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

The entries the archive holds for this docket. For the full docket, use the link above.

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Docket entries
No.DateDescriptionDocument
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)
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)
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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)
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)
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)
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)
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)
ENDORSED ORDER re: 51 Stipulation re: of Voluntary Dismissal of Count VI Only. Text of Order: Plaintiff Lillian Bernier has filed a stipulation of dismissal as to Count VI of the complaint, which is brought against only two of the three defendants in this case: Health Plans, Inc. and Harvard Pilgrim Health Care of New England, Inc. See doc. no. 51. The stipulation is signed by Bernier, Health Plans, and Harvard Pilgrim. A stipulation of dismissal under Rule 41(a) requires a stipulation signed by all parties who have appeared or a court order on terms that the court considers proper. Defendant Turbocam, Inc. has appeared, but did not sign the stipulation. For this reason, a self-executing stipulation of dismissal under Rule 41(a)(1) would be improper. Therefore, the court construes the filing as a motion for voluntary dismissal under Rule 41(a)(2). Turbocam shall respond to the motion on or before September 6, 2024. So Ordered by Chief Judge Landya B. McCafferty.(de)
ENDORSED ORDER re: 52 Joint Stipulation regarding ESI. Text of Order: Reviewed. So Ordered by US Magistrate Judge Andrea K Johnstone.(de)
/// ENDORSED ORDER re: 51 Stipulation of Vol. Dismissal as to court VI and mooting 42 Motion to Intervene. Text of Order: For the reasons stated in document nos. 51, 53 & 54, the court dismisses Count VI with prejudice. This dismissal is without prejudice, however, as to any claims or defenses that may arise as a result of the contract between Defendants Turbocam, Health Plans, Inc. and Harvard Pilgrim Health Care of New England. Document 42 is now moot. So Ordered by Chief Judge Landya B. McCafferty.(de)
ENDORSED ORDER granting 56 Motion to Extend Time to Discovery Deadlines and Discover Status Report. Text of Order: Granted with the following modification: trial shall be set for the two-week period beginning October 21, 2025. So Ordered by US Magistrate Judge Andrea K Johnstone. Summary Judgment Motions due by 6/5/2025.(vln)
TRIAL NOTICE: Jury Selection/Trial set for two week period beginning 10/21/2025 09:30 AM before Chief Judge Landya B. McCafferty. Final Pretrial Conference set for 10/8/2025 03:00 PM before Chief Judge Landya B. McCafferty. Pretrial Statements due 9/10/2025. LR 16.2(d) Objections due 9/24/2025. (vln)
ENDORSED ORDER granting 58 Joint Motion for Protective Order. Text of Order: Granted. The parties proposed protective order substantially conforms to Civil Form 5 as required by LR 26.2. Accordingly, the court will issue the protective order (Doc. No. 58-1). So Ordered by US Magistrate Judge Andrea K Johnstone.(de)
ENDORSED ORDER re: 59 Motion to Extend Deadlines. Text of Order: Granted with the following modification: trial shall be set for the two-week period beginning December 9, 2025. So Ordered by US Magistrate Judge Andrea K Johnstone. Summary Judgment Motions due by 7/25/2025.(de)
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ENDORSED ORDER re: 63 Motion to Extend Time Briefing Schedule and Extend Page Limits. Text of Order: Granted with the following modification: in light of the parties extended briefing schedule, trial shall be set for the two-week period beginning January 21, 2026. So Ordered by US Magistrate Judge Andrea K Johnstone.(de)
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Motion terminated - REPLACED - SEE DOCUMENTS 66 and 67 : 64 MOTION for Summary Judgment filed by Lillian Bernier. (de)
TRIAL NOTICE: Pretrial Statements due 12/17/2025. LR 16.2(d) Objections due 12/31/2025. Jury Selection/Trial set for two week period beginning 1/21/2026 at 09:30 AM before Chief Judge Landya B. McCafferty. Final Pretrial Conference set for 1/7/2026 at 03:00 PM before Chief Judge Landya B. McCafferty. (de).
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ENDORSED ORDER re: 68 Stipulation of Dismissal as to Counts II, III, and V of the Complaint. Text of Order: Reviewed. So Ordered by Chief Judge Landya B. McCafferty.(de)
ENDORSED ORDER granting 69 Assented to Motion to Seal Exhibit. Text of Order: Granted. Exhibit 12 (doc. 67-22) is sealed. So Ordered by Chief Judge Landya B. McCafferty.(de)
NOTICE of ECF Filing Error re: 76 Affidavit in Opposition to Motion filed by Turbocam, Inc.. Document should have been filed as an attachment to 75 MEMORANDUM in Opposition (AP 2.5(a)). NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at [telephone number removed].(vln)
ENDORSED ORDER granting 73 Motion for E. Cliff Martin 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 Talesha L. Saint-Marc.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)
NOTICE of ECF Filing Error re: 79 Miscellaneous Filing filed by Turbocam, Inc. See LR 83.12(d) re Sealed Documents Filing Procedures: A motion to seal, and the related document(s) to be sealed, must be filed conventionally and submitted in compliance with Administrative Procedure for Electronic Case Filing 3.3. The motion to seal, related document(s), and data storage device shall be submitted in an envelope with a notation on the outside of the envelope such as "DOCUMENTS SUBMITTED UNDER SEAL." Counsel shall refile the motion and all related documents in accordance with LR 83.12. If the filing party has any questions concerning this notice, please contact the judge's case manager at [telephone number removed]. Compliance Deadline set for 9/4/2025.(vln)
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NOTICE of ECF Filing Error re: 79 Miscellaneous Filing filed by Turbocam, Inc. Filer used wrong event. Filer shall refile using the MOTION Event (Motion for Miscellaneous Relief) and enter in docket text: Replaces document no. 79. In addition, the Motion to Seal should include document no. references from the docket -not just exhibit numbers- of the documents for which sealing is requested. If the filing party has any questions concerning this notice, please contact the judge's case manager at [telephone number removed].Compliance Deadline set for 9/8/2025.(de)
ENDORSED ORDER re: 81 Joint Motion to Extend Time. Text of Order: Granted with the following modification: In light of the agreed upon briefing schedule revisions, trial in this matter is rescheduled to the two-week period beginning March 17, 2026. So Ordered by US Magistrate Judge Andrea K Johnstone.(de)
ENDORSED ORDER granting 82 Assented to Motion for Leave to 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. 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 Chief Judge Landya B. McCafferty.(de)
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TRIAL NOTICE: Pretrial Statements due 2/10/2026. LR 16.2(d) Objections due 2/24/2026. Jury Selection/Trial set for two week period beginning 3/17/2026 at 09:30 AM before Chief Judge Landya B. McCafferty. Final Pretrial Conference set for 3/3/2026 at 03:00 PM before Chief Judge Landya B. McCafferty. (de)