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103-Godbe-Declaration Case: 3:17-cv-00264-wmc Document #: 103 Filed: 06/08/18 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN ALINA BOYDEN and SHANNON ANDREWS, Plaintiffs, Case No. 17-cv-264 v. STATE OF WISCONSIN DEPARTMENT OF EMPLOYEE TRUST FUNDS, et al., Defendants. DECLARATION OF MICHAEL R. GODBE I, Michael R. Godbe, certify under penalty of perjury that the following is true and correct to the best of my knowledge and recollection: 1. I am an attorney licensed to practice in the state of Wisconsin and am one of the attorneys representing the Plaintiffs in the above-captioned matter. 2. The parties in this case have engaged in discovery. Attached to this Declaration are true and correct copies of the following documents produced in discovery: a. Attached hereto as Exhibit A is a true and correct copy of Defendants’ Responses to Plaintiffs’ Second Set of Requests for Admission and Interrogatory; b. Attached hereto as Exhibit B is a true and correct copy of “It’s Your Choice” Access Health Plan, Bates labelled ETF000084; Case: 3:17-cv-00264-wmc Document #: 103 Filed: 06/08/18 Page 2 of 5 c. Attached hereto as Exhibit C is a true and correct copy of Excerpts From 2016 Contract & Uniform Benefits, Bates labelled ETF00727; d. Attached hereto as Exhibit D is a true and correct copy of July 21, 2016 Emails between Tara Pray and Michael McNally, Bates labelled ETF02204; e. Attached hereto as Exhibit E is a true and correct copy of 2017 Benefit Uniform Benefits, revised 2/1/2017, Bates labelled ETF00023; f. Attached hereto as Exhibit F is a true and correct copy of excerpts from the Alina Boyden ETF Written Complaint File, Bates labelled ETF00002; g. Attached hereto as Exhibit G is a true and correct copy of excerpts from the Shannon Andrews ETF Written Complaint File, Bates labelled ETF00003; h. Attached hereto as Exhibit H is a true and correct copy of the January 31, 2017 ETF Memo to Health Plans, Bates labelled ETF00125; i. Attached hereto as Exhibit I is a true and correct copy of June 22, 2016 GIB Correspondence Memorandum, Bates labelled ETF00562; 2 Case: 3:17-cv-00264-wmc Document #: 103 Filed: 06/08/18 Page 3 of 5 j. Attached hereto as Exhibit J is a true and correct copy of September 8, 2006 emails between Bill Kox and Jeff Bogardus and the attachment contained therein, the 2005-2007 Bargaining Demands, Bates labelled ETF02026; k. Attached hereto as Exhibit K is a true and correct copy of October 22, 2008 emails between Linda Owens and Jeff Bogardus and the attachment contained therein, the 2009-2011 Bargaining Demands, Bates labelled ETF03934; l. Attached hereto as Exhibit L is a true and correct copy of April 27, 2015 emails between Jeff Bogardus, Arlene Larson, and Tara Pray and the attachment contained therein, the 2015 Pray Study Group Memorandum, Bates labelled ETF01815; m. Attached hereto as Exhibit M is a true and correct copy of the July 12, 2016 GIB Open Meeting Minutes, Bates labelled BoydenProd6_000100; n. Attached hereto as Exhibit N is a true and correct copy of June 29, 2016 emails between Kirsten Schatten and Lisa Ellinger and the attachment contained therein, the March 3, 2014 Segal Maryland Coverage Estimate Memorandum, Bates labelled ETF02293; 3 Case: 3:17-cv-00264-wmc Document #: 103 Filed: 06/08/18 Page 4 of 5 o. Attached hereto as Exhibit O is a true and correct copy of January 30, 2017 emails between Joan Steele and Arlene Larson and the attachment contained therein, the January 27, 2017 Segal Transgender Cost Estimate Memorandum, Bates labelled ETF01893; p. Attached hereto as Exhibit P is a true and correct copy of the August 12, 2016 ETF Memo to GIB, Bates labelled ETF00091; q. Attached hereto as Exhibit Q is a true and correct copy of the January 31, 2017 email from Sara Brockman to GIB Members and an attachment contained therein, the December 13, 2016 GIB Open Meeting Meetings, Bates labelled GIB00711; r. Attached hereto as Exhibit R is a true and correct copy of a December 29, 2016 email between Jeff Bogardus and Steven Alexander, Shannon Tischer, and Pam Olson, Bates labelled ETF02184; s. Attached hereto as Exhibit S is a true and correct copy of the December 30, 2016 GIB Open Meeting Minutes, Bates labelled ETF00141; t. Attached hereto as Exhibit T is a true and correct copy of February 6, 2017 emails between Tara Pray and Lisa Ellinger, Bates labelled BoydenProd7_000174; 4 Case: 3:17-cv-00264-wmc Document #: 103 Filed: 06/08/18 Page 5 of 5 u. Attached hereto as Exhibit U is a true and correct copy of the February 8, 2017 GIB Open Meeting Minutes, Bates labelled BoydenProd6_000050; v. Attached hereto as Exhibit V is a true and correct copy of the May 24, 2017 GIB Open Meeting Minutes, Bates labelled ETF00156; w. Attached hereto as Exhibit W is a true and correct copy of Defendant’s Responses to Plaintiff’s First Set of Discovery Requests; and x. Attached hereto as Exhibit X is a true and correct copy of the May 2, 2018 Stipulation between the parties. 3. I declare under penalty of perjury that the foregoing is true and correct. Executed this 8th day of June, 2018. /s/ Michael R. Godbe Michael R. Godbe 5 Case: 3:17-cv-00264-wmc Document #: 103-1 Filed: 06/08/18 Page 1 of 20 Exhibit A Case: 3:17-cv-00264-wmc Document #: 103-1 Filed: 06/08/18 Page 2 of 20 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN ALINA BOYDEN and SHANNON ANDREWS, Plaintiffs, Case No. 17-cv-264 v. STATE OF WISCONSIN DEPARTMENT OF EMPLOYEE TRUST FUNDS, et al., Defendants. STATE DEFENDANTS’ RESPONSES AND OBJECTIONS TO PLAINTIFFS’ SECOND SET OF REQUESTS FOR ADMISSION AND INTERROGATORY TO STATE DEFENDANTS Pursuant to Federal Rules of Civil Procedure 33 and 36, Defendants State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Group Insurance Board, Robert J. Conlin, Secretary of the Department of Employee Trust Funds (ETF), Board of Regents of the University of Wisconsin System, Raymond W. Cross, President of the University of Wisconsin System, Rebecca M. Blank, Chancellor of the University of Wisconsin-Madison, University of Wisconsin School of Medicine and Public Health, and Robert N. Golden, M.D., Dean of the University of Wisconsin School of Medicine and Public Health (the “State Defendants”), by their counsel, hereby object and respond to Plaintiffs Second Set of Requests for Admission and Interrogatory to State Defendants. Case: 3:17-cv-00264-wmc Document #: 103-1 Filed: 06/08/18 Page 3 of 20 GENERAL OBJECTIONS The State Defendants assert and incorporate by reference the same General Objections set forth in State Defendants’ Responses and Objections to Plaintiffs’ First Set of Requests for Admission, Interrogatories, and Requests for Production of Documents and Things. SPECIFIC OBJECTIONS AND RESPONSES TO REQUESTS FOR ADMISSION REQUEST FOR ADMISSION NO. 1: Admit that Alina Boyden is eligible for group health insurance coverage provided by Defendants ETF and GIB because she is employed by the Defendant, Board of Regents. RESPONSE TO REQUEST FOR ADMISSION NO. 1: The State Defendants object that the term “provided by” is vague and ambiguous. Subject to and without waiving that objection, ADMIT that that Alina Boyden is eligible for State of Wisconsin Group Health Insurance Program coverage in part because she is employed by the Defendant, Board of Regents; DENY the remainder of this Request. REQUEST FOR ADMISSION NO. 2: Admit that Alina Boyden has received group health insurance coverage, and currently receives group health insurance coverage, provided by Defendants ETF and GIB through her employment by the Defendant, Board of Regents. RESPONSE TO REQUEST FOR ADMISSION NO. 2: The State Defendants object that the term “provided by” is vague and ambiguous. Case: 3:17-cv-00264-wmc Document #: 103-1 Filed: 06/08/18 Page 4 of 20 Subject to and without waiving that objection, ADMIT that Alina Boyden has received State of Wisconsin Group Health Insurance Program coverage, and currently receives State of Wisconsin Group Health Insurance Program coverage through her employment by the Defendant, Board of Regents; DENY the remainder of this Request. REQUEST FOR ADMISSION NO. 3: Admit that Shannon Andrews is eligible for group health insurance coverage provided by Defendants ETF and GIB because she is employed by the Defendant, Board of Regents. RESPONSE TO REQUEST FOR ADMISSION NO. 3: The State Defendants object that the term “provided by” is vague and ambiguous. Subject to and without waiving that objection, ADMIT that that Shannon Andrews is eligible for State of Wisconsin Group Health Insurance Program coverage because she is employed by the Defendant, Board of Regents; DENY the remainder of this Request. REQUEST FOR ADMISSION NO. 4: Admit that Shannon Andrews has received group health insurance coverage, and currently receives group health insurance coverage, provided by Defendants ETF and GIB through her employment by the Defendant, Board of Regents. RESPONSE TO REQUEST FOR ADMISSION NO. 4: The State Defendants object that the term “provided by” is vague and ambiguous. Subject to and without waiving that objection, ADMIT that Shannon 2 Case: 3:17-cv-00264-wmc Document #: 103-1 Filed: 06/08/18 Page 5 of 20 Andrews has received State of Wisconsin Group Health Insurance Program coverage, and currently receives State of Wisconsin Group Health Insurance Program coverage through her employment by the Defendant, Board of Regents; DENY the remainder of this Request. REQUEST FOR ADMISSION NO.
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