plaintiffs had failed to demonstrate why the enforcement scheme was inadequate and had not shown that any diversion of resources to provide assistance to patients would be fairly traceable to the change in the enforcement mechanism. In dismissing the plaintiffs’ association claim, the court found that the plaintiffs had not established any future discrimination that would be sufficiently imminent to qualify as a valid injury-in-fact. Turning to the notice and taglines challenge, the court found that the plaintiffs’ alleged harm (that the elimination of the notice and taglines requirement would cause patients to be less informed about applicable civil rights protections and would impose additional resource burdens on the plaintiff organizations) were premised on speculative actions of third parties insufficient to support standing. Next, the court found the plaintiffs’ claim that the elimination of protections against gender identity and sexual orientation discrimination in related regulations would cut into the plaintiff organizations’ budgets was too vague and speculative to support standing. In light of the injunctions issued by other courts and the Biden Administration’s Executive Order 13988 (establishing that it was the policy of the administration “to prevent and combat discrimination on the basis of gender identity or sexual orientation, and to fully enforce Title VII and other laws that prohibit discrimination on the basis of gender identity or sexual orientation), the court declined to address the definition of “on the basis of sex.” 557 F.Supp.3d 224.

The court next denied HHS’s motion to dismiss for failure to state a claim. The plaintiffs had claimed that the Rollback Rule should be set aside under 5 U.S.C. § 706(2)(B) for violating the equal protection guarantee of the Fifth Amendment’s Due Process Clause, because it discriminated on the basis of sex and was motivated by animus against transgender people and was therefore contrary to constitutional right. Applying intermediate scrutiny and not limiting itself to review of the administrative record, the court first found that the plaintiffs plausibly alleged that the health insurance provisions would result in disparate impact by causing transgender patients to “experience significantly less advantageous third-party reimbursement.” Next, the court found that statements by the Director of the Office for Civil Rights at HHS, along with HHS’s deprioritizing of LGBTQ+ issues in the leadup to issuance of the Rollback Rule, raised “a plausible inference that anti-transgender animus was a motivating factor” in promulgation of the Rollback Rule. 557 F.Supp.3d 224.

On September 15, 2021, HHS moved to remand the challenged provisions to the agency to reconsider the Rollback Rule—particularly in light of President Biden’s EO 13988—and alternatively, moved to stay the case pending the Notice of Proposed Rulemaking. On October 29, 2021, the court denied the motion to remand, noting that, while there is a preference for agencies to rectify their own mistakes, courts consider whether the remand would unduly prejudice the non-moving party. The court balanced the plaintiffs’ showing of risk of economic injury due to reduced reimbursements with the uncertainty that a new final rule would address or resolve the plaintiffs’ claims and found that the risk cautioned against remand. The court did, however, grant the motion to stay the case pending the Notice of Proposed Rulemaking in April 2022.

On June 2, 2022, after a status conference, the court lifted the stay. Shortly thereafter, the court reset the pleading schedule.

On July 28, 2022, HHS again moved to dismiss, arguing that the plaintiffs’ claims were no longer ripe in light of HH’s proposal to revise and replace the challenged provisions. Alternatively, HHS again moved to remand, or alternatively, to stay the proceedings until the conclusion of the agency’s rulemaking. However, on August 24, 2022, HHS withdrew this motion after the parties mutually agreed on a joint motion to stay the proceedings pending new rulemaking. The court granted the motion the following day, and stayed the case until 30 days after a new final rule was published in the Federal Register.

On August 4, 2022, the HHS published a proposed rule implementing Section 1557 of the Affordable Care Act in the Federal Register. The agency periodically filed status reports with the court, noting that it was reviewing over 85,000 public comments submitted on the proposed rule. On December 21, 2023, the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) received HHS’s draft final rule for review.

On March 19, 2024, the plaintiffs moved for summary judgment on three of the four counts in their amended complaint. On April 2, 2024, the states of Massachusetts, California, New York, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia filed an amicus curiae brief supporting the plaintiffs. On April 5, 2024, the court lifted the stay. However, on April 29, 2024, HHS notified the court that a new final rule had been approved. The defendants then moved to stay summary judgment briefing, arguing that the adoption of the new rule might render the case moot. On June 5, 2024, the court granted the motion and stayed briefing pending resolution of the mootness issue, directing the parties to file a joint status report on their positions.

The new Final Rule implementing Section 1557 (the “2024 Rule”) was published in the Federal Register on May 6, 2024. Among its key amendments, § 92.101(a)(2) specified that discrimination “on the basis of sex” includes, but is not limited to, discrimination based on: (i) sex characteristics, including intersex traits; (ii) pregnancy or related conditions; (iii) sexual orientation; (iv) gender identity; and (v) sex stereotypes. The 2024 Rule replaced the 2020 Rule challenged in this case and became effective on July 5, 2024.

After the parties submitted their respective positions on mootness, on December 6, 2024, the court held that the 2024 Rule had mooted the plaintiffs’ claims challenging the 2020 Rule. The court reasoned that when an agency rescinds and replaces a challenged regulation, litigation over the prior rule becomes moot. The plaintiffs contended that parts of the 2020 Rule remained in effect because other courts had preliminarily enjoined portions of the 2024 Rule (such as Tennessee v. Becerra, 739 F. Supp. 3d 467), but the court found that granting relief would effectively require it to revive the 2016 Rule—something beyond its authority—and would conflict with nationwide injunctions issued by other courts. The court also rejected both the voluntary-cessation and “capable of repetition yet evading review” exceptions to mootness, reasoning that speculating about future regulatory changes would contradict the principles of notice-and-comment rulemaking. Accordingly, the court granted HHS’s motion to dismiss on mootness grounds and denied the plaintiffs’ motion for partial summary judgment as moot.

The plaintiffs did not appeal the district court’s decision. Therefore, the case is now closed.

Summary Authors

Nicholas Gillan (9/18/2020)

Saba Khan (5/15/2023)

Augusto Colín (10/19/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17338216/parties/boston-alliance-of-gay-lesbian-bisexual-and-transgender-youth-bagly-v/

Judge(s)

Attorney for Plaintiff

Alekseyeva, Kristina (New York)

Banker, Michelle (District of Columbia)

Bautz, Peter William (New York)

Brown, David (New York)

Caraballo, Alejandra (New York)

Attorney for Defendant

Expert/Monitor/Master/Other

Judge(s)

Saris, Patti B. (Massachusetts)

Attorney for Plaintiff

Alekseyeva, Kristina (New York)

Banker, Michelle (District of Columbia)

Bautz, Peter William (New York)

Brown, David (New York)

Caraballo, Alejandra (New York)

Chandy, Sunu P. (District of Columbia)

Chapman, Eric (District of Columbia)

Costello, Kevin (Massachusetts)

Datla, Kirti (District of Columbia)

Duncan, Sydney (Massachusetts)

Egyes, Lynly (New York)

Ellsworth, Jessica Lynn (District of Columbia)

Golden, Marlan (Massachusetts)

Gorodetsky, Lauren (District of Columbia)

Kettlewell, William H (Massachusetts)

Lewis, Noah (New York)

Mason, Dorianne (District of Columbia)

Medley, Shayna (Massachusetts)

Melchert, Dale (California)

Noonan, Gregory F (Massachusetts)

Osmani, Safa (Massachusetts)

Sagar, Jo-Ann (District of Columbia)

Tanner, Alison Ann (Massachusetts)

Titus, Kenna Rebecca (Massachusetts)

Tomazic, Maryanne I (Massachusetts)

Attorney for Defendant

Holland, Liam (District of Columbia)

Jennings, Taleah E. (Massachusetts)

Other

Chen, Alexander (Massachusetts)

Parr, Kimberly A. (Massachusetts)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:20-cv-11297	Docket	Sept. 11, 2020	Sept. 11, 2020 Docket
1 1:20-cv-11297	Complaint	July 9, 2020	July 9, 2020 Complaint
18 1:20-cv-11297	Amended Complaint	Sept. 18, 2020	Sept. 18, 2020 Complaint
63 1:20-cv-11297	Memorandum and Order	Aug. 18, 2021	Aug. 18, 2021 Order/Opinion 557 F.Supp.3d 224
83 1:20-cv-11297	Memorandum and Order on Motion to Remand	Oct. 29, 2021	Oct. 29, 2021 Order/Opinion
150-1 1:20-cv-11297	Final Rule and Interpretation	April 29, 2024	April 29, 2024 Order/Opinion
185 1:20-cv-11297	Order	Dec. 6, 2024	Dec. 6, 2024 Order/Opinion 2024 WL 5346305

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17338216/boston-alliance-of-gay-lesbian-bisexual-and-transgender-youth-bagly-v/

Last updated Oct. 19, 2025, 10:43 a.m.

ECF Number	Date	Description	Link
1	July 9, 2020	COMPLAINT against Seema Verma, Alex M. Azar, II, United States Department of Health and Human Services, Roger Severino Filing fee: $ 400, receipt number 0101-8322344 (Fee Status: Filing Fee paid), filed by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Darren Lazor, Transgender Emergency Fund of Massachusetts. (Attachments: # 1 Civil Cover Sheet, # 2 Local Civil Category Form, # 3 Summons - William P. Barr, # 4 Summons - Alex M. Azar, II, # 5 Summons - U.S. Attorney for the District of Massachusetts, # 6 Summons - U.S. Department of Health and Human Services, # 7 Summons - Roger Severino, # 8 Summons - Seema Verma)(Kettlewell, William) (Entered: 07/09/2020) 1 Civil Cover Sheet View on RECAP 2 Local Civil Category Form View on RECAP 3 Summons - William P. Barr View on RECAP 4 Summons - Alex M. Azar, II View on RECAP 5 Summons - U.S. Attorney for the District of Massachusetts View on RECAP 6 Summons - U.S. Department of Health and Human Services View on RECAP 7 Summons - Roger Severino View on RECAP 8 Summons - Seema Verma View on RECAP	Clearinghouse
2	July 9, 2020	NOTICE of Appearance by Kevin Costello on behalf of Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Darren Lazor, Transgender Emergency Fund of Massachusetts (Costello, Kevin) (Entered: 07/09/2020)	RECAP
3	July 9, 2020	MOTION for Leave to Appear Pro Hac Vice for admission of Jessica Ellsworth, Kirti Datla, Jo-Ann Tamila Sagar, Erin Chapman, Kristina Alekseyeva, and Peter William Bautz Filing fee: $ 600, receipt number 0101-8322363 by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Darren Lazor, Transgender Emergency Fund of Massachusetts. (Attachments: # 1 Certificate of Jessica Ellsworth, # 2 Certificate of Kirti Datla, # 3 Certificate of Jo-Ann Tamila Sagar,, # 4 Certificate of Erin Chapman, # 5 Certificate of Kristina Alekseyeva, # 6 Certificate of Peter William Bautz)(Kettlewell, William) (Entered: 07/09/2020) 1 Certificate of Jessica Ellsworth View on RECAP 2 Certificate of Kirti Datla View on RECAP 3 Certificate of Jo-Ann Tamila Sagar, View on RECAP 4 Certificate of Erin Chapman View on RECAP 5 Certificate of Kristina Alekseyeva View on RECAP 6 Certificate of Peter William Bautz View on RECAP	RECAP
4	July 9, 2020	MOTION for Leave to Appear Pro Hac Vice for admission of Michelle Banker, Dorianne Mason, Sunu Chandy, Lauren Gorodetsky, Dale Melchert, and Lynly Egyes Filing fee: $ 600, receipt number 0101-8322369 by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Darren Lazor, Transgender Emergency Fund of Massachusetts. (Attachments: # 1 Certificate of Michelle Banker, # 2 Certificate of Dorianne Mason, # 3 Certificate of Sunu Chandy, # 4 Certificate of Lauren Gorodetsky, # 5 Certificate of Dale Melchert, # 6 Certificate of Lynly Egyes)(Kettlewell, William) (Entered: 07/09/2020) 1 Certificate of Michelle Banker View on RECAP 2 Certificate of Dorianne Mason View on RECAP 3 Certificate of Sunu Chandy View on RECAP 4 Certificate of Lauren Gorodetsky View on RECAP 5 Certificate of Dale Melchert View on RECAP 6 Certificate of Lynly Egyes View on RECAP	RECAP
5	July 9, 2020	MOTION for Leave to Appear Pro Hac Vice for admission of David Brown, Noah Lewis, and Alejandra Caraballo Filing fee: $ 300, receipt number 0101-8322371 by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Darren Lazor, Transgender Emergency Fund of Massachusetts. (Attachments: # 1 Certificate of David Brown, # 2 Certificate of Noah Lewis, # 3 Certificate of Alejandra Caraballo)(Kettlewell, William) (Entered: 07/09/2020) 1 Certificate of David Brown View on RECAP 2 Certificate of Noah Lewis View on RECAP 3 Certificate of Alejandra Caraballo View on RECAP	RECAP
6	July 10, 2020	ELECTRONIC NOTICE of Case Assignment. Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) (Entered: 07/10/2020)	RECAP
7	July 10, 2020	Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Halley, Taylor) (Entered: 07/10/2020)	RECAP
8	July 14, 2020	Judge Patti B. Saris: ELECTRONIC ORDER entered granting 3 Motion for Leave to Appear Pro Hac Vice Added Jessica Ellsworth, Kirti Datla, Jo-Ann Tamila Sagar, Erin Chapman, Kristina Alekseyeva, and Peter William Bautz. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Baker, Casey) (Entered: 07/14/2020)	RECAP
9	July 14, 2020	Judge Patti B. Saris: ELECTRONIC ORDER entered granting 4 Motion for Leave to Appear Pro Hac Vice Added Michelle Banker, Dorianne Mason, Sunu Chandy, Lauren Gorodetsky, Dale Melchert, and Lynly Egyes. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Baker, Casey) (Entered: 07/14/2020)	RECAP
10	July 14, 2020	Judge Patti B. Saris: ELECTRONIC ORDER entered granting 5 Motion for Leave to Appear Pro Hac Vice Added David Brown, Noah Lewis, and Alejandra Caraballo. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Baker, Casey) (Entered: 07/14/2020)	RECAP
	July 14, 2020	Order on Motion for Leave to Appear
11	July 16, 2020	SUMMONS Returned Executed as to US Attorney by Fenway Health, Campaign for Southern Equality, Transgender Emergency Fund of Massachusetts, Callen-Lorde Community Health Center, Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Darren Lazor, Equality California. Alex M. Azar, II served on 7/15/2020, answer due 9/14/2020; Roger Severino served on 7/15/2020, answer due 9/14/2020; United States Department of Health and Human Services served on 7/15/2020, answer due 9/14/2020; Seema Verma served on 7/15/2020, answer due 9/14/2020. (Kettlewell, William) (Entered: 07/16/2020)	RECAP
12	July 16, 2020	SUMMONS Returned Executed by Fenway Health, Campaign for Southern Equality, Transgender Emergency Fund of Massachusetts, Callen-Lorde Community Health Center, Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Darren Lazor, Equality California. (Kettlewell, William) (Entered: 07/16/2020)	RECAP
13	Aug. 7, 2020	MOTION for Leave to Appear Pro Hac Vice for admission of Maryanne I. Tomazic Filing fee: $ 100, receipt number 0101-8364842 by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Darren Lazor, Transgender Emergency Fund of Massachusetts. (Attachments: # 1 Certificate of Maryanne I. Tomazic)(Kettlewell, William) (Entered: 08/07/2020) 1 Certificate of Maryanne I. Tomazic View on RECAP	RECAP
14	Aug. 10, 2020	Judge Patti B. Saris: ELECTRONIC ORDER entered granting 13 Motion for Leave to Appear Pro Hac Vice Added Maryanne I. Tomazic. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Baker, Casey) (Entered: 08/10/2020)	RECAP
	Aug. 10, 2020	Order on Motion for Leave to Appear
15	Sept. 10, 2020	NOTICE of Appearance by Liam C. Holland on behalf of Alex M. Azar, II, Roger Severino, United States Department of Health and Human Services, Seema Verma (Holland, Liam) (Entered: 09/10/2020)	RECAP
16	Sept. 10, 2020	MOTION for Extension of Time to 10/14/20 to File Answer by Alex M. Azar, II, Roger Severino, United States Department of Health and Human Services, Seema Verma. (Attachments: # 1 Text of Proposed Order)(Holland, Liam) (Entered: 09/10/2020)	RECAP
17	Sept. 11, 2020	Judge Patti B. Saris: ELECTRONIC ORDER entered granting 16 Motion for Extension of Time to Answer. All defendants answer due on or before October 14, 2020. (Baker, Casey) (Entered: 09/11/2020)	RECAP
	Sept. 11, 2020	Order on Motion for Extension of Time to Answer
18	Sept. 18, 2020	AMENDED COMPLAINT against Seema Verma, Alex M. Azar, II, United States Department of Health and Human Services, Roger Severino, filed by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Darren Lazor, Transgender Emergency Fund of Massachusetts, Indigenous Women Rising, NO/AIDS Task Force.(Kettlewell, William) (Entered: 09/18/2020)	Clearinghouse
19	Oct. 9, 2020	MOTION for Leave to File Excess Pages (Unopposed) and, Consent MOTION for a Briefing Schedule ( Responses due by 10/23/2020) by Alex M. Azar, II, Roger Severino, United States Department of Health and Human Services, Seema Verma.(Holland, Liam) (Entered: 10/09/2020)	RECAP
20	Oct. 13, 2020	Judge Patti B. Saris: ELECTRONIC ORDER entered granting 19 MOTION for Leave to File Excess Pages (Unopposed) and, Consent MOTION for a Briefing Schedule. Motion to Dismiss and Memorandum due 10/14/2020, Opposition due 11/18/2020, and Reply due 12/9/2020. (Baker, Casey) (Entered: 10/13/2020)	RECAP
	Oct. 13, 2020	Order on Motion for Miscellaneous Relief AND Order on Motion for Leave to File Excess Pages
21	Oct. 14, 2020	MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Responses due by 10/28/2020) by Alex M. Azar, II, Roger Severino, United States Department of Health and Human Services, Seema Verma.(Holland, Liam) (Entered: 10/14/2020)	RECAP
22	Oct. 14, 2020	MEMORANDUM in Support re 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Alex M. Azar, II, Roger Severino, United States Department of Health and Human Services, Seema Verma. (Holland, Liam) (Entered: 10/14/2020)	RECAP
23	Oct. 26, 2020	ELECTRONIC NOTICE Setting Scheduling Conference and Hearing on Motion 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing and 16b Scheduling Conference set for 1/26/2021 02:30 PM in Remote Proceeding : Boston before Judge Patti B. Saris. (Baker, Casey) (Entered: 10/26/2020)	RECAP
24	Nov. 9, 2020	MOTION for Leave to Appear Pro Hac Vice for admission of Alexander Chen Filing fee: $ 100, receipt number 0101-8501669 by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Indigenous Women Rising, Darren Lazor, NO/AIDS Task Force, Transgender Emergency Fund of Massachusetts. (Attachments: # 1 Affidavit of Alexander Chen)(Costello, Kevin) (Entered: 11/09/2020)	RECAP
25	Nov. 9, 2020	Judge Patti B. Saris: ELECTRONIC ORDER entered granting 24 Motion for Leave to Appear Pro Hac Vice Added Alexander Chen. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Baker, Casey) (Entered: 11/09/2020)	RECAP
	Nov. 9, 2020	Order on Motion for Leave to Appear
26	Nov. 18, 2020	MOTION for Leave to File Amicus Brief by Harvard Law School LGBTQ+ Advocacy Clinic. (Attachments: # 1 Proposed Amicus Brief)(Chen, Alexander) (Entered: 11/18/2020)	RECAP
27	Nov. 18, 2020	MEMORANDUM in Opposition re 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Indigenous Women Rising, Darren Lazor, NO/AIDS Task Force, Transgender Emergency Fund of Massachusetts. (Attachments: # 1 Exhibit A: Declaration of Jasmine Beach-Ferrara, Executive Director of Campaign for Southern Equality, # 2 Exhibit B: Declaration of Chastity Bowick, Director of the Transgender Emergency Fund of Massachusetts, # 3 Exhibit C: Declaration of Ivy Hill, Community Health Program Director of Campaign for Southern Equality, # 4 Exhibit D: Declaration of Ellen LaPointe, Chief Executive Office of Fenway Health, # 5 Exhibit E: Declaration of Darren Lazor, Member of Equality California, # 6 Exhibit F: Declaration of Rachael Lorenzo, Co-founder of Indigenous Women Rising, # 7 Exhibit G: Declaration of Alice Riener, Chief of Staff of NO/AIDS Task Force, d/b/a CrescentCare, # 8 Exhibit H: Declaration of Galina Mae Smith, Health Programs Manager at the Boston Alliance of Lesbian, Gay, Bisexual, Transgender, Queer Youth, # 9 Exhibit I: Declaration of Wendy Stark, Executive Director of Callen-Lorde Community Health Center, # 10 Exhibit J: Declaration of Grace Sterling Stowell, Executive Director of the Boston Alliance of Lesbian, Gay, Bisexual, Transgender, Queer Youth, # 11 Exhibit K: Declaration of Stephe Thayer Koontz, Member of Campaign for Southern Equality, # 12 Exhibit L: Declaration of Noel Twilbeck, Chief Executive Officer of NO/AIDS Task Force, d/b/a CrescentCare, # 13 Exhibit M: Declaration of Rick Zbur, Executive Director of Equality California)(Datla, Kirti) (Entered: 11/18/2020) 1 Exhibit A: Declaration of Jasmine Beach-Ferrara, Executive Director of Campaign View on PACER 2 Exhibit B: Declaration of Chastity Bowick, Director of the Transgender Emergenc View on PACER 3 Exhibit C: Declaration of Ivy Hill, Community Health Program Director of Campai View on PACER 4 Exhibit D: Declaration of Ellen LaPointe, Chief Executive Office of Fenway Heal View on PACER 5 Exhibit E: Declaration of Darren Lazor, Member of Equality California View on RECAP 6 Exhibit F: Declaration of Rachael Lorenzo, Co-founder of Indigenous Women Risin View on PACER 7 Exhibit G: Declaration of Alice Riener, Chief of Staff of NO/AIDS Task Force, d View on PACER 8 Exhibit H: Declaration of Galina Mae Smith, Health Programs Manager at the Bost View on PACER 9 Exhibit I: Declaration of Wendy Stark, Executive Director of Callen-Lorde Commu View on PACER 10 Exhibit J: Declaration of Grace Sterling Stowell, Executive Director of the Bos View on PACER 11 Exhibit K: Declaration of Stephe Thayer Koontz, Member of Campaign for Southern View on PACER 12 Exhibit L: Declaration of Noel Twilbeck, Chief Executive Officer of NO/AIDS Tas View on PACER 13 Exhibit M: Declaration of Rick Zbur, Executive Director of Equality California View on PACER	RECAP
28	Nov. 20, 2020	NOTICE of Appearance by Taleah E. Jennings on behalf of Scholars of the LGBT Population (Jennings, Taleah) (Entered: 11/20/2020)	RECAP
29	Nov. 20, 2020	MOTION for Leave to File Amicus Brief by Scholars of the LGBT Population. (Attachments: # 1 Exhibit 1-Proposed AMICUS CURIAE BRIEF in opposition)(Jennings, Taleah) (Entered: 11/20/2020) 1 Exhibit 1-Proposed AMICUS CURIAE BRIEF in opposition View on RECAP	RECAP
30	Dec. 3, 2020	Judge Patti B. Saris: ELECTRONIC ORDER entered granting 26 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Baker, Casey) (Entered: 12/03/2020)	RECAP
31	Dec. 3, 2020	Judge Patti B. Saris: ELECTRONIC ORDER entered granting 29 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Baker, Casey) (Entered: 12/03/2020)	RECAP
32	Dec. 3, 2020	AMICUS BRIEF filed by Harvard Law School LGBTQ Advocacy Clinic . (Chen, Alexander) (Entered: 12/03/2020)	RECAP
	Dec. 3, 2020	Order on Motion for Leave to File Document
33	Dec. 9, 2020	REPLY to Response to 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Alex M. Azar, II, Scholars of the LGBT Population, Roger Severino, United States Department of Health and Human Services, Seema Verma. (Holland, Liam) (Entered: 12/09/2020)	RECAP
34	Dec. 15, 2020	AMICUS BRIEF filed by Scholars of the LGBT Population Leave Granted December 3, 2020. (Jennings, Taleah) (Entered: 12/15/2020)	RECAP
35	Jan. 19, 2021	JOINT SUBMISSION pursuant to Local Rule 16.1 by Alex M. Azar, II, Roger Severino, United States Department of Health and Human Services, Seema Verma.(Holland, Liam) (Entered: 01/19/2021)	RECAP
36	Jan. 19, 2021	Joint CERTIFICATION pursuant to Local Rule 16.1 by Alex M. Azar, II, Roger Severino, United States Department of Health and Human Services, Seema Verma.(Holland, Liam) (Entered: 01/19/2021)	RECAP
37	Jan. 21, 2021	ELECTRONIC NOTICE - Previously set Motion Hearing has been converted to a Status Conference.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Status Conference set for 1/26/2021 02:30 PM in Remote Proceeding : Boston before Judge Patti B. Saris. (Baker, Casey) (Entered: 01/21/2021)	RECAP
	Jan. 21, 2021	Notice of Hearing
38	Jan. 26, 2021	Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Status Conference held on 1/26/2021 by Video. ORDERED: Status Report due on 3/17/2021.... Letter to the court re: any conflicts shall be filed on or before 2/5/2021. Hearing on Motion to Dismiss is RESET TO 3/24/2021 09:30 AM in Remote Proceeding: Boston before Judge Patti B. Saris. (Court Reporter: Alice Moran alice.moran@verizon.net.) (Molloy, Maryellen) (Entered: 01/26/2021)	RECAP
39	Jan. 26, 2021	ELECTRONIC NOTICE Resetting Motion hearing to 3/24/2021 at 9:30am re: 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : This hearing will be conducted by VIDEO CONFERENCE. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing RESET TO 3/24/2021 09:30 AM in Remote Proceeding : Boston before Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 01/26/2021)	RECAP
	Jan. 26, 2021	Status Conference
	Jan. 26, 2021	Notice Setting or Resetting Hearing on Motion
40	Feb. 4, 2021	Letter/request (non-motion) from Harvard Law School Office of Clinical Programs regarding the conflict issue raised by the Court on January 26, 2021. (Costello, Kevin) (Entered: 02/04/2021)	RECAP
41	March 3, 2021	MOTION to Stay Proceedings by United States Department of Health and Human Services. (Attachments: # 1 Text of Proposed Order)(Holland, Liam) (Entered: 03/03/2021) 1 Text of Proposed Order View on PACER	RECAP
42	March 17, 2021	Opposition re 41 MOTION to Stay Proceedings filed by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Indigenous Women Rising, Darren Lazor, NO/AIDS Task Force, Transgender Emergency Fund of Massachusetts. (Costello, Kevin) (Entered: 03/17/2021)	RECAP
43	March 17, 2021	STATUS REPORT by United States Department of Health and Human Services. (Holland, Liam) (Entered: 03/17/2021)	RECAP
44	March 18, 2021	ELECTRONIC NOTICE Canceling Hearing. Motion hearing previously scheduled for 3/24/2021 is CANCELED. (Lara, Miguel) (Entered: 03/18/2021)	RECAP
45	March 18, 2021	ELECTRONIC NOTICE Setting Hearing on Motion 41 MOTION to Stay Proceedings : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 5/10/2021 09:30 AM in Remote Proceeding : Boston before Judge Patti B. Saris. (Lara, Miguel) (Entered: 03/18/2021)	RECAP
	March 18, 2021	Notice Cancelling Hearing
	March 18, 2021	Notice Setting or Resetting Hearing on Motion
46	April 22, 2021	ELECTRONIC NOTICE issued requesting courtesy copy for 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 22 Memorandum in Support of Motion, 33 Reply to Response to Motion, 27 Memorandum in Opposition to Motion, 41 MOTION to Stay Proceedings, 42 Opposition to Motion,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by 4/30/2021. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Baker, Casey) (Entered: 04/22/2021)	RECAP
	April 22, 2021	Notice requesting courtesy copy
47	May 10, 2021	Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: 5/10/2021 Status hearing held video on all pending matters. ORDERED: ALL DISCOVERY STAYED...MOTION Dismiss scheduled for 6/3/2021 02:30 PM in REMOTE PROCEEDING: Boston before Judge Patti B. Saris. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 05/10/2021)	RECAP
48	May 10, 2021	Judge Patti B. Saris: ELECTRONIC ORDER entered re 41 MOTION to Stay Proceedings. "Denied for reasons stated on the record at the hearing held on 5/10/2021." (Baker, Casey) (Entered: 05/10/2021)	RECAP
49	May 10, 2021	STATUS REPORT by United States Department of Health and Human Services. (Holland, Liam) (Entered: 05/10/2021)	RECAP
50	May 10, 2021	NOTICE by United States Department of Health and Human Services re 49 Status Report Notification of Interpretation and Enforcement of Section 1557 of the Affordable Care Act and Title IX of the Education Amendments of 1972 (Holland, Liam) (Entered: 05/10/2021)	RECAP
	May 10, 2021	Hearing - Other
	May 10, 2021	Order on Motion to Stay
51	June 1, 2021	STATUS REPORT of Plaintiffs by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Indigenous Women Rising, Darren Lazor, NO/AIDS Task Force, Transgender Emergency Fund of Massachusetts. (Costello, Kevin) (Entered: 06/01/2021)	RECAP
52	June 3, 2021	Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Motion Hearing held on 6/3/2021 by VIDEO re 21 MOTION to Dismiss for Lack of Jurisdiction. ORDERED: Plaintiff may file supplements by 6/17/21 and or file a letter on ECF informing the court what date would be best to submit further briefs. Motion taken under advisement.(Atty present: Atty Kettlewell, Ausa Holland, Atty Datla)(Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 06/03/2021)	RECAP
	June 3, 2021	Motion Hearing
54	June 14, 2021	Transcript of Motion Hearing held on June 3, 2021, before Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com. Redaction Request due 7/6/2021. Redacted Transcript Deadline set for 7/15/2021. Release of Transcript Restriction set for 9/13/2021. (Coppola, Katelyn) (Entered: 06/16/2021)	RECAP
55	June 14, 2021	NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) (Entered: 06/16/2021)	RECAP
53	June 14, 2021	NOTICE of Withdrawal of Appearance by William H. Kettlewell for Kirti Datla (pro hac vice) (Kettlewell, William) (Entered: 06/14/2021)	RECAP
	June 16, 2021	Notice of Filing of Official Transcript
56	June 17, 2021	NOTICE by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Indigenous Women Rising, Darren Lazor, NO/AIDS Task Force, Transgender Emergency Fund of Massachusetts of Filing of Supplemental Declarations (Attachments: # 1 Exhibit A (Declaration of Katie Keith), # 2 Exhibit B (Declaration of Rachael Lorenzo))(Costello, Kevin) (Entered: 06/17/2021) 1 Exhibit A (Declaration of Katie Keith) View on PACER 2 Exhibit B (Declaration of Rachael Lorenzo) View on PACER	RECAP
57	June 29, 2021	MOTION for Extension of Time to File Response/Reply to Plaintiffs opportunity to supplement the record in support of their standing and to the Courts inquiries up to and including July 15, 2021 by United States Department of Health and Human Services. (Attachments: # 1 Text of Proposed Order)(Holland, Liam) (Entered: 06/29/2021)	RECAP
58	June 30, 2021	Judge Patti B. Saris: ELECTRONIC ORDER entered granting 57 Motion for Extension of Time to File Response/Reply Response due by 7/15/2021 (PBS, law1) (Entered: 06/30/2021)	RECAP
	June 30, 2021	Order on Motion for Extension of Time to File Response/Reply
59	July 15, 2021	Supplemental MEMORANDUM in Support re 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM RESPONSE TO PLAINTIFFS OPPORTUNITY TO SUPPLEMENT THE RECORD IN SUPPORT OF THEIR STANDING filed by United States Department of Health and Human Services. (Attachments: # 1 Exhibit 2020 Out2Enroll Report, # 2 Exhibit 2018 Cigna Policy Re Treatment for Gender Dysphoria, # 3 Exhibit Declaration of Dr. Greggory Woitte, # 4 Exhibit 2019 Leonhardt Article)(Holland, Liam) (Entered: 07/15/2021) 1 Exhibit 2020 Out2Enroll Report View on PACER 2 Exhibit 2018 Cigna Policy Re Treatment for Gender Dysphoria View on PACER 3 Exhibit Declaration of Dr. Greggory Woitte View on PACER 4 Exhibit 2019 Leonhardt Article View on PACER	RECAP
60	July 23, 2021	NOTICE of Withdrawal of Appearance by William H. Kettlewell for Erin Chapman (pro hac vice) (Kettlewell, William) (Entered: 07/23/2021)	RECAP
61	Aug. 10, 2021	NOTICE of Withdrawal of Appearance by William H. Kettlewell for Kristina Alekseyeva (pro hac vice) (Kettlewell, William) (Entered: 08/10/2021)	RECAP
62	Aug. 16, 2021	NOTICE of Withdrawal of Appearance by William H. Kettlewell of Alejandra Caraballo (Kettlewell, William) (Entered: 08/16/2021)	RECAP
63	Aug. 18, 2021	Judge Patti B. Saris: ORDER entered. MEMORANDUM AND ORDER re 21 Motion to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Pezzarossi, Lisa) (Entered: 08/18/2021)	Clearinghouse
64	Aug. 26, 2021	Assented to MOTION for Extension of Time to File Answer Until 21 Days After the Court Decides HHS's Forthcoming Motion for Voluntary Remand by United States Department of Health and Human Services. (Attachments: # 1 Text of Proposed Order)(Holland, Liam) (Entered: 08/26/2021) 1 Text of Proposed Order View on PACER	RECAP
65	Aug. 27, 2021	Judge Patti B. Saris: ELECTRONIC ORDER entered granting 64 Motion for Extension of Time to Answer. Answer is due 21 Days After the Court Decides HHS's Forthcoming Motion for Voluntary Remand. (PBS, law6) (Entered: 08/27/2021)	RECAP
	Aug. 27, 2021	Order on Motion for Extension of Time to Answer
66	Sept. 15, 2021	MOTION to Remand to Agency by United States Department of Health and Human Services. (Attachments: # 1 Text of Proposed Order)(Holland, Liam) (Entered: 09/15/2021)	RECAP
67	Sept. 15, 2021	MEMORANDUM in Support re 66 MOTION to Remand to Agency filed by United States Department of Health and Human Services. (Holland, Liam) (Entered: 09/15/2021)	RECAP
68	Sept. 15, 2021	DECLARATION re 66 MOTION to Remand to Agency of Robinsue Frohboese by United States Department of Health and Human Services. (Holland, Liam) (Entered: 09/15/2021)	RECAP
69	Sept. 22, 2021	MOTION for Extension of Time to October 13, 2021 to File Response/Reply to Defendants' Motion to Remand by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Indigenous Women Rising, Darren Lazor, NO/AIDS Task Force, Transgender Emergency Fund of Massachusetts. (Attachments: # 1 Text of Proposed Order)(Kettlewell, William) (Entered: 09/22/2021)	RECAP
70	Sept. 22, 2021	NOTICE of Withdrawal of Appearance by William H. Kettlewell for Lauren Gorodetsky (pro hac vice) (Kettlewell, William) (Entered: 09/22/2021)	RECAP
71	Sept. 28, 2021	NOTICE of Withdrawal of Appearance by David Brown for Noah Lewis (Brown, David) (Entered: 09/28/2021)	RECAP
72	Sept. 29, 2021	Opposition re 66 MOTION to Remand to Agency filed by Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Indigenous Women Rising, Darren Lazor, NO/AIDS Task Force, Transgender Emergency Fund of Massachusetts. (Costello, Kevin) (Entered: 09/29/2021)	RECAP
76	Sept. 30, 2021	Judge Patti B. Saris: ENDORSED ORDER entered ALLOWED 69 MOTION for Extension of Time to October 13, 2021 to File Response/Reply to Defendants' Motion to Remand. (Geraldino-Karasek, Clarilde) (Entered: 10/05/2021)	RECAP
73	Oct. 1, 2021	Transcript of Motion Hearing held on May 10, 2021, before Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com. Redaction Request due 10/22/2021. Redacted Transcript Deadline set for 11/1/2021. Release of Transcript Restriction set for 12/30/2021. (Coppola, Katelyn) (Entered: 10/04/2021)	RECAP
74	Oct. 1, 2021	NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) (Entered: 10/04/2021)	RECAP
	Oct. 4, 2021	Notice of Filing of Official Transcript
75	Oct. 5, 2021	ELECTRONIC NOTICE Setting Hearing on 66 MOTION to Remand to Agency : MOTION HEARING SET FOR 10/18/2021 09:30 AM in REMOTE PROCEEDING : Boston before Judge Patti B. Saris. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Geraldino-Karasek, Clarilde) (Entered: 10/05/2021)	RECAP
	Oct. 5, 2021	Notice Setting or Resetting Hearing on Motion
77	Oct. 13, 2021	MOTION for Leave to File Reply Memorandum in Support of Voluntary Remand by United States Department of Health and Human Services. (Attachments: # 1 Proposed Reply Memorandum)(Holland, Liam) (Entered: 10/13/2021)	RECAP
78	Oct. 14, 2021	Judge Patti B. Saris: ELECTRONIC ORDER entered Allowed 77 Motion for Leave to File Document; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Geraldino-Karasek, Clarilde) (Entered: 10/14/2021)	RECAP
	Oct. 14, 2021	Order on Motion for Leave to File Document
79	Oct. 15, 2021	REPLY to Response to 66 MOTION to Remand to Agency filed by United States Department of Health and Human Services. (Holland, Liam) (Entered: 10/15/2021)	RECAP

show / hide docket entries

Case Details

State / Territory:

Massachusetts

Case Type(s):

Healthcare Access and Reproductive Issues

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Transgender Healthcare Access Cases

Key Dates

Filing Date: July 9, 2020

Closing Date: Dec. 6, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A transgender man who regularly needs to access medical treatment and who uses health insurance coverage; private healthcare facilities that serve LGBTQ+ individuals; organizations that provide services to the LGBTQ+ community; a Native-centered reproductive justice collective; and a membership organization.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

National Women's Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United States Department of Health and Human Services

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process: Substantive Due Process

Equal Protection

Other Dockets:

District of Massachusetts 1:20-cv-11297

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Medical Exam / Inquiry

Discrimination Basis:

Gender identity

Language discrimination

Pregnancy discrimination

Sex discrimination

LGBTQ+:

LGBTQ+

Transgender

Reproductive rights:

Abortion

Reproductive health care (including birth control, abortion, and others)

Recommended Citation

Case Summary of Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY) v. U.S. Department of Health and Human Services, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/17778/ (last updated 10/19/2025).