Bernier v. Turbocam, Inc.

Court
D.N.H.
Docket number
1:23-cv-00523
Filed
Last filing
Assigned judge
Landya B. McCafferty
Referred judge
Andrea K. Johnstone
Nature of suit
440 Civil Rights: Other
Cause
28:451 Employment Discrimination
Jurisdiction
Federal Question
Jury demand
Defendant
Case
Bernier v. Turbocam, Inc.
Cite
Bernier v. Turbocam, Inc., No. 1:23-cv-00523 (D.N.H. filed Nov. 21, 2023)
Source
Docket on CourtListener(opens another site)

The 89 court documents filed in this docket, as listed for its case.

Docket entries

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Docket entries
No.DateDescriptionDocument
51STIPULATION re: of Voluntary Dismissal of Count VI Only by Lillian Bernier(Klein, Bennett) (Entered: 08/15/2024)Open(opens another site)
52Joint Stipulation Regarding Discovery of ESI filed by Lillian Bernier. (Erchull, Chris) Modified on 8/23/2024 to remove proposed discovery plan language. (de) (Entered: 08/15/2024)Open(opens another site)
53RESPONSE re 51 Stipulation of Voluntary Dismissal of Count VI filed by Turbocam, Inc.. (Byron, Roger) (Entered: 09/05/2024)Open(opens another site)
54RESPONSE re 53 Response (not to Motion) Stipulation of Voluntary Dismissal of Count VI filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc.. (Mahan, Kathleen) (Entered: 09/06/2024)Open(opens another site)
55NOTICE of Attorney Appearance by Michael R. Haley on behalf of Lillian Bernier Attorney Michael R. Haley added to party Lillian Bernier(pty:pla).(Haley, Michael) (Entered: 10/28/2024)Open(opens another site)
56Joint Assented to MOTION to Extend Time to Discovery Deadlines and Discover Status Report filed by Lillian Bernier, Turbocam, Inc., Health Plans, Inc., Harvard Pilgrim Healthcare of New England, Inc.(de). (Entered: 01/20/2025)Open(opens another site)
57Addendum/ to 56 Joint Assented to MOTION to Extend Time to Discovery Deadlines and Discover Status Report by Lillian Bernier. (Erchull, Chris) (Entered: 01/21/2025)Open(opens another site)
58Joint MOTION for Protective Order filed by Turbocam, Inc..Follow up on Objection on 4/25/2025. 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 Proposed Protective Order)(Minich, Bethany) (Entered: 04/11/2025)Open(opens another site)
59Joint Assented to MOTION to Extend Time to Complete Discovery filed by Lillian Bernier.(Erchull, Chris) (Entered: 04/18/2025)Open(opens another site)
60Addendum/ to 59 Joint Assented to MOTION to Extend Time to Complete Discovery by Lillian Bernier. (Erchull, Chris) (Entered: 04/21/2025)Open(opens another site)
61PROTECTIVE ORDER. So Ordered by US Magistrate Judge Andrea K Johnstone.(de) (Entered: 04/21/2025)Open(opens another site)
62Joint Mediation Statement: The parties have not agreed to pursue mediation at this time. (Minich, Bethany) (Entered: 05/21/2025)Open(opens another site)
63Joint MOTION to Extend Time Briefing Schedule and Extend Page Limits filed by Turbocam, Inc..Follow up on Objection on 7/15/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Minich, Bethany) (Entered: 07/01/2025)Open(opens another site)
64REPLACED - SEE DOC. 66 . MOTION for Summary Judgment filed by Lillian Bernier. HEARING REQUESTED.Follow up on Objection on 8/25/2025. 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)(Erchull, Chris) Modified on 8/15/2025 to add: REPLACED (de). (Entered: 07/25/2025)Open(opens another site)
65REPLACED - SEE DOC. 67 . Plaintiff Lillian Bernier's Statement of Undisputed Material Facts in Support of Her Motion for Summary Judgment by Lillian Bernier (Attachments: # 1 Exhibit (Affidavit) Declaration of Attorney Chris Erchull, # 2 Exhibit (Affidavit) Exhibit 1 - Declaration of Lillian Bernier, # 3 Exhibit Exhibit 2 - Excerpts from the Deposition Transcript of Marian Noronha, # 4 Exhibit (Affidavit) Exhibit 3 - Declaration of Randi Ettner, PhD, # 5 Exhibit Exhibit 4 - Excerpts from the Deposition Transcript of Peter Hanson, # 6 Exhibit Exhibit 5 - Defendant Turbocam, Inc.s Objections to Plaintiffs 30(b)(6) Deposition Topics, # 7 Exhibit Exhibit 6 - HPHC 2020 Employee Health Benefits Plan, # 8 Exhibit Exhibit 7 - Excerpts from the Deposition Transcript of Darika Marino, # 9 Exhibit Exhibit 8 - Excerpts from the Turbocam, Inc. Employee Group Medical Plan, # 10 Exhibit Exhibit 9 - Our History Web Page, HPI Public Website, # 11 Exhibit Exhibit 10 - Defendant Turbocam, Inc.s Answers to Plaintiff Lillian Berniers First Set of Interrogatories, # 12 Exhibit (Affidavit) Exhibit 11 - Declaration of Dianne Oldach, # 13 Exhibit Exhibit 12 - 2025 HPI Coverage Criteria - Notice of Conventional Filing, # 14 Exhibit Exhibit 13 - March 15, 2021, Email from Julie Oakley to Peter Hanson, # 15 Exhibit Exhibit 14 - March 15, 2021, Email from Julie Oakley to Peter Hanson and Darika Marino, # 16 Exhibit Exhibit 15 - October 21, 2021, Email from Lillian Bernier to Peter Hanson, # 17 Exhibit Exhibit 16 - October 25, 2021, Email from Peter Hanson to Lillian Bernier, # 18 Exhibit Exhibit 17 - November 17, 2021, Email from Lillian Bernier to Maya Jiman, # 19 Exhibit Exhibit 18 - December 6, 2021, Email Exchange Between Lillian Bernier and Peter Hanson, # 20 Exhibit Exhibit 19 - March 29, 2022, Email from Darika Marino to Lillian Bernier, # 21 Exhibit Exhibit 20 - April 13, 2022, Email from Peter Hanson to Marian Noronha, Doug Patteson, and Darika Marino)(Erchull, Chris) Modified on 8/15/2025 to add: REPLACED (de). (Entered: 07/25/2025)Open(opens another site)
66Amended MOTION for Summary Judgment filed by Lillian Bernier. HEARING REQUESTED.Follow up on Objection on 9/2/2025. 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)(Erchull, Chris) (Entered: 07/31/2025)Open(opens another site)
67Plaintiff Lillian Bernier's Amended Statement of Undisputed Material Facts in Support of Her Motion for Summary Judgment by Lillian Bernier (Attachments: # 1 Exhibit (Affidavit) Declaration of Attorney Chris Erchull, # 2 Exhibit (Affidavit) Exhibit 1 - Declaration of Lillian Bernier, # 3 Exhibit Exhibit 2 - Excerpts from the Deposition Transcript of Marian Noronha, # 4 Exhibit (Affidavit) Exhibit 3 - Declaration of Randi Ettner, PhD., # 5 Exhibit Exhibit 4 - Excerpts from the Deposition Transcript of Peter Hanson, # 6 Exhibit Exhibit 5 - Defendant Turbocam, Inc.s Objections to Plaintiffs 30(b)(6) Deposition Topics, # 7 Exhibit Exhibit 6 - HPHC 2020 Employee Health Benefits Plan, # 8 Exhibit Exhibit 7 - Excerpts from the Deposition Transcript of Darika Marino, # 9 Exhibit Exhibit 8 - Excerpts from the Turbocam, Inc. Employee Group Medical Plan, # 10 Exhibit Exhibit 9 - Our History Web Page, HPI Public Website, # 11 Exhibit Exhibit 10 - Defendant Turbocam, Inc.s Answers to Plaintiff Lillian Berniers First Set of Interrogatories, # 12 Exhibit (Affidavit) Exhibit 11 - Declaration of Dianne Oldach, # 13 Exhibit Exhibit 12 - 2025 HPI Coverage Criteria - Notice of Conventional Filing, # 14 Exhibit Exhibit 13 - March 15, 2021, Email from Julie Oakley to Peter Hansen, # 15 Exhibit Exhibit 14 - March 15, 2021, Email from Julie Oakley to Peter Hanson and Darika Marino, # 16 Exhibit Exhibit 15 - October 21, 2021, Email from Lillian Bernier to Peter Hanson, # 17 Exhibit Exhibit 16 - October 25, 2021, Email from Peter Hanson to Lillian Bernier, # 18 Exhibit Exhibit 17 - November 17, 2021, Email from Lillian Bernier to Maya Jiman, # 19 Exhibit Exhibit 18 - December 6, 2021, Email Exchange Between Lillian Bernier and Peter Hanson, # 20 Exhibit Exhibit 19 - March 29, 2022, Email from Darika Marino to Lillian Bernier, # 21 Exhibit Exhibit 20 - April 13, 2022, Email from Peter Hanson to Marian Noronha, Doug Patteson, and Darika Marino)(Erchull, Chris) (Additional attachment(s) added on 8/15/2025: # 22 Exhibit 12: HPI Coverage Criteria (UNDER SEAL)) (de). (Entered: 07/31/2025)
68///STIPULATION of Dismissal as to Counts II, III, and V of the Complaint by Turbocam, Inc.(Minich, Bethany) (Entered: 08/06/2025)Open(opens another site)
69Assented to MOTION to Seal Exhibit 12 of Plaintiff's Motion for Summary Judgment filed by Lillian Bernier.(de) (Entered: 08/15/2025)Open(opens another site)
70Statement of Interest of the United States by United States of America Attorney Raphael Katz added to party United States of America(pty:am).(Katz, Raphael) (Entered: 08/15/2025)Open(opens another site)
71MOTION to Exclude Testimony of Randi Ettner, Ph.D filed by Turbocam, Inc..Follow up on Objection on 9/8/2025. 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 Memorandum, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I, # 11 Exhibit Exhibit J, # 12 Exhibit Exhibit K, # 13 Exhibit Exhibit L, # 14 Exhibit Exhibit M, # 15 Exhibit (Affidavit) Declaration)(Minich, Bethany) (Additional attachment(s) added on 8/29/2025: # 16 Ex. E- Diamond- Transsexuality Among Twins (2013), # 17 Ex. F- Gomez-Gil- Familiality of GID in Non-Twin Siblings (2010), # 18 Ex. G- Green- Family Coocurrence of Gender Dysphoria Ten Sibling or Parent-Child Pairs (2000), # 19 Ex. H- Karamanis- Gender Disphoria in Twins (2022), # 20 Ex. I- Frigerio- Transgender Brain Differences (2021), # 21 Ex. J- Bhargava- Endicrine Society Statement (2021), # 22 Ex. K- Hare- Androgen Receptor Length Polymorphism (2009), # 23 Ex. L- Garcia-Falgueras- Sex Hormones and the Brain (2010), # 24 Ex. M- Bao- Sexual differentiation of the human brain (2011).) (vln). Modified on 12/10/2025 to remove: "SEALED" text from exhibits (de). (Entered: 08/25/2025)Open(opens another site)
72Motion to Seal Exhibits Filed in Support of Turbocam's Motion to Exclude Testimony of Randi Ettner, Ph.D by Turbocam, Inc. (Attachments: # 1 Memorandum of Law)(Minich, Bethany) (Entered: 08/25/2025)Open(opens another site)
73Assented to MOTION for E. Cliff Martin to Appear Pro Hac Vice (Filing fee $ 100, Receipt # CNHDC-2671861.) filed by Turbocam, Inc.. (Attachments: # 1 Exhibit (Affidavit) A - Affidavit of E. Cliff Martin)(Minich, Bethany) (Entered: 08/25/2025)Open(opens another site)
74OBJECTION to 66 Amended MOTION for Summary Judgment And Cross-Motion for Summary Judgment filed by Turbocam, Inc.. Follow up on Reply on 9/2/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Minich, Bethany) (Entered: 08/25/2025)Open(opens another site)
75MEMORANDUM in Opposition re 66 Amended MOTION for Summary Judgment And Cross-Motion for Summary Judgment filed by Turbocam, Inc.. Follow up on Reply on 9/2/2025. 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, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U)(Minich, Bethany) (Additional attachment(s) added on 8/29/2025: # 22 UNREDACTED - BPM Court re Opp to P's MSJ and Cross Motion) (vln). (Additional attachment(s) added on 8/29/2025: # 23 SEALEDEX. J, # 24 SEALEDEX. L - Medical Record Lillian Bernier, # 25 SEALEDEX. T - Medical Records Lillian Bernier) (vln). (Entered: 08/25/2025)Open(opens another site)
76AFFIDAVIT in Opposition re 66 Amended MOTION for Summary Judgment And Cross-Motion for Summary Judgment filed by Turbocam, Inc.. (Minich, Bethany) (Entered: 08/25/2025)Open(opens another site)
77Turbocam's Response to Bernier's Concise Statement of Undisputed Material Facts and Concise Counterstatement of Undisputed Material Facts in Support of Turbocam's Cross-Motion for Summary Judgment by Turbocam, Inc.(Minich, Bethany) (Additional attachment(s) added on 8/29/2025: # 1 UNREDACTED Response to Plaintiff's Concise Statement and Concise Counterstatement) (vln). (Entered: 08/25/2025)Open(opens another site)
78MEMORANDUM in Opposition re 72 MOTION to Seal filed by Lillian Bernier. Follow up on Reply on 9/3/2025. 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: 08/27/2025)Open(opens another site)
79Defendant, Turbocam, Inc.'s Assented-To Motion to Seal by Turbocam, Inc.(Minich, Bethany) (Entered: 08/27/2025)Open(opens another site)
80NOTICE of Attorney Appearance by Everett Clifton Martin, IV on behalf of Turbocam, Inc. Attorney Everett Clifton Martin, IV added to party Turbocam, Inc.(pty:dft).(Martin, Everett) (Entered: 08/27/2025)Open(opens another site)
81Joint MOTION to Extend Time filed by Turbocam, Inc..Follow up on Objection on 9/17/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Minich, Bethany) (Entered: 09/03/2025)Open(opens another site)
82Assented to MOTION for Leave to File File Reply Brief in Support of Turbocam, Inc.s Motion to Seal Exhibits Filed in Support of Motion to Exclude Testimony of Randi Ettner, Ph.D. filed by Turbocam, Inc.. (Attachments: # 1 Exhibit)(Minich, Bethany) (Entered: 09/03/2025)Open(opens another site)
83Assented to MOTION to Seal Replaces Document No. 79. filed by Turbocam, Inc..(Minich, Bethany) (Entered: 09/05/2025)Open(opens another site)
84Assented to MOTION to Seal Replaces Document No. 79 and 83 filed by Turbocam, Inc..(Minich, Bethany) (Entered: 09/05/2025)Open(opens another site)
85REPLY to Objection to Motion re 72 MOTION to Seal filed by Turbocam, Inc.. Surreply due by 9/15/2025. (Minich, Bethany) (Entered: 09/09/2025)Open(opens another site)
86MEMORANDUM in Opposition re 71 MOTION to Exclude Testimony of Randi Ettner, Ph.D filed by Lillian Bernier. Follow up on Reply on 10/15/2025. 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 Exhibit 1 Second Declaration of Randi Ettner, Ph.D., # 2 Exhibit Exhibit 2 Excerpts from the Deposition Transcript of Daniel Weiss, M.D.)(Erchull, Chris) (Entered: 10/08/2025)Open(opens another site)
87Plaintiff's Reply to Defendant's Concise Statement of Undisputed Material Facts by Lillian Bernier (Attachments: # 1 Exhibit (Affidavit) Second Declaration of Attorney Chris Erchull, # 2 Exhibit (Affidavit) Exhibit 21 - Second Declaration of Randi Ettner, Ph.D., # 3 Exhibit Exhibit 22 - Excerpts from the Deposition of Marian Noronha, # 4 Exhibit Exhibit 23 - Excerpts from the Deposition of Randi Ettner, Ph.D., # 5 Exhibit Exhibit 24 - Turbocam's Answers to Plaintiff's Interrogatory No. 13, # 6 Exhibit (Affidavit) Exhibit 25 - Second Declaration of Lillian Bernier, # 7 Exhibit Exhibit 26 - Excerpts from the Deposition of Daniel Weiss, M.D., # 8 Exhibit Exhibit 27 - Excerpts from the Deposition of Peter Hanson, # 9 Exhibit Exhibit 28 - Excerpts from the Deposition of Darika Marino)(Erchull, Chris) (Entered: 10/08/2025)Open(opens another site)
88REPLY to Objection to Motion re 66 Amended MOTION for Summary Judgment and Objection to Defendant's 74 Cross-Motion for Summary Judgment filed by Lillian Bernier. Surreply due by 10/14/2025. (Erchull, Chris) (Entered: 10/08/2025)Open(opens another site)
89NOTICE of Attorney Withdrawal by Jonathan Berry on behalf of Turbocam, Inc.(Berry, Jonathan) (Entered: 10/16/2025)Open(opens another site)
90Assented to MOTION for Laura B. Ruppalt to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2695039.) filed by Turbocam, Inc.. (Attachments: # 1 Exhibit A - Declaration)(Minich, Bethany) (Entered: 10/22/2025)Open(opens another site)
91AFFIDAVIT re 90 Assented to MOTION for Laura B. Ruppalt to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2695039.) filed by Turbocam, Inc.(Minich, Bethany) (Entered: 10/30/2025)Open(opens another site)
92Assented to MOTION for Leave to File Reply Memorandum filed by Turbocam, Inc.. (Attachments: # 1 Exhibit A - Reply Memorandum)(Minich, Bethany) (Entered: 11/03/2025)Open(opens another site)
93NOTICE of Attorney Appearance by Laura Ruppalt on behalf of Turbocam, Inc. Attorney Laura Ruppalt added to party Turbocam, Inc.(pty:dft).(Ruppalt, Laura) (Entered: 11/04/2025)Open(opens another site)
94REPLY to Objection to Motion re 71 MOTION to Exclude Testimony of Randi Ettner, Ph.D filed by Turbocam, Inc.. Surreply due by 11/10/2025. (Minich, Bethany) (Entered: 11/05/2025)Open(opens another site)
95Turbocam, Inc.'s Reply in Support of Its Cross-Motion for Summary Judgment by Turbocam, Inc. (Attachments: # 1 V - Declaration)(Minich, Bethany) (Entered: 11/05/2025)Open(opens another site)
96RESPONSE re 77 Miscellaneous Filing, Turbocam's Reply in Support of Turbocam's Counterstatement of Undisputed Material Facts and Response to Bernier's Counterstatement of Undisputed Material Facts filed by Turbocam, Inc.. (Minich, Bethany) (Entered: 11/05/2025)Open(opens another site)
97MOTION to Strike 95 Miscellaneous Filing (Declaration of Peter Hanson) filed by Lillian Bernier.Follow up on Objection on 12/3/2025. 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) Declaration of Attorney Chris Erchull, # 2 Exhibit Exhibit 1 - Turbocam's Response to Lillian Bernier's Charge of Discrimination at the New Hampshire Human Rights Commission, # 3 Exhibit Exhibit 2 - Turbocam's Interrogatory Responses, # 4 Exhibit Exhibit 3 - Turbocam's Supplemental Interrogatory Responses, # 5 Exhibit Exhibit 4 - Cover and Signature Pages of Expert Report of Daniel Weiss, M.D., # 6 Exhibit Exhibit 5 - Turbocam, Inc.'s Objections to 30(b)(6) Deposition Topics, # 7 Exhibit Exhibit 6 - Excerpts of the Deposition Transcript of Peter Hanson, # 8 Exhibit Exhibit 7 - Excerpts of the Deposition Transcript of Marian Noronha)(Erchull, Chris) (Entered: 11/19/2025)Open(opens another site)
98Assented to MOTION to Extend Time to File an Opposition and Reply filed by Turbocam, Inc..(Minich, Bethany) (Entered: 11/20/2025)Open(opens another site)
99NOTICE of Supplemental Authority by Lillian Bernier. (Attachments: # 1 Exhibit Exhibit 1 Pritchard v. Blue Cross, Blue Shield of Ill.)(Erchull, Chris) (Entered: 11/24/2025)Open(opens another site)
100ORDER denying 72 Motion to Seal. For these reasons detailed within, Turbocam's motion to seal (doc. no. 72) is denied. So Ordered by District Judge Landya B. McCafferty.(de) (Entered: 12/10/2025)Open(opens another site)