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L.B. v. Premera Blue Cross

9th Cir. · 2026 · CourtListener
Cite as L.B. v. Premera Blue Cross, No. 2:23-cv-00953 (W.D. Wash. filed June 27, 2023)
Circuit9th Cir.Gender-affirming careHealth coverage & benefits

Docket

No. 2:23-cv-00953
Assigned to
Thomas S. Zilly
Cause
42:1983 Civil Rights Act
Nature of suit
440 Civil Rights: Other
Jurisdiction
Federal Question
Jury demand
Defendant
Date filed
2023-06-27
Last filing
2026-06-03
Terminated
2025-08-14
No. 25-6143
Date filed
2025-09-30
Last filing
2026-09-30

Proceedings

No. 2:23-cv-00953 · Docket on CourtListener
41 documents
L.B. v. Premera Blue Cross, No. 2:23-cv-00953 (W.D. Wash. filed June 27, 2023)
9th Cir. · No. 25-6143 · Docket on CourtListener
47 docket entries · 2 documents
L.B. v. Premera Blue Cross, No. 25-6143 (9th Cir. filed Sept. 30, 2025)

Recent docket activity

From the case's dockets as the archive holds them; each docket page lists every entry.
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Timeline

  • 2023-06-27 Filed: No. 2:23-cv-00953
  • 2025-08-14 Closed: No. 2:23-cv-00953
  • 2025-09-30 Filed: 9th Cir., No. 25-6143

Experts who testified for the side defending the laws

From the finding aid, which covers only these experts.

Filings on file (43 in 39 docket entries)

Filings on file
DateNo.DocumentTypePagesSource
2023-06-27 1 COMPLAINT (Class Action) against defendant(s) Premera Blue Cross (Receipt # AWAWDC-8065437) Attorney Eleanor Hamburger added to party A.B.(pty:pla), Attorney Eleanor Hamburger added to party L.B.(pty:pla), Attorney Eleanor Hamburger added to party M.B.(pty:pla) filed by L.B., A.B., M.B.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F Redacted, # 7 Exhibit G Redacted, # 8 Exhibit H Redacted, SEALED DOCUMENT # 9 Exhibit I, # 10 Exhibit J Redacted, # 11 Exhibit K Redacted, # 12 Civil Cover Sheet, # 13 Summons)(Hamburger, Eleanor) Modified on 9/22/2023 to seal document 1-9. Document contains personal identifiers. Document sealed pursuant to LCR 5.2. Redacted version filed at docket 22 -9. (KB). (Entered: 06/27/2023) Complaint 25 PDF CL
2023-07-21 10 ANSWER to 1 Complaint,, by Premera Blue Cross.(Payton, Gwendolyn) (Entered: 07/21/2023) Answer to Complaint 18 PDF CL
2023-08-29 16 MINUTE ORDER granting Parties' 14 Stipulated MOTION re Proposed Case Scheduling Order. 7-day Jury Trial is set for 2/3/2025 before Judge Thomas S. Zilly. Joinder of Parties due by 10/6/2023, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 2/15/2024, Discovery Motions due by 4/25/2024, Discovery completed by 5/31/2024, Dispositive motions due by 9/5/2024, Motions in Limine due by 12/19/2024, Agreed Pretrial Order due by 1/17/2025, Voir dire/jury instructions/trial briefs due by 1/17/2025, Pretrial Conference set for 1/24/2025 at 10:00 AM before Judge Thomas S. Zilly. Authorized by Judge Thomas S. Zilly. (SB) (Entered: 08/29/2023) Order on Stipulated Motion 4 PDF CL
2023-09-21 21 STIPULATED PROTECTIVE ORDER. Signed by Judge Thomas S. Zilly. (SS) (Entered: 09/21/2023) Protective Order 10 PDF CL
2024-01-04 25 MINUTE ORDER granting Parties' 24 Motion to Amend Trial and Pre-Trial Deadlines. Jury Trial (7 days) is set for 4/3/2025 before Judge Thomas S. Zilly. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/15/2024, Discovery Motions due by 6/25/2024, Discovery completed by 7/31/2024, Motions related to class certification due by 8/6/2024, Dispositive motions due by 11/5/2024, Motions related to expert witnesses due by 11/12/2024, Motions in Limine due by 2/19/2025, Agreed Pretrial Order due by 3/17/2025, Trial briefs to be submitted by 3/17/2025, Pretrial Conference set for 3/24/2025 before Judge Thomas S. Zilly. Authorized by Judge Thomas S. Zilly. (MJV) (Entered: 01/04/2024) Order on Motion to Amend 2 PDF CL
2024-05-30 33 MINUTE ORDER: Plaintiffs' 27 Motion for Leave to Amend is GRANTED. Plaintiffs shall electronically file their Second Amended Complaint within seven (7) days of the date of this Minute Order. Any responsive pleading or motion is due within fourteen (14) days after the Second Amended Complaint is filed. In light of Plaintiffs' amendments to the complaint, each side will be allowed a total of seventeen (17) depositions in this case. Additionally, the scheduling order is MODIFIED as follows: Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 9/16/2024, Rebuttal Expert Disclosure/Reports due by 10/15/2024, Discovery Motions due by 10/25/2024, Discovery completed by 11/22/2024, Motions related to class certification due by 11/29/2024, Dispositive motions due by 3/5/2025, Motions related to expert witnesses due by 3/12/2025, Motions in Limine due by 8/14/2025, Pretrial Order due by 8/29/2025, Voir dire/jury instructions/trial briefs due by 8/29/2025, Pretrial Conference set for 9/5/2025 before Judge Thomas S. Zilly. Jury Trial (7 days) is set for 9/15/2025 before Judge Thomas S. Zilly. Signed by Judge Thomas S. Zilly. (MJV) (Entered: 05/30/2024) Order on Motion to Amend 2 PDF CL
2024-06-18 35 ANSWER to 34 Amended Complaint,, by Premera Blue Cross.(Payton, Gwendolyn) (Entered: 06/18/2024) Answer to Amended Complaint 19 PDF CL
2024-07-22 38 MOTION to Certify Class, filed by All Plaintiffs. (Attachments: # 1 Proposed Order) Noting Date 3/14/2025 12/13/2024 10/28/2024 8/19/2024 (Hamburger, Eleanor) Modified to strike noting date on 8/1/2024 (MJV). Modified noting date on 8/20/2024 (MJV). Modified noting date on 11/5/2024 (MJV). Modified noting date on 11/20/2024 (MJV). (Entered: 07/22/2024) Motion to Certify Class 31 PDF CL
2024-08-29 66 MINUTE ORDER: Plaintiff's 37 MOTION to Seal is GRANTED as to the deposition transcripts of Drs. Abernathey and Morrison. Plaintiffs' motion is DEFERRED as to Exhibits CC & FF to the 47 Declaration of Eleanor Hamburger. Plaintiffs' motion to seal is RENOTED to 9/6/2024. Defendant is DIRECTED to file a response to the motion by the new noting date outlining why Exhibits CC & FF should remain under seal; no reply is necessary unless ordered by the Court. If Defendant fails to file a response by the new noting date, Exhibits CC & FF will be unsealed. Authorized by Judge Thomas S. Zilly. (MJV) (Entered: 08/29/2024) Minute Order 2 PDF CL
2024-09-04 69 MINUTE ORDER: Defendant Premera Blue Cross's 67 Unopposed Motion for Extension is GRANTED as follows. With respect to solely J.M., the child of plaintiffs C.M. and A.H., the deadline for disclosure of supplemental expert testimony pursuant to Federal Rule of Civil Procedure 26(a)(2), which was set by the 33 Minute Order is EXTENDED to 9/30/2024. All other dates and deadlines set forth in the 33 Minute Order shall remain in full force and effect. Authorized by Judge Thomas S. Zilly.(MJV) (Entered: 09/04/2024) Order on Motion to Amend 1 PDF CL
2024-09-06 70 RESPONSE by Defendant Premera Blue Cross re 66 Minute Order,,, Util - Set/Reset Motion Noting Date,, (Payton, Gwendolyn) (Entered: 09/06/2024) Response (non motion) 5 PDF CL
2024-09-13 72 REPLY by Defendant Premera Blue Cross to 63 Motion Hearing,,,,,,, (Payton, Gwendolyn) (Entered: 09/13/2024) Reply (non motion) 7 PDF CL
2024-09-19 74 MINUTE ORDER: The deferred portion of plaintiffs' 37 Motion to Seal is GRANTED, and Exhibits CC & FF to the Declaration of Eleanor Hamburger, docket nos. 47 -2 and 47 -3, shall remained sealed. Authorized by Judge Thomas S. Zilly. (MJV) (Entered: 09/19/2024) Order on Motion to Seal 1 PDF CL
2024-10-14 82 RESPONSE, by Defendant Premera Blue Cross, to 38 MOTION to Certify Class . Oral Argument Requested. (Payton, Gwendolyn) (Entered: 10/14/2024) Response to Motion 27 PDF CL
2024-11-05 91 MINUTE ORDER: The Court DEFERS ruling on Plaintiffs' 38 Motion for Class Certification and the motion is RENOTED to 12/13/2024. Plaintiffs' 43 Motion for Partial Summary Judgment and defendants' 79 Cross-Motion for Summary Judgment are RENOTED to 12/13/2024. On or before 12/6/2024, plaintiffs' shall file a consolidated response to defendants' cross-motion for summary judgment and reply in support of their motion for partial summary judgment. Defendant's reply in support of its cross-motion for summary judgment is due on the noting date. Defendant's 78 Motion to Seal is NOTED for 11/22/2024. Any response shall be filed by 11/18/2024, and any reply is due on the noting date. Authorized by Judge Thomas S. Zilly. (MJV) (Entered: 11/05/2024) Minute Order 2 PDF CL
2024-11-08 93 MINUTE ORDER: Having reviewed emails sent by plaintiffs' counsel to court staff, which were also circulated to defendant's lawyers, the Court hereby DIRECTS that the attorneys meet and confer and file, on or before 11/18/2024, a Joint Status Report not to exceed five (5) pages in length concerning either (i) an agreed proposed briefing schedule for the pending cross-motions for summary judgment, docket nos. 43 and 79, or (ii) the parties' respective views on the subject. Authorized by Judge Thomas S. Zilly. (MJV) (Entered: 11/08/2024) Minute Order 1 PDF CL
2024-11-20 95 MINUTE ORDER: Pursuant to the parties' 94 stipulation, plaintiffs' 43 motion for partial summary judgment as to sex discrimination and defendant's 79 cross-motion for summary judgment are RENOTED to 3/14/2025. Plaintiffs' 38 deferred motion for class certification is RENOTED to 3/14/2025. This case remains set for a seven-day jury trial on 9/15/2025, and the deadlines contained in the 33 Minute Order for the filing of an agreed pretrial order, trial briefs, proposed voir dire questions, and proposed jury instructions shall remain in full force and effect. The Pretrial Conference currently set for 9/5/2025, shall commence at 10:00 a.m. The deadline for completion of discovery is EXTENDED to 1/15/2025; the deadline for filing motions relating to expert testimony is EXPEDITED to 1/29/2025. Motions relating to expert testimony shall be noted for 3/14/2025. All motions in limine remain due on 8/14/2025. Defendant's 78 "placeholder" motion to seal is STRICKEN without prejudice. See order for full briefing instructions and procedures for filing documents under seal. Authorized by Judge Thomas S. Zilly. (MJV) (Entered: 11/20/2024) Order on Motion to Seal 3 PDF CL
2025-01-29 108 Redacted MOTION to Exclude DR. DAN KARASIC UNDER DAUBERT, filed by Defendant Premera Blue Cross. (Attachments: # 1 Proposed Order) Noting Date 3/14/2025, (Payton, Gwendolyn) (Entered: 01/29/2025) Motion to Exclude 15 PDF CL
2025-01-29 119 MOTION to Exclude Expert Testimony of Michael K. Laidlaw, filed by All Plaintiffs. (Attachments: # 1 Proposed Order) Noting Date 3/14/2025, (Gonzalez-Pagan, Omar) (Entered: 01/29/2025) Motion to Exclude 16 PDF CL
2025-02-26 130 RESPONSE, by All Plaintiffs, to 104 SEALED MOTION to DEFENDANT PREMERA BLUE CROSS MOTION TO EXCLUDE DR. DAN KARASIC UNDER DAUBERT; re 101 Stipulated MOTION to Seal PORTIONS OF BOTH PARTIES MOTIONS TO EXCLUDE EXPERTS UNDER DAUBERT ;. (Attachments: # 1 Proposed Order)(Hamburger, Eleanor) (Entered: 02/26/2025) Response to Motion 15 PDF CL
2025-02-26 152 DECLARATION of GWENDOLYN C. PAYTON filed by Defendant Premera Blue Cross re 79 CROSS MOTION AND RESPONSE re 43 SEALED MOTION to Plaintiffs Motion for Partial Summary Judgment on Premeras Liability for Discrimination Based on Sex; re 37 MOTION to Seal /Redact ;, 44 Redacted MOT (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Payton, Gwendolyn) (Entered: 02/26/2025) Declaration 3 PDF CL
2025-03-14 163 REPLY, filed by Defendant Premera Blue Cross, TO RESPONSE to 108 Redacted MOTION to Exclude DR. DAN KARASIC UNDER DAUBERT, 104 SEALED MOTION to DEFENDANT PREMERA BLUE CROSS MOTION TO EXCLUDE DR. DAN KARASIC UNDER DAUBERT; re 101 Stipulated MOTION to Seal PORTIONS OF BOTH PARTIES MOTIONS TO EXCLUDE EXPERTS UNDER DAUBERT ; (Payton, Gwendolyn) (Entered: 03/14/2025) Reply to Response to Motion 9 PDF CL
2025-04-18 169 ORDER. Plaintiffs' motion for partial summary judgment, docket no. 43, is GRANTED; plaintiffs are entitled to a declaratory judgment that Premera's Medical Policy 7.01.557 violates ACA § 1557 by facially discriminating on the basis of sex. Premera's cross-motion for summary judgment, docket no. 79, is GRANTED in part and DENIED in part as follows: (a) Plaintiffs' claims under ACA § 1557 for age discrimination are DISMISSED with prejudice for failure to exhaust; (b) Premera's cross-motion for summary judgment is otherwise DENIED. Plaintiffs' motion for class certification, docket no. 38, is DENIED. The parties' respective motions to exclude experts, docket nos. 103, 104, 105, 106, 112, 115, 117, 119, 121, 123, and 125, are moot with respect to dispositive motion practice and otherwise DEFERRED. Counsel shall meet and confer and file a Joint Status Report within twenty-one (21) days of the date of this Order, indicating (a) whether a trial will be necessary in this matter, (b) what issues remain for trial, (c) whether the parties will be prepared to proceed on the current trial date of 9/15/2025, and (d) how many days the parties anticipate needing for trial in light of its reduced scope. Signed by Judge Thomas S. Zilly. (MJV) (Entered: 04/18/2025) Order on Motion to Certify Class 32 PDF CL
2025-05-09 172 MINUTE ORDER: Plaintiffs have requested, via a "Notice of Scrivener's Error," docket no. 170, that the Court revise certain language in its Order entered 4/18/2025, docket no. 169 . Plaintiffs' notice is treated as a motion for reconsideration, which may not be granted unless the Court calls for a response. The Court concludes that no further action is required at this time. Plaintiffs motion for reconsideration, docket no. 170, is DENIED. Having reviewed the parties' Joint Status Report, docket no. 171, indicating that the parties are not in agreement concerning whether trial will be necessary in this matter and requesting additional time to negotiate and potentially finalize a stipulated judgment, the Court DIRECTS as follows: On or before 5/30/2025, the parties shall submit either (i) a stipulated or consent judgment, which shall be noted for the same day it is filed, or (ii) a Joint Status Report. Authorized by Judge Thomas S. Zilly. (MJV) (Entered: 05/09/2025) Minute Order 2 PDF CL
2025-06-13 174 STIPULATION [PROPOSED] STIPULATED JUDGMENT by parties re 169 Order on Motion to Certify Class, Order on Sealed Motion, Order on Cross Motion, Order on Motion to Exclude, Set Deadlines. Noting Date 7/24/2025 (Payton, Gwendolyn) Modified to add noting date per 176 Order on 6/20/2025 (LH). (Entered: 06/13/2025) Stipulated Motion 3 PDF CL
2025-06-18 175 NOTICE of Supplemental Authority AND REQUEST FOR SUPPLEMENTAL BRIEFING by Defendant Premera Blue Cross (Attachments: # 1 Exhibit A)(Payton, Gwendolyn) (Entered: 06/18/2025) Notice of Supplemental Authority 3 PDF CL
2025-06-20 176 MINUTE ORDER: The Court has reviewed the parties' proposed stipulated judgment, docket no. 174, but DEFERS entering it pending briefing on the effect, if any, of the United States Supreme Court's decision in Skrmetti v. United States. On or before July 7, 2025, defendant Premera Blue Cross shall file a brief, articulating why Skrmetti would affect, in any way, the Court's rulings in this matter. Plaintiffs' response is due on July 24, 2025. The parties' proposed stipulated judgment, docket no. 174, is NOTED for July 24, 2025. The trial date of September 15, 2025, and all related dates and deadlines are STRICKEN. Authorized by Judge Thomas S. Zilly. (LH) (Entered: 06/20/2025) Minute Order 2 PDF CL
2025-07-07 177 DEFENDANT PREMERA BLUE CROSS BRIEF ADDRESSING SKRMETTI BRIEF re 176 Minute Order,,, Terminate Deadlines and Hearings,,, Util - Set/Reset Motion Noting Date,, by Defendant Premera Blue Cross (Payton, Gwendolyn) (Entered: 07/07/2025) Brief 8 PDF CL
2025-07-07 179 STATEMENT of Interest by the United States of America by Interested Party United States of America (Roberts, Charles) (Entered: 07/07/2025) Statement 6 PDF CL
2025-07-24 180 Supplemental BRIEF re 177 Brief, 176 Minute Order,,, Terminate Deadlines and Hearings,,, Util - Set/Reset Motion Noting Date,, by All Plaintiffs (Attachments: # 1 Appendix 1 HR REP 95-948, # 2 Appendix 2 111 Cong. Rec. E462, H1855, S13890, # 3 Appendix 3 123 Cong. Rec. 10582, 29382, 29640, 124 CR 21434)(Hamburger, Eleanor) (Entered: 07/24/2025) Brief 10 PDF CL
180-1 Appendix 1 HR REP 95-948 19 PDF CL
180-2 Appendix 2 111 Cong. Rec. E462, H1855, S13890 6 PDF CL
180-3 Appendix 3 123 Cong. Rec. 10582, 29382, 29640, 124 CR 21434 Appendix 3 123 Cong. Rec. 10582, 29382, 29640, 124 CR 26 PDF CL
2025-07-24 181 MOTION for Leave to File Response to Statement of Interest by United States, filed by All Plaintiffs. (Attachments: # 1 Exhibit A Plaintiffs' Response to U.S. Statement of Interest, # 2 Proposed Order) Noting Date 8/14/2025 8/7/2025, (Hamburger, Eleanor) Modified noting date on 7/28/2025 (CJS). (Entered: 07/24/2025) Leave to File Document 3 PDF CL
181-1 Exhibit A Plaintiffs' Response to U.S. Statement of Interest 12 PDF CL
2025-07-29 183 MINUTE ORDER. Plaintiffs' motion, docket no. 181, for leave to respond to the Statement of Interest filed by the United States, docket no. 179, is GRANTED. Notwithstanding the improper filing of such Statement of Interest, the Court will consider it, and plaintiffs' response, docket no. 181 -1, will also be considered. Defendant Premera Blue Cross and the United States may each file a reply, not to exceed five (5) pages in length, on or before August 4, 2025. No further motion or brief of any kind shall be filed in this matter absent prior approval of or request by the Court. Authorized by Judge Thomas S. Zilly.(CJS) (Entered: 07/29/2025) Order on Motion for Leave to File AND ~Util - Set/Reset Dead 1 PDF CL
2025-08-04 184 REPLY BRIEF IN SUPPORT OF BRIEF ADDRESSING SKRMETTI (DKT. 177) re Terminate Motions, 177 Brief by Defendant Premera Blue Cross. (Payton, Gwendolyn) (Entered: 08/04/2025) Brief - Reply 7 PDF CL
2025-08-12 185 ORDER. The Court CONCLUDES that Skrmetti does not require any change to the Order entered 4/18/2025, docket no. 169, and hereby REAFFIRMS its decision that plaintiffs are entitled to a declaratory judgment that Premera's Medical Policy 7.01.557 violates ACA § 1557 by facially discriminating on the basis of sex. The Clerk is DIRECTED to enter judgment in the form proposed by the parties, docket no. 174 . The Clerk is further DIRECTED to send a copy of this Order and the Judgment to all counsel of record, and to CLOSE this case. Signed by Judge Thomas S. Zilly. (APH) (Entered: 08/12/2025) Order on Stipulated Motion 9 PDF CL
2025-08-14 186 JUDGMENT BY COURT. Judgment is ENTERED in favor of plaintiffs L.B. and M.B., individually and on behalf A.B., and C.M. and A.H., individually and on behalf of J.M., and against Premera, as to Claim 1 in the amount of $25,752.00 $27,752.00. Judgment is ENTERED in favor of Premera and against plaintiffs as to Plaintiffs' second claim. (See Judgment for details.)(CJS) Modified amount and regenerated NEF on 8/15/2025 (CJS). (Entered: 08/14/2025) Judgment by Court 2 PDF CL
2025-09-25 189 NOTICE OF Cross APPEAL to Ninth Circuit (25-6143) re 186 Judgment by Court, 169 Order on Motion to Certify Class, Order on Sealed Motion, Order on Cross Motion, Order on Motion to Exclude, by All Plaintiffs. $605, receipt number AWAWDC-9194807 (cc: USCA) (Hamburger, Eleanor) Modified on 9/30/2025 to add CCA#. (RE). (Entered: 09/25/2025) Notice of Appeal to Circuit 2 PDF CL
2025-10-03 191 TRANSCRIPT DESIGNATION (#25-5803) by Defendant Premera Blue Cross. Requesting Attorney: Gwendolyn C. Payton. (Payton, Gwendolyn) (Entered: 10/03/2025) Transcript Designation/Order Form - Appeal 1 PDF CL
2026-07-06 20 FIRST BRIEF ON CROSS-APPEAL submitted for filing by Appellant Premera Blue Cross. [UNSEALED per DE 46][25-5803, 25-6143] [Entered: 07/06/2026 12:04 PM] [Edited: 09/15/2026 11:37 AM] Filing 92 PDF CL
2026-07-1324Main document not on file
24-1 AMICUS BRIEF by government or with consent submitted for filing by The United States of America. [25-5803, 25-6143] [Entered: 07/13/2026 03:40 PM] Brief 39 PDF CL

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