Case: Bernier v. Turbocam, Inc.

1:23-cv-00523 | U.S. District Court for the District of New Hampshire

Filed Date: Nov. 21, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges the categorical exclusion of coverage for treatment of gender dysphoria and gender transition-related care under an employee health benefits plan used by Turbocam, Inc. and jointly administered by Health Plans, Inc. and Harvard Pilgrim Health Care of New England, Inc.  On November 21, 2023, Plaintiff, a transgender woman employed by Turbocam, filed this lawsuit in the U.S. District Court for the District of New Hampshire against Turbocam, HPI, and HPC. Plaintiff asserted th…

This case challenges the categorical exclusion of coverage for treatment of gender dysphoria and gender transition-related care under an employee health benefits plan used by Turbocam, Inc. and jointly administered by Health Plans, Inc. and Harvard Pilgrim Health Care of New England, Inc. 

On November 21, 2023, Plaintiff, a transgender woman employed by Turbocam, filed this lawsuit in the U.S. District Court for the District of New Hampshire against Turbocam, HPI, and HPC. Plaintiff asserted that she was denied essential medical care coverage for her gender dysphoria due to her health benefit plan’s exclusion of such coverage. Plaintiff alleged that Turbocam’s actions constituted (i) sex discrimination in violation of Title VII of the Civil Rights Act of 1964; (ii) disability discrimination in violation of the Americans with Disabilities Act (42 U.S.C. § 12112); and (iii) sex, gender identity, and disability discrimination in violation of New Hampshire law (RSA 354-A). She also alleged that HPI and Harvard Pilgrim’s actions constituted sex and disability discrimination in violation of the Affordable Care Act (§ 1557). She sought a declaratory judgment, a permanent injunction, and damages. The case was assigned to Chief Judge Landya B. McCafferty.

On February 29, 2024, Turbocam filed a motion to dismiss the case under Fed. R. Civ. P. 12(b)(6). Turbocam asserted that its health plan did not discriminate on the basis of sex because it applied uniformly to all employees and did not discriminate on the basis of a disability because Plaintiff did not claim or argue that her gender dysphoria was caused by a physical impairment. After briefing, on June 3, 2024, the court denied dismissal of the federal and state law sex and gender identity discrimination claims, finding that under the Supreme Court precedent of Bostock v. Clayton County, 590 U.S. 644 (2020), Turbocam’s policy may violate Title VII. The court also denied the dismissal of the federal and state disability discrimination claims, finding that Plaintiff plausibly alleged a physical impairment underlying her disability.

While the 12(b)(6) proceedings were ongoing, on March 22, 2024, Defendants HPI and HPC requested the court pause other proceedings until it ruled on the 12(b)(6) Motion. Plaintiff objected, and on May 2, 2024, the court declined to grant a stay. 

On August 15, 2024, Plaintiff voluntarily dismissed the federal sex and disability discrimination claim against HPI and Harvard Pilgrim. The court dismissed this claim with prejudice on September 10, 2024. It is unclear why Plaintiff voluntarily dismissed these claims. 

Plaintiff moved for Summary Judgment on July 25, 2025, for her claims of sex discrimination and disability discrimination. Briefing is still underway. 

On August 6, 2025, Plaintiff and Turbocam stipulated to the dismissal of the state law counts; the court endorsed the Stipulation of Dismissal on August 19, 2025.

This case is ongoing against Turbocam for federal claims of sex and disability discrimination.

Summary Authors

Dahlia Gottlieb (12/2/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68026913/parties/bernier-v-turbocam-inc/


Judge(s)
Attorney for Plaintiff

Erchull, Chris (New Hampshire)

Haley, Michael R. (New Hampshire)

Attorney for Defendant

Byron, Roger (New Hampshire)

Conde, James (New Hampshire)

Genus, Francis Raymond (New Hampshire)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case
1

1:23-cv-00523

Complaint

Nov. 21, 2023

Nov. 21, 2023

Complaint
30

1:23-cv-00523

Plaintiff's Memorandum of Law in Opposition to Defendant Turbocam, Inc's Motion to Dismiss Plaintiff's Complaint

Bernier v. Turbocam, Inc

April 5, 2024

April 5, 2024

Pleading / Motion / Brief
51

1:23-cv-00523

Stipulation of Voluntary Dismissal with Prejudice of Count VI Only Against Defendants Health Plans, Inc. and Harvard Pilgrim Health Care of New England, Inc.

Bernier v. Turbocam

Aug. 15, 2024

Aug. 15, 2024

Pleading / Motion / Brief
58

1:23-cv-00523

Joint Motion for Protective Order

April 11, 2025

April 11, 2025

Order/Opinion
65

1:23-cv-00523

PLAINTIFF LILLIAN Bernier's Statement of Undisputed Material Facts in Support of Her Motion for Summary Judgment

July 25, 2025

July 25, 2025

Pleading / Motion / Brief
66

1:23-cv-00523

Plaintiff Lillian Bernier's Motion for Summary Judgment

July 31, 2025

July 31, 2025

Pleading / Motion / Brief
68

1:23-cv-00523

Stipulation of Dismissal with Prejudice of Counts II, III, and V Only

Bernier v. Turbocam, Inc

Aug. 6, 2025

Aug. 6, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68026913/bernier-v-turbocam-inc/

Last updated March 25, 2026, 4:36 a.m.

ECF Number Date Description Link
1 Nov. 21, 2023

NEW CASE/ COMPLAINT Filing fee $ 402, receipt number ANHDC-2446655 filed by Lillian Bernier. (Attachments: # 1 Civil Cover Sheet)(Erchull, Chris) (Entered: 11/21/2023)

1 Civil Cover Sheet

View on PACER

Clearinghouse
2 Nov. 21, 2023

MOTION for Bennett H. Klein to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2446754.) filed by Lillian Bernier.Follow up on Objection on 12/5/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit) Affidavit of Bennett H. Klein)(Erchull, Chris) (Entered: 11/21/2023)

RECAP
Nov. 21, 2023

Case assigned to Chief Judge Landya B. McCafferty and US Magistrate Judge Andrea K Johnstone. The case designation is: 1:23-cv-523-LM-AJ. Please show this number with the judge designation on all future pleadings. (mc)

Nov. 28, 2023

Notice - ECF

Nov. 28, 2023

Case Assigned

Nov. 28, 2023

NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. (mc)

3 Dec. 4, 2023

NOTICE of Attorney Appearance by Kathleen M. Mahan on behalf of Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc. Attorney Kathleen M. Mahan added to party Harvard Pilgrim Healthcare of New England, Inc.(pty:dft), Attorney Kathleen M. Mahan added to party Health Plans, Inc.(pty:dft).(Mahan, Kathleen) (Entered: 12/04/2023)

RECAP
4 Dec. 4, 2023

Assented to MOTION for Michelle R. Peirce to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2450004.) filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc.. (Attachments: # 1 Exhibit (Affidavit) A - Affidavit of Michelle R. Peirce)(Mahan, Kathleen) (Entered: 12/04/2023)

RECAP
5 Dec. 4, 2023

Assented to MOTION for Lisa A. Zaccardelli to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2450203.) filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc.. (Attachments: # 1 Exhibit (Affidavit) A - Affidavit of Lisa A. Zaccardelli)(Mahan, Kathleen) (Entered: 12/04/2023)

RECAP
6 Dec. 4, 2023

WAIVER OF SERVICE Returned Executed as to Turbocam, Inc. by Lillian Bernier. Served/Mailed on 11/21/2023. Answer Follow Up on 1/23/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Erchull, Chris) (Entered: 12/04/2023)

RECAP
7 Dec. 4, 2023

WAIVER OF SERVICE Returned Executed as to Health Plans, Inc. by Lillian Bernier. Served/Mailed on 11/21/2023. Answer Follow Up on 1/23/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Erchull, Chris) (Entered: 12/04/2023)

RECAP
8 Dec. 4, 2023

WAIVER OF SERVICE Returned Executed as to Harvard Pilgrim Healthcare of New England, Inc. by Lillian Bernier. Served/Mailed on 11/21/2023. Answer Follow Up on 1/23/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Erchull, Chris) (Entered: 12/04/2023)

RECAP
Dec. 4, 2023

Order on Motion to Appear Pro Hac Vice

Dec. 4, 2023

ENDORSED ORDER granting 2 Motion to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(mc)

9 Dec. 5, 2023

WAIVER OF SERVICE Returned Executed as to Turbocam, Inc. by Lillian Bernier. Served/Mailed on 11/28/2023. Answer Follow Up on 1/30/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Erchull, Chris) (Entered: 12/05/2023)

RECAP
10 Dec. 5, 2023

WAIVER OF SERVICE Returned Executed as to Health Plans, Inc. by Lillian Bernier. Served/Mailed on 11/28/2023. Answer Follow Up on 1/30/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Erchull, Chris) (Entered: 12/05/2023)

RECAP
11 Dec. 5, 2023

WAIVER OF SERVICE Returned Executed as to Harvard Pilgrim Healthcare of New England, Inc. by Lillian Bernier. Served/Mailed on 11/28/2023. Answer Follow Up on 1/30/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Erchull, Chris) (Entered: 12/05/2023)

RECAP
Dec. 5, 2023

Order on Motion to Appear Pro Hac Vice

Dec. 5, 2023

ENDORSED ORDER granting 4 Assented to Motion for Michelle R. Peirce to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(de)

12 Dec. 6, 2023

NOTICE of Attorney Appearance by Bennett H. Klein on behalf of Lillian Bernier Attorney Bennett H. Klein added to party Lillian Bernier(pty:pla).(Klein, Bennett) (Entered: 12/06/2023)

RECAP
13 Dec. 13, 2023

NOTICE of Attorney Appearance by Michelle R. Peirce on behalf of Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc. Attorney Michelle R. Peirce added to party Harvard Pilgrim Healthcare of New England, Inc.(pty:dft), Attorney Michelle R. Peirce added to party Health Plans, Inc.(pty:dft).(Peirce, Michelle) (Entered: 12/13/2023)

RECAP
Dec. 13, 2023

Order on Motion to Appear Pro Hac Vice

Dec. 13, 2023

ENDORSED ORDER denying without prejudice 5 Motion for Lisa A. Zaccardelli to Appear Pro Hac Vice. Text of Order: Denied without prejudice to refiling the motion with an affidavit containing the year of admission for each court to which the attorney has been admitted to practice as required by LR 83.2(b)(1)(B). So Ordered by US Magistrate Judge Andrea K Johnstone.(de)

14 Dec. 14, 2023

Amended Assented to MOTION for Lisa A. Zaccardelli to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2454383.) filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc.. (Attachments: # 1 Exhibit (Affidavit) A - Affidavit of Lisa A. Zaccardelli)(Mahan, Kathleen) (Entered: 12/14/2023)

RECAP
15 Dec. 20, 2023

Disclosure Statement by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc. disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Mahan, Kathleen) (Entered: 12/20/2023)

RECAP
Dec. 26, 2023

Order on Motion to Appear Pro Hac Vice

Dec. 26, 2023

ENDORSED ORDER granting 14 Amended Assented to Motion for Lisa A. Zaccardelli to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(de)

16 Dec. 27, 2023

NOTICE of Attorney Appearance by Lisa Zaccardelli on behalf of Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc. Attorney Lisa Zaccardelli added to party Harvard Pilgrim Healthcare of New England, Inc.(pty:dft), Attorney Lisa Zaccardelli added to party Health Plans, Inc.(pty:dft).(Zaccardelli, Lisa) (Entered: 12/27/2023)

RECAP
17 Jan. 3, 2024

Assented to MOTION to Extend Time to Answer to February 29, 2024 filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc..(Mahan, Kathleen) (Entered: 01/03/2024)

RECAP
Jan. 9, 2024

Order on Motion to Extend Time to Answer

Jan. 9, 2024

ENDORSED ORDER granting 17 Assented to MOTION to Extend Time to Answer to February 29, 2024 .. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by US Magistrate Judge Andrea K Johnstone. (vln)

18 Jan. 11, 2024

NOTICE of Attorney Appearance by Bethany P. Minich on behalf of Turbocam, Inc. Attorney Bethany P. Minich added to party Turbocam, Inc.(pty:dft).(Minich, Bethany) (Entered: 01/11/2024)

RECAP
19 Jan. 11, 2024

Assented to MOTION to Extend Time to file a responsive pleading filed by Turbocam, Inc..(Minich, Bethany) (Entered: 01/11/2024)

RECAP
Jan. 18, 2024

Order on Motion to Extend Time

Jan. 18, 2024

ENDORSED ORDER granting 19 Assented to Motion to Extend Time. Text of Order: Motion to Extend Time to File Responsive Pleading is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by US Magistrate Judge Andrea K Johnstone. Answer Follow Up on 2/29/2024.(de)

20 Feb. 29, 2024

ANSWER to 1 Complaint - New Case with jury demand filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc..(Mahan, Kathleen) (Entered: 02/29/2024)

RECAP
21 Feb. 29, 2024

MOTION to Dismiss for Failure to State a Claim filed by Turbocam, Inc..Follow up on Objection on 3/14/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law, # 2 Exhibit 1 - Affidavit)(Minich, Bethany) (Entered: 02/29/2024)

1 Memorandum of Law

View on RECAP

2 Exhibit 1 - Affidavit

View on PACER

Clearinghouse
March 1, 2024

Pretrial Conference

March 1, 2024

NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 4/9/2024 10:00 AM before US Magistrate Judge Andrea K Johnstone. Follow up on Discovery Plan 4/2/2024. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(kad)

22 March 7, 2024

Assented to MOTION to Extend Time to Object/Respond to 4/5/2024 filed by Lillian Bernier.(Erchull, Chris) (Entered: 03/07/2024)

RECAP
March 12, 2024

Order on Motion to Extend Time to Object/Respond

March 12, 2024

ENDORSED ORDER granting 22 Assented to Motion to Extend Time to Object/Respond re 21 Motion to Dismiss for Failure to State a Claim. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone.Follow up on Objection on 4/5/2024. (de)

23 March 18, 2024

Assented to MOTION for Roger Byron to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2489484.) filed by Turbocam, Inc.. (Attachments: # 1 Exhibit A - Affidavit)(Minich, Bethany) (Entered: 03/18/2024)

RECAP
March 20, 2024

Order on Motion to Appear Pro Hac Vice

March 20, 2024

ENDORSED ORDER granting 23 Assented to Motion for Roger Byron to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(de)

24 March 21, 2024

NOTICE of Attorney Appearance by Roger Byron on behalf of Turbocam, Inc. Attorney Roger Byron added to party Turbocam, Inc.(pty:dft).(Byron, Roger) (Entered: 03/21/2024)

RECAP
25 March 22, 2024

Partially Assented to MOTION to Stay filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc..Follow up on Objection on 4/5/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Mahan, Kathleen) (Entered: 03/22/2024)

Clearinghouse
25 March 22, 2024

Partially Assented to MOTION to Stay filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc..Follow up on Objection on 4/5/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Mahan, Kathleen) (Entered: 03/22/2024)

Clearinghouse
25 March 22, 2024

Partially Assented to MOTION to Stay filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc..Follow up on Objection on 4/5/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Mahan, Kathleen) (Entered: 03/22/2024)

Clearinghouse
26 March 26, 2024

Joint Assented to MOTION to Extend Time to File Discovery Plan filed by Lillian Bernier.(Erchull, Chris) (Entered: 03/26/2024)

RECAP
27 March 29, 2024

OBJECTION to 25 Partially Assented to MOTION to Stay filed by Lillian Bernier. Follow up on Reply on 4/5/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Klein, Bennett) (Entered: 03/29/2024)

RECAP
March 29, 2024

Terminate Deadlines PUBLIC

March 29, 2024

Order on Motion to Extend Time

March 29, 2024

ENDORSED ORDER granting 26 Joint Assented to Motion to Extend Time to File Discovery Plan. Text of Order: Granted. For reasons stated in the motion (Doc. No. 26) and given the procedural posture of the case, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). The April 9, 2024 preliminary pretrial conference is continued and will be rescheduled after resolution of the pending motion to stay and/or motion to dismiss. So Ordered by US Magistrate Judge Andrea K Johnstone.(de)

March 29, 2024

Hearing terminated: Pretrial Conference 04/09/2024 continued/canceled. (de)

28 April 3, 2024

MOTION for Leave to File Reply filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc..Follow up on Objection on 4/17/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit A - Reply)(Mahan, Kathleen) (Entered: 04/03/2024)

RECAP
29 April 4, 2024

Addendum/ to 28 MOTION for Leave to File Reply by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc.. (Mahan, Kathleen) (Entered: 04/04/2024)

RECAP
April 4, 2024

Cure Notice - Action Requested

April 4, 2024

ACTION REQUIRED - NOTICE Nonconforming Document re 28 MOTION for Leave to File Reply filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc. The document fails to comply with LR 7.1-No statement of concurrence was included. File statement as addendum using the Other Documents/Addendum event and link filing(s) to document no. 28. The document will remain on file. Please note that unless a document curing the defect is filed by the Notice of Compliance Deadline the matter may be referred to a judicial officer for appropriate action. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.Compliance Deadline set for 4/8/2024.(de)

30 April 5, 2024

OBJECTION to 21 MOTION to Dismiss for Failure to State a Claim filed by Lillian Bernier. Follow up on Reply on 4/12/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Erchull, Chris) (Entered: 04/05/2024)

Clearinghouse
31 April 8, 2024

RESPONSE to Motion re 25 Partially Assented to MOTION to Stay filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc.. (Mahan, Kathleen) (Entered: 04/08/2024)

RECAP
April 8, 2024

Order on Motion for Leave to File

April 8, 2024

ENDORSED ORDER granting 28 Assented to Motion for Leave to File Reply. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by US Magistrate Judge Andrea K Johnstone.(de)

32 April 9, 2024

Assented to MOTION to Extend Time filed by Turbocam, Inc..(Minich, Bethany) (Entered: 04/09/2024)

RECAP
April 11, 2024

Order on Motion to Extend Time

April 11, 2024

ENDORSED ORDER granting 32 Assented to Motion to Extend Time. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone. Follow up on Reply on 4/22/2024. (de)

33 April 22, 2024

REPLY to Objection to Motion re 21 MOTION to Dismiss for Failure to State a Claim filed by Turbocam, Inc.. Surreply due by 4/29/2024. (Minich, Bethany) (Entered: 04/22/2024)

RECAP
May 2, 2024

Order on Motion to Stay

May 2, 2024

ENDORSED ORDER denying 25 Motion to Stay. Text of Order: Denied. Defendants Health Plans, Inc. and Harvard Pilgrim Health Care of New England, Inc. move to stay all Federal Rule of Civil Procedure 26(f) deadlines and obligations, pending resolution of the motion to dismiss (doc. no. 21). See doc. no. 25. Defendant Turbocam, Inc. assents to the motion. Plaintiff Lillian Bernier objects. The court has considered the parties' arguments on the motion and denies the requested stay. So Ordered by Chief Judge Landya B. McCafferty. (gla)

34 May 8, 2024

NOTICE of Supplemental Authority by Lillian Bernier. (Attachments: # 1 Exhibit 4th Circuit Kadel Decision)(Erchull, Chris) (Entered: 05/08/2024)

RECAP
May 9, 2024

Pretrial Conference

May 9, 2024

NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 6/11/2024 10:30 AM before US Magistrate Judge Andrea K Johnstone. Follow up on Discovery Plan 6/4/2024. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(kad)

35 May 14, 2024

NOTICE of Supplemental Authority by Lillian Bernier. (Attachments: # 1 Exhibit 11th Circuit Lange Decision)(Erchull, Chris) (Entered: 05/14/2024)

RECAP
36 May 30, 2024

Assented to MOTION to Extend Time to file Discovery Plan from June 4 to June 6 filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc..(Mahan, Kathleen) (Entered: 05/30/2024)

RECAP
May 31, 2024

ENDORSED ORDER granting 36 Assented to Motion to Extend Time to file Discovery Plan from June 4 to June 6. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone.(de)

June 3, 2024

Order on Motion to Dismiss for Failure to State a Claim

June 3, 2024

Order on Motion to Extend Time

June 3, 2024

ENDORSED ORDER denying 21 Motion to Dismiss for Failure to State a Claim. Text of Order: Turbocam's motion to dismiss (doc. no. 21 ) is denied for the reasons stated in Bernier's objection (doc. no. 30 ). In short, Turbocam's arguments on Counts I, II, and III (the state and federal sex and gender identity discrimination claims) ignore the holding of Bostock v. Clayton County, 590 U.S. 644 (2020) and cases relying on Bostock to hold--more specifically--that categorical exclusions of gender transition medical care violate Title VII. See, e.g., Lange v. Houston County, 608 F. Supp. 3d 1340, 1358-59 (M.D. Ga. 2022), aff'd, 101 F.4th 793 (11th Cir. 2024); Kadel v. Folwell, 620 F. Supp. 3d 339, 387 (M.D.N.C. 2022), affd, 100 F.4th 122 (4th Cir. 2024) (Title VII claim not appealed); Fletcher v. Alaska, 443 F. Supp. 3d 1024, 1030 (D. Alaska 2020); Boyden v. Conlin, 341 F. Supp. 3d 979, 996-97 (W.D. Wis. 2018). Turbocam's arguments with respect to Counts VI and V (the state and federal disability discrimination claims) also fall short of the mark. In short, Bernier alleges a physical impairment in her complaint. Moreover, the court finds persuasive the Fourth Circuits reasoning in Williams v. Kincaid, 45 F.4th 759, 772 (4th Cir. 2022) ("Our approach today acknowledges that courts typically lack sufficient expertise in physiology, etiology, psychiatry, and other potentially relevant disciplines to determine the cause or causes of gender dysphoria.... Especially at this early stage, to dismiss a case based on such unknowns would be wholly premature and speculative.... [The] complaint, as it stands, permits the plausible inference that her condition result[ed] from a physical impairment." (internal quotations and citations omitted)), cert. denied, 143 S. Ct. 2414 (2023); see also Doe v. Mass. Dept of Corr., No. 17-12255-RGS, 2018 WL 2994403, at *8 (D. Mass. June 14, 2018). The court notes that neither party argues--for purposes of this motion--that there are material differences between state and federal law on these claims. Therefore, the court denies the motion as to the state law discrimination claims for the same reasons as the federal claims. So Ordered by Chief Judge Landya B. McCafferty.(gla)

37 June 6, 2024

Proposed Discovery Plan (Joint) filed by Lillian Bernier. (Erchull, Chris) (Entered: 06/06/2024)

RECAP
38 June 11, 2024

ORDER approving in part 37 Discovery Plan. So Ordered by US Magistrate Judge Andrea K Johnstone. Summary Judgment Motions due by 4/21/2025. Joint Statement regarding the status of discovery due by 1/20/2025. Mediation Follow Up on 5/21/2025.(vln) (Entered: 06/12/2024)

RECAP
June 11, 2024

Pretrial Conference

June 11, 2024

Minute Entry for proceedings held before US Magistrate Judge Andrea K Johnstone. PRETRIAL CONFERENCE held on 6/11/2024. Order to issue. (Pltfs Atty: Bennett Klein) (Defts Atty: Bethany Minich, Roger Byron, Michelle Peirce, Kathleen Mahan) (Tape #10:37)(Total Hearing Time: 52 min.) (kad)

June 12, 2024

Trial Notice

June 12, 2024

TRIAL NOTICE: Jury Selection/Trial set for two week period beginning 8/19/2025 09:30 AM before Chief Judge Landya B. McCafferty. Final Pretrial Conference set for 8/6/2025 10:00 AM before Chief Judge Landya B. McCafferty. Pretrial Statements due 7/16/2025. LR 16.2(d) Objections due 7/30/2025. (vln)

39 June 17, 2024

ANSWER to Complaint with jury demand filed by Turbocam, Inc..(Minich, Bethany) (Entered: 06/17/2024)

RECAP
40 June 18, 2024

Disclosure Statement by Turbocam, Inc. disclosing no parent company, no publicly traded company, and no merger agreement. (Minich, Bethany) (Entered: 06/18/2024)

RECAP
41 July 11, 2024

NOTICE of Attorney Appearance by Francis Raymond Genus, III on behalf of Turbocam, Inc. Attorney Francis Raymond Genus, III added to party Turbocam, Inc.(pty:dft).(Genus, Francis) (Entered: 07/11/2024)

RECAP
42 July 11, 2024

MOTION to Intervene as Defendant Turbocam, Inc. filed by Turbocam, Inc..Follow up on Objection on 7/25/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law, # 2 Exhibit A-Proposed Amended Answer to Complaint, # 3 Exhibit B-Noronha declaration)(Genus, Francis) (Entered: 07/11/2024)

1 Memorandum of Law

View on RECAP

2 Exhibit A-Proposed Amended Answer to Complaint

View on PACER

3 Exhibit B-Noronha declaration

View on PACER

RECAP
43 July 18, 2024

Assented to MOTION for Jonathan Berry to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2532623.) filed by Turbocam, Inc.. (Attachments: # 1 Exhibit (Affidavit) A-Affidavit of Jonathan Berry)(Genus, Francis) (Entered: 07/18/2024)

RECAP
44 July 18, 2024

Assented to MOTION for James R. Conde to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2532634.) filed by Turbocam, Inc.. (Attachments: # 1 Exhibit (Affidavit) A-Affidavit of James R Conde)(Genus, Francis) (Entered: 07/18/2024)

RECAP
45 July 18, 2024

Assented to MOTION for Andrew W. Smith to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2532638.) filed by Turbocam, Inc.. (Attachments: # 1 Exhibit (Affidavit) A-Affidavit of Andrew W Smith)(Genus, Francis) (Entered: 07/18/2024)

RECAP
46 July 18, 2024

Assented to MOTION to Extend Time to Object/Respond to 42 MOTION to Intervene as Defendant Turbocam, Inc. to 8/15/2024 filed by Lillian Bernier.(Erchull, Chris) (Entered: 07/18/2024)

RECAP
47 July 24, 2024

Joint Assented to MOTION to Extend Time to File ESI Supplemental Statement filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc..(Peirce, Michelle) (Entered: 07/24/2024)

RECAP
July 25, 2024

Order on Motion to Extend Time to Object/Respond

July 25, 2024

ENDORSED ORDER granting 46 Assented to Motion to Extend Time to Object/Respond 42 Motion to Intervene. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone.Follow up on Objection on 8/15/2024. (de)

48 July 31, 2024

Joint Assented to MOTION to Extend Time to File ESI Supplemental Statement filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc..(Mahan, Kathleen) (Entered: 07/31/2024)

RECAP
Aug. 1, 2024

Order on Motion to Extend Time AND Order on Motion to Extend Time

Aug. 1, 2024

ENDORSED ORDER granting 47 Joint Assented to Motion to Extend Time to File ESI Supplemental Statement; granting 48 Joint Assented to Motion to Extend Time to File ESI Supplemental Statement. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone.(de)

Aug. 5, 2024

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

Aug. 5, 2024

ENDORSED ORDER granting 43 Motion for Jonathan Berry to Appear Pro Hac Vice; granting 44 Motion for James R. Conde to Appear Pro Hac Vice; granting 45 Motion for Andrew W. Smith to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(vln)

Case Details

State / Territory:

New Hampshire

Case Type(s):

Healthcare Access and Reproductive Issues

Special Collection(s):

Transgender Healthcare Access Cases

Key Dates

Filing Date: Nov. 21, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A transgender woman affected by her employer's health benefits plan excluding coverage of treatment for gender dysphoria or gender transition-related care.

Attorney Organizations:

GLAD (GLBTQ Legal Advocates & Defenders)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Non-profit or advocacy

Harvard Pilgrim Health Care of New England, Inc.

Health Plans, Inc.

Private Entity/Person

Turbocam, Inc.

Defendant Type(s):

Insurer

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

Affordable Care Act Section 1557, 42 U.S.C. § 18116

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

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

Other Dockets:

District of New Hampshire 1:23-cv-00523

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Damages

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Discrimination Basis:

Disability (inc. reasonable accommodations)

Gender identity

Sex discrimination

Affected Sex/Gender(s):

Transgender

Medical/Mental Health Care:

Gender-affirming care

Medical care, general

Recommended Citation